The URL can be used to link to this page

Home My WebLink AboutRES NO 048-17RESOLUTION NO. 04 8 17 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR MANOR STREET BRIDGE REHABILITATION AND SEISMIC RETROFIT PROJECT GENERALLY LOCATED ON MANOR STREET OVER THE KERN RIVER. WHEREAS, the City of Bakersfield proposes to construct Manor Street Bridge Rehabilitation and Seismic Retrofit Project located on Manor Street over the Kern River as shown on map attached as Exhibit "B ", (the "Project"); and WHEREAS, the Clerk of the City Council set Wednesday, April 19, 2017 at 5:15 P.M. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place before the City Council to consider the proposed Mitigated Negative Declaration (SCH #2017021001); and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the staff report, initial study, public comment, and Mitigated Negative Declaration support the following findings: All required public notices have been given, and the required public review period commenced on February 1, 2017 and ended on March 2, 2017. 2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project under CEQA and an initial study was completed. A Mitigated Negative Declaration was prepared and properly noticed for public review. 3. A Mitigated Negative Declaration for the Project is the appropriate environmental document. In accordance with CEQA, staff prepared an initial study and indicated that because mitigation measures relating to those impacts identified in the initial study have been incorporated into the Project, the Project will not significantly impact the physical environment. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Mitigated Negative Declaration for the Project is hereby adopted subject to the mitigation measures in Exhibit "A" for the Project located on the map as shown in Exhibit B, both of which are incorporated herein. SEESIF.M. Page 1 of 2 oFg�KF9r m � o ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on APR 1 9 1017 , by the following vote: ® ✓ ✓ ✓ ✓ ✓ r COUNCILMEMBER. RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, EARLIER NOES: COUNCILMEMBER'. NDr� ABSTAIN: COUNCILMEMBER: NCn ABSENT: COUNCILMEMBER: NOnL Christ�ophc Gerry Interim CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 19 2017 O KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attory�gy ANDREW HEGLUND Deputy City Attorney II Exhibits: A Mitigation Measures B Location Map BY: _\ Page 2 of 2 gAK i m � o ORIGINAL Mitigation Monitoring and Report Program Manor Street Bridge Seismic Retrofit Project (BHLSZ -5109 (166), Caltrans Br. No 5000021 L &R; City Project Number TOK209) o ury� a c� n Ol3i�sa Manor Street Bridge Seismic Retrofit Impact Mitigation Measure MM #3.4 -1: The project proponent shall follow the USFWS Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance. The measures that are listed below have been excerpted from those guidelines and would protect San Joaquin kit foxes from direct mortality. The project proponent shall determine the applicability of these measures depending on specific construction activities, and shall implement and /or modify them when required through consultation with the CDFW and USFWS. • Pre - construction surveys shall be conducted no fewer than 14 days and no more than 30 days prior to the beginning of ground disturbance and /or construction activities, or any project activity likely to impact the San Joaquin kit fox or American badger. Project- related vehicles shall observe a daytime speed limit of 20 -mph throughout the site in all project areas, except on county roads and State and federal highways; this is particularly important at night when kit fox are most active. Although not anticipated for this project, night- time construction shall be minimized to the extent possible. However, if night construction should occur, then the speed limit shall be reduced to 10 -mph. Off -road traffic outside of designated project areas shall be prohibited. Implementation Project Proponent /Contractor Monitoring City of Bakersfield 12 ci *vp Admin Draft Initial Study /Mitigated Negative Declaration January 2017 a x City of Bakersfield Page 95 o�3ij5a Manor Street Bridge Seismic Retrofit Project MMRP Mitigation Measure Implementation Monitoring To prevent inadvertent entrapment of kit fox or other animals during the construction phase of a project, all excavated, steep - walled holes or trenches more than 2 -feet deep shall be covered at the close of each working day by plywood or similar materials. If the trenches cannot be closed, one or more escape ramps constructed of earthen -fill or wooden planks shall be installed. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals. Kit fox are attracted to den -like structures such as pipes and may enter stored pipes and become trapped or injured. All construction pipes, culverts, or similar structures with a diameter of 4- inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. • All food - related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in securely closed containers and removed at least once a week from a construction or project site. • No pets, such as dogs or cats, shall be permitted on the project site to prevent harassment, mortality of kit fox, or destruction of dens. c O I T K 0 Admin Draft Initial Study /Mitigated Negative Declaration January 2017 o m City of Bakersfield Page 96 D Manor Street Bridge Seismic Retrofit Impact Mitigation Measure Implementation Monitoring Use of rodenticides and herbicides in project areas shall be restricted. This