HomeMy WebLinkAboutResolutions - No. 2003-17RESOLUTION NO. 2003-17
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING A
MITIGATION MONITORING PROGRAM AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A LAND LEASE AGREEMENT WITH
CALPEAK POWER, LLC FOR THE INSTALLATION OF A POWER
GENERATION PLANT LOCATED AT THE FRED M. REID
INDUSTRIAL SUBSTATION SITE, 1215 E. THURMAN STREET
NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby
approve a Mitigation Monitoring Program for the CalPeak Power Project at 1215 E.
Thurman Street, attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED, that the Lodi City Council hereby authorizes the
City Manager to execute a land lease agreement with CalPeak Power, LLC for the
installation of a power generation plant located at the Fred M. Reid Industrial Substation
Site, 1215 E. Thurman Street,
Dated: February 5, 2003
I hereby certify that Resolution No. 2003-17 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 5, 2003, by the following
vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2003-17
EXHIBIT 4
FINAL REPORT
MITIGATION MONITORING
AND REPORTING
PROGRAM
Prepared by:
130 Robin Hill Road, Suite 100
Santa Barbara, California 93117
(805) 964-6010 Fax: (805) 964-0259
December 2002
TABLE OF CONTENTS
Section Page
1.0 INTRODUCTION..........................................................................................................1
1.1 PURPOSE OF THE NMGATION MONITORING AND REPORTING
PROGRAM.............................................................................................................1
2.0 PROGRAM MANAGEMENT...................................................................................... 3
2.1 MITIGATION MONITORING AND REPORTING PROGRAM PHASES ......... 4
2. 1.1 Design Phase............................................................................................... 4
2.1.2 Construction Phase...................................................................................... 6
2.1.3 Operational Phase........................................................................................ 6
3.0 INVENTORY OF MITIGATION MEASURES......................................................... 7
3.1
GENERAL.............................................................................................................. 7
3.2
AGRICULTURE.....................................................
:............................................... 7
3.3
AIR QUALITY .......................................................................................................
7
3.4
BIOLOGICAL RESOURCES
................................................................................. 7
3.5
CULTURAL RESOURCES....................................................................................
8
3.6
GEOTECENICAL..................................................................................................
8
3.7
HAZARDS..............................................................................................................
9
3.8
NOISE.....................................................................................................................
9
3.9
PUBLIC UTILITIES...............................................................................................
9
3.10
TRAFFIC.................................................................................................................9
3.11
VISUAL RESOURCES........................................................................................10
4.0 REFERENCES.............................................................................................................11
List of Tables
Page
Table 1 Applicable Project Phases for Implementation of Project Mitigation ..................... 5
List of Figures
Figure 1 Project Location Map
Figure 2 Site Plan
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TABLE OF CONTENTS
List of Appendices
Appendix A Sample Reporting Form
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SECTION 1.0 INTRODUCTION
The City of Lodi is the lead agency responsible for authorizing construction of the Lodi
Electric Energy Facility (LEEF). The Initial Study (IS)Wtigated Negative Declaration
(HIND) prepared for the project provides analysis of the environmental effects resulting from
the construction and operation of the I project (State Clearinghouse No. 2002102044,
November 2002).
After considering the environmental analysis provided in the MND, the City of Lodi has
issued a project site approval to construct. the LEEF. CalPeak Power -- Midway, L1.0
(CalPeak Power) proposes to construct and operate a nominal net 49 megawatt (MW)
"simple -cycle" power plant referred to as LEEF. The plant will be constructed on property
owned by the City of Lodi located at 1215 East Thurman Street, east of State Highway 99.
The parcel (Assessor's Parcel Number 049-070-75) is approximately 8.1 acres and the plant
will occupy a two -acre portion of the parcel. The property is located in an industrially zoned
portion of the City of Lodi, east of State Highway 99. A project location map and site plan
are provided in Figures 1 and 2, respectively.
The project includes a number of measures to reduce or avoid potential environmental
impacts associated with project construction and maintenance. Section 21081.6 of the Public
Resources Code requires the lead or responsible agency, which approves or. carries out a
project where an MND has identified measures to mitigate significant environmental effects,
to adopt a "reporting monitoring program for adopted or required changes to mitigate or
avoid significant environmental effects " In accordance with Section 21081.6 of the Public
Resources Code, this Mitigation Monitoring and Reporting Program (NEVIRP) has been
Prepared.
