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Home My WebLink AboutRes. No. 38-24 (GPA_ZC_SPA No. 19-0342)RESOLUTION NO. 38-24 RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT; ADOPT SECTION 15091 FINDINGS; AND ADOPT MITIGATION MONITORING AND REPORTING PROGRAM, FOR AN AMENDMENT TO THE METROPOLITAN BAKERSFIELD GENERAL PLAN LAND USE, CIRCULATION , AND HOUSING ELEMENT, AN AMENDMENT THE BAKERSFIELD MUNICIPAL CODE ZONE CLASSIFICATION, AND RESCINDING THE MCALLISTER RANCH SPECIFIC PLAN FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF PANAMA LANE AND SOUTH ALLEN ROAD (GPA/ZC/SPA NO. 19-0342). WHEREAS, Buena Vista Water Storage District and Rosedale Rio Bravo Water Storage District filed applications with the City of Bakersfield proposing the following actions on 2,072 acres located at the northwest corner of the Panama Lane and South Allen Road Intersection: ( 1) an amendment of the Metropolitan Bakersfield General Plan (MBGP) Land Use Element to change the designation from SR (Suburban Residential), LR (Low Density Residential), LMR (Low Medium Density Residential), HMR (High Medium Density Residential), HR (High Density Residential), and GC (General Commercial) to R- EA (Resource -Extensive); (2) an amendment of the MBGP Circulation Element to remove all McAllister Ranch interior street alignments approved by Resolution 094-07; (3) a change in zone classification from R-1 (One Family Dwelling), E (Estate), R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development), R-3/PUD (Multiple Family Dwelling/Planned Unit Development), C-1 /PCD (Neighborhood Commercial/Precise Commercial Development), C-C-/PCD-PE (Commercial Center/Precise Commercial Development-Petroleum Extraction Combining) and DI (Drill Island) to A-WR (Agriculture- Water Recharge Combining); (4) a Specific Plan Amendment to rescind the McAllister Ranch Specific Plan on-2,072 acres, generally located at the northwest corner of the Panama Lane and South Allen Road Intersection (the "Project"); and WHEREAS, the Project proposes development of awater banking facility (storage and recovery) on the Property, including water conveyance to and from the Property and spreading and recovery facilities onsite at the Property; and WHEREAS, the Secretary of the Planning Commission set Thursday, October 3, 2024 at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Planning Commission to consider the proposed Environmental Impact Report (EIR) and Project as required by Government Code Section 65353, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, an initial study was conducted and it was determined the Project would have a significant effect on the environment; therefore, the McAllister Ranch Groundwater Banking Project Environmental Impact Report (State Clearinghouse No. 20220060267) was prepared in compliance with the California Environmental Quality Act (CEQA); and Page 1 of 3 WHEREAS, the laws and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been duly followed by the Lead Agency and the Planning Commission; and WHEREAS, in accordance with CEQA Guidelines Section 15090 the Lead Agency (City of Bakersfield) shall certify that: 1. The Final EIR has been completed in compliance with CEQA; and 2. The Final EIR was presented to the decision-making body of the Lead Agency and that the decision-making body reviewed and considered the information contained in the Final EIR prior to approving the project; and 3. The Final EIR reflects the Lead Agency's independent judgment and analysis; and WHEREAS, the City of Bakersfield Development Services Department ( 1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and WHEREAS, the facts presented in the staff report, environmental document and special studies, and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: 1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in the Bakersfield Californian, a local newspaper of general circulation, 1 0 days prior to the hearing. 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. An Environmental Impact Report was prepared and properly noticed for public review. 3. An Environmental Impact Report for the Project is the appropriate environmental document to accompany its approval. In accordance with CEQA, the Lead Agency prepared an Environmental Impact Report, and mitigation measures were identified and have been incorporated into the Project. WHEREAS, the "Mitigation Measures, Monitoring and Reporting Program," attached as Exhibit "A," is incorporated into the Project; and -----0----- Page 2 of 3 WHEREAS, the "Section 15091 Statement of Facts, Findings, and Mitigation Measures," attached as Exhibit "B," are appropriate and incorporated into the Project; and NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Environmental Impact Report is hereby recommended for certification by the City Council. 3. The Project is subject to mitigation, monitoring and reporting program found in Exhibit A for the Project located on the map as shown in Exhibit C, both of which are incorporated herein. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 3rd of October 2024, on a motion by Bittle and seconded by Kaur, by the following vote. AYES: ABSENT: Bittle, Kaur, Koman, Neal, Strickland Bashirtash, Cater APPROVED A A.... I :::....=--, f-6t_ Ma~ Strickland, VICE-CHAIR City of Bakersfield Planning Commission Exhibits (attached): Exhibit A: Mitigation, Monitoring and Reporting Program Exhibit B: Section 15091 Statement of Facts, Findings and Mitigation Measures Exhibit C: Location Map Page 3 of 3 EXHIBIT A MCALLISTER RANCH GROUNDWATER BANKING PROJECT MITIGATION MONITORING AND ~J:PORTING PLAN The following mitigation monitoring ard reporting program (MMRP) summary table includes the mitigation measures jq~ntified in the City of Bakersfield McAllister Ranch Groundwater Banking Project Draft ~nvironmental Impact Report (EIR). For each mitigation measure, this table identifies monitoring and reporting actions that shall be carried out, the party responsible for implementing these actions, and the monitoring schedule. This table also includes c! column where responsible parties can check off monitoring and reporting actions as they are completed. It is the responsibility of the Contractor to ensure that actions r~quired for all of the mitigation measures listed . . . herein are included in the project plc1ns, and specifications. It is the responsibility of the City to review and confirm that all of the mitigation measure actions described herein are in the project plans and specifjc9tjons. Acronyms and Abbreviations AST BMP BNLL BUOW BVWSD CalGreen CARB CDFW CDPH CEQA CESA CNDDB CRHR ESA dbh F&G FESA GKR HCP ITP MBHCP MBTA MLD NAGPRA aboveground ston:1~e ta17ks best management p,ractice Blunt-nosed leoparq lizard Burrowing Owl Buena Vista Water Storage District California Green ~uilding Standards Code California Air Resources Board California Department of Fish and Wildlife California Department of Public Health California Environmental Quality Act California Endangered Species Act California Native Diversity Database California Register of Historical Resources Environmentally Sensitive Areas diameter at breast t,eight Fish and Game Federal Endangered Species Act Giant Kangaroo R9t Habitat Conservation Plan Incidental Take Pern,it Metropolitan Bakersfield Habitat Conservation Plan Migratory Bird Tre9ty Act most likely descenqent Native American Graves Protection and Repatriation Act McAllister Ranch Groundwater Banking Project September 2024 I Page 1 City of Bakersfield NAHC NRHP OSHA Pub. Res. Code RRBWSD SJKF SVP SWHA SWPPP TAC TCR TKR USEPA USFS USFWS VFMP Mitigation Monitoring and Reporting Plan Native American Heritage Commission National Register of Historic Places Occupational Safety and Health Administration Public Resources Code Rosedale-Rio Bravo Water Storage District San Jose Kitt Fox Society of Vertebrate Paleontology Swainson's hawk stormwater pollution prevention plan Technical Advisory Committee tribal cultural resource Tipton Kangaroo Rat United States Environmental Protection Agency United States Forest Service United States Fish and Wildlife Service Valley Fever Management