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Resolution 2772-03 RESOLUTION NO. 2772-03 \., A RESOLUTION BY THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT TO APPROVE ALTERNATIVE E FOR THE B-LINE PHASE III EXPORT PIPELINE REPLACEMENT PROJECT AND TO ADOPT FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the South Tahoe Public Utility District (District) certified the Final Environmental Impact Report for the B-Line Phase III Export Pipeline Replacement Project on July 17, 2003; and WHEREAS, the Certified Environmental Impact Report identified the significant environmental impacts listed in the attached Findings of Fact (dated July 31, 2003); and WHEREAS, the California Environmental Quality Act (CECA) and the State Guidelines thereto, Section 15091, prohibit a public agency from approving or carrying out a project for which an environmental impact report has been completed which identifies one or more significant effects of the project unless the public agency makes one or more of the following written findings for each of those significant effects accompanied by statements of the facts supporting each finding: \r 1. Changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects thereof as identified in the Final Environmental Impact Report. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the District. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final Environmental Impact Report; and WHEREAS, CECA, Section 15093, requires the District to balance the benefits of the proposed project against its unavoidable environmental risks in determining whether or not to approve the project; and WHEREAS, CECA and the guidelines thereto, Section 15093, require the District, if it allows the occurrence of significant effects identified in the Certified Environmental Impact Report without mitigation, or the findings made above, to state in writing the reasons to support its action based on the Certified Environmental Impact \., Report and other information in the record. 1 ... .... '-' NOW, THEREFORE BE IT RESOLVED, that the District Board hereby makes the attached Findings of Fact and Statement of Overriding Considerations (dated July 31, 2003) for the significant environmental effects identified by the Certified Environmental Impact Report for the B-Line Phase III Export Pipeline Replacement Project. BE IT FURTHER RESOLVED that the District Board, based on the attached Findings of Fact and Statement of Overriding Considerations, determines that the benefits of the subject project outweigh its unavoidable adverse environmental effects, and such effects are determined to be acceptable and the attached Statement of Overriding Considerations shall be included in the environmental record. WE, THE UNDERSIGNED, do hereby certify that the above and foregoing resolution was duly and regularly adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a regular meeting duly held on the 7th day of August, 2003, by the following vote: AYES: Directors Wallace, Schafer, Jones, Comte, Mosbacher NOES: None ABSTAIN: Director Mosbacher ABSENT: None ATTEST: 2 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS ~ FINDINGS INTRODUCTION The findings made by the District, pursuant to Section 15091, Title 14, California Administrative Code, on the proposed STPUD B-Line Phase III Export Pipeline Replacement Project are presented below. All significant adverse impacts of the Project (Alternative E) identified in the Final Environmental Impact Report/Environmental Impact Statement (FEIR/EIS/EIS) are included herein and organized according to the resource affected. For each significant impact, a Finding must be made as to one or more of the following, as appropriate, in accordance with Public Resources Code Section 21081 and CEQA Guidelines Section 15091: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. '-' B. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR/EIS/EIS. A description of the facts supporting the conclusion follows the findings. In cases where Finding C is referenced, mitigation measures or alternatives are not available to reduce the impact to a less than significant level. The Statement of Overriding Considerations applies to all such unavoidable impacts as required by Sections 15092 and 15093, Title 14, California Administrative Code. PROJECT BACKGROUND \..- The South Tahoe Public Utility District (the District) operates and maintains a complex export system conveying treated wastewater approximately 25 miles from the wastewater treatment plant over Luther Pass to the Harvey Place Reservoir in Alpine County. The proposed project (Alternative E) involves the replacement of approximately 0.8 mile of existing B-Line with approximately 1.1 miles of pipeline. This segment of the B-Line pipeline is located approximately 3.5 miles south of Meyers, CA. The project portion of the B- Line begins at the Luther Pass Pump Station and continues southeast to the JUL Y 31, 2003 PARSONS PAGE 1 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS connection point approximately one-half mile east of the SR 89/Forest Service . ~ Campground Access Road intersection along the Forest Service campground access road. ..", The project endpoint connects with the B-Line Phase I replacement project that was constructed in 1996. The alignment would parallel the existing pipeline from the Luther Pass Pump Station to SR 89 (2,500 feet). At the junction of SR 89 and the pipeline, the Project would parallel SR 89 to the USFS Luther Pass Campground Road (1,200 feet) at which point the alignment would cross SR 89 and follow the USFS road to the project's terminus (2,300 feet). The entire length of the pipeline is 6,000 feet. FINDINGS Three impacts, PS-7, HYDRO-3 and AIR-l are considered significant and unavoidable even with the implementation of mitigation measures to reduce the severity of the impact. Impact LU-3 is potentially significant and unavoidable because it would be significant if Caltrans does not authorize an encroachment permit for the Project. If an encroachment permit were authorized, the impact would be less than significant. The remaining impacts discussed in the findings can be reduced to a less than significant level with the successful implementation of the proposed mitigation measures included in the FEIR/EIS/EIS. Geology GEO-3. Will the project result in covering of the soil beyond the limits allowed in the land capability or Individual Parcel Evaluation System (IPES)? J Impact: Approximately 200 square feet of new coverage would occur as a result of four new manholes along the pipeline alignment. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the Final EIR/EIS/EIS. Facts Supporting the Finding Because new land coverage would be located on low capability soils, offsite coverage would be restored at a 1.5:1 ratio in accordance with Chapter 20 of the TRPA Code of Ordinances. Since four manholes would be created at 50 square feet per manhole, 200 square feet of new coverage would result from the project. Therefore, 300 square feet shall be restored at a USFS and TRP A approved location. With implementation of the following mitigation, impacts to coverage would be reduced to a less than significant level. GEO-3: Coverage Restoration. To offset the new land coverage within low capability lands, TRP A shall require existing land disturbance near the project corridor in the amount of 1.5 times the amount of new land coverage required for .. .... the selected alternative to be restored and revegetated by the District. The 300 "'" JUL Y 31, 2003 PARSONS PAGE 2 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS \., square foot restoration shall occur at Cookhouse Meadow or an alternative site approved by the USFS and TRP A. Specifically at Cookhouse Meadow, fill material or soft coverage adjacent to the old entrance to Cookhouse Meadow would be removed and the area would be restored. GEO-4: Will construction of the Project cause erosion, loss of topsoil, changes in topography, or unstable soil conditions from excavation, grading, or filling? Impact: Project construction includes trenching and grading, which can cause erosion and changes in drainage topography and loss of topsoil. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding In order to prevent erosion and changes in topsoil, BMPs, as established for construction operating procedures, shall be implemented in accordance with an erosion control plan specific to the alignment. Implementation of these actions would retain soil structure and function and would avoid sedimentation and material buildup in downslope areas. With implementation of the following mitigation, impacts would be reduced to a less than significant level. '-' GEO-4: Erosion Control Plan: The District shall be required to prepare a site specific Erosion Control Plan to define and map BMPs that shall be used to control erosion from ground disturbing activities including construction of the temporary access roadway, the crossing of Grass Lake Creek, and the disturbance to roadway shoulders. The Erosion Control Plan shall be in accordance with the SNFP A Appendix F and consistent with the Restoration Design Report and include, but not be limited to, the following management practices: . Topsoil to be reused following pipe installation will be conserved throughout the project area by stockpiling it separately from other excavated soils. A double or triple lift excavation process would ensure topsoil that is to be reused is kept separate from deeper soil materials. Excavated material that would not be reused will be loaded directly into hauling trucks and removed from the construction area. Stockpiled soil will be placed within the construction site and will be covered with tarps to protect the soil from wind and rain. Straw bale sediment barriers or filter fences will be placed around the downslope side of the stockpiled soil. After the trenches are backfilled, the stockpiled soil will be replaced around the corridor. After final grade is achieved and soils are uncompacted, the stockpiled topsoil will be spread evenly over the final grade. Stockpiled soil along trenches shall be placed on the uphill side of the trench. \.,. JUL Y 31, 2003 PARSONS PAGE 3 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS . Stockpile rocks from the surface and the trench. Stockpile surface logs, woody debris, and pine needles from the roadway corridor for replacement upon project completion. Topsoil, surface rocks, and woody material should be replaced evenly over the temporary access roadway and trench. Soil and large rocks or logs can be placed with the loader or backhoe; however, smaller rocks, branches, and pine needles will be spread by hand. .J . Trenches that are located outside of existing roadways will be compacted to original grade and revegetated using native plant materials. . Immediately following topsoil replacement and soil rippinglsubsoiling, disturbed sites will be revegetated. Seed mixes or plant species will be detennined and prescribed by the Restoration Design Report. . Jute netting or erosion control blankets may be used on steep slopes to help establish the revegetation. Core logs or filter fences will be maintained until the vegetation is established. . Where the construction site is located on a slope of at least 0.5 percent (0.5%), core logs or filter fences will be placed around the downslope side of all construction sites (including building foundations, trenches, and roadways) and above drainage ways located nearby and below the construction site. .j . During pipe placement, pipelines shall not be dragged over previously undisturbed soils. . No new cut slopes of slope greater than 2:1 will be created. Cut slopes associated with the temporary roadway will be obliterated and restored following completion of construction activities. . Base rock shall be added to steep road segments and comers to improve traction and prevent ruts from developing, and shall be removed after construction is complete. . Construction traffic on the temporary road will be limited to equipment that is