is necessary to prevent primary or secondary poisoning of kit fox and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other State and federal legislation, as well as additional project - related restrictions deemed necessary by the Service. If rodent control must be conducted, zinc phosphide shall be used because of a proven lower risk to kit fox. A representative shall be appointed by the project proponent who will be the contact source for any employee or contractor who might observes a kit fox. The representative will be identified during the employee education program and their name and telephone number shall be provided to the USFWS. An employee education program shall be conducted for any project that has anticipated impacts to kit fox or other endangered species. The program shall consist of a brief presentation by persons knowledgeable in kit fox biology and legislative protection to explain endangered species concerns to contractors, their employees, and military and /or agency personnel involved in the project. The program shall include the following: A description of the MMRP D cir�o -° m Admin Draft Initial Study /Mitigated Negative Declaration January 2017 City of Bakersfield Page 97 n a� oi�iis Manor Street Bridge Seismic Retrofit Project MMRP Impact Mitigation Measure Implementation Monitoring No. San Joaquin kit fox and its habitat needs; a report of the occurrence of kit fox in the project area; an explanation of the status of the species and its protection under the Endangered Species Act; and a list of measures being taken to reduce impacts to the species during project construction and implementation. A fact sheet conveying this information shall be prepared for distribution to the previously referenced people and anyone else who may enter the project site. Upon completion of the project, all areas subject to temporary ground disturbances, including storage and staging areas, temporary roads, pipeline corridors, etc. shall be re- contoured if necessary, and revegetated to promote restoration of the area to pre - project conditions. An area subject to "temporary" disturbance means any area that is disturbed during the project, but after project completion will not be subject to further disturbance and has the potential to be revegetated. Appropriate methods and plant species used to revegetate such areas shall be determined on a site - specific basis in consultation with the USFWS, CDFW, and revegetation experts. • In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape, or the USFWS shall be contacted for guidance. 0 UTV oq Admin Draft Initial Study /Mitigated Negative Declaration January 2017 5 y City of Bakersfield Page 98 n Street Bridge Seismic Retrofit Impact Mitigation Measure Implementation Monitoring • The above listed measures would also protect American badgers. • New sightings of kit fox shall be reported to the CNDDR A copy of the reporting form and a topographic map clearly marked with the location of where the kit fox was observed shall also be provided to the USFWS at the address below. Any project - related information required by the Service or questions concerning the above conditions or their implementation may be directed in writing to the USFWS Service at: Endangered Species Division, 2800 Cottage Way, Suite W2605, Sacramento, California 95825 -1846, (916) 414- 6620 or (916) 414 -6600. MM #3.4 -2: Protocol -level pre- activity surveys for Swainson's hawk shall be conducted prior to construction following the Recommended Timing and Methodology for Swainson's Hawk Nesting Surveys in California's Central Palley and the Staff ReportMitlgation for Impacts to Swainsods Hawks (Buteo swainsom) in the Central palleyofCalifornia. To reduce project related impacts to active bird nests and to reduce the potential for construction activities to interrupt breeding and rearing behaviors of birds, the following measures shall be implemented prior to and during construction activities scheduled to occur within the nesting season (February 1 to September 1S) to reduce direct and indirect impacts: Project Proponent /Contractor City of Bakersfield MMRP C) UITKO Admin Draft Initial Study /Mitigated Negative Declaration January 2017 n City of Bakersfield Page 99 n '— O131j'a Manor Street Bridge Seismic Retrofit Mitigation Measure No. • A pre - construction survey shall be conducted within a half -mile radius of all project activities. A'windshield survey' at approximately 5 miles per hour is preferable when an adequate roadway is available. Walking surveys are useful in locating a nest after a nest territory is identified, or when driving is not an option. Surveys will be performed by a qualified biologist or ornithologist to verify the presence or absence of nesting birds. • If potential Swainson's hawk nests or nesting substrates are found within 0.5 mile of the project, then those nests or substrates must be monitored for activity on a routine and repeating basis throughout the breeding season, or until Swainson's hawks or other raptor species are verified to be using them. • The protocol recommends that up to 10 visits to be made to each nest or nesting site: one during January 1 -March 20 to identify potential nest sites, three during March 20 to April 5, three during April 5 to April 20, and three during June 10 to July 30 to locate hawks preparing to nest. Known nest sites shall be monitored from April 21 through June 10 and post - fledging activity shall be monitored from June 10 to July 30. To meet the minimum