Plan McAllister Ranch Groundwater Banking Project September 2024 I Page 2 City of Bakersfield Mitigation Monitoring and Reporting Plan Air Quality Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials AQ-1. Develop and Implement a Valley Fever 1. Prepare and 1. Ensure the 1. Prior to the start Management Plan implement a preparation and of construction BVWSD, RRBWSD, or their contractors shall VFMP, along with implementation of and during implement the following measures: BVWSD and a VFMP and construction. RRBWSD and submit to the 2. During • Prepare a Valley Fever Management Plan submit to the CDPH and Kern construction. (VFMP). The VFMP shall be submitted to the CDPH, Kern County California Department of Public Health and County Department of the Kern County Department of Public Department of Public Health for Health for review and to the City of Public Health, and consultation prior Bakersfield for final approval prior to the the City of to the start of start of construction. The VFMP shall Bakersfield for construction. include, but will not be limited to, the consultation prior 2. Ensure the following elements as currently to the start of contractor recommended by the California Department construction. complies with all of Public Health: 2. Comply with all measures in the 0 Adopt site plans and work practices that measures in the VFMP during reduce workers' exposure and which VFMP during construction. would also help minimize primary and construction, to secondary exposure to the community measure through direct dispersal of spores or specifications. secondary dispersal from contaminated workers or equipment bringing spores to the community. The site plans and work practices may include some or all of the following measures: -Minimize the area of soil disturbed. McAllister Ranch Groundwater Banking Project September 2024 I Page 3 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials -Use water, appropriate soil stabilizers, and/or re-vegetation to reduce airborne dust. -Stabilize all spoils piles by tarping or other methods. -Provide air-conditioned cabs for vehicles that generate heavy dust and make sure workers keep windows and vents closed. -Suspend work during heavy winds. • Take measures to reduce transporting spores offsite, such as the following: 0 Clean tools, equipment, and vehicles before transporting offsite. 0 If workers' clothing is likely to be heavily contaminated with dust, provide coveralls and change rooms, and showers where possible. • Identify a health care provider for occupational injuries and illnesses who is knowledgeable about the diagnosis and treatment of Valley Fever. This helps to ensure proper diagnosis and treatment as well as tracking potential outbreaks that may affect the community. McAllister Ranch Groundwater Banking Project September 2024 I Page 4 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials • Train workers and supervisors about the risk of Valley Fever, the work activities that may increase the risk, and the measures used onsite to reduce exposure. Also train on how to recognize Valley Fever symptoms. Th is helps to ensure proper diagnosis and treatment as well as tracking potential outbreaks that may affect community. • Encourage workers to report Valley Fever symptoms promptly to a supervisor. Not associating these symptoms with workplace exposures can lead to a delay in appropriate diagnosis and treatment. This helps to ensure proper diagnosis and treatment as well as tracking potential outbreaks that may affect community. Biological Resources Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials B10-1. Conduct a Preconstruction Survey for 1. N/A 1. Retain a qualified 1. Prior to the Kern Mallow biologist to conduct a start of If the 160-acre area of chenopod scrub habitat preconstruction construction. onsite will be impacted by project-related survey for Kern activities, an appropriately timed Mallow, to measure preconstruction survey for Kern mallow shall be specifications, if it's conducted by a qualified biologist during the determined that the area of chenopod McAllister Ranch Groundwater Banking Project September 2024 I Page 5 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials spring season (or when reference populations scrub habitat will be are flowering) that precedes construction. The impacted by project distribution of the Kern mallow population shall activities. be marked in the field with flagging and mapped with GPS, and population size/number of individual Kern mallow plants will be estimated. Within 30 days prior to construction, a qualified biologist will ensure that all flagging is still intact and replace flagging as necessary. B10-2. Implement Kern Mallow Avoidance 1. Ensure workers 1. Retain a qualified 1. Prior to Buffers comply with 50-biologist to create a ground A minimum SO-foot avoidance buffer measured foot avoidance SO-foot avoidance disturbance outward from the individual plant, cluster of buffer during buffer for all Kern or vegetation plants, or mapped population boundaries shall project activities. Mallow individuals removal. be maintained around populations of Kern and clusters within the mallow in perpetuity. If avoidance buffers are project area. encroached upon, Mitigation Measure B1O-3 would be implemented. B10-3. Compliance with USFWS ITP/HCP 1. Comply with 1. Retain a qualified 1. During Requirements, if Applicable qualified biologist biologist to evaluate construction, If project activities result in encroachment on evaluations. and quantify the if needed. Kern mallow avoidance buffers, a qualified 2. Comply with impact to Kern 2. During biologist shall evaluate and quantify the impact MBHCP mallow, if needed, construction, to Kern mallow including identifying the requirements and per measure if needed. impacted number of plants and the impacted coordinate with specifications. acreage. BVWSD and its contractors shall USFWS, if needed, 2. Ensure BVWSD comply with MBHCP requirements including to develop a compliance with Salvage/Relocation MBHCP requirements McAllister Ranch Groundwater Banking Project September 2024 I Page 6 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials notification requirements, and, if applicable, Plan for Kern and coordination coordinate with USFWS to develop a mallow. with USFWS, if Salvage/Relocation Plan for Kern mallow. For needed, for the example, a Relocation Plan strategy may development of a include: Salvage/Relocation Plan for Kern mallow. A. Collection of seed by a biologist with proper plant collecting permits, with reseeding undertaken at the site following the activity during appropriate seasonal timeframes and weather conditions favorable for germination and growth. 8. In areas where mapped Kern mallow will be impacted, stockpiling the top 6 inches of topsoil collected to preserve the seed banks. The soil may be redistributed in other areas of the project site that are to be left undisturbed (if available) or at a protected offsite location (e.g., Kern Water Bank land, other lands owned by BVWSD or RRBWSD). B10-4. Prepare and Implement Environmental 1. N/A 1. Retain a qualified 1. Prior to the Training Program 2. Ensure all workers project biologist to start of A qualified and approved Project Biologist shall attend the oversee construction. be assigned to the project who shall be environmental environmental compliance and McAllister Ranch Groundwater Banking Project September 2024 I Page 7 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials responsible for overseeing environmental training program protections for 2. Prior to the compliance and protections for special prior to the start of special-status species start of status/sensitive plants, animals, and habitats construction during construction. construction. during construction. The Project Biologist shall activities. 