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HomeMy WebLinkAboutAgenda Report - October 1, 2014 G-01 PHAGENDA ITEM G go I JQ CITY OF LODI COUNCIL COMMUNICATION ' TM AGENDA TITLE: Public Hearing to Certify a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension MEETING DATE: October 1, 2014 PREPARED BY: Community Development Director RECOMMENDED ACTION: Public Hearing to certify a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension. BACKGROUND INFORMATION: The City of Lodi is proposing to build an approximately 11,500 -foot -long industrial wastewater force main and recycled water line in the same trench within San Joaquin County existing public rights-of-way from the southeast portion of the Michael -David Winery to the City of Lodi industrial wastewater line crossing in Devries Road (Project). The Project is located in unincorporated northern San Joaquin County and to the west of the City of Lodi. The Project begins at the existing Michael -David Winery (4580 W. Highway 12) south of State Route 12 and follows existing public rights-of-way for Ray Road, Neeley Road, Treadway Road and Devries Road. As mandated by State law, City staff prepared an Initial Study/ Mitigated Negative Declaration (File No. 2014-23 ND) in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines provided thereunder. The minimum public review period is 30 days and the proposed Mitigated Negative Declaration was circulated for a 30 -day public review period, beginning on Tuesday, August 26, 2014 and ending on Friday, September 26, 2014. On August 22, 2014 the Notice of Availability (NOA) of the Draft Initial study/Mitigated Negative Declaration was prepared and distributed to the State Clearing House; reviewing agencies, responsible agencies, trustee agencies, and the county clerk in which the project is located as well as all persons requesting notice. The Notice of Availability for the proposed Mitigated Negative Declaration was published in the Lodi News Sentinel on August 26, 2014, and was distributed to property owners within 300 feet of the project boundary. The City received seven comments during the public review period and the comments were responded to and incorporated into the Final Mitigated Negative Declaration. Letters were received from San Joaquin County Airport Land Use Commission, San Joaquin County Council of Governments Habitat Conservation, Central Valley Regional Water Quality Control Board, APPROVED: Te -p - -en Schwab-airdr, City Manager San Joaquin Valley Air Pollution Control District, State Water Resources Control Board, Mr. Ted Petersen and Mr. Richard Dokey. The Community Development Department has determined that all environmental impacts that result from this project can be mitigated to a less than significant level, and the Council is being requested to open the public hearing, take comments from any concerned citizens and trustee agencies and then make the required findings to certify the document. Based upon this meeting future contract and design documents will be reviewed by the Council for approval. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Step en Schwa Community Development Director Attachments: Exhibit A — Mitigated Negative Declaration Exhibit B — Notice of Completion and Comment Letters Exhibit C — Mitigation Monitoring and Reporting Plan Exhibit D — Resolution Exhibit A Mitigated Negative Declaration Public Review Draft Initial Study/ Mitigated Negative Declaration For the City of Lodi Industrial Wastewater Pipeline Extension 1 City of Lodi Industrial Wastewater Pipeline Extension August 2014 City of Lodi Industrial Wastewater Pipeline Extension PUBLIC REVIEW DRAFT INITIAL STUDY/ PROPOSED MITIGATED NEGATIVE DECLARATION FOR THE CITY OF LODI INDUSTRIAL WASTEWATER PIPELINE EXTENSION Prepared by the City of Lodi Community Development Department 221 West Pine Street Lodi, CA 95240 August 2014 3 City of Lodi Industrial Wastewater Pipeline Extension City of Lodi Industrial Wastewater Pipeline Extension NOTICE OF AVAILABILITY AND NOTICE TO OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE CITY OF LODI INDUSTRIAL WASTEWATER PIPELINE EXTENSION The City of Lodi has prepared an Initial Study pursuant to California Environmental Quality Act (CEQA) and the CEQA Guidelines (Public Resources Code, Division 13 and California Code of Regulations, Title 14, Chapter 3) evaluating the potential environmental impacts of the City of Lodi Industrial Wastewater Pipeline Extension. The City proposes to adopt a Mitigated Negative Declaration ("MND") because the Wastewater Pipeline construction and operation would not have a significant effect on the environment. This ND and the Initial Study describe the reasons that this project will not have a significant effect on the environment and, therefore, does not require the preparation of an environmental impact report under CEQA. FILE NUMBER: 2014-23 ND PROJECT TITLE: CITY OF LODI INDUSTRIAL WASTEWATER PIPELINE EXTENSION PROJECT LOCATION: The project is located in unincorporated northern San Joaquin County and to the west of the City of Lodi. The project begins at the existing Michael/David Winery (4580 W. Highway 12) south of State Route 12 and follows existing public right-of-ways for Ray Road, Neeley Road, Treadway Road and Devries Road. A regional and location map is included as Figures 1 and 2. The proposed project takes place within the boundaries of existing county road public rights-of- way. PROJECT DESCRIPTION: The City of Lodi is proposing to build an approximately 11,500 foot long industrial wastewater force main and recycled water line in the same trench within San Joaquin County existing public rights-of—way from the south east portion of the Michael/David Winery to the City of Lodi industrial wastewater line crossing in Devries Road (Project). The City of Lodi approved a Memorandum of Understanding (MOU) with Michael/David Winery, LLC (Winery) and Jesse's Grove Winery on October 18, 2006, to truck industrial effluent to City's White Slough Water Pollution Control Facility. The MOU granted to Michael/David Winery, LLC, up to 700,000 gallons per year of industrial treatment capacity. Subsequently, additional industrial treatment capacity has been granted to Winery in increments of 300,000 and 500,000 gallons for a total capacity of 1.5 million gallons per year. Currently Winery production requires that approximately one million gallons of winery wastewater per year to be conveyed via tanker trucks to City's White Slough Wastewater Treatment Plant. Since typical transport trucks can convey approximately 6,500 gallons per trip, installation of the proposed private and public facilities will eliminate the need for approximately 150 truck trips per year. Winery is proposing to build an industrial wastewater collection and booster pump facility on existing Winery property and the City of Lodi is proposing to construct an approximately 11,500 foot long force main within existing county road right-of—way to the City of Lodi industrial wastewater line. The project would also include a recycled waterline pipe within the same trench for future service to reduce groundwater pumping on the Winery property. 5 City of Lodi Industrial Wastewater Pipeline Extension Winery has requested permission to discharge up to 10.0 million gallons per year of Winery waste (no domestic waste) into the City of Lodi's industrial wastewater line located south of Winery. City's industrial wastewater line is not connected to its domestic treatment system. Winery would construct collection and pumping facilities, to be owned and operated by Winery, and an approximately 11,500 foot long force main pipe, to be owned and operated by City, from Winery to the City's existing industrial wastewater line. The conceptual design and alignment information is presented in Figures 2 and 3. The public facilities would be located all within existing San Joaquin County road rights-of-way. No new disturbances are proposed as part of the Project. PUBLIC REVIEW PERIOD: As mandated by State law, the minimum public review period for this document is 30 days. The proposed Mitigated Negative Declaration will be circulated for a 30 -day public review period, beginning on Tuesday, August 26, 2014 and ending on Friday, September 26, 2014. Copies of the Draft Negative Declaration are available for review at the following locations: • Community Development Department, 221 West Pine Street, Lodi, CA 95240; • Lodi Public Library, 201 West Locust Street, Lodi, CA 95240; and • Online at http://www.lodi.gov/com dev/EIRs.html Any person wishing to comment on the Initial Study and proposed Negative Declaration must submit such comments in writing no later than 5:00 pm on Friday, September 26, to the City of Lodi at the following address: Craig Hoffman, Senior Planner City of Lodi P. O. Box 3006 Lodi, CA 95241 Facsimiles at (209) 333-6842 will also be accepted up to the comment deadline (please mail the original). For further information, contact Craig Hoffman, Senior Planner, at (209)333-6711. A public hearing will be scheduled before the City Council to receive comments on the document,and to adopt the Negative Declaration. This meeting is tentatively scheduled for October 1, 2014 at 7:00 p.m. at Carnegie Forum in Lodi. This meeting will be separately noticed. Craig Hoffman, S for Planner City of Lodi Industrial Wastewater Pipeline Extension Date I- Zo- ?ASH C-1 TABLE OF CONTENTS 1 Project Title...........................................................................................................................9 2 Lead Agency Name and Address..........................................................................................9 1 3 Contact Person.....................................................................................................................9 4 Project Location....................................................................................................................9 Agricultural Resources..................................................................................................20 5 Project Sponsor's Name and Adress.....................................................................................9 3 6 Project Description................................................................................................................9 7 Surroudning Land Uses and Setting....................................................................................12 Greenhouse Gas Emissions..........................................................................................27 8 Necessary Public Agency Approvals...................................................................................12 5 9 Project Construction............................................................................................................13 Enviromental Factors Potentailly Affected.................................................................................18 EnvironmentalDetermination....................................................................................................18 Notice of Availability and Notice to Adopt a Negative Declaration...............................................5 EnvorimentalChecklist..............................................................................................................19 1 Aesthetics......................................................................................................................19 2 Agricultural Resources..................................................................................................20 3 Air Quality......................................................................................................................21 4 Greenhouse Gas Emissions..........................................................................................27 5 Biological Resources.....................................................................................................28 6 Cultural Resources........................................................................................................31 7 Geology and Soils.........................................................................................................34 8 Hazards and Hazardous Materials.................................................................................36 9 Hydrology and Water Quality.........................................................................................38 10 Land Use and Planning.................................................................................................40 11 Mineral Resources.........................................................................................................41 12 Noise.............................................................................................................................42 13 Population and Housing................................................................................................44 14 Public Services..............................................................................................................45 15 Recreation.....................................................................................................................46 16 Transportation/Traffic....................................................................................................47 17 Utilities and Service Systems........................................................................................50 18 Mandatory Findings of Significance...............................................................................53 7 City of Lodi Industrial Wastewater Pipeline Extension Documents Referenced..............................................................................................55 Appendix A - Michael/David Winery Approval With Mitigated Negative Declaration ..................57 LIST OF EXHIBITS Figure2-1: Regional Map..........................................................................................................15 Figure2-2: Location Map..........................................................................................................16 Figure 2-3: Typical Cross Section.............................................................................................17 1.1 City of Lodi Industrial Wastewater Pipeline Extension 1. PROJECT TITLE: City of Lodi Industrial Wastewater Pipeline Extension 2. LEAD AGENCY NAME AND ADDRESS: City of Lodi Community Development Department 221 West Pine Street Lodi, CA 9540 3. CONTACT PERSONS: Environmental document: Craig Hoffman: 209-333-6711 4. PROJECT LOCATION The Project is located in unincorporated northern San Joaquin County and to the west of the City of Lodi. The Project begins at the existing Michael/David Winery (4580 W. Highway 12) south of State Route 12 and follows existing public right-of-ways for Ray Road, Neeley Road, Treadway Road and Devries Road. A regional and location map is included as Figures 1 and 2. The proposed Project takes place within the boundaries of existing San Joaquin County public road rights-of-way. 5. PROJECT SPONSOR'S NAME AND ADDRESS: City of Lodi, Community Development Department 221 W. Pine Street Lodi CA 95240 6. PROJECT DESCRIPTION Wastewater Pipeline Extension The City of Lodi is proposing to build an approximately 11,500 foot long industrial wastewater force main and recycled water line in the same trench within San Joaquin County road right-of—way from the Michael/David Winery to the City of Lodi industrial wastewater line in Devries Road. The City of Lodi approved a Memorandum of Understanding (MOU) with Michael/David Winery, LLC (Winery) and Jesse's Grove Winery on October 18, 2006, to truck industrial effluent to White Slough Water Pollution Control Facility. The MOU granted to Winery up to 700,000 gallons per year of industrial treatment capacity. Subsequently, additional industrial treatment capacity has been granted to Winery in increments of 300,000 and 500,000 gallons for a total capacity of 1.5 million gallons per year. Current Winery production requires that approximately one million gallons of winery wastewater per year to be conveyed via tanker trucks to City's White Slough Wastewater Treatment Plant. Since typical transport trucks can convey approximately 6,500 gallons per D City of Lodi Industrial Wastewater Pipeline Extension trip, installation of the proposed private and public facilities will eliminate the need for approximately 150 existing truck trips per year. Winery is proposing to build an industrial wastewater collection and booster pump facility on the existing Winery property and the City of Lodi is proposing to construct an approximately 11,500 foot long force main and recycled water line in the same trench within existing county public road right-of—way to the City's industrial wastewater line. Winery has requested permission to discharge up to 10.0 million gallons per year of winery waste (no domestic waste) into City's industrial wastewater line located south of Winery. Winery would construct collection and pumping facilities, to be owned and operated by Winery, and an approximately 11,500 foot long force main pipe and recycled water line, to be owned and operated by City, from Winery to City's industrial wastewater line. The conceptual design and alignment information is presented in Figures 2 and 3. The City of Lodi Winery Wastewater Pipeline Project consists of approximately 11,500 lineal feet of 6 inch to 8 inch force main pipeline and 11,500 lineal feet of 4 inch to 6 inch recycled water pipe within the same trench to be installed within existing San Joaquin County public right-of-way from a site on Ray Road near Highway 12 to a discharge structure on Devries Road, which will connect the proposed pipeline to the existing City of Lodi industrial wastewater pipeline. The proposed pipeline will travel along a route from Ray Road to Devries Road by way of Kingdon Road, Neely Road, and/or Tredway Road, depending on the selected pipeline alignment. The proposed and alternative alignments are shown on Figure 2. The recycled water pipeline will be within the same trench facility and will offer the opportunity for the Michael David Winery to be serviced with recycled water from the White Slough Wastewater Treatment facility, reducing potential groundwater pumping in the future. The City of Lodi wastewater facility generates recycled water that is used on agricultural fields and for the Lodi Energy Center. In the future, if a recycled water pipeline is constructed from the wastewater treatment facility, the City of Lodi may be able to provide this service. The pipeline facilities would be located all within existing San Joaquin County public road rights-of-way. No new disturbances are proposed outside of the existing public road right- of-way. The proposed pipeline alignment will be outside of the paved roadway where feasible, and will be located within the paved roadway where necessary. The minimum depth of cover over the pipe will be 3 feet, 6 inches, and the trench width will exceed the outer diameter of the pipeline by at least 10 inches on each side of the pipe, for a trench width at least 20 inches wider than the pipeline. Where the pipeline is installed within the existing roadway, the pavement section where the pipeline trench is cut will be a minimum of 1 inch thicker than the existing pavement section. The typical trench cross-section is shown in Figure 3. The proposed force main alignment commences at a location on Ray Road approximately 1,350 feet south of the intersection with Highway 12. Private facilities located at the Winery that are being designed in conjunction with this Project will connect to the proposed pipeline at this point of commencement. 10 City of Lodi Industrial Wastewater Pipeline Extension Michael/David Winery facilities (separate permit) All project facilities on the Michael/David Winery have been approved by the San Joaquin County Planning Commission and accompanying environmental document for Use Permit Application No. PA -1300118. This permit was approved in December of 2013 and is attached to this document as Appendix A. These approvals anticipate a 15 year master plan that will see the Winery develop over 4 distinct project phases. This document does not analyze previous project approval by San Joaquin County and that document is incorporated by reference. The Michael/David Winery expansion approvals include the following: Phase One — construction of 7,000 square foot office building and conversion of existing 10,000 square foot building into winery production building. Phase Two — construction of 24,000 square foot barrel warehouse, 600 square foot crush pad, wine tank farm extension and 900 square foot bathroom structure. Phase Three - 24,000 square foot barrel warehouse, 24,000 square foot case goods storage building and wine tank farm extension. Phase Four - 24,000 square foot barrel warehouse. Along with these structures, site and operation activities will grow as needed. The facilities installed at the Michael -David Winery in conjunction with the approximately 11,500 linear foot force main are anticipated to be as follows: • A proposed wastewater collection line that flows via gravity will be installed from the existing Winery facilities to the proposed wastewater pump station. Existing Winery facilities that will be connected to the wastewater collection line include tanks, collection, and storm drainage facilities. The proposed wastewater pump station will include screen equipment, pH monitoring and adjustment equipment, caustic soda storage and addition equipment, a drain for truck -conveyed wastewater to discharge into, a below -grade wet well, duplex submersible pumps, utility vaults, valving and piping, lighting, outlets, local and remote dial -out alarms, and filtered debris collection and storage units. • The pump station will discharge into a private force main on the Michael -David Winery property to the connection point with the proposed City of Lodi Winery Wastewater Pipeline described above, with the connection to be located within the Ray Road right-of- way. Most of the proposed facilities, both on and off-site, will be at or below the existing ground level. Facilities that will be installed above grade, such as the motor control center, lighting, screening and pH adjustment equipment, and debris collection units, are visually similar to agricultural and winery equipment commonly installed in this region. White Slough Wastewater Treatment Facility The City of Lodi wastewater treatment facility at White Slough (Facility), handles the City's effluent. The original treatment facility was built in 1966 with a rated capacity of 3.5 million gallons per day of domestic wastewater. The Facility included primary and secondary treatment and chlorine disinfection. Effluent was applied to City owned agricultural land during summer months and discharged during winter months. The Facility has undergone 11 City of Lodi Industrial Wastewater Pipeline Extension two major expansions since it was built. In 1976 the plant underwent an expansion to handle 5.8 million gallons per day and in 1990 the plant was expanded to handle 8.8 million gallons of domestic wastewater per day. In addition to the domestic wastewater treatment, the Facility also treats industrial wastewater. This treatment has included pond stabilization and mixing with treated secondary effluent followed by irrigation on City owned agricultural fields during summer months. Biosolids treatment includes primary digestion, secondary digestion, and two sludge stabilizing lagoons. Digested biosolids are combined with industrial and treated domestic effluent (meeting Title 22 recycled water quality standards) and applied to agricultural fields. The City of Lodi currently spreads 158 million gallons of industrial waste / washdown water per year on approximately 800 acres of land. In past years the industrial waste water was not enough for irrigation needs and the City needed to pump groundwater from wells. The industrial washdown water from Winery constitutes approximately 2 percent of the total industrial wastewater treated by City. Winery's proposal for up to 10 million annual gallons would be approximately 7 percent of the total industrial waste discharge processed by City. The City of Lodi is requesting that a recycled water pipeline be included with this project. In the future, if the City of Lodi is able to provide recycled water to the Michael David Winery,this could reduce groundwater pumping on the Winery property.. The City is looking to preserve this option for additional service in the future. City does not need to modify any processes at its Facility and the added water from Winery has the potential to eliminate future irrigation shortcomings on City owned agricultural fields. 7. SURROUNDING LAND USES AND SETTING: The proposed Project is located within a rural agriculture part of San Joaquin County. The surrounding areas are designated Agricultural within the San Joaquin County General Plan and a majority of the surrounding parcels are designated AG -40. Wineries, crop fields, grape production, and orchards make up the uses in the surrounding area. 8. NECESSARY PUBLIC AGENCY APPROVALS: The City of Lodi is the lead agency with responsibility for approving the connection to the City's Industrial Wastewater pipeline. The County of San Joaquin is the lead agency with responsibility for construction within the existing public road rights-of-way, issuing an encroachment permit, review of Project improvement plans and the facilities to be constructed on the Michael/David Winery site. It is anticipated that the following "typical" permits may be needed for this Project (in typical order of issuance): 1. Approval by the City of Lodi to tie into City's existing industrial wastewater pipeline. 2. Encroachment Permit issued by County of San Joaquin for work within existing public road rights-of-way. 12 City of Lodi Industrial Wastewater Pipeline Extension 3. Improvement plans for wastewater pipeline designed to City of Lodi and applicable San Joaquin County standards and issued by the City of Lodi. Trench design will be to a minimum County trench restoration standard R-29. 4. Air Quality mitigation permit for grading work by San Joaquin Valley Air Pollution Control District (SJVAPCD). 5. Annexation into the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP). 6. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) to County of San Joaquin and City of Lodi standards. 7. Pollutant Discharge Elimination Permit (Stormwater/Erosion Control) issued by the County of San Joaquin and City of Lodi. 8. Approval of LAFCO of an extraterritorial service application. 9. PROJECT CONSTRUCTION Project construction is anticipated to take approximately 90 to 120 days to complete and is expected to begin in second quarter 2015. The County of San Joaquin does not allow work within County rights-of-way from November to March. The Project has been designed to eliminate environmental impacts by requiring the following measures: • Project design to meet City of Lodi and applicable San Joaquin County design standards. • Preparation of soils and boring report to verify cross section requirements. • Air Quality Mitigation through SJVAPCD. • Annexation into San Joaquin County Multi -Species Habitat Conservation and Open Space Plan. • Preparation of a Stormwater Pollution Prevention Plan (SWPPP) to County of San Joaquin and City of Lodi standards. • Pollutant Discharge Elimination Permit (Stormwater/Erosion Control) issued by the County of San Joaquin and City of Lodi. Construction of the proposed Project is estimated to require approximately 15 workers at its peak, including skilled local professionals and labor resources. During construction, single shifts, 5 days per week are anticipated. During construction, the following vehicles will be used: • 1-2 Backhoes • 1-2 front loaders • 1-2 dump trucks • 1 street sweeper • 1 water truck • 1-2 flatbed trucks for pipe delivery • 4 Passenger Trucks Typical construction activity will include excavation of a trench within the shoulder of the existing public road to a depth of about four feet, import fill material will be placed in the bottom of the trench and compacted as necessary. The wastewater pipe will be placed in the trench and fill material placed back in the trench and compacted as necessary. Excess 13 City of Lodi Industrial Wastewater Pipeline Extension soil will be placed within haul trucks and carried off as needed. Roadways will be swept clean and asphalt patched as needed. A Stormwater Pollution Prevention Plan (SWPPP) and an Erosion and Sediment Control Plan will be prepared and implemented to avoid and minimize impacts on water quality during construction and operations. Best management practices (BMPs) for erosion control will be implemented to avoid and minimize impacts on the environment during construction. 14 City of Lodi Industrial Wastewater Pipeline Extension .. JR all 14 " LIE � 'tw _ f 1i1f� I - _ --I=• - -- - i i —w s - Mir I — Pon Fm A AII H - - tom; l LEGcN Hca cls PkRUEi LJNEwORK iC KJELDSEN CITY OF LODI EXHI9IT S SINNECK. I - m Boo APPROXIMATE CIN OF L0l7 SEVCR OLI7FALL NEJDECK s'w ,- WINERY WA5HWATER PIPELIN E PROJECT a:„— ZNw” n. 1pfll, CaLFORN3k W- C10 EW; '. c— o a• I' _Und S= — t - PROPOSED ALIGNMENT PAGE � Figure 2 - Proposed Project Location and Alignment City of Lodi Industrial Wastewater Pipeline Extension 16 HEMP PAVEMENT SECTION TO MATCH EXISRNG PAVEMENT SECTION SEE NOTE i w IM11, i;,l COMPACT IM 12" MAX LAYER" TO A MIH RELATIVE COMP,4U" OF 95% IN PAYED ARFA% AND M IN UNPAYM AREPS COMPACT IN 24' MAX LAYERS TO A WIN RELATNE COMPACTION OF WX ODMPAICT IN 6' LAYERS TO A MIN RH ATNE COMPACTION OF KX TRACER WIRE SEE NOTE 6 12' WNW 2.0 PROJECT DESCRIPTION LNIP,+NED J4RFA3 12' MRN O SOX CONPACTIDH rte= - O O. 14" MIN G" WN 0 90L - OOWPACT" x O.D. + 2O' W4-4 NOTES 1. BACKFILL WffH LKWAW S EQUAL 70 OR BETTER 1WN THE EXISTING PANEWUr AND SkE IN 4LPLITf. HEw PAvNEMT 5DMLL BE 1' TmicKER THAN DnnNr PAVEMENT, YNIMUM OF 3". NCW BASE $11ALL 6E 1" THMER THAN EXISTING BASE, MN1111" OF 9. 