level of protection for the species, surveys shall be completed for at least the two survey periods immediately prior to project - related ground disturbance activities. Implementation Monitoring MMRP 0 c!ry p� Admin Draft Initial Study /Mitigated Negative Declaration January 2017 c� m City of Bakersfield Page 100 ol3lisa Manor Street Bridge Seismic Retrofit Impact Mitigation Measure Implementation Monitoring No. • IfSwainsods hawks are not found to nest within the survey area, then no further action is warranted. • If Swainson's hawks are found to nest within the survey area then the following measures shall be implemented: a) A 2,500 -foot (0.5 miles) radius no- construction zone shall be installed around each active Swainson's hawk nesting site if construction is to occur within the breeding period for Swainson's hawk (15 February to 15 September). The 2,500 -foot radius no construction zone may be reduced in size through consultation with the CDFW and /or USFWS if determined that construction activities are not disrupting breeding behaviors, or have the potential to result in nest abandonment or nesting success. b) If a construction area falls within this nesting site buffer area, construction must be delayed until the young have fledged (left the nest). Disruption of breeding activities, interference of nesting success, removal of nests, or other forms of take of this species would require permits from the USFWS. MM #3A -3: To protect the western spadefoot, pre- Project Proponent /Contractor City of Bakersfield construction survey to identify suitable habitat shall be conducted within two weeks of the construction. If habitat containing small mammal burrows that could be occupied by this species is found within the BSA, then all small mammal burrows along the MMRP Admin Draft Initial Study /Mltlgated Negative Declaration lanuary2017 y City of Bakersfield Page 101 a Manor Street Bridge Seismic Retrofit Impact Mitigation Measure Implementation Monitoring No. banks of the Kern River within the BSA will be hand excavated. Small mammal burrows at other locations that will be disturbed by deep ripping or deep excavation of soil that are outside of the OHWM may be excavated. All spadefoots encountered will be relocated to nearby burrows located outside of the BSA. A biological monitor shall be present onsite during all ground disturbing work. MM #3.4 -4: Pre- construction surveys shall be performed in areas where there is a potential for western pond turtle to occur, particularly along the Kern River, of the most northern area of the drainage at the south side of the access road before it enters the Kern River, and upland habitat (nesting areas) near these wet features. If western pond turtles are found along the Kern River or the drainage area, barrier fencing shall be installed 50 feet upstream and 50 feet downstream from the construction area, in a manner that will prohibit turtles from entering the work area. If western pond turtles are found in the drainage, a 100 -foot buffer shall be set up around nearby construction zones to prohibit turtles from entering work areas. If western pond turtle is found in upland habitat within the work area, a 100 -foot buffer will be set up around nearby construction zones to prohibit turtles from entering work areas, and turtles will be relocated to similar habitat in which they are found or in other suitable habitat (e.g. downstream) outside the 100 -foot buffer. Project Proponent /Contractor City of Bakersfield MMRP MM #3.4 -5: To protect the tricolored blackbird, pre- Project Proponent /Contractor City of Bakersfield construction survey shall be conducted if M c r O' Admin Draft Initial Study /Mitigated Negative Declaration January 2017 x City of Bakersfield Page 102 ➢ 0131 S Manor Street Bridge Seismic Retrofit Impact Mitigation Measure Implementation Monitoring Nn construction is scheduled to begin within the breeding season (February 15 to September 15). Surveys shall be conducted within 14 days of construction following the guidelines in Tri- colored Blackbird Survey Protocols. All habitat that could support this species including riparian trees, shrubs, and cattails located within 500 feet of the project site shall be surveyed. If tricolored blackbird is found nesting within the survey area, construction activities shall be designed in such a manner that the nest will be avoided by 250 feet until young have fledged, unless otherwise directed by CDFW. Modifications to the habitat that would result in the inability of the tri- colored blackbird to use the site for breeding in future breeding seasons shall be prohibited. Disruption of breeding activities, interference of nesting success, removal of nests, or other forms of take of this species would require a permit from the CDFW. MM #3.4 -6: To reduce potential impacts that could occur during construction activities to western mastiff bat, the following measures shall be implemented prior to and during construction activities: • Prior to the commencement of any or construction activities within 100 feet of the project, a focused biological survey shall be conducted 14 days prior to the start of the proposed construction activities to determine presence of roosting bats. A survey shall be conducted during the day to determine potential signs of bats (e.g., urine stains, guano) Project Proponent /Contractor City of Bakersfield MMRP i GiTV0 d Admin Draft Initial Study /Mitigated Negative Declaration January 2017 City of Bakersfield Page 103 D Manor Street