2. Ensure the Project be the main point of contact between BVWSD biologist prepares and RRBWSD and regulatory agencies for and presents an matters involving regulatory compliance for environmental biological resources. training program The Project Biologist shall prepare a project prior to the start Environmental Training Program. Employees of construction and supervising staff working on the project activities. shall participate in an initial program session provided by the Project Biologist prior to initiation of construction activity. At a minimum, the program shall cover the general behavior and ecology of the pertinent special- status species, legal protection, penalties for federal and state law violations, and protective measures. A fact sheet/brochure or PowerPoint presentation conveying this information shall be made available to on-site personnel, construction workers, staff involved in operations, and other individuals who may enter the project site. New employees shall receive the training prior to working on the active site, with training provided by the Project Biologist or a qualified biologist/biological monitor, or by viewing a PowerPoint presentation. Upon receiving the training, each trainee shall sign a record sheet McAllister Ranch Groundwater Banking Project September 2024 I Page 8 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials verifying their participation in the training and acknowledging their environmental compliance responsibilities while working within the project site. B10-5. Biological Construction Monitoring 1. N/A 1. Retain a qualified 1. Prior to the A qualified biological monitor shall be on-site 2. Follow the biologist to monitor start of during all earthwork activities to monitor direction of the construction activities, construction construction activities, monitor avoidance of project biologist/ monitor avoidance of and during buffer areas, and ensure compliance with all biological monitor buffer areas, and construction. environmental requirements pertaining to to cleanup/contain ensure compliance 2. During biological resources. The qualified biological hazardous with all environmental construction, monitor will clearly understand the Project materials within requirements. if needed. construction and operational activities, special-status 2. If needed, the project 3. During understand the project design plan set, and species habitats, if biologist and/or construction, maintain a clear and open communication line needed. biological monitor will if needed. to the Project's construction manager to 3. N/A monitor cleanup and understand the Project implementation containment of 4. During schedule. If there are any questions or 4. N/A potentially hazardous construction, uncertainties regarding how the Project will be 5. Comply with all materials in special-if needed. constructed, then the biological monitor will approved biologist status species habitat. 5. During ask the Project construction manager for requirements such 3. Ensure that relevant construction, details and status updates. as halting any regulatory agencies if needed. The monitoring biologist shall be contacted as activities that (e.g., USFWS, CDFW, 6. During soon as possible following the release of could result in take the City) are notified construction, potentially hazardous materials into habitat. If or injury/mortality of the release of if needed. a release of potentially hazardous materials of special-status potentially hazardous occurs within special-status species habitat, the species. materials and the 7. During Project Biologist and/or biological monitor will 6. Any contractor, remedial action taken construction, if needed. monitor cleanup and containment. The employee, or third by the contractor as McAllister Ranch Groundwater Banking Project September 2024 I Page 9 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials involved regulatory agencies (e.g., USFWS, party responsible soon as possible, but 8. During CDFW, the City) will be notified of the release for incidentally not later than 24 construction of potentially hazardous materials and the taking a federally hours after the release and following remedial action taken by the contractor as soon and/or state-listed occurs or is construction. as possible, but not later than 24 hours after wildlife species discovered. the release occurs or is discovered. Within 30 shall immediately 4. Ensure that a days of completing cleanup activities, a report the incident compliance report is compliance report will be submitted by the to the Project submitted by the Project Biologist/biological monitor to the Biologist who will Project involved regulatory agencies. then notify the Biologist/biological Agency-approved biologists may be required to involved regulatory monitor to the conduct or supervise particular activities (e.g., agencies (e.g., involved regulatory burrow/den excavation, species relocation) for USFWS, CDFW, the agencies within 30 federally and/or state-listed species. The City) within 24 days of completing monitoring biologist shall have the authority to hours by phone cleanup activities, if halt any activities that could result in take or and email. needed. injury/mortality of special-status species. Any 7. If a species is 5. Retain an agency- contractor, employee, or third party incidentally taken, approved biologist to responsible for incidentally taking a federally all non-emergency conduct or supervise and/or state-listed wildlife species shall actions will cease activities (e.g., immediately report the incident to the Project immediately until burrow/den Biologist who will then notify the involved guidance is excavation, species regulatory agencies (e.g., USFWS, CDFW, the received from the relocation) for City) within 24 hours by phone and email. All regulatory federally and/or state-non-emergency actions will cease immediately agencies. listed species, if until guidance is received from the regulatory 8. N/A needed. agencies. Notification must include the date, time, location, and other pertinent information 6. Ensure the biologist of the incident or of the finding of a dead or notifies involved injured animal. Written notification will be regulatory agencies if McAllister Ranch Groundwater Banking Project September 2024 I Page 10 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials provided to the regulatory agencies within 3 any contractor, working days of the incidental take and will employee, or third include the same notification information listed party incidentally above. Work shall proceed only after the takes a federally imminent threat of take has been resolved. and/or state-listed At minimum, weekly monitoring reports and an wildlife species shall Annual Compliance Report shall be prepared by within 24 hours by the Project Biologist and/or biological phone and email, and monitor(s) documenting compliance during by written notification construction and operations (i.e., if the within 3 working days activities during operations require coverage of the incidental take. under a federal ITP and/or state ITP). 7. Ensure contractor Monitoring/compliance reports will include halts all non- documentation of project compliance/non-emergency actions compliance, special-status species until guidance is observations, protective/corrective actions received from the taken, project site photographs, copies of regulatory agencies. Environmental Training Program sign-in sheets, 8. Ensure project and any other information considered useful or biologist completes relevant. weekly monitoring reports and an annual compliance report during construction and operations (i .e., if the activities during operations require coverage under a federal ITP and/or state ITP), per McAllister Ranch Groundwater Banking Project September 2024 I Page 11 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials measure specifications. B10-6. Conduct Pre-construction Biological 1. N/A 1. Retain a qualified 1. Prior to the Surveys 2. N/A biologist to conduct a start of Within 30 days prior to initiation of pre-construction construction. construction, qualified biologists shall conduct survey(s) for special-2. Prior to the preconstruction surveys for special-status status species within start of species in all areas that will be permanently or 30 days prior to the construction. temporarily impacted, plus a 200-meter buffer start of construction, in areas subject to legal access . Potential dens, plus a 200-meter burrows, and nests of special-status species buffer in areas subject shall be marked with flagging, mapped with to legal access. Ensure GPS, and reported to the CNDDB. Work area all potential habitats boundaries shall be delineated with flagging, are marked and temporary fencing, or other markers deemed reported to CNDDB warranted by the Project Biologist to minimize per measure the potential for offsite impacts associated with specifications. potential vehicle straying. 