2- T"* @ETAKr 15 APFLCA9LE TO STA9LF: SOIL CONOrflOP4 ONLY. I 0DWROL DENSITY FILL (CD WY BE USED IN LIEU OF SPECIFIED BAIiMLL MATERM S WIM APPROVAL FROM THE ENGINEML 4, RELATIVE COMPACTION OF WEAIALS SHALL BE TESTED IN ACCORDANCE WITH THE STATE OF CALFLORMlti DEPik RYNENT OF MNSPORTATIOM TEnW-- MANVAL-S, TEST MUMD NO- CAI FORMA 216 OR 231. 6 ALL EXISTING PAVEMIENT SXiaLL BE NEATLY CUT TO UNE PRIOR TO 71REPICH EXCAYATI@L 6. W7ALL TRACER WIRE: TRACER W R'E SHWLL BE XAIE MUN #10 AWG SOLID COPPER YORE 111Th 45 WLS OF H 111*1 MOLECIULAR WEIGHT PGLTETMTLENE (I wlWPE) INSULAT10N, UL LJWD, RATED FOR DFhErT SURML COLOR PER USA REOOI NEDED COWRS AND NXSTALLED WITH ALL PIPE INCLUDING RVG, HOPS, AND DUCTILE 0W PIPE. 7. FINAL SOXUT; SAWICLW P,AVi}rIENT AFTER COWLEFION OF FINAL TRENCH BACKFILL AND COWAGTIOH WM FOR FWAL AC PAYING. I[ KJELD EN � a CITY OF LORI WINERY WASHWATER PIPELINE EXHIM S SINNOCK LORI, CALIFORNIA B N NEUDECK ummaa`"�'.', oma o+�wsar TYPICAL DETAIL W. PW a CM �■ X. �I ... j' TRENCH CROSS— ECTIOH PAGE j Figure 3 - Proposed Typical Cross Section 17 City of Lodi Industrial Wastewater Pipeline Extension 10. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project as indicated by the checklist on the following pages. Environmental Factors Potentially Affected ❑ Aesthetics ❑ Greenhouse Gas Emissions ❑ Geology/Soils ❑ Land Use/Planning ❑ Population/Housing ❑ Transportation/Traffic ® None With Mitigation ❑ Agriculture Resources ® Air Quality ® Biological Resources Z Cultural Resources ❑ Hazards & Hazardous ® Hydrology/Water Materials Quality ❑ Mineral Resources ® Noise ❑ Public Services ❑ Recreation ® Utilities/Services Systems ❑ Mandatory Findings of Significance 11. ENVIRONMENTAL DETERMINATION ❑ I find that the proposed project could not have a significant effect on the environment, and a Negative Declaration will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an Environmental Impact Report is required. ❑ I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measure based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Craig Hoffman, S for Planner City of Lodi Industrial Wastewater Pipeline Extension Date 18 2.0 PROJECT DESCRIPTION Issues Potentially Significant Impact Less Than Significant with Mitigation Incorporate d Less - Than- Significant Impact No Impact 1 AESTHETICS. Would the Project: a. Have a substantial adverse effect on a scenic ❑ ❑ ❑ ■ vista? b. Substantially damage scenic resources, including, ❑ ❑ ❑ ■ but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? C. Substantially degrade the existing visual character ❑ ❑ ❑ ■ or quality of the site and its surroundings? d. Create a new source of substantial light or glare ❑ ❑ ❑ ■ which would adversely affect day or nighttime views in the area? The San Joaquin County General Plan does not identify any scenic vistas, resources or roadways within the Project area. The pipeline work does not include any permanent structures above ground. The temporary construction activities will not impact any known or proposed scenic resources. a -d) No Impact. The proposed Project includes the trenching of approximately 11,500 feet within existing public road rights-of-way. This will result in a temporary ground disturbance that will be re -graded and put back in place to resemble preconstruction conditions. Visual impacts from the construction activities are temporary and not long term. The Project will not impact any scenic vistas. The Project does not include construction that would remove or damage any scenic resources. The Project area is rural in nature and comprised of agricultural uses, buildings and residences. The Project will not impact the aesthetics of the rural area or add new above ground features. The proposed Project will not result in the construction of any new lighting or materials that could result in glare. 19 City of Lodi Industrial Wastewater Pipeline Extension 2.0 PROJECT DESCRIPTION Less Than Potentially Significant Less - Issues Significant with Mitigation Than- No Significant Impact Impact Incorporate Impact d AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the Project: a. Convert Prime Farmland, Unique Farmland, or ❑ ❑ ■ Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program in the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? C. Conflict with existing zoning for, or cause rezoning of forest land (as defined in PRC Sec. 4526), or timberland zoned Timberland Production (as defined in PRC Sec. 51104 (g)? d. Result in loss of forest land or conversion of forest land to non -forest use? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? ❑ ❑ ■ ❑ ❑ ■ The San Joaquin County General Plan and Zoning Code identifies the properties surrounding the Project site as agricultural and many including Williamson Act Contracts. The proposed Project ties into facilities on an existing private property containing a winery and then constructs a force main pipe and recycled water pipe within existing public rights-of-way. The Project is within an existing private property parcel and existing public rights-of-way. The Project takes place in pre -disturbed areas. a -e) Less than Significant Impact. The Project does not propose to convert any farmland to non-agricultural use. The Project is not on any Williamson Act properties and does not conflict with any existing or proposed contracts. The Project site is surrounded by agricultural properties. It is not comprised of any timber or forested properties. The pipeline will ensure that winery production and activities continue on the Michael/David Winery site by enhancing its wastewater operations. The Project is surrounded by agricultural uses. Any modification to zoning or the General Plan land use would require approval by the Board of Supervisors; such a request is not part of this or any anticipated project. 20 City of Lodi Industrial Wastewater Pipeline Extension 2.0 PROJECT DESCRIPTION Less Than Potentially Significant Less - Issues Significant with Mitigation Than- No Significant Impact Impact Incorporate Impact d ❑ AIR QUALITY. Would the Project: a. Conflict with or obstruct implementation of the ❑ ❑ ■ ❑ applicable air quality plan? b. Violate any air quality standard or contribute ❑ ❑ ■ ❑ substantially to an existing or Projected air quality violation? C. Result in a cumulatively considerable net increase ❑ ❑ ■ ❑ of any criteria pollutant for which the Project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant ❑ ❑ ■ ❑ concentrations? e. Create objectionable odors affecting a substantial ❑ ❑ ❑ ■ number of people? a) Less Than Significant Impact. The proposed Project site is located west of the City of Lodi in San Joaquin County, which is within the jurisdictional boundaries of the San Joaquin Valley Air Pollution Control District (SJVAPCD). At the federal level, the jurisdictional area of the SJVAPCD is designated as extreme nonattainment for the 8 -hour ozone standard, nonattainment for PM2.5, and attainment or unclassified for all other criteria pollutants. At the State level, the area is designated as severe nonattainment for the one-hour ozone standard, and nonattainment for the 8 -hour ozone, PMto, and PM2.5 standards. The area is designated attainment or unclassified for all other State standards. Due to the nonattainment designations, the SJVAPCD has developed plans to attain the State and federal standards for ozone and particulate matter. The plans include the 2013 Plan for the Revoked 1 -Hour Ozone Standard, the 2007 Ozone Plan, the 2007 PM10 Maintenance Plan and Request for Redesignation, the 2008 PM2.5 Plan, and the 2012 PM2.5 Plan. The SJVAPCD thresholds of significance are based on the SJVAPCD source review offset requirements, which are a major component of the SJVAPCD's air quality plans. Thus, according to the SJVAPCD, projects with emissions below the thresholds of significance for criteria pollutants would be determined not to conflict with or obstruct implementation of the SJVAPCD's air quality plans. The proposed Project would result in temporary emissions of criteria pollutants that would not exceed the applicable thresholds of significance. Therefore, the proposed Project would not be considered to conflict with or obstruct implementation of any applicable air quality plan. b,c) Less Than Significant Impact. Typically, construction and operation of a project generates emissions of various air pollutants, including criteria pollutants such as carbon monoxide (CO), ozone precursors such as nitrous oxides (NOx) and reactive organic gases (ROG) or Volatile Organic Compounds (VOC), particulate matter less than 10 microns in diameter (PM,o), and PM2.5, as well as sulfur oxides (SOx). For example, typical emission sources 21 City of Lodi Industrial Wastewater Pipeline Extension 2.0 PROJECT DESCRIPTION during construction include equipment exhaust, dust from wind erosion, earthmoving activities, and vehicle movements. To assist in evaluating impacts of project -specific air quality emissions, the SJVAPCD has adopted thresholds of significance for criteria pollutant emissions, expressed in units of tons per year (tons/yr), as presented in 1. Table 1 SJVAPCD Thresholds of Sign! icance Pollutant Construction Emissions (tons/yr) Operational Emissions (tons/yr) ROG 10 10 NOX 10 10 CO 100 100 SOX 27 27 PM10 15 15 PM2.5 15 15 Source: SJVAPCD, May 2012. Construction -Related Emissions During construction of the Project, various types of equipment and vehicles would temporarily operate on the Project site. Construction exhaust emissions would be generated from construction equipment, earth movement activities, construction workers' commute, and construction material hauling for the entire construction period. The aforementioned activities would involve the use of diesel- and gasoline -powered equipment that would generate emissions of criteria pollutants. Project construction activities also represent sources of fugitive dust, which includes PM emissions. As construction of the proposed Project would generate air pollutant emissions intermittently within the site, and in the vicinity of the site, until all construction has been completed (estimated to be a three to four month period), construction is a potential short-term concern because the proposed project is in a nonattainment area for ozone and PM. Air Quality Mitigation 1 The City shall not begin construction activities until first securing appropriate permits from the San Joaquin Valley Air Control District. The Project will be required to submit an Air Impact Assessment before issuance of construction permit. This assessment will be based upon construction qualities and will determine appropriate air mitigation fees. Air Quality Mitigation 2 Construction of the proposed Project shall comply with all applicable regulations specified in the San Joaquin Valley Air Pollution Control District Regulation VIII (Fugitive Dust Rules), including, but not limited to, compliance with the following mitigation measures: — Visible Dust Emissions (VDE) from construction, demolition, excavation or other earthmoving activities related to the Project shall be limited to 20% opacity or less, as defined in Rule 8011, Appendix A. 22 City of Lodi Industrial Wastewater Pipeline Extension 2.0 PROJECT DESCRIPTION — Pre -water all land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and phase earthmoving. — Apply water, chemical/organic stabilizer/suppressant, or vegetative ground cover to all disturbed areas, including unpaved roads. — Restrict vehicular access to the disturbance area during periods of inactivity. — Apply water or chemical/organic stabilizers/suppressants, construct wind barriers and/or cover exposed potentially dust -generating materials. — When materials are transported off-site, stabilize and cover all materials to be transported and maintain six inches of freeboard space from the top of the container. — Remove carryout and trackout of soil materials on a daily basis unless it extends more than 50 feet from site; carryout and trackout extending more than 50 feet from the site shall be removed immediately. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden. If the Project would involve more than 150 construction vehicle trips per day onto the public street, additional restrictions specified in Section 5.8 of Rule 8041 shall apply. — Traffic speeds on unpaved roads shall be limited to 15 mph. • During construction, all grading activities shall cease during periods of high winds (i.e., greater than 30 mph). To assure compliance with this measure, grading activities are subject to periodic inspections by City staff. • Construction equipment shall be kept in proper operating condition, including proper engine tuning and exhaust control systems. • Areas following clearing, grubbing and/or grading shall receive appropriate BMP treatments (e.g., re -vegetation, mulching, covering with tarps, etc.) to prevent fugitive dust generation. • All exposed soil or material stockpiles that will not be used within 3 days shall be enclosed, covered, or watered twice daily, or shall be stabilized with approved nontoxic chemical soil binders at a rate to be determined by the on-site construction supervisor. • Unpaved access roads shall be stabilized via frequent watering, non-toxic chemical stabilization, temporary paving, or equivalent measures at a rate to be determined by the on-site construction supervisor. • Trucks transporting materials to and from the site shall allow for at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). Alternatively, trucks transporting materials shall be covered. • Where visible soil material is tracked onto adjacent public paved roads, the paved roads shall be swept and debris shall be returned to the construction site or transported off site for disposal. • Wheel washers, dirt knock -off grates/mats, or equivalent measures shall be installed within the construction site where vehicles exit unpaved roads onto paved roads. • Diesel powered construction equipment shall be maintained in accordance with manufacturer's requirements, and shall be retrofitted with diesel particulate filters where available and practicable. 23 City of Lodi Industrial Wastewater Pipeline Extension 2.0 PROJECT DESCRIPTION • Heavy duty diesel trucks and gasoline powered equipment shall be turned off if idling is anticipated to last for more than 5 minutes. • Where feasible, the construction contractor shall use alternatively fueled construction equipment, such as electric or natural gas -powered equipment or biofuel. • Heavy construction equipment shall use low NOx diesel fuel to the extent that it is readily available at the time of construction. • The construction contractor shall maintain signage along the construction perimeter with the name and telephone number of the individual in charge of implementing the construction emissions mitigation plan, and with the telephone number of the SJVAPCD's complaint line. The contractor's representative shall maintain a log of any public complaints and corrective actions taken to resolve complaints. • During grading and site preparation activities, exposed soil areas shall be stabilized via frequent watering, non-toxic chemical stabilization, or equivalent measures at a rate to be determined by the on-site construction supervisor. • During windy days when fugitive dust can be observed leaving the construction site, additional applications of water shall be required at a rate to be determined by the onsite construction supervisor. This mitigation measure shall be a note on improvement and building plans. d) Less Than Significant Impact. Localized concentrations of CO are related to the levels of traffic and congestion along streets and at intersections. Concentrations of CO approaching the ambient air quality standards are only expected where background levels are high, and traffic volumes and congestion levels are high. Implementation of the proposed Project, would not result in a substantial increase in traffic on area roadways. Thus, operation at all nearby roadways and intersections would not be degraded as a result of the proposed Project. Therefore, the project's impact related to a contribution to localized mobile -source concentrations of CO would be less than significant. Another category of environmental concern is Toxic Air Contaminants (TACs). The CARB's Air Quality and Land Use Handbook. A Community Health Perspective (Handbook) provides recommendations for siting new sensitive land uses near sources typically associated with significant levels of TAC emissions, including, but not limited to, freeways and high traffic roads, distribution centers, and rail yards. The CARIB has identified DPM from diesel -fueled engines as a TAC; thus, high volume freeways, stationary diesel engines, and facilities attracting heavy and constant diesel vehicle traffic are identified as having the highest associated health risks from DPM. Health risks from TACs are a function of both the concentration of emissions and the duration of exposure. Health-related risks associated with DPM in particular are primarily associated with long-term exposure and associated risk of contracting cancer. The Project site is not located near any substantial sources of TACs, such as distribution centers with more than 100 trucks per day, rail yards, high volume roadways, or freeways. In addition, the proposed Project would not introduce new sensitive receptors to the area and would be operated remotely. Therefore, the proposed Project would not be affected by any existing sources of TACs. 24 City of Lodi Industrial Wastewater Pipeline Extension 2.0 PROJECT DESCRIPTION Operations of the proposed Project would not involve long-term operation of any stationary diesel engine or other major on-site stationary source of TACs. In addition, electricity generation via the use of photovoltaic systems does not generate chemical emissions that would negatively contribute to air quality. Construction activities, however, have the potential to generate DPM emissions related to the number and types of equipment typically associated with construction. Off-road heavy-duty diesel equipment used for site grading, paving, and other construction activities result in the generation of DPM. The existing residence located on the subject parcel, immediately west of the proposed solar facility area, would be the closest sensitive receptor to the site and could become exposed to DPM emissions from the site during construction activities. However, construction is temporary and occurs over a relatively short duration in comparison to the operational lifetime of the proposed Project (i.e., construction anticipated to be accomplished within three months). In addition, heavy-duty construction equipment would not operate continuously, but intermittently throughout the course of a day over the entire Project site, and would be regulated. As construction equipment on-site would not operate for long periods of time and would be used at various locations within the site, not always the same location for long periods of time, the likelihood that any one sensitive receptor would be exposed to high concentrations of DPM for any extended period of time would be very low. Because health risks associated with exposure to DPM or any TAC are correlated with high concentrations over a long period of exposure (e.g., over a 70 -year lifetime), the temporary, intermittent construction -related DPM emissions would not be expected to cause any health risks to nearby sensitive receptors. Furthermore, as discussed above, substantial emissions of pollutants in excess of applicable thresholds of significance would not result from implementation of the project. Overall, the proposed project would not generate emissions of, or expose any nearby existing sensitive receptors to TACs. For the reasons discussed above, the proposed Project would not cause or be exposed to substantial pollutant concentrations, including localized CO or TACs. Therefore, impacts related to exposure of sensitive receptors to substantial pollutant concentrations would be less than significant. e) No Impact. Due to the subjective nature of odor impacts, the number of variables that can influence the potential for an odor impact, and the variety of odor sources, quantitative or formulaic methodologies to determine the presence of a significant odor impact do not exist. The intensity of an odor source's operations and its proximity to sensitive receptors influences the potential significance of odor emissions. Common types of facilities that have been known to produce odors in the San Joaquin Valley include, but are not limited to, wastewater treatment facilities, landfills, composting facilities, petroleum refineries, food processing facilities, feed lots, and/or dairies. The proposed Project does not involve any of the aforementioned facilities, and electricity generation via the use of photovoltaic systems would not generate chemical emissions that would negatively contribute to air quality or create objectionable odors. In addition, the proposed Project would not introduce any new sensitive receptors to the area that could be affected by any existing objectionable odor sources in the area. Therefore, operation of the proposed Project would not create objectionable odors affecting a substantial number of people. Diesel fumes from construction equipment are often found to be objectionable; however, as discussed in further detail above, construction is temporary and associated diesel emissions would be regulated. As such, substantial levels of DPM associated with the temporary, intermittent construction activities would not be expected at the nearest sensitive receptor. 25 City of Lodi Industrial Wastewater Pipeline Extension 2.0 PROJECT DESCRIPTION Thus, odors related to DPM from construction equipment would not be expected to be considerable or affect a substantial number of people. For the aforementioned reasons, construction and operation of the proposed project would not create objectionable odors, nor would the project site be affected by any existing sources of objectionable odors, and a less -than -significant impact related to objectionable odors would result. 26 City of Lodi Industrial Wastewater Pipeline Extension 2.0 PROJECT DESCRIPTION Less Than Potentially Significant Less - Issues Significant with Mitigation Than- No Significant Impact Impact Incorporate Impact d 4 GREENHOUSE GAS EMISSIONS. Would the Project: Generate greenhouse gas emissions, either ❑ ❑ ■ ❑ directly or indirectly, that may have a significant impact on the environment? Conflict with an applicable plan, policy or ❑ ❑ ■ ❑ regulation adopted for the purpose of reducing the emissions of greenhouse gases? California has adopted a wide variety of regulations aimed at reducing the State's greenhouse gas (GHG) emissions. AB 32, the California Global Warming Solutions Act of 2006, requires California to reduce statewide GHG emissions to 1990 levels by 2020. AB 32 directs ARB to develop and implement regulations that reduce statewide GHG emissions. The Climate Change Scoping Plan (Scoping Plan) was approved by ARB in December 2008 and outlines the State's plan to achieve the GHG reductions required in AB 32. The Scoping Plan contains the primary strategies California will implement to achieve a reduction of 169 MMT CO2e, or approximately 28% from the State's projected 2020 emission levels. In the Scoping Plan, ARB encourages local governments to adopt a reduction goal for municipal operations emissions and move toward establishing similar goals for community emissions that parallel the State commitment to reduce GHGs. The Scoping Plan recommends that local governments consider adopting a goal of 15% below current emissions levels to assist the State in implementing AB 32. a,b) Less Than Significant Impact. The construction and operation of the wastewater line will create short term air impacts from construction trips and equipment. Those short term air impacts will require mitigation required under the Air Quality section. Current Michael -David Winery production requires that approximately one million gallons of winery wastewater per year is conveyed via tanker trucks to City's White Slough Wastewater Treatment Plant. Since typical transport trucks can convey approximately 6,500 gallons per trip, installation of the proposed private and public facilities will eliminate the need for approximately 150 truck trips per year. This would reduce annual emissions for heavy truck trips. Ultimately, the reduction of truck trips to convey 10,000,000 gallons of wastewater could eliminate 1,500 annual truck trips in the future. The Project also has the potential to reduce groundwater pumping when recycled water becomes available. This Project is consistent with the goals and policies to reduce greenhouse gas emissions from heavy vehicle trips. 27 City of Lodi Industrial Wastewater Pipeline Extension 2.0 PROJECT DESCRIPTION Potentially Potentially Significant Less - Issues Significant with Mitigation Than- No Significant Impact Impact Incorporate Impact d 5 BIOLOGICAL RESOURCES Would the proposal: a. Have a substantial adverse effect, either directly ❑ ❑ ■ or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian ❑ ❑ ■ habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C. Have a substantial adverse effect on federally ❑ ❑ ■ protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any ❑ ❑ ■ native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? ❑■ LEI LEI ❑■ ❑■ ■ In an effort to protect sensitive and threatened species throughout San Joaquin County, the San Joaquin Council of Governments (SJCOG) prepared the San Joaquin County Multispecies Habitat Conservation and Open Space Plan (SJMSCP). The purpose of the SJMSCP is to provide a county -wide strategy for preserving open space, provide for the long-term management of plant, fish and wildlife species, especially those that are currently listed or may be listed in the future under the Federal Endangered Species Act (FESA) or the California Endangered Species Act (CESA), and to provide and maintain multiple -use open spaces that contribute to the quality of life of the residents of San Joaquin County. The proposed Project is consistent with the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP), as amended, as reflected in the conditions of project approval for this proposal. Pursuant to the Final EIR/EIS for the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP), dated November 15, 2s City of Lodi Industrial Wastewater Pipeline Extension 2.0 PROJECT DESCRIPTION 2000, and certified by the San Joaquin Council of Governments on December 7, 2000, implementation of the SJMSCP is expected to reduce impacts to biological resources resulting from the proposed Project to a level of less -than -significant. That document is hereby incorporated by reference and is available for review during regular business hours at the San Joaquin Council of Governments (555 E. Weber Avenue, Stockton, CA 95202) or online at: www.sjcog.org. a) Less than Significant Impact. The Project would not modify, either directly or indirectly, habitats of any species identified as a candidate sensitive, or special status. The proposed Project takes place within existing road rights-of-way and does not disturb any native or undisturbed areas. Implementation of the following mitigation measures would reduce the above -identified impacts to biological resources to a less -than -significant level. Biological Resources Mitigation Measure 1 The Project shall participate in the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan. The Project shall coordinate with San Joaquin Council of Governments (555 E. Weber Avenue, Stockton, CA 95202), prior to any construction activities. Inclusion within the plan is required prior to construction. Biological Resources Mitigation Measure 2 - Preconstruction Survey Requirement A qualified biologist shall conduct a preconstruction clearance survey for special -status species and migratory birds in all potential habitats throughout the project area; thus, any action that disrupts surface soils (e.g., clearing and grubbing, rough grading, excavation, compaction for temporary staging areas or permanent construction sites) shall be subject to a preconstruction survey. Surveys shall be undertaken not more than 30 days prior to ground disturbing activity to ensure avoidance during construction. All areas within 250 feet of the project area shall be surveyed where site access and visibility allows. If no special - status species or migratory birds are present, further mitigation is not necessary. If any special -status species and/or migratory birds are found nesting on-site, the biologist shall implement protective measures to ensure that animals are not adversely affected, and construction does not commence until the biologist has determined no harm would result to breeding animals as a result of construction. Written results of the preconstruction survey shall be submitted to the City of Lodi and San Joaquin County Council of Governments Habitat Conservation Program. b) Less Than Significant Impact. The Project will have no adverse impacts on sensitive or regulated habitat because the Project site is devoid of native riparian vegetation or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS. In addition, none of the irrigation channels identified bordering the Project site is vegetated with riparian shrubs or trees. c) Less Than Significant Impact. No waters or wetlands that fall under the jurisdiction of the U.S. Army Corps of Engineers (ACOE), California Regional Water Quality Control Board (RWQCB), and/or CDFW are found on the project site (Aspen Environmental, 2013). Indicators of hydrologic activity (topographical or geological), hydric soils, or hydrophytic vegetation were not observed on-site. Therefore, no impact would occur. d) Less Than Significant Impact. The Project site is surrounded by unobstructed movement habitat and is not located within a linkage area between important habitat areas or 29 City of Lodi Industrial Wastewater Pipeline Extension 2.0 PROJECT DESCRIPTION resources. Due to availability of movement routes throughout the Project vicinity, Project impacts to sensitive species movement routes would be less than significant under CEQA. The proposed Project will not interfere substantially with the movement of any other native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. e) Less Than Significant Impact. Construction and operation of the Project would not conflict with any local policies or ordinances protecting biological resources. The local authority for the Project area is detailed in the provisions of the San Joaquin County General Plan address the preservation of environmentally sensitive areas that have existing natural watercourses, drainage basins, sloughs, or other natural water features, including maintaining the quality of existing wetland areas. Other than conserving native oaks and native trees associated with rivers, creeks, and streams, no specific tree preservation ordinances exist for the project area. Activities associated with the operation and maintenance of the proposed Project would have no impact on sensitive biological resources protected by local ordinances. f) No Impact. A significant impact may occur if the proposed Project were inconsistent with mapping or policies in any conservation plans of the types cited. In an effort to protect sensitive and threatened species throughout San Joaquin County, SJCOG prepared the SJMSCP. The purpose of the SJMSCP is to provide for the long-term management of plant, fish and wildlife species, especially those that are currently listed or may be listed in the future under the FESA or CESA, and to provide and maintain multiple -use open space that contributes to the quality of life of residents of San Joaquin County. The City of Lodi has adopted the SJMSCP and participation by the Project in the plan is required by the City. Therefore, the proposed Project would comply with the SJMSCP, and no impact would occur. 