1.1 PURPOSE OF THE MITIGATION MONITORING AND REPORTING
PROGRAM
The MMItP developed for the LEEF project has been prepared in compliance with the
requirements established in the California Environmental Quality Act (CEQA). CEQA
provides that when adopting an MND, a public agency must adopt an N N4R_P for the changes
to the project which it has adopted or made condition of approval in order to mitigate or
avoid significant project -related impacts- on the environment. The MMRP is designed to
ensure compliance during implementation of the approved project through ongoing
monitoring and reporting of adopted mitigation measures. The primary goal of the MMRP is
to ensure that during final design, construction, and operation, the project will avoid or
reduce potentially significant environmental impacts.
The achievement of this goal involves the following five key actions:
5.'62 PROD MMD79M CWRX LodlANl*Wn lAMMft PM9MfF& 1 MMRPAW 1
SECTION 1.0 INTRODUCTION
• Adoption of mitigation measures as identified in this MNIRP and in the MND as
conditions of approval of the project
• Implementation of the adopted mitigation measures, as appropriate during design,
construction, and/or operation of the project'
• Implementation of a monitoring process that confirms the application of the adopted
mitigation measures
• Implementation of a monitoring process that measures the applied effectiveness of the
adopted mitigation measures
• Establishment of a review and decision process that modifies the adopted mitigation
measures or institutes new mitigation measures, as necessary, to achieve the avoidance or
reduction of significant impacts recognized in the MND
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SECTION 2.0 PROGRAM MANAGEMENT
The MMIZP for the I project will be in place through all phases of the project, including
design, construction, and operation. The City of Lodi is responsible for the overall
implementation and management of the MNIRP through the design, construction, and
operations periods. The City of Lodi includes staff familiar with the project and qualified to
determine if an adopted mitigation measure is being properly implemented. The Community
Development Director and/or assignee will be responsible for ensuring the following are
implemented:
• A M1VIRP Reporting Form is prepared for each impact and its corresponding mitigation
(see example in Appendix A).
• Appropriate specialists are retained as needed to perform or monitor specific mitigation
activities.
• MNW Reporting Forms are distributed to the appropriate parties so that specific action
items can be developed to carry out the necessary mitigation. These will be listed in the
implementation action items section of the form.
• Mitigation measures that continue into the operational phase will be incorporated into
LEEF's operational procedures.
• The Community Development Director and/or assignee will approve, by signature and
date, the completion of each action item that was identified on the MMP Reporting
Form.
All MIARP Reporting Forms for impacts requiring no further monitoring will be signed off as
completed by the Community Development Director and/or assignee at the bottom of the
MIW Reporting Form.
Unanticipated circumstances may arise requiring the refinement of mitigation measures. The
Community Development Director and/or assignee is responsible for approving any such
refinements or additions. A revised M W Reporting Form will be prepared by the
Community Development Director and/or assignee for each such addition or refinement and
provided to the appropriate design, construction, or operational personnel for compliance.
The Community Development Director and/or assignee has the authority to stop the work of
construction contractors, if compliance with any aspects of the NIMRP is not occurring after
appropriate notifications have been issued.
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SECTION 2.0 PROGRAM MANAGEMENT
All active and completed NIMRP Reporting Forms will be kept on file with the City of Lodi.
Forms will be available for inspection upon request at the following address:
Mr. Konradt Bartlam
Community Development Director
City of Lodi
221 West Pine Street
Lodi, CA 95241-1910
2.1 MITIGATION MONITORING AND REPORTING PROGRAM PHASES
The NDIW described herein is intended to provide focused yet flexible guidelines for
monitoring the implementation of the mitigation measures discussed in the MND and
approved by the City of Lodi. All mitigation measures that are the responsibility of the lead
agency, are included and listed in Table 1. Other agencies involved in the implementation of
a specific mitigation measure are shown in the "Associated Agency" column in Table 1.