2. Ensure the project Avoidance buffers shall be implemented biologist prepares a around the areas that cannot be avoided, preconstruction similar to those described in Mitigation survey report and Measures BIO-1 and BIO-2; the appropriate provides it to BVWSD, size/radius of avoidance buffers shall be and USFWS and determined by the Project Biologist based on CDFW, if needed. the species/resource and in compliance with any agency-required standards. Dens, burrows, and nests that cannot be avoided shall be addressed with species-specific mitigation measures (detailed in various mitigation McAllister Ranch Groundwater Banking Project September 2024 I Page 12 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials measures below). A preconstruction survey report shall be prepared by the Project Biologist and provided to BVWSD. If required, the survey report shall also be submitted to USFWS and CDFW. B10-7. Develop and Implement Measures to 1. Comply with 1. Ensure BVWSD and 1. Before Avoid Take of Blunt-nosed Leopard Lizard measures A-F, if RRBWSD construction, needed. coordination with or during In the unlikely event that blunt-nosed leopard USFWS and CDFW if construction, lizards (BNLL) are observed during BNLL are observed if needed. preconstruction surveys or construction, during BVWSD and RRBWSD shall coordinate with the preconstruction USFWS and CDFW to develop and implement surveys or during measures to avoid take of BNLL. Such measures construction and may include but may not be limited to: implement measures A. Implementation of a BNLL Avoidance A-F to avoid take of measures and/or Relocation Plan. BNLL. B. Avoidance of burrows that could provide suitable refugia for BNLL. C. Implementation of avoidance buffers. D. An exclusion barrier, such as flashing or other approved fencing material, may be installed around the burrow disturbance area. Protocol-level surveys would be conducted within the exclusion barrier and all BNLL would be allowed to egress or would be McAllister Ranch Groundwater Banking Project September 2024 I Page 13 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials removed/relocated (i.e., by a biologist with all necessary federal and state permits) until a negative survey result is achieved within the burrow disturbance area. The negative survey result would remain valid until removal of the exclusion barrier. E. Excavation of burrows that will be impacted to verify they lack BNLL or in a manner that allows BNLL egress away from the disturbance area. F. When possible, seasonal restrictions of project activities in suitable habitat to occur during BNLL inactivity periods. B10-8. Avoid or Relocate Special-Status l. Comply with l. If coast horned lizard, l. Prior to the Reptiles measures A and B, Bakersfield legless start of and If coast horned lizard, Bakersfield legless lizard, if needed. lizard, California during California legless lizard, California glossy snake, legless lizard, construction, and/or San Joaquin coachwhip are observed California glossy if needed. during preconstruction surveys or construction, snake, and/or San the location(s) where they are observed shall Joaquin coachwhip be marked with flagging and mapped with GPS. are observed during To avoid the potential for injury/mortality to preconstruction these species resulting from project-related surveys or activities: construction, ensure locations where they are observed are marked with flagging McAllister Ranch Groundwater Banking Project September 2024 I Page 14 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials A. Minimum SO-foot avoidance buffers and mapped with GPS, shall be implemented at the point(s) of and measures A and B observation; or are followed. B. A qualified biologist shall capture and relocate individuals of these species to suitable habitat outside of the area of impact per the approved Relocation Plan as discussed in Mitigation Measure B1O-9. BIO-9. Prepare a Special-Status Species 1. N/A 1. Ensure that qualified 1. Prior to the Relocation Plan biologist prepares a start of Prior to construction, the Project Biologist shall special-status species construction. prepare a special-status species Relocation Plan Relocation Plan prior that allows for relocation of special-status to construction and species encountered prior to or during submits it to the construction and operations. The Relocation involved agencies for Plan shall be submitted to the involved review and approval regulatory agencies for review/approval prior prior to the start of to implementation. construction. BIO-10. Conduct Pre-construction Surveys for 1. N/A 1. Retain a qualified 1. Prior to the Swainson's Hawk 2. Comply with biologist to conduct start of If construction occurs between February 1 and established buffer preconstruction construction, August 31, a qualified biologist shall conduct a and pause work surveys for if needed preconstruction survey of suitable nesting activities within Swainson's Hawk 2. During habitat (e .g., potential nest trees, power line the buffer, if within 0.5 mile of the construction, towers, etc.) within 0.5 mile of the project site needed. project site no more if needed. no more than 10 days prior to initiation of than 10 days prior to the initiation of McAllister Ranch Groundwater Banking Project September 2024 I Page 15 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials construction to ensure that no Swainson's construction if it hawks have begun nesting activities near the occurs between site. If SWHA absence is reverified, project February 1 and activities can proceed providing acceptance by August 31. CDFW ofthe survey results. If nesting 2. If nesting Swainson's Swainson's hawks are detected, buffers shall be hawks are detected, established around active nests in accordance ensure the biologist with Mitigation Measure BI0-11. establishes buffers around active nests in accordance with Measure BI0-11. B10-11. Establish Buffers to Avoid or Minimize 1. Comply with 1. Ensure biologist 1. Prior to the Impacts on Swainson's Hawk biologist-maintain 0.5 miles start of Buffers around active nests will be 0.5 mile established buffer buffer unless it is construction unless a qualified biologist determines, based and do not determined that a and during on site-specific evaluation, that a smaller buffer perform activities smaller buffer is construction, is sufficient to avoid impacts on nesting within the buffer sufficient to avoid if needed. Swainson's hawks. Factors to be considered unless a qualified impacts on nesting when determining buffer size include the biologist has Swainson's hawks. presence of natural buffers provided by determined that vegetation or topography, nest height, the young have locations of foraging territory, and baseline fledged and are levels of noise and human activity. Buffers shall no longer reliant be maintained until a qualified biologist has on the nest or determined that the young have fledged and parental care for are no longer reliant on the nest or parental survival. care for survival. McAllister Ranch Groundwater Banking Project September 2024 I Page 16 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials In the event that an active SWHA nest is detected during surveys and a 0.5-mile no- disturbance buffer is not feasible, Mitigation Measure BIO-12 shall be implemented. BI0-12. Swainson's Hawk Take Authorization l. N/A l. If SWHA are l. Prior to the If SWHA are observed within 0.5 mile of the observed within 0.5 start of project site during pre-construction surveys or mile of the project construction during construction, the applicant shall site during pre-of during