30 City of Lodi Industrial Wastewater Pipeline Extension Less Than Potentially Significant Less - Issues Significant with Mitigation Than- No Significant Impact Impact Incorporate Impact d CULTURAL RESOURCES Would the Project. a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? C. Directly or indirectly destroy a unique paleontological resource or unique geologic feature? d. Disturb any human remains, including those interred outside of formal cemeteries. a) Less than Significant. A significant impact would occur if the Project caused a substantial adverse change to a historical resource through demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of the historical resource would be materially impaired. The Project will be constructed within existing road rights-of-way, no historical resources as defined in CEQA Guidelines section 15064.5 were identified in the Project area. Therefore, the Project would have less than significant impact on historical resources as defined by CEQA. b) Less than Significant. A significant impact would occur if the Project causes a substantial adverse change to an archaeological resource through demolition, construction, conversion, rehabilitation, relocation, or alteration. No archaeological resources were identified in project area. The absence of archaeological resources identified in the site survey does not, however, preclude the possibility of subsurface archaeological resources being present on the Project site. Any ground disturbing activities performed for the proposed Project could possibly disturb previously unidentified archaeological resources. Therefore, potential impacts to archaeological resources are considered potentially significant. Implementation of Mitigation Measure CR -1 would ensure that any previously unidentified archaeological resources encountered during ground disturbing activities for the proposed project would be managed in accordance with applicable regulations. Therefore, the impact on archaeological resources is considered less than significant with mitigation incorporated. Cultural Resources Mitigation Measure 1 If evidence of an archaeological site or other suspected historical resource as defined in CEQA Guidelines section 15064.5, including midden, that could conceal material remains (e.g., worked stone, fired clay vessels, faunal bone, hearths, storage pits, or burials) are discovered during Project -related earth -moving activities, all ground disturbing activity within 100 feet of the resources shall be halted and the City of Lodi shall be notified within 24 hours of the discovery. The Project applicant shall hire a qualified archaeologist to 31 City of Lodi Industrial Wastewater Pipeline Extension assess the significance of the find. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A -L) forms and filed with the Central California Information Center. If the resource is a historical resource or unique archaeological resource which cannot be avoided, a qualified archaeologist shall prepare a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the resource. c) Less than Significant. A significant impact may occur if grading or excavation activities associated with the proposed Project would disturb paleontological resources or geologic features that exist within the Project site. No paleontological resources or unique geologic features have been noted on the surface of the Project site. The likelihood of paleontological resources or unique geologic features being present subsurface within the boundaries of the proposed Project is unlikely given the rapid rate of deposition in the area. The possibility exists, however, that previously unidentified paleontological resources could be encountered during ground -disturbing activities associated with the proposed Project and therefore is considered a potentially significant impact if mitigation measures are not implemented. Implementation of Mitigation Measure CR -2 would ensure that any previously unidentified paleontological resources encountered during ground disturbing activities for the proposed project would be managed in accordance with applicable regulations. Therefore, the impact on paleontological resources is considered less than significant with mitigation incorporated. Cultural Resources Mitigation Measure 2 Should paleontological resources be identified on the Project site during any ground disturbing activities related to the Project, all ground disturbing activities within 100 feet of the discovery shall cease and the City of Lodi shall be notified within 24 hours of the discovery. The Project applicant shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less than- significant level. In considering any suggested mitigation proposed by the consulting paleontologist, the Project applicant shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, Project design, costs, specific plan policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out. d) Less than Significant. A significant impact may occur if grading or excavation activities associated with the proposed Project would disturb previously interred human remains. No human remains were encountered during project surveys. Disturbing human remains, either in a formal cemetery or disarticulated, would be considered a significant impact under CEQA Guidelines §10564.5. Implementation of Mitigation Measure CR -3 would ensure that that any human remains encountered during activities associated with the proposed Project would be managed in accordance with applicable regulations. Therefore, the impact on human remains is considered less than significant with mitigation incorporated. Cultural Resources Mitigation Measure 3 If human remains (including disarticulated or cremated remains) are discovered at any Project construction sites during any phase of construction, all ground -disturbing activity within 100 feet of the resources shall be halted and the City of Lodi and the San Joaquin County coroner shall be notified immediately. If the remains are determined by the County 32 City of Lodi Industrial Wastewater Pipeline Extension coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The Project applicant shall retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The Project applicant will be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of state law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The Project applicant shall implement approved mitigation before the resumption of ground -disturbing activities within 100 feet of where the remains were discovered. 33 City of Lodi Industrial Wastewater Pipeline Extension Issues Potentially Significant Impact Less Than Significant with Mitigation Incorporate d Less - Than- No Significant Impact Impact 7 GEOLOGY AND SOILS. Would the Project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as ❑ ❑ ■ ❑ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? ❑ ❑ ■ ❑ iii. Seismic -related ground failure, including ❑ ❑ ■ ❑ liquefaction? iv. Landslides? ❑ ❑ ❑ ■ b. Result in substantial soil erosion, or the loss of ❑ ❑ ■ ❑ topsoil? C. Be located on a geologic unit or soil that is ❑ ❑ ■ ❑ unstable, or that would become unstable as a result of the Project, and potentially result in on -or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soils, as defined in Table ❑ ❑ ■ ❑ 18-1-13 of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the ❑ ❑ ❑ ■ use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The Project construction will require 11,500 lineal feet of piping to be placed within existing pubic road rights-of-way. The Project design includes soils report and borings to determine appropriate pipe cross section, compaction and fill material required. Figure 3 shows a typical cross section for trenching and compaction. This will be completed per improvement plans and County of San Joaquin and City of Lodi design standards. a) Less than Significant Impact. i. There are no mapped surface or subsurface faults that traverse the project area and the Project area is not listed within a State designated Alquist-Priolo Earthquake Fault Zone. Construction will be required to meet the design standards set forth in the County of San Joaquin and City's Standards, including specific provisions for seismic design of structures. ii. The proposed Project will not create seismic ground shaking or expose people or structures to strong seismic ground shaking. The proposed Project will be designed to meet the County of San Joaquin and City of Lodi design standards for infrastructure 34 City of Lodi Industrial Wastewater Pipeline Extension line improvements. The Project design includes soils report and borings to determine appropriate pipe cross section, compaction and fill material required. iii. The Project area is not considered to be particularly susceptible to liquefaction. However, similar to Items (a) (i, ii), the project will be required to meet engineering and structural requirements. Such compliance would ensure safety to structures and people. iv). The Project area is located in an area of generally level terrain that would not produce a landslide. Average grade within the Project boundaries is between zero and five degrees. Further, according to the Official Maps of Seismic Hazard Zones provided by the State of California Department of Conservation, the Project area is not located within an earthquake -induced landslide zone, which is defined as an area where previous occurrence of landslide movement, or local topographic, geological, geotechnical and subsurface water conditions indicate a potential for permanent ground displacement. As a result, no impacts related to landslides would occur. b) Less than Significant Impact. The Project will not involve major movement of topsoil or directly result in substantial soil erosion. The Project will be subject to the County's Grading Ordinance, and the County of San Joaquin and City's Design Standards to reduce erosion impacts. As a normal and standard requirement, the Project would be required to prepare and have approved individual Stormwater Pollution Prevention Plans (SWPPPs) that mandate construction and post -construction water quality provisions, including but not limited to erosion control plans during construction, installation of biofilters and/or mechanical cleansing of stormwater run-off and similar elements. c) Less than Significant Impact. The Project design includes soils report and borings to determine appropriate pipe cross section, compaction and fill material required. The construction will be completed per improvement plans and County of San Joaquin and City of Lodi design standards. The Project will be subject to applicable engineering and County and City code requirements, which would ensure that they are developed in a way that minimizes the possible effects of expansive soil. d) No Impact. The Project does not involve septic systems or the use of alternative wastewater systems. The City of Lodi wastewater pipe extension allows for industrial wash down water to flow from the Michael/David Winery to the Lodi White Slough Wastewater facility. Michael/David Winery already trucks wash down water to the Lodi facility. This Project will ultimately eliminate future truck traffic between the Winery and City's White Slough facility 35 City of Lodi Industrial Wastewater Pipeline Extension Less Than Potentially Significant Less - Issues Significant with Than- No Impact Mitigation Significant Impact Incorporate Impact d 8 HAZARDS AND HAZARDOUS MATERIALS. Would the Project: a. Create a significant hazard to the public or the ❑ environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a Project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard for people residing or working in the Project area? f. For a Project within the vicinity of a private airstrip, would the Project result in a safety hazard for people residing or working in the Project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ❑ ❑ ■ ❑ ❑ The process / wash down water from the Michael/David Winery is not classified as hazardous and will ultimately be treated to Title 22 recycled water quality standards and applied to City owned agricultural fields at the White Slough Wastewater Treatment facility. Michael/David Winery currently trucks wash down water to the White Slough Wastewater Treatment facility. This Project will eliminate future truck trips and the end result of wash down water shipped to the White Slough facility does not change. a,b) No Impact. The City of Lodi wastewater pipeline extension would not result in the routine transport, use, or disposal of hazardous materials. The Project does not create the 36 City of Lodi Industrial Wastewater Pipeline Extension potential for accidental release of hazardous materials. No hazardous material are included as part of this project. c) No Impact. The proposed project does not involve direct handling or emission of hazardous materials. The project routing is not located within a quarter mile of an existing or proposed school. d) No Impact. The project takes place within existing public road rights-of-way. The project route is not included in any hazardous materials sites compiled pursuant to Government Code Section 65962.5 e,f) Less than Significant Impact The proposed project is located within 2 miles of the Kingdon Airpark and falls within the Area of Influence. The nearest runway is approximately 1.3 miles to the southeast of the Project. The proposed Project is expected to have a less than significant impact upon the airport because: • Glare, distracting lights and reflective materials are not are part of the Project or Project design. • Sources of dust, steam or smoke will not impair pilot visibility. • Sources of electrical interference with aircraft communication or navigation are not part of Project design features. No transmissions which would interfere with aircraft radio communications or navigational signals. • The Project will not attract birds that could lead to airstrikes and flight hazards. g) No Impact. The proposed Project will not impair implementation of or interfere with an adopted emergency response plan or emergency evacuation plan. The Project includes construction within an existing public road right-of-way. The Project does not permanently block any access roads and will not eliminate access for safety vehicles or personnel. h) No Impact. The Project area is surrounded by agricultural properties and is not characterized by areas of wildlands. The Project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires. No impact is expected. 37 City of Lodi Industrial Wastewater Pipeline Extension Issues Less Than Potentially Significant Less - Significant with Than- No Impact Mitigation Significant Impact Incorporate Impact d 9 HYDROLOGY AND WATER QUALITY ■ ❑ Would the Project: ❑ a. Violate any water quality standards or waste ❑ ❑ ■ ❑ discharge requirements? b. Substantially deplete groundwater supplies or ❑ ❑ ❑ ■ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would ❑ not support existing land uses or planned uses for ❑ ■ which permits have been granted)? C. Substantially alter the existing drainage pattern of ❑ ❑ ■ ❑ the site or area, including through the alteration of ❑ the course of a stream or river, in a manner which ❑ ■ would result in substantial erosion or siltation on - or off-site? d. Substantially alter the existing drainage pattern of ❑ ❑ ■ ❑ the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- ❑ site? ❑ ■ e. Create or contribute runoff water which would ❑ ❑ ■ ❑ exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? ❑ ❑ ■ ❑ g. Place housing within a 100 -year flood hazard ❑ ❑ ❑ ■ area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year floodplain structures ❑ ❑ ❑ ■ which would impede or redirect flood flows? i. Expose people or structures to a significant risk of ❑ ❑ ❑ ■ loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ ■ The proposed Project includes the trenching of 11,500 linear feet along existing public road rights-of-way. The construction will take place in the road shoulder and not in county road ditches or in waterways. Construction impacts will be temporary and best management practices will be in place. The Project will include the preparation of a Stormwater Pollution Prevention Plan (SWPPP) to reduce construction impacts to water ways and sources. a,f) Less Than Significant Impact. Any potential water quality impacts resulting from the Project would be associated with short-term (construction -related) erosion or 38 City of Lodi Industrial Wastewater Pipeline Extension sedimentation and limited use/discharge. The development of the Project is expected to require 11,500 linear feet of trenching and limited grading, with no impact to existing off- site drainage patterns and public right-of-way to topography of the site. The Project will not alter water paths or degrade water quality. Erosion and/or sedimentation will be avoided or reduced below a level of significance through conformance with applicable elements of the County of San Joaquin Stormwater General Construction Permit City of Lodi Municipal Stormwater General Construction Permit. A Stormwater Pollution Prevention Plan (SWPPP) will be prepared for the Project that will provide detailed descriptions of the various structural and nonstructural water quality management measures employed for on- and off-site improvement areas. Compliance with the applicable NPDES requirements will ensure that the entirety of the Project will avoid any potential violations of water quality standards or waste discharge requirements. The proposed Project does not include the construction of any waterwells or interfere with groundwater recharge. The proposed pipeline is within an existing public roadway right- of-way. Groundwater will not be affected by this Project. c -e) Less Than Significant Impact. The proposed Project calls for the construction of 11,500 linear feet of pipeline within an existing public road rights-of-way. The Project will not alter or change drainage ways, create additional runoff or exceed drainage facilities holding runoff. The Project is within previously disturbed areas and does not modify drainage facilities. g -i) Less Than Significant Impact. The proposed Project would not create or result in housing within a 100 -year flood hazard area or result in the placement of structures within a 100 -year flood hazard area, which would impede or redirect flood flows. The Project is not a residential project and does not change alter or encourage housing within a floodplain. j) No Impact. The Project will not be impacted by inundation by seiche, tsunami, or mudflow, because the project is not adjacent to any body of water that has the potential to experience a seiche or tsunami, nor is the Project site in the path of any potential mudflow. 39 City of Lodi Industrial Wastewater Pipeline Extension Issues 10 LAND USE AND PLANNING. Would the Project: Less Than Potentially Significant Less - Significant with Than - Impact Mitigation Significant Incorporate Impact d No Impact Physically divide an established community? ❑ ❑ ❑ ■ Conflict with any applicable land use plan, policy, ❑ ❑ ❑ ■ or regulation of an agency with jurisdiction over the Project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating on environmental effect? C. Conflict with any applicable habitat conservation ❑ ❑ ❑ ■ plan or natural community conservation plan? a,b) Less Than Significant Impact. The proposed Project will not physically divide an established community. The proposed wastewater line and recycled water line is within an existing public road rights-of-way. Existing access to existing, nearby residences would not be impeded by construction and operation of the wastewater line. The physical division of an established community typically refers to the construction of a physical feature (such as an interstate highway or railroad tracks) or removal of a means of access (such as a local road or bridge) that would impair mobility within an existing community, or between a community and outlying area. No physical restraints to access are a part of this Project. c) No Impact. A significant impact may occur if the proposed Project were inconsistent with mapping or policies in any conservation plans of the types cited. In an effort to protect sensitive and threatened species throughout San Joaquin County, SJCOG prepared the San Joaquin Multi Species Conservation Plan. The purpose of the SJMSCP is to provide for the long-term management of plant, fish and wildlife species, especially those that are currently listed or may be listed in the future under the Federal Endangered Species Act or California Endangered Species Act ESA, and to provide and maintain multiple -use open space that contributes to the quality of life of residents of San Joaquin County. The City of Lodi has adopted the SJMSCP and participation by the Project in the plan is required by the City. Therefore, the proposed Project would comply with the SJMSCP, and no impact would occur. 40 City of Lodi Industrial Wastewater Pipeline Extension Issues 11 MINERAL RESOURCES Would the Project: Less Than Potentially Significant Less - Significant with Than - Impact Mitigation Significant Incorporate Impact d No Impact Result in the loss of availability of a known mineral ❑ ❑ ❑ ■ resource that would be of value to the region and the residents of the State? Result in the loss of availability of a locally- ❑ ❑ ❑ ■ important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a,b) No Impact. The current and historic use of the proposed Project route has been a public roadway right-of-way. The project route is not located within an established Mineral Resources Zone, and economically viable mineral deposits are not known to be present within the public rights-of-way. As a result, the Project would have no impact with respect to resulting in the loss of availability of a known, or locally -important, mineral resource that would be of value to the region and the residents of the State. 41 City of Lodi Industrial Wastewater Pipeline Extension Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporate d Less -Than - Significant No Impact Impact 12 NOISE Would the Project result in: a. Exposure of persons to or generation of noise ❑ ❑ ■ ❑ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ❑ ❑ ■ ❑ groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient ❑ ❑ ■ ❑ noise levels in the Project vicinity above levels existing without the Project? d. A substantial temporary or periodic increase in ❑ ❑ ■ ❑ ambient noise levels in the Project vicinity above levels existing without the Project? e. For a Project located within an airport land use ❑ ❑ ❑ ■ plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels? f. For a Project within the vicinity of a private airstrip, ❑ ❑ ❑ ■ would the Project expose people residing or working in the Project area to excessive noise levels? a -d) Less Than Significant Impact. The proposed Project route is within a production agriculture area. Wineries, vineyards, and orchards are located along the proposed pipeline along with rural residences. Therefore, few sensitive receptors are located within the immediate vicinity of the Project site. The noise associated with the Project site will be from construction activities. Operational noise and operational maintenance will be non-existent from the underground pipe. Since the construction activities will follow the 11,500 linear feet of pipeline, noise associated with a specific location will be short term. Impacts are anticipated to be less than significant and will comply with the San Joaquin County noise ordinance. Construction hours will be limited to 6:00 am to 6:00 pm on weekdays. Construction of the proposed Project is estimated to require approximately 15 workers at its peak, including skilled local professionals and labor resources. During construction, single shifts, 5 days per week during construction are expected. During construction, the following vehicles will be used: • 1-2 Backhoes • 1-2 front loaders • 1-2 dump trucks • 1 street sweeper 42 City of Lodi Industrial Wastewater Pipeline Extension • 1 water truck 1-2 flatbed trucks for pipe delivery • 4 Passenger Trucks Typical construction activity will include the digging of a trench within the shoulder of the public road to a depth of four (4) feet, crushed rock will be placed in the bottom of the trench and compacted as necessary. The wastewater pipe and recycled water pipe will be placed in the trench and fill material placed back in the trench and compacted as necessary. Excess dirt will be placed within haul trucks and carried off as needed. Roadways will be swept clean and asphalt patched as needed. The relatively small size of the work crew and associated construction activities are not expected to generate noise that will violate the San Joaquin County noise standard for construction activities. e,f) Less than Significant Impact. The proposed Project is located within 2 miles of the Kingdon Airpark and falls within the Area of Influence. The nearest runway is approximately 1.3 miles to the southeast of the Project. The proposed Project is expected to have a less than significant impact upon the airport because no new residential population is being generated. No new residences or existing residences will be impacts by noise generated from the airport or overflights. 43 City of Lodi Industrial Wastewater Pipeline Extension Issues Potentially Significant Impact Less Than Significant with Mitigation Incorporate d Less - Than- Significant Impact No Impact 13 POPULATION AND HOUSING Would the Project: a. Induce substantial population growth in an area, ❑ ❑ ❑ • either directly (for example, by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, ❑ ❑ ❑ ■ necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, ❑ ❑ ❑ ■ necessitating the construction of replacement housing elsewhere? The proposed Project is for the construction of a 11,500 lineal foot pipeline for washdown water from the Michael/David Winery to the City of Lodi Industrial Wastewater force main and a recycled water pipe. The Michael/David Winery has been approved by San Joaquin County for the exiting operation and any future growth of the Winery facilities as outlined in Appendix A. The proposed Project is limited to the wastewater pipeline facility potential recycled water pipe and will not cause any population growth. a -c) No Impact. The Project area is within an agricultural / rural part of the County. The Project would not include the creation of new housing, nor displace any existing housing or people. It is anticipated that any workers needed for project construction and operation would come from the regional employment base; therefore, the Project would not result in local area population growth or lead to the creation of, or necessity for new housing. Similarly, the Project would not indirectly induce substantial population growth through the extension of major infrastructure. Consequently, no impacts related to population and housing would occur. 