Section 3.0 of this document lists all mitigation measures adopted for the project. Each
mitigation measure is individually numbered and grouped by area of potential impact. Table
1 correlates each mitigation measure by its assigned number to the specific phase of the
project to which the measure applies. The three project phases, which include design,
construction, and operation, are discussed in more detail below. A Reporting Form (see
example in Appendix A) will be prepared for each impact and its corresponding mitigation
measure as identified in Section 3.0 of this document.
2.1.1 Design Phase
The design phase includes preparation of engineering design, architectural design, and
construction drawings by project design engineers and architects. Prior to initiation of design
phase activities, the measure(s) applicable to each design phase activity are identifies and
reviewed with the design engineer, architect, or other responsible parties. In the event the
Community Development Director and/or assignee determines that there is non-compliance
with any of the mitigation measures to be implemented during the design phase, corrective
actions are required and a follow-up review is conducted after the design documents are
modified in response to the Community Development Director and/or assignee comments.
Reporting Forms are completed after each activity.
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SECTION 2.0 PROGRAM MANAGEMENT
TABLE 1
APPLICABLE PROJECT PHASES FOR
IMPLEMENTATION OF PROJECT NMGATION
Mitigation Measure
Applicable Phase
Agency
Design
Construction
Operation
Lead
Associated
General
GEN -1
✓
✓
City of Lodi
County of San Joaquin
Agriculture
AG -1
County of San Joaquin
Air Quality
AO -1
✓
SJAPCD
City of Lodi
Biological Resources
BI0-1
✓
✓
✓
CDFG/USFWSNMFS
BI0-2
✓
✓
CDFGIUSFWSNMFS
BI0-3
✓
CDFGIUSFWSNMFS
BI0-4
✓
City of Lodi
County of San Joaquin
13I0-5
CDFGIUSFWS/WMFS
Cultural Resources
CUL -1
SHPO
NIA
Geotechnical
GT -1
✓
✓
City of Lodi
County of San Joaquin
GT -2
✓
✓
City of Lodi
County of San Joaquin
Hazards
HAZ-1
✓
City of Lodi
County of San Joaquin
HAZ-2
✓
✓
✓
City of Lodi
County of San Joaquin
Noise
N01.1
✓
City of Lodi
NIA
Public Utilities
PU-1
✓
✓
City of Lodi
NIA
Traffic
TRA -1
✓
✓
City of Lodi
County of San Joaquin
TRA -2
✓
✓
City of Lodi
County of San Joaquin
Visual Resources
VIS -1
✓
✓
City of Lodi
WA
VIS -2
✓
✓
✓
City of Lodi
WA
VIS -3
✓
✓
City of Lodi
NIA
SJAPCD: San Joaquin Air Pollution Control District
CDFG: California Department of Fish and Game
USFWS: U.S. Fish and Wildlife Service
NMFS: National Marine Fisheries Service
WA Not Applicable
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SECTION 2.0 PROGRAM MANAGEMENT
2.1.2 Construction Phase
A pre -construction meeting will be held with the contractor prior to the initiation of
construction activity. The Community Development Director and/or assignee will attend the
meeting to explain the MMRP contractor and City of Lodi roles and responsibilities; and the
approach for consultation site visits and inspections. Construction activities are monitored as
conditions dictate to ensure that required mitigation measures are implemented. Applicable
measures are discussed with construction contractors periodically as needed to facilitate
implementation. The Community Development Director and/or assignee coordinates with
affected local, state, and federal agencies to ensure applicable ordinance, standards, and
guidelines for construction are implemented.
2.1.3 Operational Phase
Once the facility is complete and operating, the operational aspects of the MNW will, at this
point, become part of LEEF's operational procedures.
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SECTION 3.0 INVENTORY OF XHTIGATION MEASURES
The mitigation measures described in the MND that were adopted as conditions of project
approval are listed below. Mitigation is listed by type of topical issue.
3.1 GENERAL
GEN -1 Prior to site development, CalPeak Power will submit project construction and
grading plans to the city of Lodi Public Works Department for review and comment.
The pian submittal will follow a typical building permit and grading permit submittal
process. CalPeak Power will incorporate the plan check comments into the project. .