coordinate with CDFW to determine if a State construction surveys construction, Incidental Take Permit, in accordance with F&G or during if needed. Code Section 2081 (b), is required to comply construction, with CESA. coordinate with CDFW to determine is a State ITP is required. McAllister Ranch Groundwater Banking Project September 2024 I Page 17 City of Bakersfield Mitigation Monitoring and Reporting Plan B10-13. Conduct Pre-construction Surveys for 1. N/A 1. Ensure a qualified 1. Prior to the Burrowing Owl biologist conducts start of A qualified biologist shall conduct preconstruction construction. preconstruction surveys of all areas of potential surveys for all areas habitat that will be permanently or temporarily of potential impacted, plus a 200-meter buffer in areas burrowing owl subject to legal access, to locate active habitat that will be breeding or wintering BUOW burrows. The permanently or survey(s) shall occur no more than 14 days temporarily prior to ground-disturbing activities (i.e., impacted, plus a 200- vegetation clearance, grading) or meter buffer in areas decommissioning. The survey methodology subject to legal shall be consistent with the take avoidance access, to locate survey methods outlined in CDFW Staff Report active breeding or on Burrowing Owl Mitigation (CDFW 2012). wintering BUOW Because BUOW may re-colonize a site after burrows no more only a few days, time lapses between project than 14 days prior to activities may trigger subsequent surveys, the start of ground- including, but not limited to, a final survey disturbing activities. conducted within 24 hours prior to ground Ensure subsequent disturbance to identify any additional BUOW or surveys are burrows necessitating avoidance, minimization, conducted, if or mitigation measures. The need for additional needed, as specified surveys will be at the final discretion of the in the measure. Project Biologist. If BUOW absence is reverified, project activities can proceed providing acceptance by CDFW of the survey results. If burrowing owls are present, avoidance buffers will be established as specified in Mitigation Measure BIO-14. McAllister Ranch Groundwater Banking Project September 2024 I Page 18 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials BI0-14. Establish Avoidance Buffers for 1. Comply with 1. If BUOW are 1. Prior to the Burrowing Owl buffer detected during start of If BUOW are detected onsite during requirements. preconstruction construction preconstruction surveys or during construction, surveys or or during no ground-disturbing activities within a construction, ensure construction, minimum 200-meter avoidance buffer shall no ground-disturbing if needed. occur around occupied burrows during the activities occur within breeding season (February 1 to August 31), a minimum 200- unless authorized by CDFW. During the non-meter avoidance breeding season (September 1 to January 31), buffer during the no ground-disturbing activities within a breeding season minimum SO-meter avoidance buffer shall (February 1 to August occur around occupied burrows, unless 31), unless authorized by CDFW. authorized by CDFW, or, within a minimum SO-meter avoidance buffer during the non-breeding season (September 1 to January 31), unless authorized by CDFW. BI0-15. Develop a Burrowing Owl Exclusion 1. Comply with 1. The qualified 1. During and Mitigation Plan BUOW Exclusion biologist shall construction, If burrow avoidance is infeasible during the and Mitigation coordinate with if needed. non-breeding season or during the breeding Plan, if needed. CDFW to develop a season where resident owls have not yet begun BUOW Exclusion and egg laying or incubation, or where the juveniles Mitigation Plan if are foraging independently and capable of burrow avoidance is independent survival, the qualified biologist infeasible during the McAllister Ranch Groundwater Banking Project September 2024 I Page 19 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials shall coordinate with CDFW to develop a BUOW non-breeding season Exclusion and Mitigation Plan. An Exclusion and or during the Mitigation Plan strategy may include: breeding season A. Passive exclusion of BUOW from where resident owls burrows within the project site using have not yet begun one-way doors. egg laying or incubation, or where B. Excavation of potential BUOW burrows the juveniles are that are confirmed to be empty of foraging BUOW adults and/or young. independently and C. Creation of artificial BUOW burrows to capable of offset the loss of known occupied independent survival. BUOW burrows. D. Acquisition of BUOW conservation lands and/or bank credits. BI0-16. Remove Trees or Shrubs Outside of 1. Comply with 1. Ensure that the 1. During the Nesting Season work window removal of trees or construction. Removal of trees or shrubs shall be scheduled restrictions for shrubs shall be to occur in the fall and winter (between the removal of scheduled to occur in September 1 and January 31), outside of the trees and shrubs. the fall and winter typical nesting season. (between September 1 and January 31), outside of the typical nesting season. BI0-17. Conduct Pre-construction Nesting Bird 1. N/A 1. Ensure that a 1. Prior to the Surveys qualified biologist start of If any construction activities are proposed to conducts a nesting construction. occur during the typical nesting season bird survey in areas McAllister Ranch Groundwater Banking Project September 2024 I Page 20 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials (February 1 to August 31), a nesting bird survey of suitable nesting in areas of suitable nesting habitat (as habitat no more than determined by the Project Biologist) shall be 2 weeks prior to conducted by qualified biologists no more than construction to 2 weeks prior to construction to determine determine presence/absence of nesting birds. If absence presence/absence of of nesting birds is verified, construction can nesting birds If any proceed. construction activities are proposed to occur during the typical nesting season (February 1 to August 31), BI0-18. Establish Avoidance Buffers Around l. Comply with l. If an active bird nest l. Prior to and Active Nests avoidance buffers is observed during during If an active bird nest is observed during during preconstruction construction, preconstruction surveys or during construction, construction. surveys or during if needed. at a minimum, a 500-foot avoidance buffer construction, ensure surrounding the nest shall implemented for that a 500-foot nesting raptors and a 250-foot avoidance buffer avoidance buffer shall be implemented for other nesting avian surrounding the nest species, unless USFWS or CDFW authorize a shall implemented reduction of these buffers. Nests, eggs, or for nesting raptors young of birds covered by the MBTA and F&G and a 250-foot Code shall not be moved or disturbed until a avoidance buffer qualified biologist has determined that the nest shall be implemented has become inactive or young have fledged and for other nesting become independent of the nest. avian species, unless McAllister Ranch Groundwater Banking Project September 2024 I Page 21 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials USFWS or CDFW authorize a reduction of these buffers. Ensure that nests, eggs, or young of birds are not moved or disturbed until the qualified biologist determines the nest has become inactive or the young have fledged and become independent. BI0-19. Avoid and Minimize Impacts to 1. Comply with 1. Ensure that the 1. Prior to the Chenopod Scrub requirements of boundary of the start of and If impacts to the 160-acre area of chenopod the chenopod chenopod scrub during scrub habitat onsite can be avoided, then the scrub habitat. habitat is deemed an construction, project can proceed and no small mammal 2. Comply with all ESA and marked with as needed. trapping, agency coordination, or other aspects of brightly colored 2. Prior to the mitigation will be required for GKR, TKR, San measure if flagging or start of and Joaquin pocket mouse, and Tulare grasshopper chenopod equivalent to be during mouse other than any applicable MB