44 City of Lodi Industrial Wastewater Pipeline Extension Less Than Potentially Significant Less - Issues Significant with Mitigation Than- No Significant Impact Impact Incorporate Impact d 14 PUBLIC SERVICES Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a. Fire protection? b. Police protection? G. Schools? d. Parks? e. Other public facilities? a -e) No Impact. Construction and long-term operation of the proposed wastewater pipeline facilities would not place any demand on fire protection, police protection, schools, parks, or other public facilities because the project would not involve the construction of facilities that require such services (e.g., residences). Other public facilities include public libraries, public hospitals and medical centers, and community centers. A considerable workforce is available within the project region and residents within the region are expected to serve the labor requirements of the proposed Project, negating the need for a significant percentage of outside labor. As a result, the proposed Project is not anticipated to induce substantial population growth in the area either directly or indirectly, and the existing number of other public facilities would continue to adequately serve the regional population. Based on these factors, the proposed project will not result in any long-term impacts to schools, parks, and other public facilities. Impacts to the City of Lodi White Slough Wastewater treatment facility are described in Section 17 under Utilities and Service Systems. 45 City of Lodi Industrial Wastewater Pipeline Extension a,b) No Impact. A considerable workforce is available within the Project region and residents within the region are expected to serve the labor requirements of the proposed Project, negating the need for a significant percentage of outside labor. As a result, the proposed project is not anticipated to induce substantial population growth in the area either directly or indirectly, and the existing number of recreational facilities would continue to adequately serve the regional population. Therefore, the project would have no impact with regard to causing substantial physical deterioration of recreational facilities. In addition, because the project would not result in a substantial increase in population during or after construction, the project would not increase the demand for parks. 46 City of Lodi Industrial Wastewater Pipeline Extension Less Than Potentially Significant Less - Issues Significant with Mitigation Than- No Significant Impact Impact Incorporate Impact d 15 RECREATION a. Would the Project increase the use of existing ❑ ❑ ❑ ■ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the Project include recreational facilities or ❑ ❑ ❑ ■ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a,b) No Impact. A considerable workforce is available within the Project region and residents within the region are expected to serve the labor requirements of the proposed Project, negating the need for a significant percentage of outside labor. As a result, the proposed project is not anticipated to induce substantial population growth in the area either directly or indirectly, and the existing number of recreational facilities would continue to adequately serve the regional population. Therefore, the project would have no impact with regard to causing substantial physical deterioration of recreational facilities. In addition, because the project would not result in a substantial increase in population during or after construction, the project would not increase the demand for parks. 46 City of Lodi Industrial Wastewater Pipeline Extension Issues Potentially Significant Impact Less Than Significant with Mitigation Incorporate d Less - Than- Significant Impact No Impact 16 TRANSPORTATION/TRAFFIC Would the Project: a. Cause an increase in traffic which is substantial in ❑ ❑ ■ ❑ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level ❑ ❑ ■ ❑ of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including ❑ ❑ ■ ❑ either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design ❑ ❑ ■ ❑ feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? ❑ ❑ ❑ ■ f. Result in inadequate parking capacity? ❑ ❑ ❑ ■ g. Conflict with adopted policies, plans, or programs ❑ ❑ ❑ ■ supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Project construction is anticipated to take approximately 90 to 120 days to complete and is expected to begin in early 2015. Construction of the proposed Project is estimated to require approximately 15 workers at its peak, including skilled local professionals and labor resources. During construction, single shifts, 5 days per week are anticipated. During construction, the following vehicles will be used: • 1-2 Backhoes • 1-2 front loaders • 1-2 dump trucks • 1 street sweeper • 1 water truck • 1-2 flatbed trucks for pipe delivery • 4 Passenger Trucks Typical construction activity will include the digging of a trench within the shoulder of the existing public road to a depth of four feet, crushed rock will be placed in the bottom of the trench and compacted as necessary. The wastewater pipe and recycled water pipe will be placed in the trench and fill material placed back in the trench and compacted as necessary. 47 City of Lodi Industrial Wastewater Pipeline Extension Excess dirt will be placed within haul trucks and carried off as needed. Roadways will be swept clean and asphalt patched as needed. Flagging crews will provide access and traffic controls. A traffic lane will be open a majority of the time. a,b) Less than Significant Impact Traffic generated by this Project will be short term construction related impacts. The linear construction Project is not expected to generate excessing traffic. The Project anticipated approximately 15 contractor staff with 14 vehicles. The Project will not increase traffic substantially in relation to the existing traffic load and capacity of the street system. The Project will not exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads c) Less than Significant Impact The proposed Project is located within 2 miles of the Kingdon Airpark and falls within the Area of Influence. The nearest runway is approximately 1.3 miles to the southeast of the Project. The proposed Project is expected to have a less than significant impact upon the airport because: • Glare, distracting lights and reflective materials are not are part of the Project or Project design. • Sources of dust, steam or smoke will not impair pilot visibility. • Sources of electrical interference with aircraft communication or navigation are not part of Project design features. No transmissions which would interfere with aircraft radio communications or navigational signals. • The Project will not attract birds that could lead to airstrikes and flight hazards. The proposed Project will not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. d) Less Than Significant Impact. The Project does not include design features that would increase hazards or incompatible uses, because the Project would not include the construction of any new streets or roads. The Project will take place within existing public road rights-of-way. The County of San Joaquin Public Works department will issue an encroachment permit and conditions for that permit will specify safety measures for construction activities. Construction impacts will be short term. Therefore, the proposed Project would not increase hazards due to a design feature, such as a sharp curve or dangerous intersection, incompatible uses, such as farming equipment, or inadequate emergency access. e) No Impact. The proposed Project will not result in inadequate emergency access to the project area. During on-site construction, vehicles will not block emergency access routes. In addition, the proposed project will provide adequate emergency access for both fire and medical emergency vehicles through construction of one 30 -foot wide access drive into the site, and a network of internal access roads through and around the project facilities. Therefore, the project would have a less -than -significant impact to emergency access. f) No Impact. The proposed Project will not generate the need for new parking capacity. The Project will take place within existing public road rights-of-way. The County of San Joaquin Public Works department will issue an encroachment permit and conditions for that permit will specify temporary parking for construction activities. Construction parking impacts will be short term. 48 City of Lodi Industrial Wastewater Pipeline Extension g) No Impact. The Project would require no use of alternative transportation, during both construction and operation. The Project would not conflict with any applicable land use plan, policy, or regulation supporting alternative transportation of an agency with jurisdiction over the project. No impacts would result during the construction phase, operations phase, and decommissioning phase. 49 City of Lodi Industrial Wastewater Pipeline Extension Issues Potentially Significant Impact Less Than Significant with Mitigation Incorporate d Less - Than- No Significant Impact Impact 17 UTILITIES AND SERVICE SYSTEMS Would the Project. a. Exceed wastewater treatment requirements of the ❑ ❑ ■ ❑ applicable Regional Water Quality Control Board? b. Require or result in the construction of new water ❑ ❑ ■ ❑ or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm ❑ ❑ ❑ ■ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve ❑ ❑ ❑ ■ the Project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater ❑ ❑ ■ ❑ treatment provider which serves or may serve the Project that it has adequate capacity to serve the Project's Projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted ❑ ❑ ■ ❑ capacity to accommodate the Project's solid waste disposal needs? g. Comply with federal, state, and local statutes, and ❑ ❑ ■ ❑ regulations related to solid waste? The City of Lodi wastewater treatment facility at White Slough, handles the City's effluent. The original treatment facility was built in 1966 with a rated capacity of 3.5 million gallons per day. The White Slough facility includes primary and secondary treatment and chlorine disinfection. Effluent is applied to City owned agricultural land during summer months and discharged during winter months. The White Slough facility has undergone two major expansions since it was built. In 1976 the Facility underwent an expansion to handle 5.8 million gallons of wastewater discharge per day and in 1990 the plant was expanded to handle 8.5 million gallons per day. In addition to the domestic wastewater treatment, the Facility also treats industrial wastewater. This treatment includes pond stabilization and mixing with treated secondary effluent followed by irrigation on City owned agricultural fields during summer months. Biosolids treatment included primary digestion, secondary digestion and two sludge stabilizing lagoons. Digested biosolids have been combined with industrial and treated domestic effluent (treated to Title 22 recycled water quality) and applied to City owned agricultural fields. The City of Lodi currently spreads 158 million gallons of industrial waste / washdown water per year (effluent treated to Title 22 recycled water quality) on approximately 800 acres of City owned agricultural land each year. In past years the industrial waste water was not enough for irrigation needs and the City needed to pump groundwater from wells. The industrial washdown water from the Winery constitutes approximately 2 percent of the total industrial 50 City of Lodi Industrial Wastewater Pipeline Extension wastewater treated by City. The proposal for up to 10 million annual gallons would be approximately 7 percent of the total. The City of Lodi does not need to modify any processes at the White Slough facility and the added wastewater from the Winery has the potential to eliminate future irrigation shortcomings. The Winery currently trucks approximately 1.5 million gallons of washdown water to the White Slough Treatment facility. This Project will eliminate long-term truck trips. The City of Lodi is requesting that a recycled water pipeline be included with this project. The recycled water pipeline will be within the same trench facility and will offer the opportunity for the Michael David Winery to receive recycled water from the White Slough Wastewater Treatment facility, reducing potential groundwater pumping in the future. The City of Lodi wastewater facility generates recycled water that is used on agricultural fields and for the Lodi Energy Center. In the future, if a recycled water pipeline is constructed from the wastewater treatment facility, the City of Lodi may be able to provide this service. a,b,e) Less Than Significant Impact. The Michael/David Winery currently trucks industrial / agricultural washdown water to the White Slough treatment facility. There would be no increase in demand for wastewater treatment by this Project, that would exceed treatment requirements. The Project does not result in the need or expansion of new treatment facilities at White Slough. As indicated above the City could use more industrial wastewater to eliminate the current need for agricultural groundwater pumping. The City owns and operates the treatment facilities at the White Slough Water Pollution Control Facility. The City has adopted and maintains a Wastewater Master Plan to estimate future infrastructure and service demands within Lodi., and sufficient plant capacity would continue to be available and impacts relating to wastewater service would be less than significant. c) No Impact. The proposed Project does not include the construction of new storm water drainage facilities or expansion of existing facilities. The proposed Project takes place within existing public road rights-of-way. Most of these rural roadways have existing stormwater valley ditches. The Project does not propose to modify, block or construct new drainage facilities. d) No Impact. Development of the Project will not require a new water supply or need the expansion of water sources. Water will be used to control dust from the short term construction activities. Water usage will not be required for operations. No impact is anticipated. f,g) Less Than Significant Impact. Construction and long-term operation of the proposed wastewater pipeline facilities would not require the development of a new landfill facility. Waste from construction of the Project would be disposed of at the North County Recycling Center & Sanitary Landfill located on Harney Lane. Solid waste would be generated by the wastewater pipeline project primarily during construction and would consist of unused materials and by-products of construction activities. The Project would not have adverse impacts on the landfill because the Project would generate only a relatively small amount of construction waste that would easily be 51 City of Lodi Industrial Wastewater Pipeline Extension accommodated by the existing landfill. In addition, construction waste would be sorted prior to being disposed of at the landfill, and any recyclable materials would be taken out prior to the disposal of the remainder of the waste. Project waste disposal would have a minimal impact on the capacity of the North County Recycling Center & Sanitary Landfill and would not require the development of new or expanded landfills, and a less -than - significant impact would result under this criterion. 52 City of Lodi Industrial Wastewater Pipeline Extension b. Does the Project have impacts that are individually ❑ ❑ ■ ❑ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a Project are considerable when viewed in connection with the effects of past Projects, the effects of other current Projects, and the effects of probable future Projects)? C. Does the Project have environmental effects which ❑ ❑ ■ ❑ will cause substantial adverse effects on human beings, either directly or indirectly? a) Less than Significant Impact. As discussed in Section 4, Biological Resources and Section 5, Cultural Resources, the Project does not have the potential to substantially reduce habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. The purpose of the Project is to eliminate future heavy haul truck trips from the Michael/David Winery to the City of Lodi White Slough Wastewater facility and ultimately is reducing GHG emissions in San Joaquin County with the intention of reducing environmental impacts associated with global climate change. The Project does not contain any design feature that would directly reduce habitat, reduce wildlife populations, threaten animal or plant community restrict the range of species, or eliminate examples of history or prehistory. b) Less than Significant Impact. Cumulative impacts are defined as two or more individual effects that, when considered together, are considerable or that compound or increase other environmental impacts. The cumulative impact from several projects is the change in the environment that results from the incremental impact of the development when added to the impacts of other closely related past, present, and reasonably foreseeable or probable future developments. Cumulative impacts can result from individually minor, but collectively significant, developments taking place over a period. The Project would not result in any adverse environmental impacts that are cumulatively considerable. The Project ultimately reduces future heavy haul truck trips from the 53 City of Lodi Industrial Wastewater Pipeline Extension Less Than Potentially Significant Less - Issues Significant with Mitigation Than- No Significant Impact Impact Incorporate Impact d 18 MANDATORY FINDINGS OF SIGNIFICANCE a. Does the Project have the potential to degrade the ❑ ❑ ■ ❑ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the Project have impacts that are individually ❑ ❑ ■ ❑ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a Project are considerable when viewed in connection with the effects of past Projects, the effects of other current Projects, and the effects of probable future Projects)? C. Does the Project have environmental effects which ❑ ❑ ■ ❑ will cause substantial adverse effects on human beings, either directly or indirectly? a) Less than Significant Impact. As discussed in Section 4, Biological Resources and Section 5, Cultural Resources, the Project does not have the potential to substantially reduce habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. The purpose of the Project is to eliminate future heavy haul truck trips from the Michael/David Winery to the City of Lodi White Slough Wastewater facility and ultimately is reducing GHG emissions in San Joaquin County with the intention of reducing environmental impacts associated with global climate change. The Project does not contain any design feature that would directly reduce habitat, reduce wildlife populations, threaten animal or plant community restrict the range of species, or eliminate examples of history or prehistory. b) Less than Significant Impact. Cumulative impacts are defined as two or more individual effects that, when considered together, are considerable or that compound or increase other environmental impacts. The cumulative impact from several projects is the change in the environment that results from the incremental impact of the development when added to the impacts of other closely related past, present, and reasonably foreseeable or probable future developments. Cumulative impacts can result from individually minor, but collectively significant, developments taking place over a period. The Project would not result in any adverse environmental impacts that are cumulatively considerable. The Project ultimately reduces future heavy haul truck trips from the 53 City of Lodi Industrial Wastewater Pipeline Extension Michael/David Winery to the City of Lodi White Slough Wastewater facility. The Project would contribute to a cumulative reduction in GHG emissions and to reduce impacts associated with global climate change, which would have beneficial cumulative environmental effects. The short term construction impacts will be mitigated to less than significant and the future operations and reduction of heavy haul truck trips will be an environmental benefit. c) Less than Significant Impact. As discussed in Section 3, Air Quality; Section 6, Geology and Soils; Section 7, Hazards and Hazardous Materials; Section 8, Hydrology and Water Quality; Section 11, Noise; and Section 15, Transportation and Traffic, the proposed project would not create environmental effects that would adversely affect human beings. The Project consists of the development of a wastewater pipeline within pre -disturbed public road rights-of-way that will require minimal disturbance to the physical environment. Upon implementation of the Project, minimal vehicle trips would be generated on an ongoing basis. The only vehicle trips necessary throughout the long-term operation of the proposed Project would be associated with maintenance activities. Thus, the project would not be expected to result in any new environmental effects, such as significant increases in GHG emissions, risks related to geological hazards, exposure to hazards or hazardous materials, or exposure to excessive noise levels, that would cause adverse effects on human beings. Because adverse effects on human beings, either directly or indirectly, would not occur as a result of implementation of the proposed project, less -than -significant impacts would result. 54 City of Lodi Industrial Wastewater Pipeline Extension Documents Referenced • Alquist-Priolo Earthquake Fault Zoning Act (http: www.consrv.ca.qov/dmg/shezp/maps/mora4.htm). • California Environmental Quality Act Guidelines, as amended. • California Air Resources Board (CARB), Air Quality and Land Use Handbook: A Community Health Perspective, 2005. • California Air Resources Board (CARB), Ambient Air Quality Standards, last updated February, 2007. • California Air Resources Board, California 1990 Greenhouse Gas Emissions Level and 2020 Emissions Limit, 2007. • California Department of Conservation (CDC), Division of Mines, California Geological Survey - SMARA Mineral Land Classification Map 2006. • California Department of Conservation, Division of Land Resource Protection. San Joaquin County Important Farmland 2006. June 2008. • . Farmland Mapping and Monitoring Program (2004-2006). • California Geological Survey (CGS), Probabilistic Seismic Hazards Mapping Ground Motion Page, http://redirect.conservation.ca.gov/cgs/rghm/psha/pshamap.asp, accessed February 25, 2010. • California, State of, Department of Transportation. San Joaquin County Officially Designated State Scenic Highways and Historic Parkways 2009. Available online at http://www.dot.ca.gov/hq/LandArch/scenic highways/index.htm • California, State of, Department of Transportation. Scenic Highway Guidelines. Also available online at http://www.dot.ca.gov/hq/LandArch/scenic/guidelines/scenic_hwy_guidelines.pdf • California, State of, Water Resources Control Board. GeoTracker. 2008. Available online at http://www.geotracker.swrcb.ca.gov • Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) database, http://www.epa.gov/superfund/sites/cursites/, accessed online September 18, 2012. • Cortese list of Hazardous Waste and Substances Sites, http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm, accessed online July 2009. • San Joaquin Valley Air Pollution Control District (SJVAPCD), Guide for Assessing and Mitigating Air Quality Impacts, Technical Document: Information for Preparing Air Quality Sections in EIRs, Adopted August 20, 1998; January 10, 2002 revision. • San Joaquin Valley Air Pollution Control District (SJVAPCD), District Air Quality Plans and Related Reports, Particulate Matter, and Ozone, 2003. • San Joaquin Valley Air Pollution Control District (SJVAPCD), Ambient Air Quality Standards and Valley Attainment Status, 2005. • San Joaquin County, Draft Airport Land Use Compatibility Plan, 2008. • San Joaquin County, General Plan 55 City of Lodi Industrial Wastewater Pipeline Extension • San Joaquin County, Municipal / Development Code • San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). • State of California, Department of Conservation, Division of Land Resource Protection. Farmland Mapping and Monitoring Program. Accessed at www.consrv.ca.qov/dlrp • United States, Department of the Interior, Fish & Wildlife Service. National Wetlands Inventory. Wetlands Mapper, Accessed March 28, 2011. Available online at http://www.fws.gov/wetlands/data/Mapper.html • United States, Department of the Interior, Fish & Wildlife Service. The National Map (created and maintained by U.S. Department of the Interior, Geological Survey). • United States, Environmental Protection Agency, EnviroMapper for Superfund. Available online at http://www.epa.gov/enviro/sf/. • U.S. Department of Transportation, Federal Highway Administration. The National Scenic Byways Program. (http://www.seenic.org/byways). • Western Regional Climate Center, 2005. Website: http://www.wrcc.dri.edu/cgi- bin/cliMAIN.pl?calodi+nca 56 City of Lodi Industrial Wastewater Pipeline Extension Appendix A Michael/David Winery Approval With Mitigated Negative Declaration 57 City of Lodi Industrial Wastewater Pipeline Extension SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1810 E Kk?X-LTC)N AVE, STQCKMN. CA 95205-£L232 PhMe: M14$83121 FAk 209140-3163 January 23, 2014 13C, I-�- David and Corene Phillips TR 4580 W. Highway 12 Lodi, CA 95242 Dear Mr. and Mrs. Phillips: Re: Use Permit Application No. PA -1300118 of David and Corene Phillips TR (c/o, Mike Smith Engineering, Inc.) (APN: 055-160-50, -51, -29, and -41) ACTION: On December 19, 2013, the San Joaquin County Planning Commission approved Use Permit Application No. PA -1300118 subject to the enclosed Conditions of Approval. EXPIRATION- This action requires you to comply with all Conditions of Approval by June 30, 2015. it you have not complied with the Conditions of Approval by that date, this approval will expire, and the project cannot proceed. NEXT STEP: Before your use can be established, you must comply with all Conditions of Approval, including the securing of building permits and any other permits specified in the Conditions of Approval. Please contact me if you have questions regarding the Community Development Department Conditions (Phone: (209) 468-5477). Questions regarding the building permit process should be directed to the counter staff (Phone: (209) 468-2098). Sincerely, C��4 � &—,/– Mo Hatef Senior Planner MH:ss Enclosure: Conditions, Map CC: Mike Smith Engineering, Inc. Department of Public Works Building Inspection Division Kimberly Sheffield E=nvironmental Health Department County Assessor CONDITIONS OF APPROVAL PA -1300118 Davin and Corene Phillips TR (c/o Mike Smith Engineering, Inc.) Use Permit Application No. PA -1300148 was approved by the San Joaquin County Planning Commission on December 19, 2093. The effective date of approval is December 29, 2013. This approval will expire on June 30, 2015, which is 18 months from the effective date of approval, unless (1) all Conditions of Approval have been complied with, (2) all necessary building permits have been secured and remain in force, and (3) all necessary permits from other agencies have been secured and remain in force. Unless otherwise specified, all Conditions of Approval and Ordinance requirements shall be fulfilled prior to the establishment of the use and the issuance of any building permits. Those Conditions followed by a Section Number have been identified as Ordinance requirements pertinent to this application. Ordinance requirements cannot be modified, and other Ordinance requirements may apply. 1. COMMUNITY F-VEt_OPMENT DE ARTMENT (Staff Contact: Mo Hatef, 2043-458-8477) a. BUILDING PERMIT: Submit an "APPLICATION -COMMERCIAL BUILDING PERMIT`. The Site Plan required as a part of the building permit must be prepared by a registered civil engineer or licensed architect. This Plan must show drainage, driveway access details including gates, on-site parking, landscaping, signs, existing and proposed utility services, and grading (refer to the "SITE PIAN CHECK LIST` for details). A fee is required for the Site Plan review. (Development Title Section 9-884) b. APPROVER USE. This approval is for the expansion of a large winery to be built in four phases over a fifteen year period as shown on the Revised Site Plan dated December 5, 2013 (Use Type: Wineries and Wine Cellars -Winery, Large). Twenty-five marketing events per year are also approved with a maximum attendance of 150 people as shown on the proposed marketing plan dated July 15, 2093. Phase One, building permits to be issued within 18 months from the effective date of approval, includes the construction of a 7,000 square foot office building and the conversion of an existing 10,000 square foot agricultural building into a winery production building. Phase Two, building permits to be issued within five years frorn the effective date of approval, includes the construction of a 24,000 square foot barrel warehouse building, a 600 square foot crush pad, wine tank farm expansion, and a 900 square foot restroom building. Phase Three, building permits to be issued within ten years from the effective date of approval, Includes the construction of a 24,000 square foot barrel warehouse building, a 24,000 square foot case goods storage building and wine tank farm expansion. Phase Four, building permits to be issued within fifteen years from the effective date of approval, Includes the construction of a 24,000 square foot barrel warehouse building. Conditions of Approval - 1 - G_ MARKETING EVENTS: Marketing Events are subjected to the following regulations: 1) A maximum of twenty-five (25) marketing events are permitted annually as a part of the proposed marketing plan dated July 15, 2013. 