Bridge Seismic Retrofit Project MMRP Impact Mitigation Measure Implementation Monitoring No. and at dusk, when bats would be expected to be emerging from roost sites. If a roost is identified, an acoustic survey shall be conducted by a wildlife biologist qualified to identify the species of bats using the roost. If the survey determines that no roosting bats are present in trees that would be disturbed by the project, no further avoidance and minimization measures are required. • If roosting bats are present, the biologist will determine if the roost is a day roost or is a maternal roost. • If the roost is determined to be a maternal roost, construction activities that cause the abandonment of the maternal roost or cause harm to bats will be prohibited until the biologist determines that the bat pups have left the roost and are able to fend for themselves. The biologist will consult with the CDFW for further guidance on avoiding and minimizing impacts on a maternal colony. • If it is determined that the roost is a day roost, the wildlife biologist who conducted the preconstruction survey will recommend appropriate measures to exclude the bats from roosting sites that would be destroyed or removed by the project. Appropriate measures to exclude bats from roosting sites include installing exclusion devices such as a polystyrene material. The material shall be placed in a manner that seals off the roost p CITYo 7U e Admin Draft Initial Study /Mitigated Negative Declaration January 2017 z x City of Bakersfield Page 104 o��t�sa Manor Street Bridge Seismic Impact Mitigation Measure Implementation Monitoring No. site to such a degree to prevent bats from entering. The installation of these exclusion devices shall occur during the coldest winter months (December through February), and weekly monitoring of the excluded sites shall be conducted to identify any failure and conduct any repairs that would be needed. Once construction activities are concluded, artificial roost enclosure structures would be installed to either the girders under the bridge or on the existing pier walls to allow bats access to the roost sites (See Appendix J of the NES [Appendix B)). The biologist will also recommend, through consultation with the CDFW and other bat experts, appropriate replacement roosting habitat for the displaced bats. If bats are determined to be roosting within the BSA or 100 feet buffer, the above measures will be implemented before construction disturbance occurs. MM q3.4 -7: Any tree or shrub removal required for the project shall occur, when feasible, during the avian non - breeding season of approximately September 1 to January 30. If vegetation clearing is conducted between February 1 and August 31, surveys for active white - tailed kite nests shall be conducted by a qualified biologist no more than 14 days prior to the start of construction. If white - tailed kite active nests are found, nests shall be avoided by 500 feet no- disturbance buffer until a qualified biologist has determined that the young have Project Proponent /Contractor MMRP City of Bakersfield -V c Admin Draft Initial Study /Mitigated Negative Declaration January 2017 City of Bakersfield Page 105 D ate' Manor Street Bridge Seismic Retrofit Impact Mitigation Measure Implementation Monitoring No. fledged and are no longer reliant upon the nest or parental care for survival or until the regulating wildlife agency provided direction otherwise. MM k3.4 -8: Appropriate minimization and avoidance measures shall be as provided in California Bat Mitigation Techniques, Solution, and Effectiveness Guidelines(H.T. Harvey & Associates 2004). Rehabilitation work on the bridge shall be conducted during the winter months, between November 15 and March 15, when the fewest number of bats are expected to inhabit the bridge. If construction activities are extended outside of the recommended period or are altered in a manner that directly impacts any roosting bat, the roosting sites (e.g. expansion joint) may need to be excluded to prevent bats from establishing nursery colonies. All exclusion activities shall occur between November 15 and March 15, prior to the establishment of nursery colonies and when the fewest numbers of roosting bats are expected to inhabit the bridge. • A survey shall be conducted 14 days prior to the start of the proposed activity to determine the presence of roosting bats. • If the qualified biologist determines that no bats are present at known and potential roost sites that would be affected by the construction activities, then exclusion would be achieved by installing a polystyrene material. The material shall be placed in a manner that seals off the roost site to such a degree to prevent bats from Project Proponent /Contractor City of Bakersfield OI YOB -0 m Admin Draft InItial Study /Mitigated Negative Declaration January 2017 Q x City of Bakersfield Page 106 � oial�sa Street Bridge Seismic Retrofit Proiect MMRP Impact Mitigation Measure Implementation Monitoring No. entering. The installation of these exclusion devices shall occur during the coldest winter months (December through February), and weekly monitoring of the excluded sites shall be conducted to identify any failure and conduct any repairs that would be needed. Once construction activities are concluded, artificial roost enclosure structures would be installed to either the girders under the bridge or on the existing pier walls to allow bats access to the roost sites (See Appendix I of NES [Appendix B]). • If