HCP habitat cannot avoided. Also, ensu re construction, Habitat Mitigation Fees. The boundary ofthe be avoided. that no construction as needed. chenopod scrub habitat shall be deemed an activities or ESA and marked with brightly colored flagging construction-related or equivalent to be avoided. No construction access or staging will activities or construction-related access or be authorized within staging will be authorized within the ESA. If the ESA. McAllister Ranch Groundwater Banking Project September 2024 I Page 22 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials impacts to chenopod scrub cannot be avoided, 2. If impacts to permanent and temporary construction chenopod scrub disturbances to chenopod scrub shall be cannot be avoided, minimized to the extent feasible. Areas that do ensure that not require earthwork shall be marked with permanent and flagging and avoided as specified above, and a temporary preconstruction Biological Clearance survey will construction be conducted in accordance with MBHCP disturbances to requirements and as specified below in chenopod scrub shall Mitigation Measure BIO-20. be minimized to the extent feasible. This includes a preconstruction Biological Clearance survey in accordance with MBHCP requirements and as specified below in Mitigation Measure BIO-20. B1O-20. Conduct Pre-construction Surveys in l. N/A l. Ensure a qualified l. Prior to the Chenopod Scrub Habitat 2. N/A biologist conducts a start of If the project will impact chenopod scrub preconstruction ground- habitat onsite, within 30 days prior to grading Biological Clearance disturbing or other ground-disturbing activities, a qualified Survey to measure activities. biologist shall conduct a preconstruction specifications within 2. Prior to the Biological Clearance Survey. The survey shall 30 days prior to start of include all areas of potential habitat to be grading or ground-ground- permanently and/or temporarily impacted, as disturbing activities disturbing McAllister Ranch Groundwater Banking Project September 2024 I Page 23 City of Bakersfield Mitigation Monitoring and Reporting Plan - Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials well as a SO-foot buffer of impacted areas. If if the project will activities, if the Biological Clearance Survey identifies impact chenopod needed. potential small mammal burrows within the scrub habitat onsite. proposed area disturbance, a qualified biologist l. If the Biological shall conduct a minimum of 5 consecutive Clearance Survey nights of live small mammal trapping following identifies potential the USFWS Sacramento Field Office Survey small mammal Protocol for Determining Presence of San burrows within the Joaquin Kangaroo Rats (USFWS 2013). The proposed area qualified biologist shall email a Biological disturbance, ensure Clearance Survey Report to the proper agencies qualified biologist (e.g., USFWS, CDFW, City). If no special-status conducts a minimum small mammals are detected during a minimum of 5 consecutive of 5 consecutive nights of live small mammal nights of live small trapping, then the project can proceed no mammal trapping additional agency coordination or other following the USFWS mitigation will be required for GKR, TKR, San Sacramento Field Joaquin pocket mouse, and Tulare grasshopper Office Survey mouse. Protocol for Determining Presence of San Joaquin Kangaroo Rats (USFWS 2013). Ensure biologist emails a Biological Clearance Survey Report to the proper agencies (e.g., USFWS, CDFW, City). McAllister Ranch Groundwater Banking Project September 2024 I Page 24 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials B10-21. Develop a Small Mammal Relocation l. Comply with l. If special-status small l. Prior to the Plan measure, if mammal species are start of If special-status small mammal species are needed. detected during live ground- detected during live trapping, the applicant trapping, the disturbing shall coordinate with the USFWS and/or CDFW applicant shall activities, if to obtain all necessary regulatory coordinate with the needed. authorizations and develop a Small Mammal USFWS and/or CDFW Relocation Plan to facilitate FESA and/or CESA to obtain all compliance, if required. This coordination may necessary regulatory include, but may not be limited to: authorizations and develop a Small A. Acquisition of a State ITP if GKR and/or Mammal Relocation TKR are found to occu r onsite, including Plan to facilitate FESA any additional State ITP measures and/or CESA required by CDFW. compliance, if B. Acquisition of GKR and/or TKR required, per conservation lands and/or bank credits measure if required by CDFW. specifications. C. Additional live trapping to capture and relocate small mammals prior to ground disturbance. D. Excavation of potential small mammal burrows and additional relocation of small mammals encountered during excavation. McAllister Ranch Groundwater Banking Project September 2024 I Page 25 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials B10-22. Implement Avoidance Measures for 1. Comply with 1. If the Biological 1. Prior to the Natal San Joaquin Kit Fox or American Badger measures a) and Clearance Survey start of Dens b), if needed. results determine construction, If the Biological Clearance Survey results that known, active, if needed. determine that known, active, or natal SJKF or or natal SJKF or badger dens will be impacted, then the badger dens will be following mitigation measures shall be impacted, ensure implemented upon approval from USFWS and that measures a) and CDFW: b) are implemented upon approval from i. A permanent minimum avoidance buffer USFWS and CDFW by using fencing or flagging shall be a qualified biologist. maintained as follows: a. At least 100 feet around den(s); b. At least 200 feet around natal dens (in which young are reared); and C. At least 500 feet around any natal dens with observed young (i.e., SJKF pups or badger kits) (except for any portions of the buffer zone that are already fully developed). ii. Avoidance buffer zones shall be considered Environmentally Sensitive Areas (ESAs), and no construction activities are allowed within a buffer except as follows: If the work within the buffer area will not result in the destruction of the den, the den should be conserved. lfthe den is unoccupied McAllister Ranch Groundwater Banking Project September 2024 I Page 26 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials (based on the required 4 consecutive days of monitoring), then the den can be covered in a secure manner to prevent access by SJKF or badgers while the work is being conducted. After the work is done, the den can be uncovered to allow use by SJKF or badgers. If the den is occupied and the SJKF/badger does not vacate the den, then a smaller buffer could be established, including a barricade to prevent the SJKF /badger from exiting the den and entering the work site. A qualified biologist shall monitor the den while the work is being conducted. The City shall be notified immediately via telephone or e-mail if any SJKF active dens, natal dens, or occupied atypical dens are discovered within or immediately adjacent to any proposed development footprint. The applicant shall coordinate with CDFW if any badger active dens, natal dens, or occupied atypical dens are discovered within or immediately adjacent to any proposed development footprint, and no City notice is required. BVWSD and RRBWSD shall bear the costs of implementing the SJKF/badger den avoidance requirements. A reduced McAllister Ranch Groundwater Banking Project September 2024 I Page 27 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials avoidance buffer may be authorized with regulatory agency approval. iii. For active dens and potential dens that exhibit signs of SJKF use or characteristics suggestive of SJKF dens (including dens in natural substrate and in/under manmade structures) that cannot be avoided, and if, after 4 consecutive days of monitoring with tracking medium or infrared camera, a qualified biologist has determined that SJKF is not currently present, the den may be excavated. Natal dens shall not be excavated