2) Each event shall have a maximum attendance of 150 people. 3) Marketing Events shall end by 10:00 p -m, (Development Tifle Section 9-1075.3[mj[2])_ 4) Arnplified music shall be permitted as part of this approval. d. PRODUCTION CAPACITY: A large winery shall have a minimum production rapacity of 100,000 gallons of wine per year. (Development Title Section 9-1075.3[a]). e. CAPITAL FACILITY FEE: This project may be subject to the Capital Facility Fee. If the Capital Facility Fee is applicable, the County shall collect the fees before; the issuance of any building permits. (Development Title Section 9-1245.2) f. PARKING: Off-street parking shall be provided and comply with the following: 1) All winery driveways and maneuvering areas shall be surfaced and permanently maintained with base material of appropriate depth and asphalt concrete to provide a durable, dust free surface. Bumper guards shall be provided when necessary to protect adjacent structures or properties (Development Title Section 9-1015.5[e]). 2) A minimum of 50 parking spaces shall be provided, including two accessible spaces, one of which shall be van accessible space, for Phase One. A minimum of 19 parking spaces shall be provided, including one accessible space, for Phase Two. Forty-one parking spaces currently exist at the site. At full buildout, 110 parking spaces shall be provided. Accessible spaces shall be located as close as possible to the primary entrance (C.C.R., Title 24).(2.5 parking spaces are required for every 1,000 square feet of building area.)(Development Title Section 9-1015.3) 3) A total of 50 additional parking spaces (1 space is required for every 3 attendees) shall be provided for marketing events for Phase One. Marketing event parking may be an alternative surfacing material, but at a minimum shall be located on a maintained grass area to ensure a dust -free surface. g. ACCESS AND CIRCULATION: The following requirements apply and shall be shown on the Site Plan: 1) Access driveways shall have a width of no less than twenty-five (25) feet for two-way aisles and sixteen (16) feet for one-way aisles, except that in no case shall driveways designated as fire department access be less than twenty (20) feet wide. (Development Title Section 9-1015.5[h][1]) h. LIGHTING: Lighting shall be provided and comply with the following: 1) If the parking area is to be used at night, parking lot and security lighting shall be installed. (Development Title Section 9-1015.5[g]) 2) Any lighting shall be designed to confine direct rays to the premises_ No spillover beyond the property lines shall be permitted except onto public thoroughfares, provided, however, that such light shall not muse a hazard to motorists. (Development Title Section 9-1015.5[g][4]) Conditions of Approval -2- i. LANDSCAPING. Landscaping shall be provided and comply with the following: 1) A!I project areas not used for buildings, parking, driveways, walkways, or other permanent facilities shall be landscaped. (Development Title Section 9-1020.7) The existing landscaping meets this requirement. j. SCREENING: Screening shall be provided and comply with the following: 1) All project storage materials and related activities, including storage areas for trash, shall be screened so as not to be visible from adjacent properties and public right-of-ways, Screening shall be six (6) to seven (7) feet in height. Outside storage is not permitted in front yards, street side yards, or in front of main buildings. (Development Title Section 1022.4[d][2)) k. SIGNS: Sign details shall be consistent with Chapter 9-1710 of the Development Title and be included on the Site Plan, All portions of any sign shall be set back a minimum of five (5) feet from any future right -of --way line, including any comer cut -Off (snipe). (Development Title Section 9--17%2[g]) 1. NOISE: Implementation of the following recommendations shall be provided and comply with the following pursuant to the noise study prepared by J.C. Brennan and Associates dated October 18, 2013: 1) Periodic noise measurements shall be conducted during marketing events at the Outdoor Event Area at Control Site Z (50 feet from the speakers). Maximum noise levels due to live events should be monitored, and should be limited to no more than 86 dBA Lmax. 2) If amplified music occurs in the current carport on the project site, it should be enclosed on the south and west sides, with speakers located inside of the carport by a minimum of 10 feet. Maximum noise levels should be limited to 75 dB Lmax at a distance of 50 feet from the speakers. 3) The winery staff shall be trained on how to use the sound level meter, use the proper settings on the meter and calibrate the rneter prior to events. The sound level meter shall comply with an ANSI Type 1 or Type 2 certification. 4) Speakers at the outdoor Event Area shall be mounted no higher than three to five feet above the ground. 5) Events shall terminate prior to 10:00 p.m. Stationary noise sources shall be consistent with Chapter 9-1025.9 of the Development Title. The maximum sound level is 50 dB Hourly Equivalent Sound Level daytime, 45 dB Hourly Equivalent Sound Level nighttime, 70 dB maximum sound daytime, 65 dB maximum sound nighttime_ This applies to outdoor activity area of receiving use, or applies at lot line if no activity area is known. (Development Title Table 9-1025.9 Part 11) M. BUILDING CODE REQUIREMENT'S. The following California Building Code (CBC) and San Joaquin County Ordinance requirements will be applicable to the proposed project. The following conditions shall be addressed prior to submittal of a building permit application to the Building Inspection Division: 1) Based on our records the existing a9dcultural building proposed for use as a portion of the winery operation will be a change in occupancy, The building was previously constructed Conditions of Approval - 3 - and permitted as a agricultural storage building and not to be used for the processing of agricultural products. A change in occupancy will .require a code analysis report and necessary plans prepared by an architect or engineer in accordance with Section 3408 of the CBC. The report and plans shall identify existing conditions, propose alterations necessary to bring the building in compliance with the current code and include the following: (a) Description of Use (b) Occupancy Groups (c) Type of Construction (d) Sprinklers (Yes or No) (e) Stories (fj Building Height (g) Allowable f=loor Area (h) Proposed Floor Area (i) CBC Occupant Load 2) A building permit application including plans will be required. The pians must be prepared by a registered engineer or licensed architect, shall be submitted for review and approval and show the following: (a) A path of travel in compliance with Chapter 11 B of the CBC into and through all spaces in the building. (b) Restrooms conforming to the disabled access requirements in Chapter 118 of the CSC and California Plumbing Code, Table 4-1. (c) Parking for the physically disabled located as close as possible to the primary entrance in compliance with Chapter 11 B of the CBC. (d) Any electrical, plumbing or mechanical work necessary to install the proposed equipment necessary for the shop processes. 2. DEPARTMENT OF PUE3LIG WORKS (Staff Contact: Alex Chetley, 209-468-3023) a. An encroachment permit shall be required for all work within road right-of-way. (Note: Driveway encroachment permits are for flatwork only --- all vertical features, including but not limited to fences, walls, private light standards, rocks, landscaping and cobbles are not allowed in the right- of-way.) (Development Title Sections 9-1145.4 and 9-1145.5) b. The driveway approach on Ray Road shall be improved in accordance with the requirements of San Joaquin County Improvement Standards Drawing No. R-17 prior to issuance of the occupancy permit. (Development Title Section 9-1145.5) c. The access gate for the driveway on Ray Road shall remain open during all hours of operation. d. All vehicular parking related to applicant's winery shall be onsite at all times. Parking in the County and State rights-of-way for all winery related events shall be prohibited. It is the responsibility of applicant to monitor Ray Road and State Route 12 to ensure compliance with this requirement. e. If any marketing events are held for more than 150 people, the Department of Public Works reserves the right to require a traffic study to determine the impacts and mitigation of the proposed project_ The applicant shall deposit funds with the County for all costs, as estimated by the Department of Public Works Transportation Engineering Division prior to the Department preparing or contracting for the required study. (Development Title Section 9-1150.4) f. The property owner shall execute an Irrevocable Offer and Agreement to Dedicate Road to result in a twenty-five (25) foot wide right-of-way from the centerline of Ray Road to the property line Conditions of Approval - 4 across the frontage of APN's '055-160-29, 41 & 50. (A fee based on the current fee schedule is required for processing per Development Title Table 9-240.2 in addition to a copy of the Grant Deed of the subject property.) (Development Title Section 9-1150.5) g. The property owner shall execute an Irrevocable Offer and Agreement to Dedicate Road to result in a sixty foot (60') wide right-of-way for the future extension of DeBroggi Road across APN 055- 160-41. (A fee based on the current fee schedule is required for processing per Development Title Table 9-240.2 in addition to a copy of the Grant Deed of the subject property.) (Development Title Section 9-1150.5) (Development Title Section 9-1150.5 In. For each phase of the project, the developer shall provide drainage facilities and meet the requirements of San Joaquin County Development Standards- Retention basins shall be fenced with six (6) foot high chain lints fence or equal when the maximum design depth is 18 inches or more. Required retention basin capacity shall be calculated and submitted along with a drainage plan for review and approval, prior to release of building permit. (Development Title Section 9- 1135) i. The Traffic Impact Mitigation Fee shall be required for each phase of this development. The fee is due and payable at the time of building permit application for each phase. The fee will be based on the current schedule at the time of payment. The fee shall be autamatically adjusted July 1 of each year by the Engineering Construction Cost Index as published by the Engineering News Record. (Resolutions R-00-433) j. The Regional Transportation Impact Fee shall be required for each phase of this development. The fee is due and payable at the time of building permit application for each phase. The fee will be based on the current schedule at the time of payment. (Resolution R-06-38) k. A copy of the Final Site Plan shall be submitted prior to release of building permit for each phase of this development. 1. For all phases of this development, applicant shall fide Permit Registration Documents (PRD) with the State Water Resources Control Board (SWRCB), and submit the Waste Discharge Identification Number (WDID) issued by SWRCB to the Department of Public Works. m. Eliminate the eastern State Route 12 driveway immediately adjacent to Ray Road. NOTE: A Solid Waste Diversion Plan for all applicable projects must be submitted to the Building Division of the Community Development Department prior to the issuance of the building permit. Contact the Solid Waste Division (468-3066) for information. This property is subject to the requirements of San Joaquin County Mosquito & Vector Control District (209-982-4675) and the California Health and Safety Code for the prevention of mosquitoes. Best Management Practices (BMP) guidelines for stormwater devices, ponds and wetlands are available. All future building permits for projects located within a Special Flood Hazard Area at the time of permit issuance shall meet the San Joaquin County flood hazard reduction requirements (Title 9, Chapter 9-1605) and all requirements of the State of California (CCR Title 23) that are in force at the time of permit issuance. As an example, ifiese requirements may include raising the finish floor elevation one foot above the expected flood level and/or using flood resistant materials. Conditions of Approval - 5 - 3. ENVIRONMENTAL tjhALTU DEPARTMENT (Staff Contact: Michael Escotto, 209-46$-3443) a. Prior to the issuance of the building permit(s), the following shall be submitted to the EHD with applicable tees: 1) A permit amendment to begin operating as a Non -Transient Non community water system; 2) Documentation that demonstrates that the water system's well has the capacity to produce the volume of water to meet the new and current water demands; and 3) The test result that found the well water meets the water quality stands of anon transient non community water system, which includes results for arsenic and DBCP that are contaminants known to be prevalent in this area of the San Joaquin County. Note: Applicant shall provide evidence that the existing well meets the minimum distance requirements to the proposed property lines in accordance with the San Joaquin County Well Standards. This shall be completed under a consultation permit and inspection with the Environmental Health Department. The fee for the consultation' permit is $250. b. A soil suitability/nitrate loading study incorporating the existing and proposed development with regards to staff and customer use shaft be submitted to the Environmental Health Department, indicating that the area is suitable for septic system usage. The studies must be approved by the Environmental Health Department prior to issuance of building permit_ (San Joaquin County Development Title, Section 9-1105.2(d)). A review fee of $625 must be paid at time of submittal to the Environmental Health Department. c. The sewage disposal system shall comply with the on site sewage standards of San Joaquin County prior to approval. A percolation test that meets absorption rates of the manual of septic tank practice or E.P.A. Design Manual for onsite wastewater treatment and disposal system is required for each parcel. A permit fee of $125 per percolation hole is required. d. Submit to the Environmental Health Department revised site plans showing the maximum number of persons the sewage disposal system is being designed for. In addition, show on revised plans that the leach field area will be barricaded so it cannot be driven over, parked on, or used as a storage area. This leach field area must be used for that specific purpose only, and it cannot contain any underground utility tines (San Joaquin County Development Title, Section 9- 11 10.4(c)(5)). e. In addition, the revised site plan shall incorporate the 100% designed sewage disposal replacement area, Construction of an individual sewage disposal system(s) under permit and inspection by the Environmental Health Department is required at the time of development based on the Soil Suitability/ Nitrate Loading Study findings (Sail Joaquin County Development Title, Section 9- 1110.3 & 9--1110.4). 4. SAN JOAQUIN COUNCIL OF GOVERNMENTS (Staff Contact: Laurel Boyd, 209-235-0600) a. This project is subject to the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP)_ This can be up to a 90 -clay process and it is recommended that the project applicant contact SJMSCP staff as early as possible. it is also recommended that the project applicant obtain an information package. Conditions of Approval - g _ 5. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (Staff Contact Angel Lor, 559- 230-5808) a. used on the information provided to the District, the proposed project would equal or exceed 9,000 square feet of other space. Therefore, the District concludes that the proposed project is subject to District Rule 9510 (Indirect Source Review). Any applicant subject to District Rule 9510 is required to submit an Air Impact Assessment (AIA) application to the District no later than applying for final discretionary approval, and to pay an applicable off-site mitigation fees before issuance of the first building permit. 6. AIRPORT LAND USE COMMISSION (Staff Contact Laura Brunn, 209-235-0579) a. New land uses that may cause visual, electronic, or increased bird strike hazards to aircraft in flight shall not be permitted within any airports influence area. Specific characteristics to be avoided include: 1) Glare or distracbrig lights which could be mistaken for airport lights. Reflective materials are not Permitted to be used in structures or signs (excluding traffic directing signs)_ 2) Sources of dust, steam, or smoke which may impair pilot visibility. 3) Sources of electrical interference with aircraft communications or navigation. No transmissions which would interfere witty aircraft radio communications or navigational signals are permitted. 4) Any proposed use, especially landfills and certain agricultural uses, that creates an increased attraction for large flocks of birds. b. Within the AIA, ALUC review is required for any proposed object taller than 100 feet AGL. c. Regardless of location within San Joaquin County, ALUC review is required in addition to FAA notification in accordance with Code of Federal Regulations, Part 77, for any proposal for construction or alteration under the following conditions: 1) If requested by the FAA. 2) Any construction or alteration that is more than .2.00 feet above ground level at its site. 3) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes: (a) 100 to 1 for horizontal distance of 20,000 feet of a public use or military airport from any point on the runway of each airport with its longest runway more titan 3,200 feet. (b) 50 to 1 for a horizontal distance of 10,000 feet of a public use or military airport from any point on the runway of each airport with its longest runway no more than 3,200 feet, Conditions of Approval � 7 - . . - , i I I.I. amu, m,aE xEr > r, w, 9XIaaxra� i� q n1r-Fd c.Els S�INd adf-f•liF::d ' ii $" �`r i F [ HJLPdS' �Ilbfi `—M ' ' ana n x�v{ ua�a mesad t x i3 I { 9 #c 4 yy]] e_ -- — _.rt_'i��E..�t:��,�i'€€€€•: �.`f'�1� f(;', rt. is `(`(I��€:. E l i t E d Fi45m, _- ffl�yy Q�95 yy FS: ' iQ huylull ��� s5 5p � 4 R� � • tiLt ` D g�� o Ro�nnn�t�er 000 oeoef�6� HIM a4,E 4 ad H ��� s5 5p � 4 R� � • tiLt ` D g�� o Ro�nnn�t�er 000 oeoef�6� HIM a4,E NEGATIVE DECLARATION TO: Office of Planning & Research V P. O. Box 3044 Sacramento, California 958923044 —x County Clerk, County of San Joaquin FROM: San Joaquin County Community Development Department 1890 East Hazelton Avenue Stockton, California 95205 PROJECT TITLE. Use Permit application NO. PA -1300118 PROPONENT: Phillips Farms, t.t.0 PROJECT LOCATION: The project site is located on the west side of Ray Road, 360 feet south of State Route 12, Lodi. (APNIAddress: 055-160-29, 41, 50; & 51; 14647 N. Ray Road, Lodi) (Supervisorial District4) PROJECT DESCRIPTION: A Use Permit application to expand an existing large winery in four phases over fifteen Years and to add 25 marketing events per year with a maximum attendance of 150 people per marketing event for a previously approved winery with no marketing events. Phase 1 includes the construction of a 7,000 square foot office building and the conversion of an existing 10,000 square foot agricultural building into a vinery production building. Phase 2 includes the construction of a 24,000 square foot barrel warehouse Building, a 600 square foot crush pad, wine tank farm expansion, and a 900 square foot restroom building. Phase 3 includes the construction of a 24,000 square foot barrel warehouse building, a 24,000 square foot case goods storage building and wine tank farm expansion. Phase 4 includes the construction of a 24,000 square foot barrel warehouse building_ Amplified music is proposed at the marketing events. This property is not under a Williamson Act contract. The properly is zoned AG -40 (General Agriculture, 40 -acre minimum) and the General Plan designation is AIG (General Agriculture). Rased on the attached Initial Study, it has been found that the project will not have a significant effect on the environment. Date: ti 11�4 Contact Person: Mo Hatef Phone: (209) 468-8477 SAN JOAQUIN C OUiNITY GONIMUNITY DEVELOPMENT DEPARTMENT INITIAL STUDY FILE NO: PA -1300118 PROJECTIAPPLICANT: Philp sfMike Smith En ineerin PROJECT DESCRIPTION: A Use Permit application to ex and an existin lar E Winer in fou_._..._._ to add 25�marketingfv ousevent! appyear with a roved raved wEne maximum attendance sof 150fifteen people per marketing eve_._..__- th no marketing events. Phase One includes the construction at a 7.000 square foot office building and the conversion of an existing 10,000 square „foot agricultural building into a winery Production buildin . Phase Two includes the construction of a 24,000 s care foot barrel warehouse buildLn a 600Aware foot crush pad, wine tank farm expansion, and a 900 square font restroom_ building. --.Phase Three includes the construction of a 24 000 square foot barrel warehouse building, a 24,000 scluare foot case goods Stora a buildin and wine tank farm expansion, Phase Four includes the construction of a 24,000 s uare foot barrel warehouse building. Amplified music is proposed at the marketing events. Use Type: Wineries and Wine Cellars- Winery,Large) The Droiect site is located on the west side of Ray Road 360 feet south of State Route 12, Lodi, RECOMMENDED ENVIRONMENTAL. DETERMINATION: The proposed project could not have a significant effect on the environment, and a Negative.Declaration will be prepared. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Negative Declaration will be prepared. X The proposed project may have a significant effect on the environment, an Environmental Impact Report is required_ ASSESSOR PARCEL NO: 0555-9 60-29 49 60 59 ACRES: 57.20 GENERAL PLAN: AIG ZONING: AG -40 CURRENT SITE CONDITIONS (topography, uses): RELATIVELY FLAT LAND WITH AN EXISTING LARGE WINERY AND LARGE AGRICULTURAL. STORE. POTENTIAL POPULATION, NUMBER OF DWELLING UNITS, OR SQUARE FOOTAGE OF USE(S): 914 500 SQUARE FEET FOR A SMALL WINERY SURROUNDING LAND USES: North: AGRICULTURAL. WITH SCATTERED RESIDENCES South: AGRICULTURAL WITH SCATTERED RESIDENCES East: AGRICULTURAL. WITH SCATTERED RESIDENCES West: AGRICULTURAL/ INDUSTRIAL Initial Study - 1 - Revised 5-00 GENERAL CONSIDERATIONS: Does it appear that any environmental feature of the project will generate significant public concern or controversy? ❑ Yes ® No Nature of concern(s): 2. Will the project require approval or permits by agencies other than the County? ® Yes ❑ No Agency name(s): Alcoholic Beverage Control 3. Is the project within the Sphere of Influence, or within two miles, of any city? NYes ❑ No City: Lodi ENVIRONMENTAL~ IMPACTS: "Yes" may only be checked in situations where there is substantial evidence to indicate that there may be a significant adverse impact on the environment if there is no change in the project description. (CEQA Guidelines, Sec. 95054) See the "Discussion" section at the end of the Initial Study for explanation of any impacts checked "Yes", or any "No" answer marked with an asterisk (*). Sources: The following sources of information have been used in determining environmental impacts: Original source materials and maps on file in the Community Development Department including: all County and City general plans and community plans; assessor parcel books; various local and FEMA flood zone maps; service district maps; maps of geologic instability; maps and reports on endangered species such as the Natural Diversity Data Base; noise contour maps; specific roadway plans; maps and/or records of archeological/historic resources; soil reports and maps; etc. Many of these original source materials have been collected from other public agencies or from previously prepared EIR's and other technical studies. Additional standard sources which should be specifically cited below include on-site visits by staff (note date); staff knowledge or experience; and independent environmental studies submitted to the County as part of the project application (note report title, date, and consultant). 'i. Water., a. Is any portion of the project subject to flood hazard? Flood zone: X b. Will the project result in reduction of surface or ground water quality or quantity? C. Will the project result in increases to surface, channel or stream volumes, or alterations to drainage patterns and streams? ❑Yes ® No* ❑Yes N No ❑Yes ® No Initial Study -2- Rev 5-00 d. Will the project result in erosion of or sedimentation to a channel, river, or body of water? []Yes `C No Other sources used: 2 Earth: a. Will the project result in or be subject to potentialiy hazardous geologic or soils conditions on or immediately adjoining the site (slides, springs, erosion, liquefaction, earthquake faults; steep slopes, septic tank limitations)? ❑Yes PSC No b. Will the project involve substantial grading which could result in secondary impacts (consider amount, steepness, and visibility of proposed slopes; consider effect of grading on trees and creek channels)? ❑Yes No c. Will there be conversion of prime farmland (over 40 acres and not shown for development in the General Plan)? ❑Yes No" Other sources used: _Important Farmland Map 2002 3, PlantlAnimal Life-, a. Will there be a reduction or disturbance to any habitat for plants and animals (including removal or disturbance of trees, riparian areas, or migration routes)? Yes ®No* b. Will the project impact any rare, endangered, threatened, or recreational species located on or near the site? (Check the Natural Diversity Data Base) ❑Yes ® No* Other sources used: Natural Diversil Database 4. Air/Cllmaie: a. Will the project make a significant contribution to the deterioration of existing air quality, including creation of objectionable odors; will future project residents be subjected to significant pollution levels? ❑Yes ® No* b. Will the project result in any impact to current climatic conditions? (Consider the introduction of water features, loss of wetland, etc.) []Yes ® No Other sources used: 6. Noise: a. Will the project expose people to high noise or vibration levels (over 65db/Ldn for residential uses or 75db/Ldn for industrial uses at the property line)? (Check 2010 projected noise contours.) ❑Yes ® No* Initial Study - 3 - Rev 5,00 b, Will the project result u , increased noise or vibration levefs? ❑Yes (I IN Other sources used: 6. gng y1�l Resources: a. Will the project use substantial amounts of fuel or energy, require a substantial increase in demand upon existing sources, or require the development of new sources of energy? ❑Yes ® No b. Will the project affect the potential use, extraction, conservation, or depletion of a natural resource (other than agricultural land)? Dyes M No Other sources used: 7. Hazards: a. Will the project create a risk of explosion; release, generate or store Any hazardous substances; or cause other dangers to public health and safety? ❑Yes No b. Are there any known hazardous substances located within 509 feet of the boundaries of this project, if in an existing or proposed residential area (this could include possible groundwater contamination)? []Yes ® No c. Will the project result in interference with, or need, for emergency plans? []Yes ® No Other sources used: B. Utilities and Public Service: a. "'Will the project require alteration of, addition to, or the need for new Utility systems (water, sewer, drainage, solid waste), including a sphere of Influence or district boundary change? ❑Yes ® No* b. **Will the project result in the need for or the expansion of the following services: fire and police protection, schools, parks and recreation, libraries, roads, flood control, solid waste or other public works facilities, public transit, or governmental services? [Yes No c. Will the project adversely impact existing recreational/park opportunities or require new park/recreation opportunities? ❑Yes ( No Note: ** "Yes" answers to these two questions and 9 (b) below will require additional discussion, but do not necessarily indicate a potentially significant impact. Other sources used: 9. Trans ortation/Circulation: a. Will the project generate significant traffic volumes and/or make a significant contribution to an existing circulation problem (consider existing LOS on nearby arterials and highways, road design, access, parking, accident potential)? ❑Yes M No* Initial Study -4- Rev 5-90 b. �"Will the project cause special transportation considerations (consider water -borne, rail, air, pedestrian, and bicycle traffic, and public transportation systems and panting facilities)? c. Will the project result in a significant increase in commuting to and from the local community? d. Will the project be impacted by or interfere with an airport flight path? e. Will the project restrict access to the surrounding area? Other sources used (note traffic studies): 10. Cultural Resources: a. Will the proposal result in an alteration of a significant archeological, or historical site, structure, or building? Other sources used. 11. Housing: a. Will the proposal adversely affect the existing housing stock or create a demand for additional housing (more than 50 units)? Other sources used: 12. Aesthetics: a. Will the project obstruct any public scenic vista or view, create an aesthetically offensive site open to public view, or produce now light or glare? Other sources used: 13. Land Use: a. is this project a growth -inducing action: Will it encourage additional requests for related uses, or will it set a significant land use precedent in the area? b. Will the project conflict with existing or planned land uses; is the project in conflict with any adopted plans? C. Will the project disrupt a natural or recreation area, impact access to waterways, or allow trespass alto surrounding land? 14. Curnuiative: a. Will the project create any impacts which may not be significant for the project alone, but may be significant when combined with other anticipated development of similar type and or location? Other sources used: UYes ® No ❑Yes 0 No Dyes M No* ❑Yes M No ❑Yes M No ❑Yes ® No ❑Yes ® No ❑Yes FA No' ❑Yes M Ne ❑Yes ® No (]Yes M No Initial Study - 5 - Rev 5-00 '15. Identify any other impact(s) not noted above which may be significant, and rite source(s)- NONE= KNOWN. 