the qualified biologist does identify roosting sites occupied by bats, the exclusions methodology may consist of, but is not limited to • Installing one -way exits within the exclusion devices that allow bats to leave, but not re- enter the roost. The one -way exits shall be examined frequently to make sure that they are effective, and no bats are becoming trapped within the roost. All one way exits shall be removed and replaced with exclusion material after all bats have vacated the roost. • If the one -way exits are not effective, the qualified biologist may need to revisit the roost site at night to see if the bats have vacated the roost. if the bats have vacated the roost, exclusion devices shall then be installed. p G ;iv o Admin Draft Initial Study /Mitigated Negative Declaration January 2017 U City of Bakersfield Page 107 n Manor Street Bridge Seismic Retrofit Mitigation Measure • If a nursery colony is determined to be present (including non - volant pups), exclusion shall not be attempted and the roost site shall be left undisturbed until all bats are able to vacate the roost of their own volition. Once bats have vacated the roosting sites, exclusion may be accomplished as described above. MM #3.4 -9: Exclusion fencing shall be placed around the perimeters of the project footprint that are within, or nearest, the riparian corridor along the Kern River and a biological monitor shall oversee all clearing and grubbing activities to ensure that impacts to riparian habitat are avoided and /or minimized. MM #3.4 -10: All areas of affected riparian habitat shall be restored. Herbaceous layers and shrub layers, if affected, shall be planted on exposed soil to prevent erosion and facilitate succession of the riparian habitat. Trees and or shrubs that are greater than or equal to 4 inches in diameter at breast height that are removed within the riparian habitat shall be replaced through compensatory planting at a ratio consistent with the requirements of the Lake and Streambed Alteration Agreement if required for the project. If a LSAA is not required, the riparian habitat shall be replaced a 4:1 ratio. Planting within the Project site or associated roadway easement shall occur to restore and maintain the viability of the affected habitat. Off -site planting shall only be permitted if on -site planting is not feasible. Implementation Monitoring Project Proponent /Contractor City of Bakersfield Project Proponent /Contractor City of Bakersfield MMRP O GUY OT m Admin Draft Initial Study /Mitigated Negative Declaration January 2017 City of Bakersfield Page 108 n oiaiasa p CMK O, 0 s 7 m a ai3i�s Street Bridge Seismic Retrofit Impact Mitigation Measure Implementation Monitoring No. MM #3.4 -11: Prior to construction, the project Project Proponent /Contractor City of Bakersfield proponent shall determine whether the USACE wants to take jurisdiction over impacts within the OHWM of the Kern River as a result of the Project If USACE determines that the Project would affect waters of the United States under USACE's jurisdiction, then the project proponent shall obtain an approved Clean Water Act Section 404 Permit from USACE prior to the commencement of construction activities. MM ff3A -12: Prior to construction, the project proponent shall determine whether the State Water Resources Control Board (SWRCB) and Central Valley Regional Water Quality Control Board ( RWQCB) wants to take jurisdiction over impacts within the OHWM of the Kern River as a result of the Project. If the SWRCB and Central Valley RWQCB determine that the Project would affect waters of the State, then the project proponent shall either 1) verify coverage under an allowable Nationwide Permit or 2) obtain an approved Clean Water Act Section 401 Water Quality Certification prior to the commencement of construction activities. MM H3.4 -13: Prior to construction, the project proponent shall determine whether CDFW considers the bed, channel, or banks of the Kern River under their regulatory control. If the CDFW determines that the Project affects bed, channel, or banks under their control, then the project proponent shall obtain an approved Lake and Streambed Alteration Agreement prior to the commencement of construction activities. Project Proponent /Contractor City of Bakersfield Project Proponent /Contractor City of Bakersfield MMRP Admin Draft Initial Study /Mitigated Negative Declaration January 2017 City of Bakersfield Page 109 Manor Street Bridge Seismic Retrofit Project _ MMRP Impact Mitigation Measure Implementation Monitoring No. _ aa•, `i^ s, A MM #3.5 -1 If prehistoric or historic -era cultural City of Bakersfield materials are encountered during construction Project Proponent /Contractor activities, all work within 50 feet of the find shall halt until a qualified professional archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards for prehistoric and historic archaeologist, can evaluate the significance of the find and make recommendations. Cultural resource materials may include prehistoric resources such as flaked and ground stone tools and debris, shell, bone, ceramics, and fire- affected rock as well as historic resources such as glass, metal, wood, brick, or structural remnants. If the qualified professional archaeologist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required to mitigate adverse impacts from project implementation. These additional studies may include avoidance, testing, and evaluation or data recovery excavation. If a potentially - eligible resource