necessary for trenching or material delivery. . Construction shall be limited in non-paved areas during inclement weather. Equipment movement shall cease when ruts begin to fonn in the soil due to wet conditions. Equipment movement shall resume once the soils have dried to a degree that prevents rut fonnation . Earthen benns, water bars, annored conveyance ditches, settling basins, and infiltration trenches shall be installed to intercept and infiltrate runoff ...I from the temporary road. JULY 31, 2003 PARSONS PAGE .. STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS \" · Following construction of the pipeline, the temporary road will be obliterated by soil rippinglsubsoiling of the roadbed or removing cut and fill sections to restore the original slope. These obliterated sections will be rehabilitated with drainage measures and a combination of surface cover treatments (e.g., boulders, large trees, woody debris) as stated in the Restoration Design Report. Temporary BMPs, including straw bales and filter fence will be installed down-slope of obliterated road segments until the vegetation, surface cover, and drainage control proves effective. The restoration measures shall be monitored annually for the first two years following construction to assess the measures' adequacy, and additional BMPs will be prescribed by the USFS if existing treatments fail to protect the site from accelerated erosion. The District or a qualified consultant will monitor restoration progress. Land Use LU-3: Will the project be consistent with Caltrans encroachment permit conditions? Construction within SR 89 would occur over 1,200 feet, requiring 24- hour, seven day a week lane closure and possibly creating traffic delays in excess of Caltrans standards. \., Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIRJEIS/EIS. Impact: C. Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIRJEIS/EIS. Facts Supporting the Finding If a Special Use Encroachment Permit can be obtained through Caltrans with the preparation of a Traffic Management Plan, this impact would be reduced to a less than significant level. However, Project blasting may cause traffic delays in excess of the Caltrans 30 minute maximum delay standard. In addition, covering the pipeline trench over weekends is not feasible as required by Caltrans due to the length and characteristics of the pipe and trench. Alternatives identified in the EIRJEIS would either result in greater levels of potential traffic delay and lane closure (Alternatives C and D), or would result in a greater level of natural resource-related impacts (Alternatives A, B, and No Action). If the Special Use Encroachment Permit is not authorized, this impact would be significant and unavoidable. With implementation of the following mitigation measure, impacts would be reduced to a ..... less than significant level. JULY 31. 2003 PARSONS PAGE 5 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS LV-3: Obtain Caltrans Special Use Encroachment Permit: The District shall '. .,1 be required to obtain a Special Use Encroachment Permit to place the B-line ... within the SR 89 right of way. The permit would authorize occupancy of National Forest System lands within the Caltrans highway. In order to receive the permit, a Traffic Management Plan (TMP) must be approved by Caltrans outlining the construction schedule and identifying any construction within SR 89, as well as other traffic mitigation measures. The TMP would also identify construction practices, materials, disposal methods, and specific construction details regarding the project location and soil structure within the area. Public Safety PS-3: Will the project construction create traffic hazards for motorists, bicyclists, or pedestrians? Impact: Construction machinery and open trenches along SR 89 may create a potential safety hazards to motorists, cyclists, and pedestrians. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIRJEIS/EIS. Facts Supporting the Finding A Transportation Management Plan would be prepared to define safety precautions and ~ safety maintenance measures to reduce risks associated with roadway use and construction. Measures to reduce hazards include the use of signage, barricades, and traffic controllers. With implementation of the following mitigation measure, impacts would be reduced to a less than significant level. PS-3: Traffic Management Plan. In order to safely maintain access along SR 89 the District shall be required to prepare a Traffic Management Plan approvable by Caltrans. Although the contents of the TMP would be developed in consultation with Caltrans, it typically would include construction signs, channeling devices, barricades and protective devices, marking, lighting, the control of traffic through the work zone, and all other measures necessary to mitigate the impact of the proposed project. Alternative E would require 24-hour traffic control as trenches of over 1,000 lineal feet would be left open during non- construction hours and the use of K-rail would not allow lanes to be opened and closed regularly. PS-4: Will the project involve the use of explosives for trenching? Impact: Blasting would occur within forested areas and along SR 89 where the soil is not conducive to typical trenching methods. The use of blasting creates a direct hazard on persons or property in the area of the blast. ..J JULY 31,2003 PARSONS PAGE 6 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS \., Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding Blasting would be limited and only used when construction equipment is unable to penetrate subsurface barriers. Utilities would be disconnected in the blast zone and appropriate permits shall be obtained by the District from the appropriate jurisdictional agency to ensure that safety precautions are established and people are kept a safe distance from the work area. With implementation of the following mitigation measure, impacts would be reduced to a less than significant level. PS-4: Construction Explosives Risk Reduction. Trenching and excavation shall be conducted using mechanical devices such as backhoes, tractors, and jack hammers as much as possible. The District shall use a licensed contractor to perform all explosives work and shall obtain written approvals for the work from USFS permits, Caltrans, and the County of EI Dorado. Gas lines shall be mapped and flagged on all construction maps to alert the construction crew of potential hazards. Gas service will be periodically disconnected to ensure safety during construction activity near the lines. PS-5: Does the project have the potential to encounter contaminated soils? \.,. Impact: There is the possibility that unknown previously contaminated soils may be encountered within SR 89 and the USFS Road during trenching. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding It is unknown whether contaminated soils exist or will be disturbed within the alignment; however, there is potential for such an occurrence near the roadways. The District's inspector and engineer in charge will be responsible for reviewing soil conditions for potential contamination. If contaminated soils are encountered, the soils will be removed, sampled, and based on the sample results, transported to an appropriate and substance-approved disposal site. Likewise, should the project contaminate soils during construction, those contaminated soils shall be removed to an authorized disposal site. With implementation of the following mitigation measure, impacts would be reduced to a less than significant level. PS-5: Contaminated Soils Management. If contaminated soil is encountered during pipeline excavation, the following procedures will be followed to reduce potential impacts to a less than significant level. '-' I. A temporary stockpile area will be created at the Luther Pass Pump Station. This stockpile area will be lined with plastic, surrounded by straw JULY 31, 2003 PARSONS PAGE 7 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS bales, and covered at all times with plastic sheeting. Because of the past ..1 disturbance, the Forest Service will require the district to till, revegetate, ... and permanently barricade the sites according to Forest Service specifications following construction, as appropriate. 2. The spoils pile will be sampled, following protocol as dictated by EI Dorado County Environmental Management Department, with samples sent to a qualified laboratory for analysis. 3. When laboratory test results are received by the District, ultimate disposal options will be determined with consultation from the Lahontan Regional Water Quality Control Board. 4. Transportation of contaminated soils will be by trucks with spoils covered with approved material. Disposal location will be dictated by the extent of possible contamination, and the capacity available at the various disposal site alternatives. 5. If the contaminated soil is caused by construction of this project (the soil is newly contaminated by construction equipment oils), the soil will be immediately removed by placing the material directly within a hauling truck for disposal at an appropriate receptor site as discussed under item 4. Compliance with TRP A's standard conditions of approval and the Handbook of .",J Best Management Practices (BMPs) Standards and compliance with Forest Service Hazardous Spill Plans would reduce impacts to less than significant. PS-6: Will the Project result in an interference with emergency response plans or emergency evacuation plans? Impact: Construction may interfere with emergency response on SR 89 where the pipe is installed and traffic is reduced to one travel lane. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIRlEIS/EIS. Facts Supporting the Finding In accordance with the Traffic Management Plan, one lane shall remain open at all times and emergency access shall be available at all times. Emergency service providers shall be kept informed when access will be limited and how they may proceed through the construction area without delay. Radio communications shall be used between the emergency service providers and construction crew to ensure no delays occur when the service provider enters the area. With implementation of the following mitigation measure, impacts would be reduced to a less than significant level. PS-6: Maintain Emergency Access on SR 89. The District shall be required to '!fttIIIJ maintain at least one lane of vehicular access on SR 89 during all phases of JULY 31, 2003 PARSONS PAGE B \., \., \.,. STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS project construction pursuant to the TMP. The TMP shall be developed in coordination with the Lake Valley Fire Protection District and the EI Dorado County Sheriffs Department. The TMP shall include measures to ensure emergency access is available at all times. During construction, the District shall notify the emergency services on a weekly basis of the timing, location, and duration of construction activities throughout the Project. This notification shall also include a schedule of construction activities by area and date for that week. If plans should change, the construction crew shall notify the emergency service providers of any changes to the plan. In the event of an emergency, the construction crew shall be radioed to ensure that the access route does not create a delay. The District shall assure that the contractor cooperates with, and facilitates, emergency response at all times. PS-7: Will project operation subject persons or property to severe risk of upset or harm? The Project has the potential to create a large geyser and crater within SR 89 that could pose significant risk to motorists and their vehicles. It may also harm persons or property at or adjacent to the Luther Pass Pump Station if a break occurs near that area. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Impact: C. Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR/EIS/EIS. Facts Supporting the Finding Construction within the roadway is of greatest risk to pipeline failure as future projects within SR 89 may accidentally rupture the line during trenching or other construction activities. In order to reduce this potential, signage would be located along the portion of the roadway containing the pipeline and accurate mapping of the alignment both within and outside the roadway, would be made available to the appropriate jurisdictions and utility and infrastructure agencies. The risk of rupture from normal operations is unlikely and does not pose a significant risk as replacement of the existing pipeline reduces the chances of structural failure from existing conditions. No alternatives would completely reduce the risk of a future pipeline failure. Alternatives C and D would place more of the pipeline within a public highway and alternatives A and B would cross SR 89 in one location. Mitigation PS-7 shall be implemented to reduce the risk of pipeline failure; however, signage, mapping, and coordination would not completely eliminate the risk of pipeline failure from accidental damage during future construction projects. PS-7: Signage, Mapping, and Pre-Construction Coordination: Signage shall be placed along the corridor to indicate the presence of the pipeline in the roadway. Mapping of the line will be prepared and made available to future JULY 31, 2003 PARSONS PAGE 9 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS construction projects in the area. Future maintenance by EI Dorado County, .A USFS, and Caltrans along the project-area roadways may not commence until ... coordination with the District occurs to avoid damage to the line. Hydrology and Water Quality HYDRO-I. Will Project construction or operation degrade water quality in the Upper Truckee River, Grass Lake Creek, and Big Meadow Creek, or degrade groundwater quality? Impact: The Project would cross through unculverted Stream Environment Zone (SEZ) areas, which could cause direct sedimentation and loading into the waterway. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding The use of Best Management Practices and avoidance of SEZ areas would reduce the significance and extent of disturbance. Areas disturbed by the project would be restored and revegetated as described in the FEIR/EIS/EIS. With implementation of the following mitigation measure, impacts would be reduced to a less than significant level. HYDRO-IA: Implement Water Quality BMPs at SEZ Crossings. .J . Limit the duration of the period when the SEZ area is disturbed to less than 30 days. . Limit area disturbed by construction activities at all culverted SEZ crossings to the existing roadway prism. . Minimize the SEZ area disturbed by construction activities. The width of the construction corridor would be restricted to the minimum required for trenching and construction vehicle access. The contractor would be required to use shoring or bracing to support vertical trench walls (rather than sloping the trench walls back to the ground surface). No spoil would be stockpiled in the SEZ. No welding would be allowed in the SEZ. The construction vehicle access width would be limited to one lane. The restricted construction corridor would designated with boundary fencing prior to trenching or access road construction. . Utilize directional drilling techniques as described in Chapter 2 to minimize disturbance to SEZ areas and alterations to groundwater quality. . Restore the ground surface in SEZ areas to pre-construction contours to assure surface drainage patterns are not altered. ~ JULY 31, 2003 PARSONS PAGE 10 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS \., . Collect and stockpile SEZ soils in the area that will be disturbed prior to construction and replacing those soils after the trench is backfilled. . Restore upland and SEZ areas disturbed by construction in accordance with the Restoration Design Report. SEZ restoration measures would include stockpiling vegetation during clearing and grubbing, preparing seedbeds to a depth of up to 18 inches, potential application of soil inoculants and soil amendments, and planting seed and plant materials, spreading mulch, and maintaining revegetated areas for five years following treatment. HYDRO-2: Will Project construction or operation alter existing drainage patterns or cause increased runoff resulting in streambank erosion? \., Impact: The Project would cross unculverted SEZs (SEZs E I and E3) with a combined area of approximately 13,365 square feet of SEZ disturbance. This may cause impacts to the SEZ channels and drainage patterns if soil and vegetation are moved. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding Areas that cannot be avoided would be restored onsite and offsite areas would also be restored and revegetated to account for required 1.5:1 replacement ratio. Restoration and revegetation would occur in accordance with the Restoration Design Report. With implementation of the following mitigation measures (as modified by the Parsons memorandum dated July 14, 2003 at the District Board during certification of the Final EIR) , impacts would be reduced to a less than significant level. HYDRO-2A: Onsite SEZ Restoration. Prior to final design, realign the pipeline construction corridor under Alternatives A and E where possible to avoid delineated (TRPA-verified) SEZ locations. Figure 4.4-1 shows the general route of the pipeline realignment to avoid SEZ Al (EI). This realignment would eliminate the 10,865 square feet of Alternative A and E SEZ disturbance that would have occurred at SEZ Al (EI). Reduce the width of the construction corridor to 25 feet through delineated SEZ locations. Utilize construction fencing to ensure disturbance does not occur outside of the 25-foot-wide corridor. This reduction in the corridor width from 50 feet to 25 feet would reduce the Alternative A and E SEZ disturbance from 2,500 square feet to 1,250 square feet at the SEZ A3 (E3) crossing and Alternative A SEZ disturbance from 1,000 square feet to 500 square feet at the SEZ A4 crossmg. \r JUL Y 31, 2003 PARSONS PAGE 11 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS Utilize earthen-filled mats through delineated SEZ locations to reduce the impact , ..1 to SEZ soils and vegetation from construction equipment operation. The mats .." will be placed on top of a fabric that will allow removal of the fill after construction operations are completed. The mats will be used within the 25-foot- wide construction corridor for all SEZ areas that are outside of the immediate location of the pipeline trench (assumed to equal 10 feet in width). Following construction, the mats will be removed and the disturbed SEZ will be restored as outlined below. Implement the measures described in the Restoration Design Report (Appendix F) to ensure restoration of onsite SEZs impacted by pipeline construction. A qualified consultant will be retained for the planning, design, and implementation of onsite SEZ restoration in coordination with the plans and projects of the US Forest Service. The restoration measures would include: . Installing Sediment Logs. The logs would be installed in rows on IS-foot centers along the slope contour. . Preparing Seed Beds. All compacted soils shall be thoroughly loosened to a depth of up to 18 inches with a soil ripper/subsoiler or other equipment. Depths of less than 18 inches may be allowed in certain areas as approved by the USFS. . Application of a Soil Inoculant. If needed, the inoculant would be hand ..."j broadcast at 60 lbs/acre and incorporated to a depth of 3 inches by raking or other approved method, prior to amendment applications. . Application of Soil Amendments. The amendments would be evenly applied following application of soil inoculants and incorporated by raking or other approved method to a depth of 3 inches. . Seeding. All seeding would be conducted in the fall, prior to snow accumulation and ground freeze. The seed would be uniformly broadcast with hand-held seeders or equal over prepared areas and lightly raked to incorporate to a depth of ~ inch to ~ inch. The revegetation seed mix would include California brome, Slender sedge, Tufted hairgrass, California poppy, Blue wildrye, and Slender wheatgrass, among others listed in the Restoration Design Report Table 2. . Planting. All planting holes would be hand dug a minimum of 18 inches and/or 8 inches deeper than the root length, measured from the bottom of the container to the plant crown, and 2 times the width of the planting container. Excavated holes would be planted immediately to avoid drying of soils. Soils would be loosened in the bottom and along the sides of the hole. Native back fill would be placed around the ball in layers, incorporating DRiW A TER or approved equivalent, while tamping to settle .. ... backfill and eliminate voids and air pockets. After back filling the pits, the ,..", JULY 31,2003 PARSONS PAGE 12 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS \., back fill material would be saturated with water to the full depth of the hole and until the basin ponds. The plants would be watered thoroughly after planting, taking care not to cover plant crowns with wet soil. The plant types would include Mountain alder, Serviceberry, Quaking aspen, Sierra current, Woods rose, and Scouler's willow, as outlined in the Restoration Design Report Table 4. . Maintenance. The restored SEZ would be maintained as needed for at least twe five years following treatment so that there is no evidence of erosion, such as rills or gullies. Maintenance may require re-application of seed, mulches, and tackifiers; replacing DRiWATER containers; and supplemental watering. Ifrequired, additional year(s) of maintenance may be required by the USFS to meet the performance standards identified in the Restoration Design Report on page 8. \.. . Groundwater Monitoring. Groundwater monitoring shall be conducted following pipeline construction to determine whether the project has modified pre-construction groundwater movement at SEZ crossings. The groundwater monitoring shall be conducted simultaneously with monitoring of the restoration plan outlined in the Restoration Design Report. If the project is discovered to adversely affect groundwater movement, additional measures may be required by agencies to reduce the impact (e.g., additional trench cutoff walls, replacement of backfill material, etc.). HYDRO-2B: Offsite SEZ Restoration. To further mitigate the effects of onsite SEZ disturbance, the District will retain a qualified consultant to plan, design, and implement offsite SEZ restoration projects. Off-site SEZ restoration is necessary to offset the impacts of the onsite SEZ disturbance pursuant to the TRP A Regional Plan, USFS Forest Plan, and Lahontan Basin Plan. At a minimum, offsite restoration will include the removal of the USFS Campground Road culvert at the Grass Lake Creek crossing and restoration of two campsites immediately below the Creek crossing. These restoration projects will result in approximately 1,250 square feet of SEZ restoration. If available, additional SEZ restoration will be identified within the campground to achieve the total offsite square footage SEZ restoration needs (e.g., offsite SEZ restoration of 1,875 to offset 1,250 of potential onsite SEZ disturbance). An additional 625 square feet of campground SEZ restoration would be needed if the total onsite impact is limited to 1,250 square feet. \r The USFS Campground Road culvert removal and construction of the bridge span would be performed following pipeline installation and the restoration of the Grass Lake Creek channel. The campground restoration would occur during the end of Summer or early Fall of 2004. The replacement of the culvert with a bridge span will also result in other benefits besides the removal of the fill material. These benefits include: JULY 31,2003 PARSONS PAGE 13 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS . Improved riparian habitat along restored creek channel. ...J . Reduced chance for scour below existing culvert. . Reduced diversion potential during big storm events and the associated sedimentation along the campground