16. Mandatory indincts o Significance: (A "Yes" answer to any of the following questions requires preparation of an EIR.) a. Does the project have the potential to degrade the quality of the environment or curtail the diversity in the environment? []Yes No b. Does the project have the potential to achieve short -terra, to the disadvantage of long-term, environmental goals? []Yes ® No c. Does the project have impacts which are individually limited but cumulatively considerable? ❑Yes No d. Does the project have environmental impacts which will cause substantial, adverse effects on human beings, either directly or indirectly? ❑Yes No 17. DISCUSSION OF ANY ENVIRONMENTAL IMPACTS NOTED ABOVE. (Discuss any questions answered "Yes" above, as well as any "No" answers marked with an asterisk C). Discuss any changes to the project which could mitigate the identified impacts. Discuss any proposed mitigation monitoring program submitted by the project applicant. Use additional attached pages if necessary.) PLEASE SEE INITIAL STUDY ATTACHMENT PA -9300198 (UP). Prepared by: Mo Hatof _ -- v Title: Senior Planner Date: November 92 2093 Initial Study - 6 - Rev 5-00 INITIAL STUDY 4A TTACIIMEN7') PA-1300-l18(UP) PHIL.L.IPSlMIKE SMITH ENGINEERING PROJECT DESCRIPTION: A Use Permit a lication to ex and an existin lar a wiper in fourhases over fifteen ears and to add 25 marketin events erear with a maximum attendance of 160 people per marketin event for a previously approved winery rrvith no marketin events. Phase One includes the construction of a 7 000 square foot office building and the conversion of an existing10,000 square foot agricultural buildin into a wine production building. Phase Two includes the construction of a 24,000 s uare foot barrel warehouse .1building, a 600 s uare foot crush pad, wine tank farm expansion, and a 900 square foot restroom buildinn..-Phase _Three includes the construction of a 24 000 square foot barrel warehouse building, a 24,000 square foot case goods storya lauildin and wine tank farm expansion, Phase Four includes the construction of a 24 000 s uare foot Darrel warehouse building, Amplified music is proposed at the marketing events. Use Type:_ Wineries and Wine Cellars- Winerv. Large) The General Plan deslanation is General A riculture AIG and the zonina is General A riculture 40 -acre minimum AG -40 , The PromeGt site is located on the west side of Ray Road 360 feet south of State Route 12 Lodi. ENVIRONMENTAL ISSUES: 1. Water 1.a. The project site is located in the Flood Zone X Other Flood Areas 0.2 Percent Annual Chance Flood Hazard flood designation. If approved any new development will have to comply with Development Title Section 9-1605 regarding flood hazards. 2 2. c. The Soil Survey of San Joaquin County classifies the soil on the subject parcels as Acampo sandy learn, 0 to 2 percent slops, Devries sandy loam, drained, 0 to 2 percent slopes and Tokay fine sandy loam, 0 to 2 percent slopes. Acampo sandy loam's permeability is moderately rapid and available water capacity is high. The unit is suited to irrigated crops, orchards, and vineyards. Acampo sandy loam has a storie index rating of 57 and a land capability of IVs if nonirrigated and Its irrigated. Devries sandy loam's permeability is moderately rapid and available water capacity is low. The unit is suited to irrigated row and field crops. Devries sandy loam has.a storie index rating of 18 and a land capability of iVw if nonirrigated or irrigated. Tokay fine sandy loam's permeability is moderately rapid and available water capacity is high. The unit is suited to irrigated crops, orchards, and vineyards. Tokay fine sandy loam has a storie index rating of 95 and a land capability of IVc if nonirrigated and I irrigated. The project site will encompass a 10.00 -acre portion of 57.00 acres which currently has an existing winery and large agricultural store. The surrounding land uses are primarily agricultural with scattered residences. The Zoning and the General Plan for the project site will continue to remain the same if the project is approved. Therefore, the proposed project will have a less than significant impact to surrounding agricultural operations and will not create premature development pressure on Surrounding agricultural lands to convert land from agricultural uses to non-agricultural uses. The parcel is not subject to a Williamson Act Contract. Referrals have been sent to the San Joaquin Farm Bureau and Department of Conservation for review. Initial Study -7- Rev 5-00 3. Plant and Animal fife 3. a. & b. The Natural Diversity Database does not list any rare, endangered, or threatened species or habitat located on or near the site. Referrals have been sent to the San Joaquin Council of Governments (SJCOG) for review. If SJCOG determines that the applicant may participate in the San Joaquin Multi -Species Habitat Conservation and Open Space Plan (SJMSCP), and if the applicant chooses to participate, then the proposed project is consistent with the SJMSCP, as amended, as reflected in the conditions of project approval for this proposal. Pursuant to the Final EIRIE18 for San Joaquin County Mtsiti-Species Habitat Conservation and Open Space Plan (SJMSCP), dated November 15, 2000, and certified by SJCOG on December 7, 2000, implementation of the SJMSCP is expected to reduce impacts to biological resources resulting from the proposed project to a level of less -than -significant. If the applicant chooses not to participate, then the applicant will be required to participate in a similar mechanism that provides the same level of mitigation. The applicant has indicated he will participate in the Habitat Conservation Plan. 4. A d Climate 4.a. This project is for the expansion of a large winery which includes the construction and/or conversion of 914,500 square feet of building. The San Joaquin Halley Air Pollution Control District submitted a response letter dated August 30, 2013 and stated project specific emissions of criteria pollutants are not expected to exceed District significance thresholds of 10 tons/year NOX, 10 ton/year ROG, and 15 tons/year PM 10. The District concluded that project specific criteria pollutant emissions would have no significant adverse impact on air quality. However, the Project is subject to District Rule 9510 and will be required to submit an Air Impact Assessment before issuance of building permit. This project will also be subject to the District requirements regarding fugitive dust emissions and emissions standards for hazardous air pollutants. With the rules and regulations of the San Joaquin Air Pollution Control District, the impact to air quality will be less than significant. 5. Noise 5.a. A portion of the parcel lies within the 65 dBL noise contour for State Route 12. The 65 dB contour line along State Route 12 is located 398 feet from the side of the road pursuant to General Plan Table IIi. D-413. However, a winery and its associated marketing events are not classified as noise sensitive land uses. Additionally, noise sources emanating from any agricultural operations, including activities associated with the process or transportation of crops when such activities are conducted on agriculturally zoned lands are exempt from the Noise ordinance (Development Title Section 9-1025.9(b)(5)). However, there are scattered residences along the perimeter of the subject parcels. The nearest residence is located 80 feet northeast of the project site, which is owned by the same property owner as the winery. The nearest residence on property owned by a different owner is 1,100 feet west and 1,100 feet east of the project site. Pursuant to Development Title Section 9-1025.9(a)(1), a residential use is a noise sensitive land use. The applicant indicated there will be amplified sound outdoors at the marketing events. Amplified sound is permitted at both indoor and outdoor special events and both indoor and outdoor marketing events pursuant to Development Title Section 9-1075,30). However, a noise study was required to identify possible mitigation measures for any amplified noise source impacts. A noise study was conducted by J. C. Brennan and Associates dated October 18, 2013. The noise analysis included conducting a staged music event with a simulated event representative of a more intensive event, such as a wedding reception with a DJ or live band_ The noise study analyzed music noise level measurements fifty feet from the proposed amplified music location. The noise study concluded the amplified music locations can comply with the county noise level standards provided the following recommendations are implemented: Initial Study -8- Rev 5-00 I ) Conduct periodic nc,,-,;; measurements during events at the outdoor Event Area at the Control Site Z (50 feet from the speakers). Maximum noise levels due to live events should be monitored at the control site (Site Z in this report), and should be limited to no more than 86 dBA t.max. 2) The event staff shall be trained on how to use the sound level meter, the soured level meter shall be used with the proper settings, and the meter shall be field -calibrated prior to events. The sound level meter shall comply with an ANSI Type 1 or Type 2 certification. 3) Speakers at the Outdoor Event Area shall be mounted no higher than 3 to 5 feet above the ground. 4) Events are required to terminate prior to 10:00 p.m. These mitigation measures will be incorporated into the Conditions of Approval. Additionally, marketing events must comply with Development Title Section 9-1025.9 regarding stationary noise standards (50 dB Hourly Equivalent Sound Level daytime, 45 dB Hourly Equivalent Sound Level nighttime, 70 dB maximum sound daytime, 65 dB maximum sound nighttime). Each of the noise level standards shall be reduced by 5 dB for noise primarily consisting of speech or music. Marketing events must end by 14:00 p.m. Therefore, any impacts from this project will be less than significant regarding noise impacts. 8. Utilities and Public Service 8.a. The underlying project will not be required to be served by public services. Water will be provided by an on-site well. Storm water drainage will be retained on-site and will be reviewed and permitted by the Building Department and the Department of Public Works. Sewer services can be provided through a septic system. However, the applicant has indicated the City of Lodi will accept wastewater from this development into its facilities and has submitted written verification from the City of Lodi that City of Lodi will be providing trucked wastewater service under an agreement. Winery wastewater will be stored in an above ground storage tank until it is hauled off site by a contractor. P. Transportation) Circulation 9.a. The agricultural store and wine tasting roam are open seven days a week and a total of 15 people are employed to the operations. The operations are open from 7:30 a.m. to 5.30 p.m. and expect a maximum of 200 customers per shift. If the project is approved, there will be twenty-five marketing events per year with a maximum attendance of 150 people per marketing event and will operate from 14:00 a.m, to 10:00 p.m. The Department of Public Works required a Technical Memorandum to be submitted to assess traffic circulation and safety in the project area. K.D. Anderson and Associates, Inc. submitted a Technical Memorandum dated November 6, 2013 and determined traffic impacts associated with the project are not likely to be significant. The applicant is proposing winery and marketing event traffic access the site via a driveway from Ray Road. Because there are multiple point of access to State Route 12, the technical memorandum recommended, as a mitigation measure, to provide information directing guests to the North Ray Road access by including this information in event contracts or providing materials to be distributed to guests. Additionally, while mitigation measures are not needed to address any Level of Servide impacts under either regular operation or with marketing events, overall safety would be improved if the eastern State Route 12 driveway (located on APN 055-164-51) immediately adjacent to North Ray Road was closed and this measure was recommended. The Department of Public Works will include these mitigation measures as recommended Conditions of Approval. Therefore, traffic impacts are expected to be less than significant. 9. d. The project site falls within the Area of Influence of the Kingdon Airpark. The nearest runway of the Kingdon Airport is located approximately 1.3 miles southeast of the project site, A referral letter was sent to the Airport Land Use Commission on August 16, 2013. Initial Study - 9 - Rev 5-00 3._ Carla' Use 13.a. A large winery is a conditionally permitted use in the AG -40 zone subject to an approved Use Permit application. A marketing event is a permitted accessory use to a large winery pursuant to Development Title 1075.3(m) and marketing events may be conditionally approved for any number of people. The Lodi area has existing wineries with marketing events. It will not set a significant land use precedent in the area. Therefore, this project is not a growth -inducing action. 13.b. The area is primarily agricultural with several scattered residences. The nearest residence is located approximately 80 feet northeast of the project site. A large winery is a conditionally permitted use in the AG -40 zone subject to an approved Use Permit application. There are no applicable Master Plans, Specific Plans, or Special Purpose Plans. Initial Study _10- Rev 5-00 Exhibit B Notice of Completion and Comment Letters CITY STAFF RESPONSE TO COMMENTS ON LODI WASTEWATER LINE EXTENSION The City of Lodi is proposing to build an approximately 11,500 -foot -long industrial wastewater force main and recycled water line in the same trench within San Joaquin County existing public rights-of—way from the southeast portion of the Michael -David Winery to the City of Lodi industrial wastewater line crossing in Devries Road (Project). File number 2014-23 ND. The City received six written comments during the public review period and the comments were responded to and incorporated into the Final Mitigated Negative Declaration. San Joaquin County Airport Land Use Commission (ALUC) ALUC finds the project consistent with the airpark land use plan. The ALUC wants to ensure; glare, visibility, electrical interference, and bird attraction does not increase. The project by design or through mitigation measure will not impact the airport operations. San Joaquin County Council of Governments Habitat Conservation The project will be required to annex within the habitat conservation plan area and have the construction route surveyed by a biologist prior to construction. Staff coordinated with habitat conservation staff and the biological mitigation is consistent with requirements from conservation staff. Central Valley Regional Water Quality Control Board The proposed project will be required to comply with construction general permit for any stormwater discharge et clean water act requirements. San Joaquin County does not allow for encroachments until March and the project is required to prepare a stormwater pollution prevention plan and meet City and County discharge requirements. No new mitigation is required beyond the project design requirements. San Joaquin Valley Air Pollution Control District The project will not be required to secure emission mitigation. The project will be required to comply with Air Quality Mitigation Measure 2. State Water Resources Control Board The City of Lodi will not be pursuing state or federal funding for this project. Enhanced environmental review is not needed. Comments 1, 2, 6, 8 and 9 are minor formatting comments from another agency. Comment 3 — the San Joaquin Valley Air Pollution Control District completed project modeling and found the project to be below their threshold and did not require direct mitigation other than best management practices to control dust and emissions. Comment 4 — a MMRP will be prepared for project approval. Comment 5 — The Notice of Completion was provided to the Native American Heritage Commission for review and consultation. Comment 7 — Geology and Soils section - topic area c covers c and d. Topic area d covers area e. Mr. Ted Petersen Wants to make sure the project has design alternatives to reduce impacts to property owners frontages. The exact project route is being designed to lessen impacts. Mr. Richard Dokey Wants to make sure the project has design alternatives to reduce impacts to property owners frontages. The exact project route is being designed to lessen impacts. Appendix C Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812-3044 (916) 445-0613 For Hand Delivery/Street Address: 1400 Tenth Street, Sacramento, CA 95814 Project Title: City of Lodi Industrial Wastewater Pipeline Extension Lead Agency: City of Lodi - Community Development Contact Person: Craig Hoffman Mailing Address: 221 West Pine Street Phone: 209-333-6711 City: City of Lodi Zip: 95240 County: San Joaquin — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Location: County:San Joaquin City/Nearest Community: City of Lodi — — — — — — — — — — — Cross Streets: Highway 12 and Ray Road Zip Code: Longitude/Latitude (degrees, minutes and seconds): 38 06 55.8 ^ N 121 0 22 —,17.2 " W Total Acres: 11,500 linear ft. Assessor's Parcel No.: 055-160-29 Section: Twp.: Range: Base: Within 2 Miles: State Hwy #: Highway 12 and 1-5 Wa White Slough X❑ Air Quality Airports: Kingdon Airpark n acific Railroad Schools: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Document Type: — — — — — — — — — — — CEQA: ❑ NOP ❑ Draft EIR AUG 22DM 22D ❑ NOI Other: ❑ Joint Document ❑ Early Cons ❑ Supplement/Subsequent EIR ❑ EA ❑ Final Document ❑ Neg Dec (Prior SCH No.) EIS ❑ Other: ING HOU@-Draft ❑X Mit Neg Dec Other: FONSI ❑ Coastal Zone — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Local Action Type: — — — — — — — — — — — ❑ General Plan Update ❑ Specific Plan ❑ Rezone ❑ Annexation ❑ General Plan Amendment ❑ Master Plan ❑ Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ❑ Use Permit ❑ Coastal Permit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, etc.) X❑ Other:wasteline extent] — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Development Type: — — — — — — — — — — — ❑ Residential: Units Acres ❑ Office: Sq.ft. Acres Employees ❑ Transportation: Type ❑ Commercial: Sq.ft. Acres Employees ❑ Mining: Mineral Z Industrial: Sq.ft. Acres Employees ❑ Power: Type MW ❑ Educational: ❑ Waste Treatment:Type MGD ❑ Recreational: ❑ Hazardous Waste:Type ❑ Water Facilities:Type MGD ❑ Other: Project Issues Discussed in Document: ❑ Aesthetic/Visual ❑ Fiscal ❑ Recreation/Parks ❑ Vegetation ❑ Agricultural Land ❑ Flood Plain/Flooding ❑ Schools/Universities ❑X Water Quality X❑ Air Quality ❑ Forest Land/Fire Hazard ❑ Septic Systems ❑ Water Supply/Groundwater Q ArcheologicaLtHistorical ❑X Geologic/Seismic ❑ Sewer Capacity ❑ Wetland/Riparian ❑X Biological Resources ❑ Minerals ❑ Soil Erosion/Compaction/Grading ❑ Growth Inducement ❑ Coastal Zone ❑ Noise ❑ Solid Waste ❑ Land Use ❑ Drainage/Absorption ❑ Population/Housing Balance ❑ Toxic/Hazardous ❑ Cumulative Effects ❑ Economic/Jobs ❑X Public Services/Facilities ❑X Traffic/Circulation ❑ Other: — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Present Land Use/Zoning/General Plan Designation: Public road right-of-way in agricultural area — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Project Description: (please use a separate page if necessary) The City of Lodi is proposing to build an approximately 11,500 foot long industrial wastewater force main within San Joaquin County existing public rights-of—way from the south east portion of the Michael/David Wineryto the City of Lodi industrial wastewater line crossing in Devries Road Note: The State Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. Notice of Preparation or previous draft document) please fill in. Revised 2010 Reviewing Agencies Checklist Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X". If you have already sent your document to the agency please denote that with an "S". X Air Resources Board Boating & Waterways, Department of California Emergency Management Agency California Highway Patrol X Caltrans District # 10 Caltrans Division of Aeronautics Caltrans Planning Central Valley Flood Protection Board Coachella Valley Mtns. Conservancy Coastal Commission Colorado River Board X Conservation, Department of Corrections, Department of X Delta Protection Commission Education, Department of Energy Commission X Fish & Game Region # 2 Food & Agriculture, Department of Forestry and Fire Protection, Department of General Services, Department of Health Services, Department of Housing & Community Development X Native American Heritage Commission Local Public Review Period (to be filled in by lead agency) Starting Date August 26, 2014 Lead Agency (Complete if applicable): Consulting Firm: Address: City/State/Zip: _ Contact: Phone: Office of Historic Preservation Office of Public School Construction Parks & Recreation, Department of Pesticide Regulation, Department of Public Utilities Commission X Regional WQCB #5S Resources Agency Resources Recycling and Recovery, Department of S.F. Bay Conservation & Development Comm. San Gabriel & Lower L.A. Rivers & Mtns. Conservancy San Joaquin River Conservancy Santa Monica Mtns. Conservancy State Lands Commission SWRCB: Clean Water Grants X SWRCB: Water Quality SWRCB: Water Rights Tahoe Regional Planning Agency Toxic Substances Control, Department of Water Resources, Department of Other: Other: Ending Date September 26, 2014 Applicant: City of Lodi Address: 221 West Pine Street City/State/Zip: City of Lodi, CA 95340 Phone: 209-333-6711 - - - - - - - - - - - - - - - - - Signature of Lead Agency Representative: Date: ' ze, - Za Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code. Revised 2010 San Joaquin Council of Governments 555 East Weber Avenue • Stockton, CA 95202 • (209) 235-0600 • FAX (209) 235-0438 San Joaquin County Airport Land Use Commission ALUC RESPONSE TO LOCAL JURISDICTION To: Craig Hoffman, Senior Planner, City of Lodi Community Development Dept. From: David Ripperda, Regional Planner, San Joaquin Council of Governments Date: August 27, 2014 Local Jurisdiction Project Title: 2014-23 ND City of Lodi Industrial Wastewater Pipeline Extension Area of Influence, Airport: Lodi Airpark/Kingdon Exec Safety Criteria Matrix Zone: Airport Influence Area Status: CONSISTENT LAND USE (8); Traffic Pattern Zone (7); Outer Approach/Departure Zone (4); Inner Turning Zone (3); Inner Approach/ Turning Zone (2); Runway Pattern Zone (1) The San Joaquin County Airport Land Use Commission (ALUC) has reviewed the notice of availability for the intent to adopt a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension. The project site is located within the Lodi Airpark / Kingdon Executive's Airport Influence Area (AIA), and pursuant to the State Aeronautics Act (Public Utilities Code Section 21676), the project is subject to a Consistency Determination by the San Joaquin County ALUC. CONSISTENCY REVIEW This project consists of the construction of an approximately 11,500 foot long industrial wastewater force main and recycled water line within San Joaquin County existing public rights-of-way from the south east portion of the Michael/David Winery to the City of Lodi industrial wastewater line crossing in Devries Road. An industrial wastewater collection and booster pump facility would be built on existing Winery Property. The Proposed Force Main Alignment falls within the Airport Influence Area (8) and Traffic Pattern Zone (7) for Kingdon Executive Airport. In addition, the Alternative Force Main Alignment falls within the Outer Approach/Departure Zone (4), Inner Turning Zone (3), Inner Approach/Turning Zone, and Runway Pattern Zone (1). The land uses proposed with the expansion are compatible with the adopted 2009 Safety Zones for Lodi Airpark / Kingdon Executive. The following standards and project design conditions specific to compliance with the ALUP which should be carried through as conditions of approval are as follows: 1. New land uses that may cause visual, electronic, or increased bird strike hazards to aircraft in flight shall not be permitted within any airport's influence area. Specific characteristics to be avoided include: Glare or distracting lights which could be mistaken for airport lights. Reflective materials are not permitted to be used in structures or signs (excluding traffic directing signs); 21Airport Land Use Commission • Sources of dust, steam, or smoke which may impair pilot visibility; • Sources of electrical interference with aircraft communications or navigation. No transmissions which would interfere with aircraft radio communications or navigational signals are permitted. • Any proposed use, especially landfills and certain agricultural uses, that creates an increased attraction for large flocks of birds. 2. Power lines must be undergrounded, if necessary, to prevent hazard to aircraft. 3. Regardless of location within San Joaquin County, ALUC review is required in addition to FAA notification in accordance with Code of Federal Regulations, Part 77, Paragraph 77.13(a)(1) for any proposal for construction or alteration under the following conditions: a. If requested by the FAA. b. Any construction or alteration that is more than 200 ft. AGL at its site. c. Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes: i. 100 to 1 for a horizontal distance of 20,000 ft. of a public use or military airport from any point on the runway of each airport with its longest runway more than 3,200 ft. ii. 50 to 1 for a horizontal distance of 10,000 ft. of a public use or military airport from any point on the runway of each airport with its longest runway no more than 3,200 ft. iii. 25 to 1 for a horizontal distance of 5,000 ft. of the nearest take -off and landing area of a public use heliport d. Any highway, railroad or other traverse way whose prescribed adjusted height would exceed the above noted standards e. Any construction or alteration located on a public use airport or heliport regardless of height or location. Please contact ALUC staff David Ripperda if you have and questions or comments at (209) 235-0450, or by email at ripperda(csicog. org. Sincerely, David Ripperda, Regional Planner ,.rte -H..'.. f .'• ' �et�l►i.w1Own KINGDON EXECUTIVE AIRPORT AND LODI AIRPARK LAND USE COMPATIBILITY ZONES S JCOG, Inc. 555 East Weber Avenue • Stockton, CA 95202 • (209) 235-0600 • FAX (209) 235-0438 San Joaquin County Multi -Species Habitat Conservation & Open Space Plan (SJMSCP) SJMSCP RESPONSE TO LOCAL JURISDICTION (RTLJ) ADVISORY AGENCY NOTICE TO SJCOG, Inc. To: Craig Hoffman, City of Lodi, Community Development Department From: Laurel Boyd, SJCOG, Inc. Date: September 2, 2014 Local Jurisdiction Project Title: Notice of Availability and Notice of Intent to Adopt a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Project Assessor Parcel Number(s): Multiple Local Jurisdiction Project Number: 2014-23 ND Total Acres to be converted from Open Space Use: Unknown Habitat Types to be Disturbed: Agricultural (C34) and Urban (U) Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist. Dear Mr. Hoffman: SJCOG, Inc. has reviewed the Notice of Availability and Notice of Intent to Adopt a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Project. The City of Lodi is proposing to build an approximately 11,500 foot long industrial wastewater force main and recycled water line in the same trench within San Joaquin County existing public rights-of-way from the south east portion of the Michael/David Winery to the City of Lodi industrial wastewater line crossing in DeVries Road. The City of Lodi is a signatory to San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP. This project is subject to the SJMSCP and is located within the unmapped land use area. Per requirements of the SJMSCP, unmapped projects are subject to case-by-case review. This can be a 90 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sjcog.org After this project is approved by the Habitat Technical Advisory Committee and the SJCOG Inc. Board, the following process must occur to participate in the SJMSCP: Schedule a SJMSCP Biologist to perform a pre -construction survey prior to any ground disturbance SJMSCP Incidental take Minimization Measures and mitigation requirement: 1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs. If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs. 2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs. 3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must: a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or C. Dedicate land in -lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits. 4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must: 21SJCOG, Inc. a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in -lieu of fees, either as conservation easements or fee title; or C. Purchase approved mitigation bank credits. Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called. Receive your Certificate of Payment and release the required permit It should be noted that if this project has any potential impacts to waters of the United States [pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site. If you have any questions, please call (209) 235-0600. 31SJCOG, Inc. S JC0G,Inc. San Joaquin County Multi -Species Habitat Conservation & Open Space Plan 555 East Weber Avenue • Stockton, CA 95202 • (209) 235-0600 • FAX (209) 235-0438 SJMSCP HOLD TO: Local Jurisdiction: Community Development Department, Planning Department, Building Department, Engineering Department, Survey Department, Transportation Department, Other: FROM: Laurel Boyd, SJCOG, Inc. DO NOT AUTHORIZE SITE DISTURBANCE DO NOT ISSUE A BUILDING PERMIT DO NOT ISSUE FOR THIS PROJECT The landowner/developer for this site has requested coverage pursuant to the San Joaquin County Multi - Species Habitat Conservation and Open Space Plan (SJMSCP). In accordance with that agreement, the Applicant has agreed to: 1) SJMSCP Incidental Take Minimization Measures and mitigation requirement: 1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs. If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs. 2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs. 3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must: a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in -lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits. 4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must: a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in -lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits. Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called. Project Title: Notice of Availability and Notice to of Intent to Adopt a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension Applicant: City of Lodi Assessor Parcel #s: Multiple T , R , Section(s): Local Jurisdiction Contact: Craig Hoffman The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measures are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. S JC0G,Inc. 555 East Weber Avenue • Stockton, CA 95202 • (209) 235-0600 • FAX (209) 235-0600 San Joaquin County Multi -Species Habitat Conservation & Open Space Plan (SJMSCP) Phillips Farms Expansion Project (PA -1300118) SJMSCP Incidental Take Minimization Measures (APN: 055-160-50,41) Date: October 8, 2013 Total Disturbed Acres Anticipated: +/- 11.40 acres Habitat Types to be Disturbed: Multi -Purpose (C2 — OrchardNineyard) and Urban (U — Fee Exempt) Habitat Land Project Jurisdiction: San Joaquin County Species/Habitat Findings: SJMSCP Covered Animal Species Potentially Occurring on Project Site Animal Species Findings Birds Cooper's hawk Suitable nesting habitat adjacent to the Acci iter coo erii project site. No nests observed. Sharp -shinned hawk Suitable nesting habitat adjacent to the Acci iter striatus project site. No nests observed. Swainson's hawk Suitable nesting habitat adjacent to the Buteo swainsoni project site. No nests observed. White-tailed kite Suitable nesting habitat adjacent to the E/anus leucurus project site. No nests observed. SJMSCP Covered Plant Species Potentially Occurring on Project Site Plant Species I Findings None I Suitable habitats absent from site. Advisory Statements After inspecting the project site, and project site conditions, the San Joaquin Council of Governments (SJCOG) provides the following advisory statements to the applicant. No further action is required with the SJCOG with respect to the following statements. SJCOG does not accept any liability for the accuracy of these statements since each regulatory agency discussed below must determine the extent of its own regulatory authority with respect to the proposed project. It should be noted that two important federal agencies (U.S. Army Corps of Engineers and the California Regional Water Quality Control Board) and California Department of Fish and Wildlife Streambed Alteration requirements have not issued permits to the SJCOG and so payment of the fee to use the SJMSCP will not modify requirements (1600/1602) now imposed by these agencies. Potential waters of the United States [pursuant to Section 404 Clean Water Act] may occur on the project site. It therefore may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would likely be required from each of these resource agencies prior to impacting these features on the project site. The ITMM is not deemed complete until finalized by SJOCG, Inc. staff and provided back to the project. Conditions Prior to ground disturbance: 1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs. If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs. 2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs. 3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must: a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in -lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits. 4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must: a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in -lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits. Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called. Pay appropriate SJMSCP 2013 fees based on habitat categories and rates to SJCOG, Inc.: • Multi-purpose habitat — 6.6 acres x $6,364 per acre = $42,002.40 • Urban habitat — 4.8 acres x $0.00 per acre = $0.00 Total Fee due: $42,002.40 0 Page 2 Note: If fees are not paid prior to January 1, 2014 this project will be subject to the subsequent fee change, and the fee above will no longer be applicable. Project Proponent Must Initial Here As to Understanding the Note Above: B. Prior to Commencing Construction Between February 1s' and September 15th: The Project Proponent shall conduct a preconstruction nesting survey for Cooper's hawk, sharp -shinned hawk, Swainson's hawk, and white-tailed kite, and other bird species subject to the Migratory Bird Treaty Act. Pursuant to the Migratory Bird Treaty Act (16 USC 703-711), it is unlawful to "take" (kill, harm, harass, shoot, etc.) any migratory bird listed in Title 50 of the Code of Federal Regulations, Section 10. 13, including their active nests, eggs, or young. Migratory birds include geese, ducks, shorebirds, raptors, songbirds, wading birds, seabirds, and passerine birds (such as warblers, flycatchers, swallows, etc.). For white-tailed kites, preconstruction surveys shall focus on tree tops 15-59 feet above the ground in oak, willow, eucalyptus, cottonwood or other deciduous trees, whenever white-tailed kites are noted on site or within the vicinity of the project site during the nesting season. a. If common birds are found nesting within 75 feet of the project site, a setback of 75 feet from nesting areas shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave nests. This setback applies whenever construction or other ground -disturbing activities are proposed around known occupied nests. Setbacks shall be marked by brightly colored temporary fencing. b. If Swainson's hawk nest trees have been retained pursuant to condition C (below), a preconstruction survey for active Swainson's hawk nests shall be conducted prior to construction for all construction activities occurring between February 15th and September 1St. All construction activities shall remain a distance of two times the dripline of the tree from any occupied Swainson's hawk nest during construction activities. c. Raptors (other than Swainson's hawk). If other nesting raptors are found on the project site, the project proponent shall install brightly colored temporary fencing as necessary to maintain setbacks consistent with the SJMSCP as follows: Species Setback (SJMSCP Citation) White-tailed kite 100' (5.2.4.19) Cooper's hawk 100' (5.2.4.19) Sharp -shinned hawk 100' (5.2.4.18) 0 Page 3 C. Prior to Commencing Construction to Occur Between September 1" and February 15th: The Project Proponent has the option of retaining known or potential Swainson's hawk nest trees (i.e., trees in which are known to have nested within the past three years or trees, such as large oaks, which the hawks prefer) or removing the nest trees. If the project proponent opts to retain a nest tree and the nest tree becomes occupied during construction activities, then all construction activities shall remain a distance of two times the dripline of the tree, as measured from the nest. If the Project Proponent elects to remove a nest tree, then nest trees shall be removed between September 1 and February 15th, when nests are unoccupied. During project construction: All food -related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in closed containers and removed at least once a week from the construction site. In reliance on the Section 10(a)(1)(13) Permit issued by the United States Fish and Wildlife Service and the Section 2081(b) Incidental Take Permit issued by the California Department of Fish and Wildlife, San Joaquin County has consulted with and agreed to allow coverage pursuant to the SJMSCP for the Phillips Farms Expansion Project (PA -1300118), its successors, agents and assigns pursuant to the "Implementation Agreement for the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan" which will allow the Phillips Farms Expansion Project (PA -1300118), its successors, agents and assigns to construct, operate and maintain the Project commonly known as the Phillips Farms Expansion Project (PA-1300118)and located on Assessor Parcel Numbers 055-160-50, -41 which could result in a legally permitted Incidental Take of the SJMSCP Covered Species in accordance with and subject to the terms and conditions of the Phillips Farms Expansion Project (PA-1300118)approved by San Joaquin County. This Certification applies only to activities on the subject parcel(s) which are carried out in full compliance with the approved plans for the Phillips Farms Expansion Project (PA -1300118), Section 10(a)(1)(13) Permit, and Section 2081(b) Incidental Take Permit conditions. I have read, acknowledge, and agree to the preceding conditions: Project Proponent for the Phillips Farms Expansion Project (PA -1300118) Date Please Print Name Here FOR SJCOG, Inc. Use Only: SJCOG, Inc. Staff Signature Official Date of Issuance SJCOG, Inc. Staff Print Name Here Mitigation Due Date CALIFORNIA Water Boards - Central Valley Regional Water Quality Control Board 3 September 2014 rye' EDMUND G. BROWN JR. GOVERNOR MATTHEW ODRIQUEZ F SECRETARY FOR ENVIRONMENTAL PROTECTION Craig Hoffman CERTIFIED MAIL City of Lodi 7014 1200 0000 7154 3625 P.O. Box 3006 Lodi, CA 95241 COMMENTS TO REQUEST FOR REVIEW FOR THE DRAFT MITIGATED NEGATIVE DECLARATION, CITY OF LODI INDUSTRIAL WASTEWATER PIPELINE EXTENSION PROJECT, SAN JOAQUIN COUNTY Pursuant to the City of Lodi's 26 August 2014 request, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) has reviewed the Request for Review for the Draft Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension Project, located in San Joaquin County. Our agency is delegated with the responsibility of protecting the quality of surface and groundwaters of the state; therefore our comments will address concerns surrounding those issues. Construction Storm Water General Permit Dischargers whose project disturb one. or more acres of soil or where projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Storm Water Discharges Associated with Construction Activities (Construction General Permit), Construction General Permit Order No. 2009-009-DWQ, Construction activity subject to this permit includes clearing, grading, grubbing, disturbances to the ground, such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). For more information on the Construction General Permit, visit the State Water Resources Control Board website at: http://www.waterboards.ca.gov/water issues/programs/stormwater/constpermits.shtm1. KARL E. LONOLEY SCD, P.E., CNAIR I PAMELA C. CREEDON P.E., BCEE, EXECUTIVE OFFICER 11020 Sun Center Drive #200, Rancho Cordova, CA 95670 1 www.waterboards.ca.gov/centralvaliey !C# RECYCLED PAPER City of Lodi Industrial Wastewater Pipeline Extension Project - 2 - 3 September 2014 San Joaquin County Phase I and II Municipal Separate Storm Sewer System (MS4) Permits' The Phase I and II MS4 permits require the Permittees reduce pollutants and runoff flows from new development and redevelopment using Best Management Practices (BMPs) to the maximum extent practicable (MEP). MS4 Permittees have their own development standards, also known as Low Impact Development (LID)/post-construction standards that include a hydromodification component. The MS4 permits also require specific design concepts for LID/post-construction BMPs in the early stages of a project during the entitlement and CEQA process and the development plan review process. For more information on which Phase I MS4 Permit this project applies to, visit the Central Valley Water Board website at: http://www.waterboards.ca.gov/centralvalley/water issues/storm_water/municipal_permits/. For more information on the Phase II MS4 permit and who it applies to, visit the State Water Resources Control Board at: http://www.waterboards.ca.gov/water issues/programs/stormwater/phase_ii_municipal.shtml Industrial Storm Water General Permit Storm water discharges associated with industrial sites must comply with the regulations contained in the Industrial Storm Water General Permit Order No. 97-03-DWQ. For more information on the Industrial Storm Water General Permit, visit the Central Valley Water Board website at: http://www.waterboards.ca.gov/centralvalley/water issues/storm_water/industrial_general_perm its/index.shtml. Clean Water Act Section 404 Permit If the project will involve the discharge of dredged or fill material in navigable waters or wetlands, a permit pursuant to Section 404 of the Clean Water Act may be needed from the United States Army Corps of Engineers (USACOE). If a Section 404 permit is required by the USACOE, the Central Valley Water Board will review the permit application to ensure that discharge will not violate water quality standards. If the project requires surface water drainage realignment, the applicant is advised to contact the Department of Fish and Game for information on Streambed Alteration Permit requirements. If you have any questions regarding the Clean Water Act Section 404 permits, please contact the Regulatory Division of the Sacramento District of USACOE at (916) 557-5250. 1 Municipal Permits = The Phase I Municipal Separate Storm Water System (MS4) Permit covers medium sized Municipalities (serving between 100,000 and 250,000 people) and large sized municipalities (serving over 250,000 people). The Phase II MS4 provides coverage for small municipalities, including non-traditional Small MS4s, which include military bases, public campuses, prisons and hospitals. City of Lodi Industrial Wastewater Pipeline Extension Project - 3 - 3 September 2014 San Joaquin County Clean Water Act Section 401 Permit — Water Quality Certification If an USACOE permit, or any other federal permit, is required for this project due to the disturbance of waters of the United States (such as streams and wetlands), then a Water Quality Certification must be obtained from the Central Valley Water Board prior to initiation of project activities. There are no waivers for 401 Water Quality Certifications. Waste Discharge Requirements If USACOE determines that only non jurisdictional waters of the State (i.e., "non-federal' waters of the State) are present in the proposed project area, the proposed project will require a Waste Discharge Requirement (WDR) permit to be issued by Central Valley Water Board. Under the California Porter -Cologne Water Quality Control Act, discharges to all waters of the State, including all wetlands and other waters of the State including, but not limited to, isolated wetlands, are subject to State regulation. For more information on the Water Quality Certification and WDR processes, visit the Central Valley Water Board website at: http://www.waterboards.ca.gov/centralvalley/help/business_help/perm it2.shtmi. Low or Limited Threat General NPDES Permit If the proposed project includes construction dewatering and it is necessary to discharge the groundwater to waters of the United States, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. Dewatering discharges are typically considered a low or limited threat to water quality and may be covered under the General Order for Dewatering and Other Low Threat Discharges to Surface Waters (Low Threat General Order) or the General Order for Limited Threat Discharges of Treated/Untreated Groundwater from Cleanup Sites, Wastewater from Superch/orination Projects, and Other Limited Threat Wastewaters to Surface Water (Limited Threat General Order). A complete application must be submitted to the Central Valley Water Board to obtain coverage under these General NPDES permits. For more information regarding the Low Threat General Order and the application process, visit the Central Valley Water Board website at: http://www.waterboards. ca.gov/centralvalley/board_decisions/adopted_orders/general_orders/r5 -2013-0074. pdf For more information regarding the Limited Threat General Order and the application process, visit the Central Valley Water Board website at: http://www.waterboards.ca. gov/centralvalley/board_decisions/adopted_orders/general_orders/r5 -2013-0073. pdf City of Lodi Industrial Wastewater Pipeline Extension Project - 4 - 3 September 2014 San Joaquin County If you have questions regarding these comments, please contact me at (916) 464-4684 or tcleca.gov. 77 0-&� Trevor Cleak Environmental Scientist San Joaquin Valley AIR POLLUTION CONTROL DISTRICT September 4, 2014 Craig Hoffman City of Lodi Community Development Department 221 West Pine Street Lodi, CA 95240 MEN HEALTHY AIR LIVING' Agency Project: File Number: 2014-23 ND City of Lodi Industrial Wastewater Pipeline Extension District CEQA Reference No: 20140671 Dear Mr. Hoffman: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above consisting of an approximately 11,500 foot long industrial wastewater force main within existing county road right-of-way to the City of Lodi industrial wastewater line. The Michael/David Winery (Winery) is proposing to build an industrial wastewater collection and booster pump facility on existing Winery property. The project would also include a recycled waterline pipe within the same trench for future service to reduce groundwater pumping on the Winery property. The proposed private and public facilities will eliminate the need for approximately 150 truck trips per year to haul winery wastewater to Lodi's White Slough Wastewater Treatment Plant. The District offers the following comments: Based on information provided to the District, project specific emissions of criteria pollutants are not expected to exceed District significance thresholds of 10 tons/year NOX, 10 tons/year ROG, and 15 tons/year PM10. Therefore, the District concludes that project specific criteria pollutant emissions would have no significant adverse impact on air quality. 2. Based on the information provided to the District, the District has determined that the project is not subject to District Rule 9510 Indirect Source Review (ISR). Seyed Sadredin Executive Director/Air Pollution Control Officer Northern Region Central Region (Main Office) Southern Region 4800 Enterprise Way 1990 E. Gettysburg Avenue 34946 Flyover Court Modesto, CA 95356.8718 Fresno, CA 93726.0244 Bakersfield, CA 93308.9725 Tel: (209) 557.6400 FAX: (209) 557.6475 Tel: (559) 230.6000 FAX: (559) 230.6061 Tel: 661.392.5500 FAX: 661.392.5585 www.valleyair.org www.healthyairliving.com a Printed on recycled paper. District CEQA Reference No: 20140671 Page 2 of 2 3. The proposed project may be subject to District Rules and Regulations, including: Regulation VIII (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations), and Rule 4702 (Internal Combustion Engines). The above list of rules is neither exhaustive nor exclusive. More information regarding compliance with District rules and regulation can be obtained by visiting the District's website: • Complete listing of all current District rules and regulation: http://www.valleyair.org/rules/1 ruleslist.htm; • Information on controlling fugitive dust emissions: http://www.valleyair.org/busind/comply/PM10/compliance PM10.htm; 4. The District recommends that a copy of the District's comments be provided to the project proponent. If you have any questions or require further information, please call Georgia Stewart, at (559) 230-5937. Sincerely, Arnaud Marjollet Director of Permit Services 94e,#IvAe�;�V For: Chay Thao Program Manager AM: gs Water Boards State Water Resources Control Board SEP 1 1 2014 Craig Hoffman City of Lodi — Community Development Department 221 West Pine Street Lodi, CA 95240 Dear Mr. Hoffman: EDMUND G. BROWN JR. *. GOVERNOR MATTHEW ODRIOUEZ *a F SECRETARY FOR ENVIRONMENTAL PROTECTION INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR CITY OF LODI COMMUNITY DEVELOPMENT DEPARTMENT (CITY); CITY OF LODI INDUSTRIAL WASTEWATER PIPELINE EXTENSION (PROJECT); SAN JOAQUIN COUNTY; STATE CLEARINGHOUSE NO. 2014082067 We understand that the City may be pursuing Clean Water State Revolving Fund (CWSRF) financing for this Project. As a funding agency and a state agency with jurisdiction by law to preserve, enhance, and restore the quality of California's water resources, the State Water Resources Control Board (State Water Board) is providing the following information and comments for the environmental document prepared for the Project. The State Water Board, Division of Financial Assistance, is responsible for administering the CWSRF Program. The primary purpose for the CWSRF Program is to implement the Clean Water Act and various state laws by providing financial assistance for wastewater treatment facilities necessary to prevent water pollution, recycle water, correct nonpoint source and storm drainage pollution problems, provide for estuary enhancement, and thereby protect and promote health, safety and welfare of the inhabitants of the state. The CWSRF Program provides low-interest funding equal to one-half of the most recent State General Obligation Bond Rates with a 30 -year term. Applications are accepted and processed continuously. Please refer to the State Water Board's CWSRF website at: www.waterboards.ca.gov/water issues/programs/grants loans/srf/index.shtml. The CWSRF Program is partially funded by the United States Environmental Protection Agency and requires additional "CEQA-Plus" environmental documentation and review. Three enclosures are included that further explain the CWSRF Program environmental review process and the additional federal requirements. For the complete environmental application package, please visit: http://www waterboards ca -gov/water issues/programs/grants loans/srf/srf forms.shtml. The State Water Board is required to consult directly with agencies responsible for implementing federal environmental laws and regulations. Any environmental issues raised by federal agencies or their representatives will need to be resolved prior to State Water Board approval of a CWSRF financing commitment for the proposed Project. For further information on the CWSRF Program, please contact Mr. Ahmad Kashkoli, at (916) 341-5855. It is important to note that prior to a CWSRF financing commitment, projects are subject to provisions of the Federal Endangered Species Act (ESA), and must obtain Section 7 clearance from the United States Department of the Interior, Fish and Wildlife Service (USFWS), and/or the United States Department of Commerce. National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NMFS) for any potential effects to special status species. FELICIA MARCUS, CHAIR I THOMAS HOWARD, EXECUTIVE DIRECTOR 1001 1 Street, Sacramento, CA 95814 I Mailing Address: P.O. Box 100, Sacramento, Ca 95812-0100 1 www.waterboards.ca.gov 4ri RECYCLED PAPER 2 Please be advised that the State Water Board will consult with the USFWS, and/or the NMFS regarding all federal special -status species that the Project has the potential to impact if the Project is to be financed by the CWSRF Program. The City will need to identify whether the Project will involve any direct effects from construction activities, or indirect effects such as growth inducement, that may affect federally listed threatened, endangered, or candidate species that are known, or have a potential to occur in the Project site, in the surrounding areas, or in the service area, and to identify applicable conservation measures to reduce such effects. In addition, CWSRF projects must comply with federal laws pertaining to cultural resources, specifically Section 106 of the National Historic Preservation Act (Section 106). The State Water Board has responsibility for ensuring compliance with Section 106 and the State Water Board must consult directly with the California State Historic Preservation Officer (SHPO). SHPO consultation is initiated when sufficient information is provided by the CWSRF applicant. The City must retain a consultant that meets the Secretary of the Interior's Professional Qualifications Standards (http://www.nps.gov/history/local-law/arch stnds 9.htm) to prepare a Section 106 compliance report. Note that the City will need to identify the Area of Potential Effects (APE), including construction and staging areas, and the depth of any excavation. The APE is three-dimensional and includes all areas that may be affected by the Project. The APE includes the surface area and extends below ground to the depth of any Project excavations. The records search request should extend to a Y2 -mile beyond Project APE. The appropriate area varies for different projects but should be drawn large enough to provide information on what types of sites may exist in the vicinity. Other federal environmental requirements pertinent to the Project under the CWSRF Program include the following (for a complete list of all environmental requirements please visit: http://www.waterboards.ca.gov/water issues/programs/grants loans/srf/docs/forms/application environ mental package.pdfl: A. Compliance with the Federal Clean Air Act: (a) Provide air quality studies that may have been done for the Project; and (b) if the Project is in a nonattainment area or attainment area subject to a maintenance plan; (i) provide a summary of the estimated emissions (in tons per year) that are expected from both the construction and operation of the Project for each federal criteria pollutant in a nonattainment or maintenance area, and indicate if the nonattainment designation is moderate, serious, or severe (if applicable); (ii) if emissions are above the federal de minimis levels, but the Project is sized to meet only the needs of current population projections that are used in the approved State Implementation Plan for air quality, quantitatively indicate how the proposed capacity increase was calculated using population projections. B. Protection of Wetlands: Identify any portion of the proposed Project area that should be evaluated for wetlands or United States waters delineation by the United States Army Corps of Engineers (USACE), or requires a permit from the USACE, and identify the status of coordination with the USACE. C. Compliance with the Farmland Protection Policy Act: Identify whether the Project will result in the conversion of farmland. State the status of farmland (Prime, Unique, or Local Statewide Importance) in the Project area and determine if this area is under a Williamson Act Contract. D. Compliance with the Migratory Bird Treaty Act: List any birds protected under this act that may be impacted by the Project and identify conservation measures to minimize impacts. E. Compliance with the Flood Plain Management Act: Identify whether or not the Project is in a Flood Management Zone and include a copy of the Federal Emergency Management Agency flood zone maps for the area. 2 3 F. Compliance with the Wild and Scenic Rivers Act: Identify whether or not any Wild and Scenic Rivers would be potentially impacted by the Project and include conservation measures to minimize such impacts. Following are specific comments on the City's draft IS/MND: 1. In the table of contents on page 8, there is a "List of Exhibits." Please ensure that the figure numbers and titles within this list match the figure numbers and titles on the corresponding exhibits. 2. Please address every question in each section of the environmental checklist individually. Use appropriate letters "a." — "e." one at a time to match questions to their responses, rather than grouping responses "a. -e.)". 3. In the air quality section starting on page 21, please provide a table modeling the estimated air pollutants and greenhouse gas emissions from construction activities and operating practices after construction is complete. Compare these values to the thresholds of significance established on page 22. 4. Please include a Mitigation Monitoring and Reporting Program to the Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension Project. 5. Please provide records indicating that consultation with Native American Tribes has been conducted for this Project. 6. Pages 34 and 35 mention a "Project design" along with soil reports and borings. Please include reference to this Project design in the IS/MND. 7. Section "c." in the Geology and Soils section on page 34 is not addressed, and the responses to parts "d." and "e." are mislabeled as "c." and "d.", respectively. Please correct this by providing an explanation for section "c." and relabeling the other sections accordingly. 