is encountered, then the qualified professional archaeologist, the Lead Agency, and the project proponent shall arrange for either 1) total avoidance of the resource or 2) test excavations to evaluate eligibility and, if eligible, total data recovery. The determination shall be formally documented in writing and submitted to the Lead Agency as verification that the provisions for managing unanticipated discoveries have been met. cirr p Admin Draft Initial Study /Mitigated Negative Declaration January 0 � City of Bakersfield Page 11 110 0 z n o�aiasa Manor Street Bridge Seismic Retrofit Project MMRP tmpacc Mitigation Measure Implementation Monitoring No. MM #3.5 -2: During any ground disturbance Project Proponent /Contractor City of Bakersfield activities, if paleontological resources are encountered, all work within 50 feet ofthe find shall halt until a qualified paleontologist as defined by the Society of Vertebrate Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources (2010), can evaluate the find and make recommendations regarding treatment. Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock. The qualified paleontologist shall contact the Natural History Museum of Los Angeles County of other appropriate facility regarding any discoveries of paleontological resources. If the qualified paleontologist determines that the discovery represents a potentially significant paleontological resource, additional investigations and fossil recovery may be required to mitigate adverse impacts from project implementation. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided to ensure no adverse effects, or such effects must be mitigated. Construction in that area shall not resume until the resource appropriate measures are recommended or the materials are determined to be less than significant. If the resource is significant and fossil recovery is the identified form of treatment, then the fossil shall be deposited in an accredited and permanent scientific rJ CITY O Admin Draft Initial Study/Mltlgated Negative Declaration January2017 a City of Bakersfield Page 111 c� z- v OTjSZ Manor Street Bridge Seismic Retrofit Project MMRP Impact Mitigation Measure Implementation Monitoring No. institution. Copies of all correspondence and reports shall be submitted to the City of Bakersfield Public Works Department. MM #3.5 -3: If human remains are discovered during construction or operational activities, further excavation or disturbance shall be prohibited pursuant to Section 7050.5 of the California Health and Safety Code. The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Section 7050.5 of the Health and Safety Code, Section 5097.98 of the Public Resources Code (Chapter 1492, Statutes of 1982, Senate Bill 297), and Senate Bill 447 (Chapter 44, Statutes of 1987), shall he followed. Section 7050.5(c) shall guide the potential Native American involvement, in the event of discovery of human remains, at the direction of the Kern County coroner. All reports, correspondence, and determinations regarding the discovery of human remains on the project site shall be submitted to the Kern County Planning and Community Development Department. Project Proponent /Contractor City of Bakersfield According to the California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and willful disturbance of human remains is a felony (Section 7052). IMMOM `.si MRS, RS,AV tM� �: `�a.�c- „,..'�'. •,."..n ,� .�” sl.� "rte f'x `�' #� i ° "} MM #3.7 -1: The Project proponent shall improve Project Proponent /Contractor City of Bakersfield fuel efficiency from construction equipment during construction activities: O CITVO .71 m Admin Draft initial Study /Mitigated Negative Declaration January 2017 z ,� City of Bakersfield Page 112 n o�aiasa O GITY0, 5 x 'n a Manor Street Bridge Seismic Retrofit Project MMRP .o v— Mitigation Measure Implementation Monitoring No. 1) Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 3 minutes (5- minute limit is required by the State airborne toxics control measure [Title 13, sections 2449(d)(3) and 2465 of the California Code of Regulat ions]). Provide clear signage that posts this requirement for workers at the entrances to the site. 2) Maintain all construction equipment in proper working condition according to manufacturer's specifications. The equipment must be checked by a certified mechanic and determined to be running in proper condition before it is operated. 3) Train equipment operators in proper use of equipment. 4) Use the proper size of equipment for the job. MM #3.7 -2: The Project proponent shall perform on- site material hauling with trucks equipped with on- road engines (if determined to be less emissive than the off -road engines). MM #3.7 -3: The Project proponent shall use alternative fuels for generators at construction sites such as propane or solar, or use electrical power, as feasible. Project Proponent /Contractor Project Proponent /Contractor MM #3.7 -4: The Project proponent shall encourage Project Proponent /Contractor and provide carpools, shuttle vans, transit passes and /or secure bicycle parking for construction worker commutes. City of Bakersfield City of Bakersfield City of Bakersfield Admin Draft Initial Study /Mitigated Negative Declaration January 2017 CO of Bakersfield Page 113 Street Bridge Seismic Retrofit Prolect MMRP Impact Mitigation Measure Implementation Monitoring No. MM #3.7 -5: The Project proponent shall recycle or Project Proponent /Contractor City of Bakersfield salvage non - hazardous