3.2 AGRICULTURE
AG -1 The San Joaquin Multi -Space County..Plan (SJMSCP) designates these two parcels
Multi -Purpose Open Space Lands and this category does not require compensation in
the form of preserve acquisition. The Multi -Purpose Open Space Lands have a
limited value to the SJMSCP covered species and their conversion necessitates a
requirement to assist in- financing the SJMSCP Preserve System by supporting a
portion of the enhancement, management, and administrative costs associated with
the preserve system. The LEEF project will submit the $895 per acre fee or the rate
in effect at the time of permit issuance consistent with the provisions of the adopted
SJMSCP.
3.3 AIR QUALITY
AQ -1 CalPeak Power will comply with the SJAPCD rules and regulations to reduce
fugitive dust emissions, including implementing the following:
• All unpaved construction areas will be sprinkled with water or other acceptable
SJAPCD dust -control agents during dust -generating activities to reduce dust
emissions. Additional watering or acceptable SJAPCD dust -control agents will
be applied during dry weather or windy days.
3.4 BIOLOGICAL RESOURCES
BI0-1 The Mokelurme River crossing will be designed and constructed in such a way as to
avoid impacts to the waterway and adjacent riparian areas, with the use of directional
drilling techniques. The boring entry and exit areas will be placed no closer than 250 feet
from the top of the bank with all staging and construction areas located in previously
disturbed, paved, or ruderal areas. A frac-out contingency plan will be implemented to
minimize potential impacts from the release of drilling muds into the water column.
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SECTION 3.0 INVENTORY OF MITIGATION MEASURES
BIO -2 All impacts to native trees, shrubs, and habitats will be avoided by design. A biological
monitor will be onsite during construction to ensure that native trees, shrubs, or habitats
are not unpacted.
BIO -3 Any active or potential raptor nests will be monitored by biological monitors with no
construction activities occurring within one-quarter mile (1,320 feet) of the nests until
any young have fledged. If a raptor or other special -status bird is found nesting in a tree,
construction activities may be delayed, or other protective measures pursued, dependent
upon the direction of the qualified biologist.
BIO -4 Upon completion of construction, all areas subject to temporary ground disturbances,
including the laydown area, pipeline corridors, and pulling areas, will be restored to
pre -construction conditions.
BIO -5 All mitigation measures specified as conditions of any permits necessary for the project
(i.e., U.S_ Army Corps of Engineers Section 404 permit, etc.) will be implemented.
3.5 CULTURAL RESOURCES
CUL -1 If buried cultural materials are encountered during construction, all work in that area
must halt until a qualified archaeologist can evaluate the nature and significance of the
finds and recommend further mitigation measures if needed. If human remains are
encountered during construction, all work in that area must halt immediately and the
San Joaquin County Coroner must be contacted, pursuant to California Public
Resources Code sections 5097.94, 5097.98 and 5097.99. Once the County Coroner has
made a determination as to the remains, the Applicant will coordinate with the State
Historic Preservation Office (SHPO) and other parties, as appropriate, to develop a
plan to evaluate the resource and make a determination regarding additional mitigation
measures that may be required.
3.6 GEOTECHNICAL
GT -1 Grading and construction standards based on the site-specific conditions identified in
the Applicant's Geotechnical Report will be incorporated into design and
construction of the proposed facilities, including the following:
• Project design will meet or exceed existing earthquake design standards.
• Grading and site preparation will adhere to the requirements provided in the
geotechnical engineering study to be prepared for the pipeline and the plant site.
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SECTION 3.0 INVENTORY OF NIITIGATION MEASURES
GT -2 The project will implement construction BWs, and will employ the protective
erosion control measures consistent with those described in the State General Permit
for Discharges Associated with Construction Activities and the project Stormwater
Pollution Prevention Plan (SWPPP).
3.7 HAZARDS
HAZ-1 The plant and gas pipeline will be designed, constructed, and operated in
conformance with all applicable laws, ordinances, regulations, and standards,
including all applicable industry safety standards, City of Lodi and County of San
Joaquin ordinances/standards. The U.S. Department of Transportation's Office of
Pipeline Safety standards will be adhered to during the construction and operation of
the gas pipeline and associated facilities.