8. Pages 35, 38 and 39 mention a Stormwater Pollution Prevention Plan (SWPP) which will mitigate water quality degradation. Please include the specifics of this plan for its use in construction activities. 9. Page 44 states "The Michael/David Winery has been approved by San Joaquin County for the exiting operation..."; "exiting" should be corrected to "existing." Please provide us with the following documents applicable to the proposed Project if seeking CWSRF or other State Water Board funding: (1) one copy of the draft and final IS/MND, (2) the resolution adopting the IS/MND and a Mitigation Monitoring and Reporting Program (MMRP) making California Environmental Quality Act (CEQA) findings, (3) all comments received during the review period and the City's response to those comments, (4) the adopted MMRP, and (5) the Notice of Determination filed with the San Joaquin County Clerk and the Governor's Office of Planning and Research, State Clearinghouse. In addition, we would appreciate notices of any hearings or meetings held regarding environmental review of any projects to be funded by the State Water Board. 3 4 Thank you for the opportunity to review the City's draft IS/MND. If you have any questions or concerns, please feel free to contact me at (916) 341-5799, or by email at Elysar.Naia(&waterboards.ca.gov, or contact Ahmad Kashkoli at (916) 341-5855, or by email at Ahmad. Kashkoli(&-waterboards. ca.gov. Sincerely, � Letxy Ahmad Kashkoli Senior Environmental Scientist Enclosures (3) 1. Clean Water State Revolving Fund Environmental Review Requirements 2. Quick Reference Guide to CEQA Requirements for State Revolving Fund Loans 3. Basic Criteria for Cultural Resources Reports cc: State Clearinghouse (Re: SCH# 2014082067) P.O. Box 3044 Sacramento, CA 95812-3044 4 Craig Hoffman From: Craig Hoffman Sent: Thursday, August 28, 2014 12:33 PM To: Richard Hartman (rehartman@sbcglobal.net); Mike Phillips (mphillips@michaeldavidwinery.com); David Phillips (dave@michaeldavidwinery.com); Jennifer Spaletta (Jennifer@spalettalaw.com); Neal Colwell (ncolwell@ksninc.com); Elizabeth R. Schlegel (eschlegel@ksninc.com) Cc: Wally Sandelin Subject: Lodi Industrial Wastewater Pipeline Design question. Hey all Got a call from Mr. Richard Dokey at 4471 Kingdon Rd. He is right at the northeast corner of Kingdon and Ray Rd. He was wondering if the pipe could go along the west side of Ray Road and then the south side of Kingdon Road. It would avoid 6 house driveways doing that. Just a heads up for design work. Thank you, Craig Hoffman Senior Planner City Of Lodi - Community Development 221 West Pine Street P.O. Box 3006 Lodi CA, 95241-1 91 0 Tel: 209-333-6800 Ex. 2649 Craig Hoffman From: Craig Hoffman Sent: Wednesday, September 03, 2014 8:28 AM To: Jennifer Spaletta (Jennifer@spalettalaw.com); Richard Hartman (rehartman@sbcglobal.net); David Phillips (dave@michaeldavidwinery.com); Mike Phillips (mphillips@michaeldavidwinery.com); Wally Sandelin; Steve Schwabauer; Janice Magdich; Neal Colwell (ncolwell@ksninc.com); Elizabeth R. Schlegel (eschlegel@ksninc.com) Subject: Wastewater Pipeline - call from Ted Petersen Ted Petersen had questions about the project. 209-747-8484 His property is at the southwest corner of Kingdon Road and Neely Road. He would like notice when the project begins and to understand what construction activities will take place in front of his property. He has a gravel driveway and is not concerned about the trenching. He is more concerned about when the construction activities take place. Thank you, Craig Hoffman Senior Planner City Of Lodi - Community Development 221 West Pine Street P.O. Box 3006 Lodi CA, 95241-1 91 0 Tel: 209-333-6800 Ex. 2649 6Ept. Of TN �p4 .... �une'•.: n SJ. STATE OF CALIFORNIA x O -.; GOVERNOR'S OFFICE of PLANNING AND RESEARCH Wo P STATE CLEARINGHOUSE AND PLANNING UNIT EDMUND G. BROWN JR. HECEIVED GovERNOR September 23, 2014 SEP 2 4 2014 Craig Hoffman City of Lodi 221 West Pine Street Lodi, CA 95240 Subject: Industrial Wastewater Pipeline Extension SCH#: 2014082067 Dear Craig Hoffman: '""'W-177rPIETELOPMENT DEPT CITY OF LODI o��`�E OF`,nryyC� y o W q N,6 ot Z KEN ALES: DiREcrm The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on September 22, 2014, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten -digit State Clearinghouse number in' future correspondence so that we may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, f ott Morgan Director, State Clearinghouse Enclosures cc: Resources Agency 140010th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov Document Details Report State Clearinghouse Data Base SCH# 2014082067 Project Title Industrial Wastewater Pipeline Extension Lead Agency ' Lodi, City of Type MND Mitigated Negative Declaration Description The City of Lodi is proposing to build an approximately 11,500 foot long industrial wastewater force main within San Joaquin County existing public rights-of-way from the south east portion of the Michael / David Winery to the City of Lodi industrial wastewater line crossing in Devries Road. Lead Agency Contact Name Craig Hoffman Agency City of Lodi Phone (209) 333-6711 email 38° 6' 55.8" N / 121 ° 22' 17.2" W Address 221 West Pine Street City Lodi Fax State CA Zip 95240 Project Location County San Joaquin City Lodi Region Railways Lat / Long 38° 6' 55.8" N / 121 ° 22' 17.2" W Cross Streets Highway 12 and Ray Road Parcel No. 055-160-29 Township Range Section Base Proximity to: Highways Hwy 12 and 1-5 Airports Kingdon Airpark Railways UPRR Waterways White Slough Schools Land Use Public road right-of-way in agricultural area Project Issues Air Quality; Archaeologic -Historic; Biological Resources; Geologic/Seismic; Public Services; Traffic/Circulation; Water Quality Reviewing Resources Agency; Department of Conservation; Department of Fish and Wildlife, Region 2; Delta Agencies Protection Commission; Office of Historic Preservation; Department of Parks and Recreation; Department of Water Resources; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans, District 10; Air Resources Board; State Water Resources Control Board, Divison of Financial Assistance; Regional Water Quality Control Bd., Region 5 (Sacramento); Native American, Heritage Commission; Public Utilities Commission Date Received 08/22/2014 Start of Review 08/22/2014 End of Review 09/22/2014 Exhibit C Mitigation Monitoring and Reporting Plan Mitigation Monitoring and Reporting Program Initial Study/ Mitigated Negative Declaration For the City of Lodi Industrial Wastewater Pipeline Extension Prepared by the City of Lodi Community Development Department 221 West Pine Street Lodi, CA 95240 October 2014 PROJECT TITLE: City of Lodi Industrial Wastewater Pipeline Extension FILE NUMBER: 2014-23 ND LEAD AGENCY NAME AND ADDRESS: City of Lodi Community Development Department 221 West Pine Street Lodi, CA 9540 CONTACT PERSONS: Environmental document: Craig Hoffman: 209-333-6711 PROJECT LOCATION The Project is located in unincorporated northern San Joaquin County and to the west of the City of Lodi. The Project begins at the existing Michael/David Winery (4580 W. Highway 12) south of State Route 12 and follows existing public right-of-ways for Ray Road, Neeley Road, Treadway Road and Devries Road. A regional and location map is included as Figures 1 and 2. The proposed Project takes place within the boundaries of existing San Joaquin County public road rights-of-way. PROJECT DESCRIPTION: The City of Lodi is proposing to build an approximately 11,500 foot long industrial wastewater force main and recycled water line in the same trench within San Joaquin County existing public rights-of—way from the south east portion of the Michael/David Winery to the City of Lodi industrial wastewater line crossing in Devries Road (Project). Currently Winery production requires that approximately one million gallons of winery wastewater per year to be conveyed via tanker trucks to City's White Slough Wastewater Treatment Plant. Since typical transport trucks can convey approximately 6,500 gallons per trip, installation of the proposed private and public facilities will eliminate the need for approximately 150 truck trips per year. Winery is proposing to build an industrial wastewater collection and booster pump facility on existing Winery property and the City of Lodi is proposing to construct an approximately 11,500 foot long force main within existing county road right-of—way to the City of Lodi industrial wastewater line. The project would also include a recycled waterline pipe within the same trench for future service to reduce groundwater pumping on the Winery property. PROJECT SPONSOR'S NAME AND ADDRESS: City of Lodi, Community Development Department 221 W. Pine Street Lodi CA 95240 All mitigation measures shall be noted on improvement plans and with construction documents for review and implementation processes. Air Quality Mitigation 1 The City shall not begin construction activities until first securing appropriate permits from the San Joaquin Valley Air Control District. The Project will be required to submit an Air Impact Assessment before issuance of construction permit. This assessment will be based upon construction qualities and will determine appropriate air mitigation fees. The San Joaquin Valley Air Control District has identified this project is below the threshold, Air Quality Mitigation 1 is not required. Mitigation Measure Time Frame for Responsible Implementation & Monitoring Monitoring Agency Verification of Compliance Initials Date Remarks Air Quality Mitigation 1 Pre -Construction City of Lodi Air Quality Mitigation 2 • Construction of the proposed Project shall comply with all applicable regulations specified in the San Joaquin Valley Air Pollution Control District Regulation VIII (Fugitive Dust Rules), including, but not limited to, compliance with the following mitigation measures: — Visible Dust Emissions (VDE) from construction, demolition, excavation or other earthmoving activities related to the Project shall be limited to 20% opacity or less, as defined in Rule 8011, Appendix A. — Pre -water all land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and phase earthmoving. — Apply water, chemical/organic stabilizer/suppressant, or vegetative ground cover to all disturbed areas, including unpaved roads. — Restrict vehicular access to the disturbance area during periods of inactivity. — Apply water or chemical/organic stabilizers/suppressants, construct wind barriers and/or cover exposed potentially dust - generating materials. — When materials are transported off-site, stabilize and cover all materials to be transported and maintain six inches of freeboard space from the top of the container. — Remove carryout and trackout of soil materials on a daily basis unless it extends more than 50 feet from site; carryout and trackout extending more than 50 feet from the site shall be removed immediately. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden. If the Project would involve more than 150 construction vehicle trips per day onto the public street, additional restrictions specified in Section 5.8 of Rule 8041 shall apply. — Traffic speeds on unpaved roads shall be limited to 15 mph. • During construction, all grading activities shall cease during periods of high winds (i.e., greater than 30 mph). To assure compliance with this measure, grading activities are subject to periodic inspections by City staff. • Construction equipment shall be kept in proper operating condition, including proper engine tuning and exhaust control systems. • Areas following clearing, grubbing and/or grading shall receive appropriate BMP treatments (e.g., re -vegetation, mulching, covering with tarps, etc.) to prevent fugitive dust generation. • All exposed soil or material stockpiles that will not be used within 3 days shall be enclosed, covered, or watered twice daily, or shall be stabilized with approved nontoxic chemical soil binders at a rate to be determined by the on-site construction supervisor. • Unpaved access roads shall be stabilized via frequent watering, non-toxic chemical stabilization, temporary paving, or equivalent measures at a rate to be determined by the on-site construction supervisor. • Trucks transporting materials to and from the site shall allow for at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). Alternatively, trucks transporting materials shall be covered. • Where visible soil material is tracked onto adjacent public paved roads, the paved roads shall be swept and debris shall be returned to the construction site or transported off site for disposal. • Wheel washers, dirt knock -off grates/mats, or equivalent measures shall be installed within the construction site where vehicles exit unpaved roads onto paved roads. • Diesel powered construction equipment shall be maintained in accordance with manufacturer's requirements, and shall be retrofitted with diesel particulate filters where available and practicable. • Heavy duty diesel trucks and gasoline powered equipment shall be turned off if idling is anticipated to last for more than 5 minutes. • Where feasible, the construction contractor shall use alternatively fueled construction equipment, such as electric or natural gas - powered equipment or biofuel. • Heavy construction equipment shall use low NOx diesel fuel to the extent that it is readily available at the time of construction. • The construction contractor shall maintain signage along the construction perimeter with the name and telephone number of the individual in charge of implementing the construction emissions mitigation plan, and with the telephone number of the SJVAPCD's complaint line. The contractor's representative shall maintain a log of any public complaints and corrective actions taken to resolve complaints. • During grading and site preparation activities, exposed soil areas shall be stabilized via frequent watering, non-toxic chemical stabilization, or equivalent measures at a rate to be determined by the on-site construction supervisor. During windy days when fugitive dust can be observed leaving the construction site, additional applications of water shall be required at a rate to be determined by the onsite construction supervisor. This mitigation measure shall be a note on improvement and building plans. Mitigation Measure Time Frame for Responsible Implementation & Monitoring Monitoring Agency Verification of Compliance Initials Date Remarks Air Quality Mitigation 2 Pre -Construction City of Lodi Biological Resources Mitigation Measure 1 The Project shall participate in the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan. The Project shall coordinate with San Joaquin Council of Governments (555 E. Weber Avenue, Stockton, CA 95202), prior to any construction activities. Inclusion within the plan is required prior to construction. Mitigation Measure Time Frame for Responsible Implementation & Monitoring Monitoring Agency Verification of Compliance Initials Date Remarks Biological Resources Pre -Construction City of Lodi Mitigation Measure 1 Biological Resources Mitigation Measure 2 - Preconstruction Survey Requirement A qualified biologist shall conduct a preconstruction clearance survey for special -status species and migratory birds in all potential habitats throughout the project area; thus, any action that disrupts surface soils (e.g., clearing and grubbing, rough grading, excavation, compaction for temporary staging areas or permanent construction sites) shall be subject to a preconstruction survey. Surveys shall be undertaken not more than 30 days prior to ground disturbing activity to ensure avoidance during construction. All areas within 250 feet of the project area shall be surveyed where site access and visibility allows. If no special -status species or migratory birds are present, further mitigation is not necessary. If any special -status species and/or migratory birds are found nesting on-site, the biologist shall implement protective measures to ensure that animals are not adversely affected, and construction does not commence until the biologist has determined no harm would result to breeding animals as a result of construction. Written results of the preconstruction survey shall be submitted to the City of Lodi and San Joaquin County Council of Governments Habitat Conservation Program. Mitigation Measure Time Frame for Responsible Implementation & Monitoring Monitoring Agency Verification of Compliance Initials Date Remarks Biological Resources Pre -Construction City of Lodi Mitigation Measure 2 Cultural Resources Mitigation Measure 1 If evidence of an archaeological site or other suspected historical resource as defined in CEQA Guidelines section 15064.5, including midden, that could conceal material remains (e.g., worked stone, fired clay vessels, faunal bone, hearths, storage pits, or burials) are discovered during Project -related earth -moving activities, all ground disturbing activity within 100 feet of the resources shall be halted and the City of Lodi shall be notified within 24 hours of the discovery. The Project applicant shall hire a qualified archaeologist to assess the significance of the find. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A -L) forms and filed with the Central California Information Center. If the resource is a historical resource or unique archaeological resource which cannot be avoided, a qualified archaeologist shall prepare a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the resource. Mitigation Measure Time Frame for Responsible Implementation & Monitoring Monitoring Agency Verification of Compliance Initials Date Remarks Cultural Resources Mitigation During Construction City of Lodi Measure 1 Cultural Resources Mitigation Measure 2 Should paleontological resources be identified on the Project site during any ground disturbing activities related to the Project, all ground disturbing activities within 100 feet of the discovery shall cease and the City of Lodi shall be notified within 24 hours of the discovery. The Project applicant shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less than- significant level. In considering any suggested mitigation proposed by the consulting paleontologist, the Project applicant shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, Project design, costs, specific plan policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out. Mitigation Measure Time Frame for Responsible Implementation & Monitoring Monitoring Agency Verification of Compliance Initials Date Remarks Cultural Resources Mitigation During Construction City of Lodi Measure 2 Cultural Resources Mitigation Measure 3 If human remains (including disarticulated or cremated remains) are discovered at any Project construction sites during any phase of construction, all ground -disturbing activity within 100 feet of the resources shall be halted and the City of Lodi and the San Joaquin County coroner shall be notified immediately. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The Project applicant shall retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The Project applicant will be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of state law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The Project applicant shall implement approved mitigation before the resumption of ground -disturbing activities within 100 feet of where the remains were discovered. Mitigation Measure Time Frame for Responsible Implementation & Monitoring Monitoring Agency Verification of Compliance Initials Date Remarks Cultural Resources Mitigation During Construction City of Lodi Measure 3 Exhibit D Resolution RESOLUTION NO. 2014-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI CERTIFYING THE FINAL MITIGATED NEGATIVE DECLARATION AND ADOPTING MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CITY OF LODI INDUSTRIAL WASTEWATER PIPELINE EXTENSION PROJECT; STATECLEARING HOUSE NO. 2010112055 WHEREAS, the City Council of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested project environmental document in accordance with Government Code sections 65090, 65091 and 65094; and WHEREAS, the Project proponent is the City of Lodi; and WHEREAS, the project is located in unincorporated northern San Joaquin County and to the west of the City of Lodi. The project begins at the existing Michael -David Winery (4580 West Highway 12) south of State Route 12 and follows existing public right-of-ways for Ray Road, Neeley Road, Treadway Road and Devries Road; and WHEREAS, an Initial Study/Mitigated Negative Declaration (File No. 2014-23 ND) was prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines provided thereunder. The Community Development Department has determined that all environmental impacts that result from this project can be mitigated to a less than significant level; and WHEREAS, on August 22, 2014, the Notice of Availability (NOA) of the Draft Initial study/Mitigated Negative Declaration was prepared and distributed to the State Clearing House, reviewing agencies, responsible agencies, trustee agencies, and the County Clerk in which the project is located, as well as all persons requesting notice; and WHEREAS, the Notice of Availability for the proposed Mitigated Negative Declaration was published in the Lodi News Sentinel on August 26, 2014; and WHEREAS, on August 26, 2014 the Notice of Availability (NOA) of the Draft Initial study/Mitigated Negative Declaration was distributed to property owners within 300 feet of the project boundary; and WHEREAS, the required 30 -day review period for this project commenced on Tuesday, August 26, 2014, and ended on Friday, September 26, 2014; and WHEREAS, the City received six written comments during the public review period and the comments were responded to and incorporated into the Final Mitigated Negative Declaration; and WHEREAS, on October 1, 2014, the City Council of the City of Lodi held a duly noticed public hearing to consider certification of the Final Mitigated Negative Declaration (2014-23 ND) and associated Mitigation Monitoring and Reporting Program as adequate environmental: documentation for the project pursuant to CEQA; and WHEREAS, on October 1, 2014, the City Council of the City of Lodi considered all oral and written comments received at or prior to the public hearing on the matter and has determined that the Final Mitigated Negative Declaration (2014.23 ND) and associated Mitigation Monitoring and Reporting Program are adequate environmental documentation for the project; and WHEREAS, staff recommends that the City Council approve the filing of a Mitigated Negative Declaration by the Community Development Director as adequate environmental documentation for the City of Lodi Industrial Wastewater Pipeline Extension project; and WHEREAS, all legal prerequisites to the approval of this request have occurred. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council has reviewed all documentation and hereby adopts the Final Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program as adequate environmental documentation for the City of Lodi Industrial Wastewater Pipeline Extension project. Dated: October 1, 2014 I hereby certify that Resolution No. 2014-185 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 1, 2014, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Katzakian ABSTAIN: COUNCIL MEMBERS — None �,� r VIFER�M. ROBION City Clerk 2014-185 City of Lodi P.O. Box 3006 Lodi, California 95241 To whom it may concern, 9/26/2014 I, Michael Rego, owner of properties on Neeley Road and Tredway Road, would like to express my displeasure with the proposed pipeline along Kingdon Road and Neeley Road. Nearby neighbors that have properties that will also be affected by this proposal, are greatly displeased as well. Our concern with pipeline running through our properties is that it will disrupt our current farming practices. My request, along with the neighboring property owners that are also involved is to have the pipeline moved to the Ray Road pipeline proposal. The Ray Road proposal will effect less owns and be more cost effective. If need be, I can provide owners signatures on Neely Road. Thank you for your time regarding this problem. Sincerely, 11 r Michael Rego SUBJECT: PUBLISH DATE: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS PUBLIC HEARING TO CONSIDER CERTIFING A MITIGATED NEGATIVE DECLARATION FOR THE CITY OF LODI INDUSTRIAL WASTEWATER PIPELINE EXTENSION SATURDAY, SEPTEMBER 6, 2014 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. ROBISON LNS ACCT. #0510052 CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, SEPTEMBER 4, 2014 ORDERED BY: JENNIFER M. ROBISON CITY CLERK CJJAA�_ r NIFER rV ROBISON, CMC ELENA STODDARD TY CLERK ADMINISTRATIVE CLERK Faxed to the Sentinel at 369-1084 at (time) on (date) (pages) t.NS Phoned to confirm reoelpt of all pages at ' (time) JMR ES (Initials) formsladvins.doc DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER CERTIFING A MITIGATED NEGATIVE DECLARATION FOR THE CITY OF LODI INDUSTRIAL WASTEWATER PIPELINE EXTENSION On Thursday, September 4, 2014, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to Consider Certifing a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension (attached and marked as Exhibit A) was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjury that the foregoing is true and correct. Executed on September 4, 2014, at Lodi, California. r Qdh&wn ---1 NNIFE ROBISON, CMC ITY CLERK N:\Administration\CLERK1Forms\DECPOSTCDD.DOC ORDERED BY: JENNIFER M. ROBISON CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK DECLARATION MAILING PUBLIC HEARING TO CONSIDER CERTIFING A MITIGATED NEGATIVE DECLARATION FOR THE CITY OF LODI INDUSTRIAL WASTEWATER PIPELINE EXTENSION On Thursday, September 4, 2014, in the City of Lodi, San Joaquin County, California, deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a Notice of Public Hearing to Consider Certifing a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 4, 2014, at Lodi, California. r J NIFER ROBISON, CMC C Y CLERK Formsldecmail.doc ORDERED BY: JENNIFER M. ROBISON CITY CLERK, CITY OF LODI ELENA STODDARD ADMINISTRATIVE CLERK • CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: October 1, 2014 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Robison City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, October 1, 2014, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Certifying a Mitigated Negative Declaration for the City of Lodi Industrial Wastewater Pipeline Extension. Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: t "M' 46-1� nnifer obison ity Clerk Dated: September 3, 2014 Approved as to form: t gdich '--City..Attorney CLERMPUSHEARt NOTICESiNOTCDO.DOC 914114 Project: City of Lodi Industrial Wastewater Pipeline Extension MND Date: October 1, 2014 jEXH1B1Tg APN OWNER ADDRESS CITY STATE ZIP 055-140-15 RANDALL, SARA COLDANI 1116 W KETTLEMAN LN #19 LODI CA 95240-6047 055-160-29 PHILLIPS, DAVID J & CORENE D TR ETAL 4580 W HWY 12 LODI CA 95242 055-160-37 M & K PHILLIPS FAMILY LTD ETAL PO BOX 1658 WOODBRIDGE CA 95258-1658 055-160-41 PHILLIPS, DAVID J & CORENE D TR ETAL 4580 W HWY 12 LODI CA 95242 055-160-50 PHILLIPS, DAVID J & CORENE D TR ETAL 4580 W HWY 12 LODI CA 95242 055-160-62 BALCAO, HELEN LIMA TR ETAL 13436 N THORNTON RD LODI CA 95242 055-160-63 HERNANDFZ, SAM & SUE TR 4579 W KINGDON RD LODI CA 95242 055-170-09 MARION, FRANK 1403 VISTA DR LODI CA 95242-3587 055-170-12 RANDALL, SARA M 11 10 W KETTLEMAN LN #19 LODI CA 95240-6047 055-170-13 GATES, JOHN A 4205 W KINGDOM RD LODI CA 95242 055-170-15 LIMA, HELEN M TR ETAL 13438 N THORNTON RD LODI CA 95242 055-170-16 DOKEY, RICHARD D TR 4471 W KINGDON RD LODI CA 95242-9507 055-170-17 RATHBUN, MICHAEL C & MARY K 14200 N RAY RD LODI CA 95242 055-170-18 KIBLER, GERALDINE K TR 14250 N RAY RD LODI CA 95242-9539 055-170-21 SINGH, INDER 14444 RAY RD LODI CA 95242 055-170-30 UZELAC, STEVEN C & PAMELA R TR 4289 W KINGDON RD LODI CA 95242-9507 055-170-31 BUDNIK, WILLIAM 4225 W KINGDON RD LODI CA 95242 055-170-33 REGO, MICHAEL L & SHIRLEY ATR PO BOX 2569 LODI CA 95241 055-170-36 MOORE, MARILYN R TR ETAL 15279 N DAVIS RD LODI CA 95242-9219 055-180-03 FOWLER, ROBERT C SR & BEATRICE TR ETAL 2303 CARLTON AVE STOCKTON CA 95204-4819 055-180-04 BATTH, KANWARJIT S TR 10511 S ORANGE AVE FRESNO CA 93725 055-180-08 C & C FARMS LP 4484 TREDWAY RD LODI CA 95242 055-180-13 REGO, MICHAEL L & SHIRLEY A TR PO BOX 2569 LODI CA 95241 055-180-14 REGO, MICHAEL L & SHIRLEY ATR PO BOX 2569 LODI CA 95241 055-230-02 HART, JANIS L TR PO BOX 2723 LODI CA 95241-2723 055-230-03 WAIT, NATHAN 13050 N DEVRIES RD LODI CA 95242-9436 055-230-04 ANGUTANO, DONNA M 13030 N DEVRIES RD LODI CA 95242 055-230-05 JOHNSON, CHARLES JR & DEBRA TR PO BOX 690472 STOCKTON CA 95269-0472 055-230-22 HUNTER, ROBERT G TR 16461 FRYMIRE RD OAKDALE CA 95361 055-230-45 CISNEROS, PORFIRIO S ETAL 12832 N DEVRIES RD LODI CA 95242-9541 055-230-46 CISNEROS, PORFIRIO S ETAL 12832 N DEVRIES RD LODI CA 95242-9541 055-250-15 MEATH, GREGORY THOMAS & FERNANDA 13721 N NEELEY RD LODI CA 95242 055-250-18 COS'I'AMA NA, PETER L & JOHAN J TR 17046 N DEVRIES RD LODI ICA CA 95242-9209 055-250-19 SCATENA, ELVIRA TR 3724 W KINGDON RD LODI 95242-9307 Project: City of Lodi Industrial Wastewater Pipeline Extension MND Date: October 1, 2014 APN OWNER ADDRESS CITY STATE III' 055-250-20 I'I:� 1'ERSEN, JOHN T 8c JANET" 1" E G `I'R 3838 W KINGDON RD LODI CA 95242-9430 055-250-21 Pl.." Ff."RS, DELORES N PO I30X 775 WOODE3RIDGE; CA 95258 055-250-29 MEA'Fl1,'I'IIOMAS W LF EST 13567 N NEEI,EY RD LODI CA 95242 055-350-30 MEATH, TI IOMAS W ETAL 13721 N NEF1,EY RD L,ODI CA 95242-9573 05.5-250-3 i AUSTIN, JOHN D,,'- LYNNE; TR 13859 N NEELF.Y RD LODI CA 95242 055-250-32 AUSTIN, JOHN DTR EaTAL 13859 N NEELEY RD LODI CA 95242 055-250-33 PJC. LLC 4484 W TEDWAY RD L,ODI CA 95242 055-250-34 PJC I.11.1C 4484 W TEDWAY RD LODI CA 95242