construction and demolition debris (goal of at least 75% by weight). MM #3.7 -6: The Project proponent shall use locally Project Proponent /Contractor City of Bakersfield sourced or recycled materials for construction materials (goal of at least 20% based on costs for building materials, and based on volume for roadway, parking lot, sidewalk and curb materials), if feasible. MM #3.7 -7: The Project proponent shall minimize Project Proponent /Contractor City of Bakersfield the amount of concrete for paved surfaces or utilize a low carbon concrete option. MM #3.7 -8: The Project proponent shall develop a Project Proponent /Contractor City of Bakersfield plan to efficiently use water for adequate dust control. MM #3.8.1: Prior to issuance of the buildin g p ermit, Project Proponent/Contractor City of Bakersfield a hazardous materials bridge survey shall be conducted. The survey shall be conducted for asbestos, lead -based paint, and treated wood. Additionally, if soil disposal is proposed, soil sampling shall be conducted prior to disposal. The report recommendations shall be incorporated into construction contract provisions. At a minimum, provisions /specifications should be included in the contractor's construction package that addresses lead, asbestos - containing materials, and /or pressure treated lumber for the purpose of worker and public safety. MM #3.8.2: A Storm Water Pollution Prevention Project Proponent /Contractor City of Bakersfield Plan (SWPPP) shall be developed and implemented O Ciry o,. Admin Draft initial Study /Mitigated Negative Declaration lanuary2017 y City of Bakersfield Page 114 s T D O131�5a Manor Street Bridge Seismic Retrofit impact Mitigation Measure Implementation Monitoring No. to minimize the amount of runoff and associated pollutants (e.g., sediments) leaving the construction site by containing the runoff onsite, containing the sediments onsite, and /or minimizing the potential for stormwater to come in contact with pollutants. The Construction Contractor shall comply with all requirements as outlined in the SWPPP. MM #3.8 -3: Construction contractors shall ensure Project Proponent /Contractor City of Bakersfield that any construction equipment that normally includes a spark arrester shall be equipped with an arrester in good working order. This includes, but is not limited to, vehicles, heavy equipment, and chainsaws. MM #3.8 -4: Construction contractors shall ensure that during construction, building areas and /or areas slated for development using spark - producing equipment shall be cleared of dried vegetation or other materials that could serve as fuel for combustion. To the extent feasible, the contractor shall keep these areas clear of combustible materials to maintain a firebreak. Project Proponent /Contractor City of Bakersfield Project Proponent /Contractor City of Bakersfield Mitigation Measure #3.9.1: Prior to issuance of the grading or building permits, the Project proponent shall obtain a Will -Serve letter from a water purveyor, indicating their ability to provide sufficient water for dust control during construction activities. MMRP 0 G YO, Admin Draft Initial Study /Mitigated Negative Declaration January2017 City of Bakersfield Page 115 z D oi3i�sa Z, CirvoF M 0 T n a' Manor Street Bridge Seismic Retrofit MMRP impact Mitigation Measure Implementation Monitoring No. Implementation of Mitigation Measures #3.4- 11, #3.4 -12, and #3.8 -2 ;'na '>i- ° - -�`'t +`i- ,.. w.? .,'�»wi „us -c-. �'` {..r_vz :y ra ..r✓si = F, =. -• MM #3.12 -1: All equipment shall have sound- Project Proponent /Contractor City of Bakersfield control devices that are no less effective than those provided on the original equipment. No equipment shall have an unmuffled exhaust. MM #3.12 -2: As directed by the project proponent, the contractor shall implement appropriate additional noise mitigation measures, including changing the location of stationary construction equipment, turning off idling equipment, rescheduling construction activity, notifying adjacent residents in advance of construction work, and installing acoustic barriers around stationary construction noise sources. Project Proponent /Contractor City of Bakersfield Implementation of Mitigation Measure 43.8 -1. Project Proponent /Contractor City of Bakersfield Implementation of Mitigation Measures #3.9 -1. Project Proponent /Contractor City of Bakersfield Admin Draft Initial Study /Mitigated Negative Declaration January 2017 City of Bakersfield Page 116 Manor Street Bridge Seismic Retrofit Project Mitigated Negative Declaration HYDROLOGYAND WATER QUALITY MM #3.9.1: Prior to issuance of the grading or building permits, the Project proponent shall obtain a Will -Serve letter from a water purveyor, indicating their ability to provide sufficient water for dust control during construction activities. Implementation of Mitigation Measures #3.4 -11, #3.4 -12, and #3.8 -2. NOISE MM #3.12 -1: All equipment shall have sound - control devices that are no less effective than those provided on the original equipment. No equipment would have an unmuffled exhaust. MM #3.12 -2: As directed by the project proponent, the contractor shall implement appropriate additional noise mitigation measures, including changing the location of stationary construction equipment, turning off idling equipment, rescheduling construction activity, notifying adjacent residents in advance of construction work, and installing acoustic barriers around stationary construction noise sources. UTILITIES AND SERVICE