until the pups and adults have vacated and then only after consultation with the USFWS and CDFW. If the excavation process reveals evidence of current use by SJKF, then den excavation shall cease immediately and tracking or camera monitoring, as described above, shall be conducted/resumed. Excavation of the den may be completed when, in the judgment of a qualified biologist, the SJKF has escaped from the partially excavated den. SJKF dens shall be carefully excavated until it is certain no SJKF individuals are inside. Dens shall be fully excavated, filled with dirt, and compacted to ensure that SJKF cannot reenter or use the den during const ruction activities. If an individual McAllister Ranch Groundwater Banking Project September 2024 I Page 28 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials SJKF does not vacate a den within the proposed construction footprint within a reasonable timeframe, BVWSD and RRBWSD shall coordinate with USFWS and CDFW and obtain written/email guidance from both agencies prior to proceeding with den excavation. BVWSD and RRBWSD shall bear the costs of implementing the SJKF den excavation requirements. iv. For active dens and potential dens that exhibit signs of American badger use or characteristics suggestive of American badger dens, the same approach shall be used as outlined above, except BVWSD and RRBWSD shall coordinate with CDFW and obtain written/email guidance from CDFW prior to proceeding with den excavation; no USFWS coordination is required for American badger since it is not a federally protected species. B10-23. If Active San Joaquin Kit Fox Dens are 1. N/A 1. If active SJKF dens 1. Prior to the Present, Coordinate with USFWS and/or CDFW are detected onsite, start of If active SJKF dens are detected onsite, BVWSD BVWSD and construction, and RRBWSD shall coordinate with the USFWS RRBWSD shall if needed. and/or CDFW to obtain all necessary regulatory coordinate with the authorizations to facilitate FESA and/or CESA USFWS and/or CDFW to obtain all necessary McAllister Ranch Groundwater Banking Project September 2024 I Page 29 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials compliance, if required. This coordination may regulatory include, but may not be limited to: authorizations to A. Acquisition of a State ITP for SJKF. facilitate FESA and/or CESA B. Acquisition of SJKF conservation compliance, if lands and/or bank credits if required required, as by CDFW. detailed in measure specifications. B10-24. Implement Measures During 1. Comply with all 1. Ensure contractor 1. During Construction and Operation to Protect San listed measures compliance with construction. Joaquin Kit Fox during listed measures a)-j). 2. During The following construction and ongoing construction. 2. Contact USFWS in construction, operational requirements as included in the 2. Notify City in the the case of trapped if needed. Standardized Recommendations for Protection case of trapped animals. 3. During of the Endangered San Joaquin Kit Fox Prior to animals. 3. Contact CDFW in the construction, or During Ground Disturbance (USFWS 2011) 3. Notify City in the case of a dead. if needed. will be implemented: case of a dead, Injured, or entrapped 4. During A. Project-related vehicles should Injured, or SJKF. construction, observe a daytime speed limit of 20 entrapped SJKF . 4. Notify USFWS and if needed. mph throughout the site in all 4. Notify City CDFW within 3 project areas, except on county immediately of working days of the 5. During roads and federal and state the accidental accidental death or construction, highways; this is particularly if needed. death or injury to injury to an SJKF important at night when SJKF are an SJKF during during project- most active. Nighttime construction project-related related activities. should be minimized to the extent activities. possible. However, if it does occur, 5. Report SJKF siting's then the speed limit should be 5. N/A to CNDDB and to reduced to 10 mph. Off-road traffic USFWS. McAllister Ranch Groundwater Banking Project September 2024 I Page 30 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials outside of designated project areas should be prohibited. B. To prevent inadvertent entrapment of SJKF or other animals during the construction phase of a project, all excavated, steep-walled holes or trenches more than 2 feet deep should 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 should be thoroughly inspected for trapped animals. If at any time a trapped or injured SJKF is discovered, the USFWS and CDFW shall be contacted as noted under items (k) through (n) below. C. SJKF 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 should be McAllister Ranch Groundwater Banking Project September 2024 I Page 31 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials thoroughly inspected for SJKF before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If SJKF are discovered inside a pipe, that section of pipe should not be moved until USFWS has been consulted. If necessary, and under the direct supervision of the biological monitor, the pipe may be moved only once to remove it from the path of construction activity, until the fox has escaped. D. All food-related trash items such as wrappers, cans, bottles, and food scraps should be disposed of in securely closed containers and removed at least once a week from a construction or project site. E. No firearms shall be allowed on the project site. F. No pets, such as dogs or cats, should be permitted on the project site to prevent harassment, mortality of SJKF, or destruction of dens. G. Use of rodenticides and herbicides in project areas should be restricted. This is necessary to prevent primary or secondary poisoning of SJKF and the depletion of prey populations on McAllister Ranch Groundwater Banking Project September 2024 I Page 32 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials which they depend. All uses of such compounds should observe label and other restrictions mandated by USEPA, California Department of Food and Agriculture, and other federal and state legislation, as well as additional project-related restrictions deemed necessary by the USFWS. If rodent control must be conducted, zinc phosphide should be used because of a proven lower risk to SJKF. H. A representative shall be appointed by BVWSD and RRBWSD who will be the contact source for any employee or contractor who might inadvertently kill or injure a SJKF or who finds a dead, injured, or entrapped SJKF. The representative will be identified during the employee education program and their name and telephone number shall be provided to the USFWS. I. An employee education program should be conducted for any project that has anticipated impacts to SJKF or other endangered species. The program should consist of a brief presentation by persons knowledgeable in SJKF biology and McAllister Ranch Groundwater Banking Project September 2024 I Page 33 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials legislative protection to explain endangered species concerns to contractors, their employees, and military and/or agency personnel involved in the project. The program should include the following: A description of the SJKF and its habitat needs; a report of the occu rrence of SJKF in the project area; an explanation of the status of the species and its protection under the FESA and CESA; and a list of measures being taken to reduce impacts to the species during project construction and implementation. A fact sheet conveying this information should be prepared for distribution to the previously referenced people and anyone else who may enter the project site. J. Upon completion ofthe project, all areas subject to temporary ground disturbances, including storage and staging areas, temporary roads, pipeline corridors, etc., should be re - contoured, if necessary, and revegetated to promote restoration of the area to pre-project conditions. An area subject to "temporary" McAllister Ranch Groundwater Banking Project September 2024 I Page 34 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials 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 