HA.Z-2 Safety precautions have been designed and will be installed in order to mitigate risks
associated with a potential accident, including secondary containment around
hazardous materials associated with the facility, preparation and implementation of a
SPCC Plan, a hazardous materials Business Plan, and a RMP pursuant to the
CalARP Program. LNG facilities, if used, will be outfitted with appropriate fire
prevention and response features in accordance with NFPA 59A, and be included in
the CalARP Program Risk Management Program.
3.8 NOISE
NOI.1 All construction activities will comply with the County of San Joaquin and the City
of Lodi's allowable construction limits of 7 a.m% to 7 p.m. Monday through Saturday,
and prohibits construction on Sundays and holidays.
3.9 PUBLIC UTILITIES
PU-1 CalPeak Power will coordinate the proposed project design, specifically proposed
trenching activities, with responsible utilities to ensure that the project does not
conflict with existing utilities and maintenance of those utilities, particularly related
to City Water Well #4.
3.10 TRAFFIC
TRA -1 A traffic control plan will be prepared by KD Anderson in accordance with the
County of San Joaquin and City of Lodi traffic control guidelines, and will address
construction traffic along the pipeline route. Trenching of the natural gas pipeline
S:b2"AWd 00t0o979.W C~ L0&M1r*1*M MWWrN ftVffW=1MMWAM 9
SECTION 3.0 INVENTORY OF MITIGATION MEASURES
along the north side of Clarksdale Road will require signage, flagmen, and lane
restrictions. The traffic control plan will also include provisions for coordinating
with local emergency service providers regarding construction times and lane
closures.
TRA -2 CalPeak Power will obtain an encroachment permit from the County of San Joaquin
for proposed trenching activities affecting County roads, and through the city of Lodi
for trenching activities. This process will include submittal of project plans, review
of plans by the County, possible revisions of the plans relative to concerns brought
forth by the County of San Joaquin, and finally, issuance of the respective permit.
3.11 VISUAL RESOURCES
VIS -1 The project design includes perimeter fencing along Thurman Street at the plant site.
The facility will be color -treated with consistent, non -reflective paint tones. It has
been designed in accordance with the City of Lodi Design Review Guidelines and
approved by the City of Lodi.
VIS -2 The site will be landscaped at initial development of the facility and will be done in
accordance with the landscape concept plan designed in accordance with the City of
Lodi. The metering station will be landscaped in accordance with San Joaquin
County requirements.
VIS -3 During normal operation, night lighting will consist of shoebox fixtures. Outside
floodlights will be installed approximately every foot, pursuant to City of Lodi
requirements. The lamp housing will be adjusted to shine out and down. Other
facility lighting will be used during emergencies only. Operations lighting will be
shielded to minimize offshe glare.
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SECTION 4.0
URS Corporation. 2002. Preliminary Frac-Out Contingency Pian.
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REFERENCES
APPENDIX A
SAMPLE REPORTING FORM
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LODI ELECTRIC ENERGY FACILITY
MITIGATION MONITORING AND REPORTING PROGRAM
REPORTING FORM
Location: ❑ Onsite
❑ Offsite (Give Address)
MMRP FILE:
Project Phase: ❑ Design
❑ Construction
❑ Operation
Impact Issue(s):
❑ Land Use ❑ Biological Resources ❑ Air Quality ❑ Hazardous Waste
❑ Aesthetics ❑ Public Utilities ❑ Noise ❑ Cultural Resources
❑ Hydrology ❑ Transportation ❑ Geotechnical
Description of Activity:
Applicable Mitigation Measures:
Methods of Implementation:
Specialist:
Name Discipline Firm
Specialist:
Name Discipline Firm
Implementation Action Items: Scheduled for Completion Approved
Completion Date By
Disposition:
❑ Mitigation measure(s) implemented. No further action.
❑ Mitigation measure(s) not fully implemented. Further action required.
(Explain below; attach additional sheets if necessary.)
❑ Non-compliance with mitigation measures. Further action required.
(Explain below; attach additional sheets if necessary.)
❑ Verification of environmental compliance for construction proiect.
Comments/Revisions:
Completed by: Approved by:
Name Name
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