SYSTEMS Implementation of Mitigation Measure #3.8 -1. Implementation of Mitigation Measures 43.9 -1. Admin Draft Initial Study /Mitigated Negative Declaration January 2017 City of Bakersfield Page 128 e AK, 9q m v 0 ORIGINAL Manor Street Bridge Seismic Retrofit Project List of Preparers SECTION 6 - LIST OF PREPARERS 6.1- QK, Inc. Jaymie Brauer, Senior Planner /Project Manager Steve Esselman, Senior Planner Kimber Gutierrez, Assistant Planner Annalisa Perea, LEED AP, Associate Planner David Clark, CIS Specialist Admin Draft Initial Study /Mitigated Negative Declaration January 2017 City of Bakersfield Page129 of0�KF9 sT m o ORIGINAL Manor Street Bridge Seismic Retrofit Project List of Preparers This Page In ten tionally L eft Blank Admin Draft Initial Study /Mitigated Negative Declaration January 2017 City of Bakersfield Page130 o``epKFqc' � T m v 0 ORIGINAL Manor Street Bridge Seismic Retrofit Project Sources Consulted SECTION 7 - SOURCES CONSULTED Assembly Bill 32- California Global Warming Solutions Act, accessed February 2016. http://www.arb.ca.gov/cc/ab32/ab32.htm. Cal EPA. (n.d.). Cortese List (SuperFund Cleanup Site List). Retrieved May 2016, from http : / /www.envirostor.dtsc.ca.gov /public /search.asp ?cmd= search &reporttype =C 0 RTESE &site_type= CSITES,O P E N, FUDS,C LOSE &status =ACT,B KLG, CO M &repo rttitle= HAZARDOUS +WASTE +AND +SUB STANCES +SITE +LIST. California Office of Environmental Health Hazard Assessment, Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments, December 2014. California Department of Forestry and Fire Protection, Fire Hazard Severity Zone Map Update Project, accessed February 2016. http: / /www. fire. ca. gov /fire_p reventio n /fire_p revention_wildland_zon es_maps.php. California Department of Transportation, Carbon Monoxide Hotspot Analysis, 2014, accessed January 2015.http: / /www.dot.ca.gov /hq /env /air /pages /CO.htm. California Department of Transportation, California Scenic Highway Mapping System, 2011, accessed February 2016.http://www.dot.ca.gov/hq/LandArch/scenic-highways/. California Department of Transportation, Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual, 2011 accessed February 2016.http://www.dot.ca.gov/hq/construc/stormwater/. California Environmental Quality Act (CEQA) Statutes (Public Resources Code Section 21000, et. seq.). California Environmental Protection Agency, Cortese List Data Resources. EnviroStor. accessed February 2016. http: / /www.calepa.ca. gov /SiteCleanup /CorteseList /default.htm. California Environmental Protection Agency, Cortese List Data Resources. Water Board Geo Tracker database. accessed February 2016. http://www.calepa.ca.gov/SiteCleanup/CorteseList/default.htm. H.T. Harvey & Associates. 2004. California Bat Mitigation Techniques, Solution, and Effectiveness Guidelines. Metropolitan Bakersfield General Plan, 2007. Sacramento Metropolitan Air Quality Management District, Road Construction Emissions Model, 2016. San Joaquin Valley Air District, "Annual Air Monitoring Network Plan," 2013, accessed February 2016. Fey Kc9 sT Admin Draft Initial Study /Mitigated Negative Declaration January 2017 City of Bakersfield Page 131 m v 0 ORIGINAL Manor Street Bridge Seismic Retrofit Project Sources Consulted http://www,valleyair.org/aqinfo/Does/201 3 /An nualAirMonitoringN etwo rkPlanandApp e ndicesAthroughH.pdf. San Joaquin Valley Air District, "Guide for Assessing and Mitigating Air Quality Impacts," (GAMAQI), 2015. San Joaquin Valley Air District, "Guidance for Valley Land Use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA," 2009. Senate Bill 97- CEQA Greenhouse Gas Emissions, accessed February 2016. http://opr.ca.gov/docs/SB-97-bill-20070824-chaptered.pdf. Senate Bill 1368- Emission Performance Standards, accessed February 2016. http://www.energy.ca.gov/emission-standards/index.htmi. State of California Department of Conservation, Division of Mines and Geology, "A General Location Guide for Ultramafic Rocks in California - Areas Most Likely to Contain Naturally Occurring Asbestos, 2000, accessed February 2016. ftp://ftp.cons".ca.gov/pub/dmg/pubs/ofr/ofr-2000-019.pdf. State of California Department of Conservation, Farmland Mapping and Monitoring Program, accessed February 2016. http: / /www.conservation.ca. gov /dlrp /fmmp /Pages /index.aspx. Title 14, California Code of Regulations, Chapter 3. Guidelines for Implementation of the California Environmental Quality Act, Section 15000 et. Seq. U.S. Department of Transportation Federal Highway Administration, Prediction of Construction Noise, accessed February 2016. http: / /www.fhwa. dot. gov /environment /noise /construction noise /special- report /hcn03.c fm. nK a Fqm Admin Draft Initial Study /Mitigated Negative Declaration January 2017 City of Bakersfield Page 132 1 m � a ORIGINAL O 9 G7 D MANOR ST BRIDGE SEISMIC RETROFIT PROJECT #1 AREA #2 s N y,�fVrt�„n ��'NM � :iNr' •• •,Fmo Kem Wwr � 7dr` L{f�` PMxaY • •• ' ' �VHE CANAL rue •f Ban �P = n W tTF.O e\��p PSN . B Pa V.. I me E RoaERrb IN 41 AVE Preselrew 1N QP 0�`%�• ••Palrorall9 van I I /Q 'I MCI VIRIA R u iY o a 2�a Games o \M2 Memorial High School VICINITY AN Feet 0 300 600 ENMOIXO AVE llal T IN EREEOOM WFV PATRIOT PL 0 JP — AMERICAN E MONETP AVE u a 4 #1 AREA #2 s N y,�fVrt�„n ��'NM � :iNr' •• •,Fmo Kem Wwr � 7dr` L{f�` PMxaY • •• ' ' �VHE CANAL rue •f Ban �P = n W tTF.O e\��p PSN . B Pa V.. I me E RoaERrb IN 41 AVE Preselrew 1N QP 0�`%�• ••Palrorall9 van I I /Q 'I MCI VIRIA R u iY o a 2�a Games o \M2 Memorial High School VICINITY AN Feet 0 300 600