road. . Improved aquatic habitat. If needed, additional offsite SEZ restoration may include projects at Cookhouse Meadow, which is traversed by Big Meadow Creek or the floodplain adjacent to Heavenly Valley Creek near the Al Tahoe Boulevard and Pioneer Trail intersection. If these sites must be utilized for offsite SEZ restoration, a greater ratio of offsite restoration may be required (e.g., 2:1) if the proposed restoration cannot be completed in 2004. A greater ratio would offset the temporal loss of SEZ that would occur until restoration work is completed. The purpose of the overall USFS Cookhouse Meadow restoration program is to restore Cookhouse Meadow and Big Meadow Creek. The restoration projects may include restoring the stream channel by reconstructing a natural system of riffles, pools, and meanders with a raised channel bed; reconnecting the floodplain and stream channel by increasing overbank flow; restoring the flood flow function of the meadow; improving the quality of riparian habitat by raising the water table, and improving water quality by restoring the filtering capacity of .."J the meadow. The purpose of the Heavenly Valley Creek floodplain restoration program would be to restore and improve SEZ and riparian vegetation and hydrology along Heavenly Valley Creek that has been naturally overgrown by lodgepole pines and disturbed by recent fire. The existing condition does not allow proper function of the SEZ and riparian areas in the floodplain area. Prior to implementation, the restoration projects will be reviewed and approved by USFS, TRP A, and Lahontan. The size of the area to be restored will be equal to 150 percent or greater of the total onsite SEZ area disturbed. HYDRO-3: Will Project construction or operation interfere with groundwater movement or reduce groundwater iniIltration? Impact: Trenching is required in areas of shallow groundwater, which may affect the function of groundwater movement and infiltration. Dewatering would be necessary during construction. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIRJEIS/EIS. C. Specific economic, legal, social, technological or other considerations, ...J including provision of employment opportunities for highly trained JUL Y 31. 2003 PARSONS PAGE 14 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS \.. workers, make infeasible the mitigation measures or project alternatives identified in the FEIR/EIS/EIS. Facts Supporting the Finding In order to reduce the effects of groundwater interception, Class 2 aggregate and/or drain rock would be used in the pipe zone as described in Chapter 2 of the DEIR/EIS/EIS. Trench cut-off walls would be used to prevent water from migrating along the pipe instead of across the pipe trench. In addition, revegetation and restoration of the area would require soil loosening and other measures to prevent the rerouting of groundwater. Implementation of these measures as integrated into the construction process and the following mitigation measure, would reduce the level of the identified impact. However, because the pipeline will intercept groundwater, it is possible that existing groundwater movement may be altered even with the use of the proposed groundwater protection measures. There are no alternatives available that would completely avoid high groundwater conditions. Therefore, this impact is considered significant and unavoidable. HYDRO-3: Groundwater Interception Findings: TRP A may make findings consistent with Subsection 64.7.A (2) of the TRPA Code of Ordinances to approve exceptions to the prohibition of groundwater interception or interference if TRP A finds that: \., . It is necessary for the public safety and health; . There are no practical alternatives to groundwater interference, including the possibility of denial ofthe project; or . It is a necessary measure for the protection or improvement of water quality. In order to make the findings listed above, TRP A and Lahontan must determine that the project is necessary for public safety and health, protection or improvement of water quality, and that there are no reasonable alternatives to groundwater interference. The pipeline replacement is necessary for public safety and heath since it is needed to improve the reliability of the existing effluent export system. In addition, this pipeline replacement project is a necessary measure to prevent effluent leaks that could degrade water quality in Lake Tahoe, Grass Lake Creek, and the Upper Truckee River. Biological Resources BIO-I: Will the Project, directly or indirectly (including through spread of noxious weeds), cause a loss of individuals or occupied habitat of endangered, threatened, or rare wildlife or plant species? \., Impact: The clearing and disturbance of 2.87 acres of forest increases the chances of noxious and problematic weed spreading. JULY 31,2003 PARSONS PAGE 15 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS Finding: A. Changes or alterations have been required in~ or incorporated into~ the.. project that avoid or substantially lessen the significant environmental ... effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding To avoid the introduction of noxious weeds~ construction equipment would be washed before entering the construction area. Seeds used during revegetation shall be certified weed-free as discussed in the Restoration Design Report. Other materials used during construction would also be inspected prior to use on the construction site. A pre- construction survey for problematic weed species would also be conducted to identify potentially problematic areas~ which would be eradicated prior to construction. With implementation of the following mitigation measures~ impacts would be reduced to a less than significant level. BIO-IA: Noxious Weed Abatement: Since no noxious weeds existed in the area during the 2002 survey~ it is unlikely that a large outbreak would occur by 2003 or 2004 when construction activities begin. Therefore~ abatement efforts would primarily consist of washing all construction equipment prior to entering the project area to reduce the risk of noxious weeds spreading into the area. This may occur at the District wash bay or other appropriate wash site to remove dirt and debris from the equipment that may harbor noxious weed seed. Any seed plant materials used during revegetation shall be certified weed-free and shall consist of native species as described in the Revegetation Plan. Gravel or other . ..4 non-plant materials used during construction shall also be inspected for weeds .... prior to use on the site. BIO-IB: Pre-Construction Noxious/Problematic Weed Species Surveys. Because weeds identified in the SNFPA~ Table 3.6a were not surveyed for~ additional pre-construction surveys shall be performed for the selected pipeline alignment. If any noxious/problematic species are observed~ their location shall be mapped and notification shall be made to the USFS Botanist. Measures shall be taken to completely eradicate~ dispose of and prevent the spread of noxious/problematic weed species including those listed in SNFP A, Table 3.6a. Monitoring shall also be performed for weed infestation within the project area to ensure an outbreak does not occur during project implementation. BIO-IC: Pre-Construction Surveys for Botrychium ascendens. Pre- construction surveys for Botrychium ascendens shall be performed for any undisturbed SEZ crossings prior to construction. Any positive identification of B. ascendens shall be immediately reported to USFS and mapped. Measures to address any identified populations shall be developed with USFS staff consultation. .J JULY 31. 2003 PARSONS PAGE 16 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS '- BIO-3: Will the Project cause loss of active raptor nests, migratory bird nests, or wildlife nursery sites? Impact: Forested areas have the potential to contain raptor nests or migratory bird nests that may be affected by construction activity and noise. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding To avoid impacts to nesting raptors or migratory birds, a pre-construction survey would be conducted to identify nesting species in the proj ect area. If nesting species are found, .construction would be limited during the nesting season. If no species are found, no limitations would be applied to construction locations or timing other than standard construction limitations for the Tahoe Basin. If trees can be removed during the winter, monitoring during construction would not be required as nesting would not occur within the project area devoid of trees. To avoid bird nest parasitism, educational information will be distributed regarding the ill effects of feeding wildlife. With implementation of the following mitigation measures, impacts would be reduced to a less than significant level. ~ BIO-3: Active Raptor and Migratory Bird Nest Site Protection Program. Pre-construction surveys, conducted during the nesting season immediately prior to project construction, shall be conducted to identify any active raptor nest sites within 0.25 mile of the selected alignment. No disturbance shall occur within 0.25 mile of an active California spotted owl or willow flycatcher nest site, or within 0.5 mile of a northern goshawk nest site during the nesting season. A limited operating period will be required only if pre-construction surveys positively identify active raptor nests within the specified setback zones of the chosen alignment. If active nests are not identified, construction may occur within the nesting season. The limited operating period for California spotted owls is March 1 through August 31. The limited operating period for northern goshawk is February 15 through September 15. There is no limited operating period for willow flycatcher. \., If over the snow tree removal is possible, a biological monitor will not be required during construction activities. If over the snow tree removal is not possible during winter, initial construction activities (tree removal and excavation for the construction of temporary access roadways) would require a USFS qualified biological monitor to be onsite to evaluate whether any raptors or migratory birds are nesting in trees or shrubs within the construction corridor. Active nests shall be buffered and fenced (150 feet radius) with orange construction fencing. The buffer zone shall be maintained until after fledglings are able to fly well enough to avoid construction activities. The biological monitor will have the authority to stop construction near active nests if it appears to be having a negative impact on nesting raptors or migratory birds or their young observed within the construction JUL Y 31, 2003 PARSONS PAGE 17 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS setbacks of the chosen alignment. If construction is stopped, the monitor must consult with the District, USFS and TRP A staff within 24 hours to detennine appropriate actions to continue construction while reducing impacts to identified raptors or migratory birds. ..,J BIO-3B: Migratory Bird Nest Parasite Prevention Program. Educational materials shall be posted within the Luther Pass Overflow Campground, which state the detrimental effects of feeding wildlife. Included with this material shall be information stating, through their proliferation, brown-headed cowbirds have negative effects on migratory bird nesting success. This infonnation shall also be sent to residents of the Christmas Valley area including an explanation with regard to adverse effects bird feeders have on migratory bird populations, via nest parasitism as a result of feeding brown-headed cowbirds. BIO-5: Will the Project cause a permanent loss of sensitive wildlife individuals, habitat, or native plant communities (including Stream Environment Zones [SEZ] and communities defined as sensitive by the California Natural Diversity Data Base)? The Project would result in the loss of and damage to 2.87 acres of sensitive wildlife habitat through the construction of the pipeline trench, tree and vegetation removal, and creation of temporary construction access roads. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIRJEIS/EIS. Impact: .J Facts Supporting the Finding To avoid unnecessary disturbance of sensitive plant communities, those communities shall be marked and fenced prior to construction. A wildlife monitor would be onsite during construction to ensure that no unidentified biological resource impacts would occur. The construction crew would be educated on sensitive species prior to construction so they are aware of which species to avoid and what responsibilities should be taken if encountered. Affected areas would be rehabilitated and revegetated in accordance with the Restoration Design Report. Rehabilitation of the area would also prevent its use as a recreational trail that could damage sensitive habitat from recreational use. Offsite SEZ and forest areas would also be restored or preserved in accordance with the mitigation measures presented below. With implementation of the following mitigation measures, impacts would be reduced to a less than significant level. BIO-5A. Pre-Construction Marking and Fencing of Sensitive Plant Communities. Exclusion zones shall be delineated around sensitive plant communities (e.g., montane riparian and SEZs) near the construction corridor using heavy-duty mesh fencing. No construction related activities shall occur within the exclusion zones. Fencing shall remain intact until all construction ..J activities are complete, or upon approval by the District biologist and the JUL Y 31, 2003 PARSONS PAGE 18 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS 4. regulatory agencies. No mitigation protection materials shall be used in a way that will have a detrimental effect on the sensitive plant community. Where complete avoidance of sensitive vegetation is not a feasible alternative, the District will coordinate with CDFG, USFS, and TRP A to develop a site-specific mitigation and compensation program for the affected resource. Affected areas will be revegetated or rehabilitated to pre-construction levels in accordance with the Revegetation Design Report. In addition, off-site restoration and/or enhancement will be implemented to achieve prescribed mitigation ratios (see BIO 5-D and BIO 5-E). \., BIO-5B. Construction Monitoring by CDFG, TRPA, and USFS Approved Wildlife Biologists. A qualified biologist, approved by the CDFG, TRP A, and USFS, will monitor clearing, grading, and habitat rehabilitation/revegetation activities for all off-road portions of the alternative. The monitor will ensure that construction activities within old growth forest, SEZ, riparian areas, and at creek crossings are performed with the least amount of damage to the habitat as possible. The District wildlife biologist construction monitor will be given the authority to stop construction if there is a danger of imminent violation of the Forest Service Manual, TRP A Code of Ordinances, or permit conditions issued by the CDFG, Lahontan RWQCB, or ACOE. The monitor would not be needed for the portions of the alignment contained within SR 89 or the USFS road, but should be present for clearing and grading activities along all other portions of the alternatives. The monitor will notifY the District, in writing, on a weekly basis, of any problem(s) that arise, or when any work is stopped. At the end of the project a written Construction Monitoring Report will be filed with the District, with copies to TRPA and USFS. '-' BIO-5C. Worker Education Program. The wildlife biologist construction monitor will conduct a Worker Education Program for all contractors and District employees before and during construction of the project. The program shall be presented to all contractor and subcontractor staff that will be working on the site, and shall provide workers with information on their responsibilities with regard to sensitive biological resources in the project area. The presentation will include descriptions and photos of sensitive plant communities and special-status species that occur in or adjacent to the project area, and the measures that are being taken to protect these resources. The program will include a pre-construction walk- through of the project site, during which all contractor and subcontractor staffwill be familiarized with the locations of sensitive resources and the exclusion zones established to protect these resources. Workers will also be informed, through literature and/or presentations, of other special-status species that may occur in the project area, but have not been previously observed on-site. If any special- status species are observed onsite during construction, work in the vicinity of these species shall stop immediately, and the District wildlife biologist construction monitor shall be notified. Work in this area shall resume only after JULY31.2003 PARSONS PAGE 19 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS the District biologist, in coordination with L TBMU and TRP A staff, has .A evaluated the situation and established construction exclusion zones where ... appropriate. BIO-SD. Revegetation of Construction Corridor. : Following construction, all disturbed areas will be rehabilitated and revegetated with native plants and materials. In addition, forest debris, rocks, and downed trees will be placed directly over the alignment and within the construction corridor to further rehabilitate the area. All revegetation activities shall follow the implementation guidelines established in the Revegetation Design Report, and shall be monitored to ensure that success criteria are met. BIO-SE. SEZ Restoration of Offsite Lands. Revegetation of riparian and wet meadow vegetation shall occur for disturbed SEZ areas. Please refer to Mitigation Measures HYDRO-2A and 2B, which establish onsite mitigation methods and potential offsite SEZ mitigation areas and methods. BIO-SF. Preserve Old Growth Forest Habitat. In order to offset impacts that would result from the loss of old growth forest habitat, the District shall acquire and permanently restrict from development, developable property that contains old growth forest characteristics. The property shall be acquired/secured through direct purchase, conservation easement, or deed restriction. The details for the land acquisition shall be approved by the TRP A and USFS prior to implementation. The land must be acquired and permanently restricted from .."J development prior to the initiation of construction activities in old growth forest habitat associated with pipeline installation. The District, TRP A, and USFS shall agree on the amount of old-growth forest habitat that will be disturbed. The size of land to be acquired and protected, as described above, will be contingent on this determination. A potential site for old growth forest mitigation is located on Lake Tahoe Unified School District property behind the South Tahoe High School. This site has been reviewed by both USFS and TRP A biologists and meets their criteria for a mitigation site. The District is currently working with the Lake Tahoe Unified School District to obtain a conservation easement over a portion of the property that contains the suitable forested habitat. The size of easement placed on the School District property will offset both the direct and indirect forest impacts of a selected forest alternative. BIO-SG. Bike Trail Prevention: The corridor will be revegetated in a manner to discourage use of the corridor as a bike trail. Large trees (e.g., up to 6 inches dbh) and shrubs shall be placed at the location of roadway crossings, and seeds will be planted above the centerline and other areas of the opening. In addition, logs and boulders shall also be placed within the corridor to create barriers and obstacles to bicycle use. If District staff observe that the corridor is being used by bicycles during their routine inspections, they shall notify USFS staff and J determine additional measures to eliminate the recreational uses. JUL Y 31, 2003 PARSONS PAGE 20 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS \. BIO-6: Will the Project result in the removal of any native live, dead or dying trees 30 inches or greater in diameter at breast height (dbh) within TRPA's Conservation or Recreational land use classifications? Impact: Approximately 402 trees, including live trees, snags, and hazard trees, would be removed to allow for construction within the forested areas of the alignment. Of the 402 trees to be removed, approximately 25 would be over 30" dbh. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding \.., Impacts associated with the removal of trees (loss afforest habitat) would be mitigated to a less than significant level by mitigation measures BIO-5D and BIO-5F. However, to allow the proposed tree removal (trees greater than 30" dbh), TRP A must find that there are no feasible alternatives available that would eliminate the need for the tree removal, and must authorize a special circumstance. The USFS would need to authorize a Special Use permit, submitted by the District, to allow for construction on public land. The USFS will allow tree removal if it can be determined that the trees pose a safety risk. Through the TRP A and USFS permit approvals, the agencies may include provisions by which the District must comply regarding tree removal and revegetation. Project alternatives that would reduce the amount of necessary tree removal (Alternatives C and D) are not being proposed for implementation because they were considered infeasible due to transportation, public safety, and cost issues. With implementation of the following mitigation measure, impacts would be reduced to a less than significant level. BIO-6: TRPA and USFS Approval of Tree Removal. According to Chapter 71 of the TRP A Code of Ordinances, "Large trees may be removed for large public utilities projects if TRPA finds there is no reasonable alternative." For TRP A to allow tree removal, the project must demonstrate that the trees to be removed cannot be avoided due to the engineering requirements of the pipeline and topographic limitations ofthe corridor. In addition, TRP A must find there are no feasible or environmentally superior alternatives that do not require tree removal. If TRP A determines the trees cannot be avoided and there is no reasonable alternative, a special circumstance may be granted to allow the removal of the trees. \., The USFS requires a Special Use permit for construction on federal lands. Approval of the Special Use permit would also allow for the removal of trees for the project. However, the USFS approval must comply with the Sierra Nevada Forest Plan Amendment, which establishes that all live trees greater than 30 inches dbh should be retained. The trees that may be removed are limited to those trees that pose an immediate safety hazard. Therefore, findings that there are no reasonable alternatives must also be made by the USFS. JUL Y 31, 2003 PARSONS PAGE 21 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS The District shall submit permit applications for the project identifying which . ..~ trees would be removed and why the removal is necessary for the project. The .... District shall comply with all conditions of the TRP A and USFS permits as issued. BIO-7: Will the Project conflict with any federal, local, regional, or state policies or TRP A ordinances protecting biological resources (including standards for native vegetation removal), or with any applicable habitat conservation plans? Impact: The Project would result in the removal of SEZ vegetation and forest vegetation, protected by TRP A, USFS, and Lahontan. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding Vegetation removal would be mitigated through the restoration and revegetation of the site and other sites designated for compensation mitigation. Mitigation measures developed for other impacts to biological resources would also reduce the impacts caused by SEZ and vegetation removal. Implementation of mitigation measures BID-SA through BIO-5G and BIO-8A and BIO-8B would reduce project related impacts to a less- than-significant level. Rehabilitation shall follow the Restoration Design Report. All disturbed areas shall be rehabilitated following construction as discussed in mitigation ..J measures for BIO-5. SEZ areas and stream crossings will also be rehabilitated as discussed in mitigation measures for BIO-8. These restoration activities will achieve compliance with policies and ordinances protecting SEZs and other sensitive vegetation communities. Construction setbacks and monitoring as described in BIO-5 shall also be implemented to protect sensitive wildlife. The District shall apply for and receive all appropriate permits from CDFG, USFWS, USFS, Lahontan (Grass Lake Creek crossing), and TRP A to ensure compliance with their policies. BIO-8: Will the project have an effect on wetlands or waters of the U.S. and/or riparian and Stream Environment Zones (SEZ) through direct removal, fIlling, hydrological interruption, encroachment, removal of streamside vegetation, or other means? Impact: The Project would disturb SEZ through vegetation removal, encroachment, and temporary hydrologic interruption. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding To reduce disturbance within the SEZ, SEZ areas would be marked and fenced so that unauthorized construction activity does not occur in a broader SEZ area. In addition, the ..J on and offsite SEZ restoration measures as described under the hydrology and water JUL Y 31, 2003 PARSONS PAGE 22 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS \. quality section would be implemented to restore and compensate for construction within the SEZ. A Wetland/SEZ Delineation and Mitigation and Monitoring Plan would reduce the impacts to the SEZ and would increase the rehabilitation of the affected area. With implementation of the following mitigation measures, impacts would be reduced to a less than significant level. BIO-8A: Mark Wetlands and Stream Environment Zones (SEZ). Based on the maps identifying the various SEZ areas, a wetland specialist will mark the boundaries of wetlands and SEZs that can be protected within the project construction corridor. All delineated wetland and SEZ areas to be protected will be fenced with bright orange plastic fencing, visible from the cab of heavy equipment. Temporary signs will be installed with the fencing to alert construction crews that they have reached the boundaries of their construction site and may be encroaching on SEZs, jurisdictional waters (once delineated), and riparian areas. The revegetation contractor will remove the markings and fencing during the habitat restoration and revegetation of disturbed sites. \.,. BIO-8B: Prepare Wetland and Stream Environment Zone (SEZ) Mitigation and Habitat Restoration Plans. Please refer to Mitigation Measures HYDRO- 2A and 2B, which establish onsite mitigation methods and potential off site SEZ mitigation areas and methods, and DEIR/EIS/EIS Appendix F (FEIR/EIS/EIS Appendix B), for detailed methods, locations, and monitoring/maintenance standards for SEZ restoration. The District will prepare a Wetland/SEZ Delineation and Mitigation and Monitoring Plan to accompany a Department of the Army Application for submittal to ACOE, TRPA, CDFG, and the Lahontan RWQCB together with CEQA documentation, and a fee, for Section 401 Certification for the offsite SEZ restoration project. The plan will be written to conform to the recommendations set forth by the Sacramento District of ACOE and the Lahontan Regional Water Quality Control Board. The delineation and Plan will also accompany a CDFG 1601 Streambed Alteration Agreement Application. The Plan will include a statement of the wetland functions and values to be replaced, a soils management plan, planting palette, a conceptual planting plan, performance criteria, and a five- year maintenance and monitoring plan within the restoration area. BIOLOGICAL RESOURCES: BIO-Cl: Will the project have significant cumulative impacts to biological resources? Impact: Loss of habitat and vegetation, and impacts to nesting species contribute to a cumulative loss of habitat and species within the Tahoe Basin. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. \., JULY 31, 2003 PARSONS PAGE 23 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS Facts Supporting the Finding - .."j To avoid unnecessary disturbance of sensitive plant communities, those communities shall be marked and fenced prior to construction. A construction monitor would be onsite during construction to ensure that no unidentified biological resource impacts would occur. The construction crew would be educated on sensitive species prior to construction so they are aware of which species to avoid and what responsibilities should be taken if encountered. Affected areas would be rehabilitated and revegetated in accordance with the Restoration Design Report. Offsite compensation areas for SEZ and old growth trees would also be rehabilitated or preserved in accordance with the mitigation measures established for impacts BIO-5 and BID-8. Implementation of the mitigation measures would reduce cumulative impacts to biological resources to a less than significant level. With implementation of the mitigation measures BID-l through BID-8, cumulative impacts to biological resources would be reduced to a less than significant level. Transportation/Ci rculation TRANS-I: Will the construction of the Project impact the level of service at project relevant roads and intersections? Impact: The Project would be located within 1,200 feet of SR 89, would temporarily require closure of one lane for approximately eight weeks; would temporarily require closure of 2,300 feet of USFS Campground Road and portions of the South Upper Truckee Road closest to SR 89; and would increase traffic on SR 89 due to construction. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. .J Facts Supporting the Finding A Traffic Management Plan would be prepared to help maintain service levels on SR 89 during construction. The TMP would include safety n;1easures, traffic direction, signage, emergency access, and traffic reduction. Lane closures would be limited so as not to affect peak travel periods. The TMP would be developed and submitted in conjunction with the Caltrans permit to allow construction within the roadway. With implementation of the following mitigation measures, impacts would be reduced to a less than significant level. TRANS-Ia: Traffic Management Plan. As stated in Section 4.3 - Public Safety, the District shall be required to prepare a Traffic Management Plan (TMP) in consultation with Caltrans and El Dorado County and possibly Alpine County and the State of Nevada (if SR 89 requires closure during construction). The TMP provides measures to ensure the least amount of inconvenience to local residents and visitors during project construction and shall limit the project's .j effects on road closures and traffic congestion. Items such as signing, a public ... JULY 31,2003 PARSONS PAGE 24 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS \., infonnation campaign to inform the public of road closures and alternative routes, pavement markings, construction scheduling, traffic regulations, emergency access, monitoring, road repair, and inspection, among others shall be included in the TMP. The TMP will analyze: the effects of road closures, the adequacy of potential detours, costs of detours in comparison with roadway closure, traffic impacts from blasting, and traffic management strategies per specific construction phases. Under the TMP, no lane closures would be allowed within the months of July and August. The project applicant will also obtain the appropriate Transportation Permits from Caltrans for the transport of large construction equipment. In addition, the appropriate Encroachment Permits will also be obtained from Caltrans for work completed within the public right-of-way. Any construction activity within the public right-of-way would be required to follow the traffic control procedures outlined in the Caltrans Traffic Manual and TRP A Transportation Plan. TRANS-Ib: Construction Period - SR 89 Encroachment. Construction of the pipeline within SR 89 shall occur prior to the month of July, preferably late May or early June, or after Labor Day weekend to avoid peak travel season along the roadway, thereby reducing the traffic impacts of construction. One lane shall remain open during construction along SR 89 (pre-July or post-Labor Day) as outlined in the TMP. No construction would occur within SR 89 between July and Labor Day and all lanes would be fully open. ..., TRANS-Ie: Traffic Directing and Signage. A qualified person shall be present during construction to direct traffic and maintain traffic flows in the construction corridor of SR 89. Construction signage shall also be placed in Meyers at the intersection of US 50/SR 89, and at the west junction of Alpine 89/88 at Pickett's Junction. The signage shall be standard construction warning signage stating "Roadwork Ahead - Expect Delays". Alternative signage such as a changeable sign stating "Roadwork Ahead - Expect Delays up to 15 Minutes" may be used instead of standard construction signage. Signage shall also be placed at the closed campground and South Upper Truckee roadways. Signage shall be placed at these access points at least two weeks in advance of construction activities in order to adequately notify recreation users of alternative access points. Signs regarding the campground closure will be placed and maintained in the campground vicinity before and during construction. TRANS-2: Will the project interfere with recreational roadway access? \., Staging would occur on the USFS Campground Road and South Upper Truckee Road, and along the pullouts and shoulders of SR 89. Construction would also occur within 1,200 feet of SR 89, which would disturb recreational access. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Impact: JUL Y 31, 2003 PARSONS PAGE 25 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS Facts Supporting the Finding .j A Traffic Management Plan would be prepared to help maintain service levels on SR 89 during construction. The TMP would include safety measures, traffic direction, signage, and traffic reduction. Lane closures would be limited so as not to affect peak recreational travel periods. The TMP would be developed and submitted in conjunction with the Caltrans pennit to allow construction within the roadway. Implementation of Mitigation TRANS-l a, 1 b, and 1 c will reduce this impact to a less than significant level. TRANS-3: Will the Project deteriorate roadway surfaces as a result of construction equipment and associated traffic? Impact: Road surface deterioration would occur on SR 89 and the USFS Campground Road due to trenching and general use by construction equipment. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding Following construction, roadways damaged during construction through trenching or wear from construction equipment would be repaved to pre-construction or better conditions. With implementation of the following mitigation measure, impacts would be ..",J reduced to a less than significant level. TRANS-3: Roadway Surface Maintenance. The District shall be required to repair or replace all affected roadway surfaces to existing or better conditions in accordance with local and State paving standards. Roads to be utilized during construction shall be surveyed prior to construction in order to accurately detennine if construction activity has damaged the roadway. It should be noted that all roadway repairs would be dependent upon weather conditions after the equipment demobilization process is complete. If the weather is wann enough following completion of construction (assumed to be late October), then the roads would be repaved immediately following construction. However, if the weather would not allow the resurfacing to be performed immediately following completion of construction, the roads would be patched and the resurfacing completed as soon as possible the following year. The improvements would not include expansion or relocation of any transportation facilities. Air Quality AIR-I: Will the project construction activities deteriorate ambient air quality? Impact: The Project would contribute to air pollutants through the use of construction equipment, pipeline construction activities (trenching, blasting, etc.), and vehicle emissions caused by traffic delays and the movement of material hauling to and from the site. .,J JULY 31,2003 PARSONS PAGE 26 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS '-' Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. C. Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR/EIS/EIS. Facts Supporting the Finding Vehicle emissions would be reduced through the use of best management practices, equipment maintenance, and a reduction in equipment idling and vehicle trips. Dust from trenching and blasting would be reduced through the use of watering, tarps, chemical treatments, and restabilization and revegetation. The use of tarps on hauling trucks and a reduced speed limit on exposed surfaces would also reduce the particulate emissions caused by construction activities. The following mitigation measures shall be implemented to reduce air emissions. However, they may not fully mitigate for construction equipment emissions and for idling vehicles, trucks, and construction equipment due to lane closure traffic delays on SR 89. Therefore, this impact is considered to be a short-term significant and unavoidable impact. AIR-l a: Construction Emissions Reduction. \r . The construction contractor shall implement BMPs number 6 and 7 from the TRP A Handbook of Best Management Practices. . Construction equipment shall be maintained and tuned at the interval recommended by the manufacturers to minimize exhaust emissions. . Equipment idling shall be kept to a minimum when equipment is not in use. . Truck trips shall be kept to a minimum by requiring the contractor, where feasible, to use trucks for both fill import and spoils export. AIR-lb: Fugitive Dust Control. . Soils exposed by clearing and grubbing, cutting and filling, or other operations, unpaved roads, and material storage piles shall be watered, enclosed, or covered to control dust. Water shall be applied using water trucks or other means as necessary to keep surfaces damp. '-' . Surfaces that will be exposed for more than 5 working days shall be treated with a TRP A, USFS, and Lahontan approved chemical dust suppressant. Dust suppressants shall be used only on exposed surfaces that are not already covered by tarps or other enclosures and are not regularly watered. JULY 31,2003 PARSONS PAGE 27 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS . Clearing of surfaces shall be limited to the area that will be actively worked on, including the construction access corridor. -~ ..J . All trucks transporting dust producing material leaving or entering the site shall be covered, and nearby roadways shall be cleaned regularly to reduce possible fugitive dust emissions outside ofthe construction area. . On-site vehicle speed shall be limited to 15 miles per hour on unpaved surfaces. . Exposed surfaces shall be restabilized and revegetated as soon as possible. Noise NOISE-3: Will construction of the Project expose the public to high noise levels? Impact: Construction equipment and blasting may produce high noise levels audible to persons living, traveling, and recreating in the area. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding ..J Construction noise would be reduced by limiting the hours in which construction may occur to avoid disturbance. In addition, equipment shall be fitted with mufflers and kept tuned and well maintained to avoid excessive noise. Sensitive receptors in the area (residents along Grass Lake Road) would be notified of the construction process so that they may prepare by closing windows and doors. With implementation of the following mitigation measures, impacts would be reduced to a less than significant level. NOISE - 3: Construction Noise Reduction Program. The construction manager shall ensure that the following construction noise control measures are implemented to minimize noise disturbances at sensitive receptors during construction activities: 1. The District shall restrict noise-producing construction activities to the hours between 8:00 a.m. and 6:30 p.m. 2. Newer equipment with improved noise muffling shall be used and all equipment items shall have the manufacturers' recommended noise abatement measures, such as mufflers, engine covers, and engine vibration isolators intact and operable. 3. Construction equipment shall be inspected weekly to ensure proper maintenance and presence on noise control devices. ..J JULY 31,2003 PARSONS PAGE 28 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS \., 4. Sensitive noise receptors would be specifically identified and notified in advance to keep windows and doors closed during peak construction activity. 5. Sensitive noise receptors should be notified when blasting will be conducted and instructed as to actions necessary to reduce noise impacts. Public Services and Utilities PSU-4: Will the project decrease access to existing park and recreation facilities or create new recreational opportunities? Impact: The Project would require temporary construction on the USFS Campground Road, which would result in road closure. Construction along SR 89 may temporarily limit recreational access in the area. The Project may lead to the development of an informal trail between SR 89 and the pump station as a result of vegetation clearing. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding ~ The Transportation Management Plan would include measures to maintain recreational access to areas outside the construction corridor. In addition, the creation of recreational trails through vegetation removal would be hindered through revegetation and restoration of the alignment. The placement of boulders, logs, and forest debris, along with planting trees, shrubs, and seeds along the alignment would discourage the use of the alignment as a recreational trail. With implementation of the following mitigation measure, impacts would be reduced to a less than significant level. PSU-4 Recreational Access Controls. Access to existing recreational resources, such as Big Meadow trailhead, would be maintained through the implementation of the Traffic Management Plan. Potential recreational access points that may be created due to vegetation clearing within the construction corridor shall be discouraged through the revegetation of the alignment. To discourage use of the corridor for mountain biking or other recreational activities, boulders and downed trees will be scattered throughout the clearing corridor, especially at roadway crossing locations. In addition, the revegetation of the alignment as presented in the Restoration Design Report would create additional natural barriers, making the construction corridor unavailable as a recreational route. PSU-5: Will project construction interfere with law enforcement and fire protection services? \r Impact: Construction within SR 89 for approximately 1,200 feet would increase traffic by reducing travel to one lane, affecting response time and access. JUL Y 31, 2003 PARSONS PAGE 29 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding ,.." In accordance with the Traffic Management Plan, one lane shall remain open and emergency access shall be available at all times. Emergency service providers shall be kept informed when access will be limited and how they may proceed through the construction area without delay. Radio communications shall be used between the emergency service providers and construction crew to ensure no delays occur when the service provider enters the area. With implementation of the following mitigation measure, impacts would be reduced to a less than significant level. PSU-5: Emergency Access Controls. The District shall be required to maintain vehicular access on SR 89 and Grass Lake Road during all phases of project construction pursuant to the TMP. The Lake Valley Fire Protection District and EI Dorado County Sheriffs Department will be notified daily of the roadway status and construction operations. Prior to the commencement of construction activities, the construction foreman shall meet with the fire and law enforcement service providers to discuss contact persons, communication techniques, project access, and trench rescue operations. Cultural/Historical Resources ..j CUL-l: Potential to disturb or alter known, potentially-eligible National Register properties, including archaeological, historical, architectural, and Native American/traditional heritage resources? Impact: The construction of the pipeline will disturb the Old Alpine Highway (FS 05-19-786) above SR 89 in the Forest Service Road 12N13 area by trenching in portions of the Old Alpine Highway Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding In order to avoid impacts to the Old Alpine Highway, construction shall be limited to the paved portions of the roadway, which has already experienced disturbance and does not significantly contribute to the historical value of the resource. Implementation of the following mitigation measure would reduce the adverse effects to a less than significant level. CUL-IA: Limit Disturbance to Paved Sections of FS 05-19-786: Project activities have the potential to disturb the elements that contribute to the eligibility of FS 05-19-786 to the National Register. To offset this potential disturbance, .."J project trenching and movement of heavy machinery will be restricted to occur JUL Y 31, 2003 PARSONS PAGE 30 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS \., within the project alignment boundaries. No more trees than indicated by the L TBMU will be removed in order to preserve the overall setting of the historic resource. Repaving of the road will not affect its eligibility because such maintenance activities have occurred at least once over the past 40 years. CUL-2: Potential to disturb unknown archaeological resources? Impact: Ground disturbing activities such as trenching may result in encounters with unknown buried resources. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding Although unknown cultural resources may be buried beneath the construction area, mitigation measures can be implemented to reduce adverse effects. If resources are discovered, construction shall stop immediately until the L TBMU can determine the significance of the resource and provide authorization to recommence construction. Implementation of the following mitigation measure would reduce the adverse effects to a less than significant level. \., CUL-2: Protect Buried Cultural Resources: In the event that buried cultural resources are discovered during the course of project activities, construction operations shall immediately stop in the vicinity of the find and the L TBMU, as lead federal agency, shall be notified. At the discretion of the L TBMU, the undertaking may proceed provided reasonable efforts are implemented to minimize harm to the resource until a determination of significance can be made. Cultural resources could consist of, but not be limited to, artifacts of stone, bone, wood, shell, or other materials, or features, including hearths, structural remains, or dumps. Scenic Resources SR-l: Will the Project be inconsistent with any County General Plan or regulations, standards, or guidelines of agencies (TRP A and USFS) with jurisdiction in the area regarding Scenic Corridors? SR-2: Will the Project be visible from or cause an adverse effect on foreground or middleground views from a high volume travelway, recreation use area, or other public use area, including Lake Tahoe, TRP A designated bike trail, or state or federal highway? .... SR-3: Will the Project be inconsistent with the TRP A Scenic Quality Improvement Program or Design Review Guidelines or the L TBMU Visual Quality Objective (vQO)? JUL Y 31, 2003 PARSONS PAGE 31 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT FINDINGS Impact: The Project would create a path of tree and vegetation removal from the .. ..,j Luther Pass pump station to SR 89, adversely affecting views from scenic ... roadways, standards for scenic corridors, and the VQO. Finding: A. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR/EIS/EIS. Facts Supporting the Finding Although trees and other vegetation would be removed from the construction corridor, replanting and replacement of forest duff, boulders, and downed logs would reduce scenic damage. Trees would be replanted, particularly at the scenic viewpoints from SR 89, and shrubs and seeds would be planted throughout the corridor. By planting, the visual effects of vegetation loss are minimized. Revegetation would follow the Restoration Design Report in the FEIR/EIS/EIS. The following mitigation measure would reduce visual impacts to a less than significant level. SR-IA: Revegetation of Construction Corridor: According to TRP A standards for revegetation (Code of Ordinances, Chapter 77), the District must prepare a revegetation plan that includes replacement of all trees removed during construction of the replacement pipeline with like species, and shall size the trees according to TRP A standards. According to these standards, trees shall be a minimum of six feet tall, or I.S-inch caliper size or diameter at breast height. Implementation of the Revegetation Plan will reduce the scenic impact of the ...J pipeline alignment clearing. The area directly above the pipeline will not be revegetated with containerized plantings, but will be seeded with grasses and forbs. In addition, native vegetation, woody debris, and rocks will be stockpiled during clearing and placed over the pipeline right-of-way following construction to obscure the alignment and maintain the scenic character of the area. Some large-sized trees would be planted near pipeline road crossings to minimize effects to the view corridor. Vegetation will be planted to mimic the form, line, colors, and textures of the surrounding environment. Trees and shrubs will be clustered near roadways to provide visual variation and not a stagnant pattern of planting that is not characteristic of the surroundings. .j JULY 31,2003 PARSONS PAGE 32 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT STATEMENT OF OVERRIDING CONSIDERATIONS \., STATEMENT OF OVERRIDING CONSIDERATIONS CEQA states that a project shall not be approved if it would result in a significant environmental impact, or if feasible mitigation measures or feasible alternatives cannot avoid or substantially lessen the impact, unless overriding considerations detennine unavoidable impacts to be acceptable (CEQA Section 15092). A project with unavoidable adverse impacts can be approved only if overriding considerations such as economic, social, or other considerations make it infeasible to substantially lessen or avoid an impact. The STPUD B-Line Phase III Export Pipeline Replacement Project Final EIR (California State Clearinghouse #2001122001) has been certified, and it has been determined that the Project (Alternative E) may result in significant and unavoidable impacts to public safety (PS-7), groundwater (HYDRO-3), air quality (AIR-I), and potentially traffic delays on SR 89 (LU-3). There are no mitigation measures or project alternatives that would reduce these significant and unavoidable impacts to a less than significant level. SIGNIFICANT AND UNAVOIDABLE IMPACTS ...., PS-7: Will project operation subject persons or property to severe risk of upset or harm? Mitigation measures (PS-7) to protect persons and property from harm due to pipeline failure have been adopted; however, a risk of pipeline failure through human error may potentially occur and harm persons or property along the pipeline corridor. This significant and unavoidable consequence of the project is present for all the alternatives studied, including the No Project Alternative. No feasible mitigation is available to eliminate the risks associated with operating a high-pressure, treated water pipeline in an area where future construction or maintenance of infrastructure may occur. Construction crews for future infrastructure maintenance projects may damage the line even with mapping and signage of the pipeline as a result of human error. The hazards associated with pipeline failure increase for the No Project Alternative, as the existing pipeline is damaged and has experienced failures in the past; therefore, replacement of the line decreases, but does not eliminate the existing safety hazard, and the impact of future pipeline operation would remain significant and unavoidable. HYDRO-3: Will Project construction or operation interfere with groundwater movement or reduce groundwater infIltration? t.., Project designs and mitigation measures (HYDRO-3) have been adopted to reduce potential groundwater interference; however, groundwater movement may be modified as a result of pipeline construction under all action alternatives studied in the EIR/EIS. High groundwater exists within the entire project area. Detailed groundwater infonnation JULY 31,2003 PARSONS PAGE 33 STPUD B-LINE PHASE III PIPELINE REPLACEMENT PROJECT STATEMENT OF OVERRIDING CONSIDERATIONS is not available in all forested locations because of the lack of site access for heavy .. A " equipment. As such, it cannot be determined with certainty that project design measures ,..., and proposed groundwater mitigation measures will be completely successful in avoiding the interception or redirection of existing groundwater movement. Therefore, this is a potentially significant and unavoidable impact for all action alternatives. AIR-I: Will the project construction activities deteriorate ambient air quality? Short term impacts to air quality (AIR-I) during construction would also result in a significant and unavoidable impact for all action alternatives studied in the EIRlEIS. Construction activity would emit dust and particulate matter as well as vehicle emissions. Although this would only occur during the construction period, mitigation measures, as listed in the EIR/EIS/EIS, would only reduce and not completely mitigate the impact. This impact was determined significant and unavoidable for all the alternatives with the exception of the No Project Alternative, as each development alternative would require construction trenching, blasting, traffic, and equipment use. Since this is a significant and unavoidable impact for each of the action alternatives, there are no feasible alternatives to the temporary increase in air pollutants other than the No Project Alternative. However the No Project Alternative does not meet the goals of the project and is considered the least environmentally preferable due to the public safety, water quality, and public service impacts associated with this alternative. Implementation of Mitigation Measures AIR-la and Ib would reduce project-related emissions, but the project would still have the potential to exceed air quality standards during construction. Therefore, this impact is considered to be significant and unavoidable. ~ LU-3: Will the project be consistent with Caltrans encroachment permit conditions? The Project also has the potential to conflict with Caltrans' highway encroachment requirements for SR 89 (LU-3). The project would conflict with maximum traffic delay standards of 30 minutes during blasting operations, and would require lane closures over weekend periods. To mitigate this conflict, an encroachment permit containing a Traffic Management Plan (TMP) would need to be authorized by Caltrans prior to construction. Although it is likely that Caltrans would grant the permit as discussed in the Caltrans letters dated January 21, 2003 and December 9, 2002 (DEIR/EIS/EIS Appendix G), the TMP will need to include measures to reduce delays above 30 minutes and traffic effects from weekend lane closures during May and June. Caltrans has indicated that they will work with the District to develop adequate traffic management solutions; however, there is potential that Caltrans would not issue a permit for this project if the anticipated traffic delays and closures cannot be avoided. Since Alternatives C and D are located within SR 89 for a much longer distance, these alternatives would not eliminate the impact. Alternatives A, B, and the No Project Alternative would be consistent with Caltrans encroachment standards and would eliminate Impact LU-3, but these alternatives would result in greater impact to natural resources than the Alternative E Project. If Caltrans does not authorize an encroachment permit for the Project, this impact is considered a significant and unavoidable impact. If a permit were authorized, the impact would be reduced to a less than significant level. ..,J JULY 31,2003 PARSONS PAGE 34 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT STATEMENT OF OVERRIDING CONSIDERATIONS \., OVERRIDING CONSIDERATIONS JUSTIFYING APPROVAL CEQA requires that the decision-making agency balance the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project (CEQA Guidelines) Section 15093 (a)). If the economic) legal) social, technological, or other benefits outweigh the adverse environmental effects, these adverse effects may be considered acceptable. Economic Benefits The Project's economic benefit includes a substantial reduction in the anticipated repair and maintenance costs associated with the continued operation of the existing export pipeline, and the immeasurable cost savings from eliminating predicted breaks of the existing export pipeline that would discharge treated effluent into National Forest lands, creeks, and other drainages. Legal Benefits There are no legal benefits associated with the Project. Social Benefits \., The Project's social benefits include the improved reliability of the export system, which will result in a more reliable sewer service. Failures of the export pipeline disrupt sewer operations and could possibly interfere with function of the South Lake Tahoe community. Further, the potential discharge of treated effluent from a pipeline failure would degrade surface water quality and its beneficial uses for fisheries, drinking supplies, and recreation. Technological Benefits Technologically, the replacement pipeline would be much more advanced, accounting for over 30 years of technological improvements that were not available at the time the original line was installed. Better technology results in fewer repairs and less invasive maintenance. This reduces the risks of pipeline failure and the hazards associated with failure events. While replacement does not allow for better water treatment or faster transport, it does improve the reliability of the system and increases function by resulting in fewer system failures and service interruptions. Conclusion ~ The Project best meets the goals of the District with the least amount of adverse environmental) social, and economical impacts. Implementation of the STPUD B-Line Phase III Export Pipeline Replacement Project would result in benefits) including replacement of a failing export pipeline and increased maintenance accessibility to the pipeline. The Project reduces risks associated with pipeline failure and reduces the need for ongoing repairs, which require access to the existing forested export pipeline. The significant and unavoidable impacts associated with the Project (Alternative E) would JUL Y 31, 2003 PARSONS PAGE 35 STPUD B-L1NE PHASE III PIPELINE REPLACEMENT PROJECT STATEMENT OF OVERRIDING CONSIDERATIONS also be significant and unavoidable impacts under the other action alternatives that were studied in the EIR/EIS/EIS. The No Action alternative would result in eight significant .."J and unavoidable impacts compared to the four identified for the Project (DEIR/EIS/EIS Table 5-1). In balancing the Project benefits against the significant impacts, the District finds that the public benefits of the Project outweigh the unavoidable impacts, and therefore detennines that the impacts are acceptable. ..J .J JULY 31,2003 PARSONS PAGE 36