should be determined on a site-specific basis in consultation with USFWS, CDFW, and revegetation experts. K. In the case of trapped animals, escape ramps or structures should be installed immediately to allow the animal(s) to escape, or the USFWS should be contacted for guidance. L. Any contractor, employee, or military or agency personnel who are responsible for inadvertently killing or injuring an SJKF shall immediately report the incident to their representative. This representative shall contact CDFW immediately in the case of a dead, injured, or entrapped SJKF. M. USFWS and CDFW shall be notified in writing within 3 working days of the accidental death or injury to an SJKF during project-related activities. McAllister Ranch Groundwater Banking Project September 2024 I Page 35 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials Notification must include the date, t ime, and location of the incident or of the finding of a dead or injured animal and any other pertinent information. N. New sightings of SJKF shall be reported to the CNDDB . A copy of the reporting form and a topographic map clearly marked with the location of where the SJKF was observed should also be provided to the USFWS. Cultural Resources Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials CR-1. Conduct Preconstruction Cultural l. Attend cultural l. Retain a qualified l. Prior to Resources Awareness Training and Construction resources archaeologist. construction Monitoring. awareness 2. Confirm that any 2. During A cultural resources awareness training program training. discoveries of construction, if will be provided to all construction personnel 2. If any cultural archaeological necessary active on the Project site during earth moving resources are finds are 3. Following any activities. The training will be provided prior to discovered, halt evaluated and cultural resource the initiation of ground disturbing activities, and construction addressed discovery. as needed throughout the duration of project immediately properly in construction to ensure that all construction within 100 feet of accordance with personnel receive the training. The training will McAllister Ranch Groundwater Banking Project September 2024 I Page 36 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials be developed and conducted in coordination with the find, and the mitigation a qualified archaeologist meeting the U.S. contact the City measure. Secretary of Interior guidelines for professional 3. Do not resume 3. Provide clearance archaeologists and a representative or construction in for construction representatives from culturally affiliated Native the vicinity of the activities to American tribe(s) who have participated in finds until resume once consultations with the City. The program will clearance is given appropriate. include relevant information regarding sensitive by the State. cultural resources, including applicable regulations, protocols for avoidance, and consequences of violating State laws and regulations. The worker cultural resources awareness program will also describe appropriate avoidance and minimization measures for resources that have the potential to be located on the Project site and will outline what to do and whom to contact if any potential archaeological resources or artifacts are encountered. Furthermore, the program will underscore the requirement for confidentiality and culturally appropriate treatment of any finds of significance to Native Americans, consistent with Native American tribal values. All ground disturbing activities will be monitored by a qualified archaeologist meeting the U.S. Secretary of Interior guidelines for professional archaeologists and a representative from a culturally affiliated Native American tribe who has participated in consultations with the City on the Project. The Native American tribe will be McAllister Ranch Groundwater Banking Project September 2024 I Page 37 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials provided at least seven days' notice prior to the initiation of ground disturbing activities. The archaeological monitor will record activities daily and provide a weekly summary to BVWSD. A monitoring report will be prepared archaeological monitor at the end of excavation activities and submitted to BVWSD, who, in turn, shall provide a copy to the City. The Native American monitor will follow the documentation protocols defined by their tribe. If any cultural resources, including but not limited to structural features, bone or shell, flaked or ground stone artifacts, historic-era artifacts, human remains, or architectural remains, are encountered during any project construction activities, the archaeological monitor, in consultation with the Native American monitor, as appropriate, shall have the authority to stop work in the vicinity of the finds and implement the Unanticipated Discovery Plan and other actions identified in Mitigation Measure CR-2. CR-2. Prepare an Unanticipated Discovery Plan, 1. N/A 1. Ensure that 1. Prior to the start Immediately Halt Construction if Cultural 2. N/A BVWSD prepares of construction Resources Are Discovered, Evaluate All an Unanticipated 2. Prior to the start Identified Cultural Resources for Eligibility for 3. Stop work Discovery Plan and of construction Inclusion in the NRHP/CRHR, and Implement immediately if approve plan in Appropriate Mitigation Measures for Eligible any cu ltu ra I consultation with 3. During Resources resources, such consulting tribes. construction, if as structural needed. features, unusual McAllister Ranch Groundwater Banking Project September 2024 I Page 38 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials Prior to initiating construction, an Unanticipated amounts of bone 2. Ensure that 4. During Discovery Plan shall be developed by BVWSD and or shell, flaked or BVWSD prepares construction, if approved by the City in consultation with ground stone protocols for needed. consulting t ribes. The Unanticipated Discovery artifacts, historic-addressing the 5. During Plan will detail the protocols for monitoring, as era artifacts, discovery of construction, if well as for stopping work if buried resources are human remains, Native American needed. discovered during construction; the evaluation of or architectural archaeological discovered resources for NRHP/CRHR eligibility, remains, are resources and 6. During as warranted; and the implementation of encountered tribal cultural construction, if mitigation measures for eligible resources. during any resources and needed. Protocols for addressing the discovery of Native project approve them in American archaeological resources and tribal construction consultation with cultural resources shall be prepared by BVWSD activities within a culturally affiliated and approved by the City in consultation with radius of at least Native American culturally affiliated Native American tribes who 100 feet and tribes who have have participated in consultations with the City contact the City. participated in on the Project. 4. N/A consultations with If any cultural resources, such as structural the City on the 5. N/A Project. features, unusual amounts of bone or shell, flaked or ground stone artifacts, historic-era 6. Comply with City 3. Ensure work is artifacts, human remains, or architectural direction and stopped remains, are encountered during any project stop work until immediately construction activities, work shall be suspended mitigation within a radious of immediately at the location of the find and within measures are at least 100 feet in a radius of at least 100 feet and the City will be developed, if the case of a contacted. Tribal cultural resources will be necessary. cultural resource treated in accordance with Mitigation Measure discovery. TCR-1. 4. Ensure all cultural All cultural resources accidentally uncovered resources during construction within the project site shall accidentally McAllister Ranch Groundwater Banking Project September 2024 I Page 39 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials be evaluated for eligibility for inclusion in the uncovered during NRHP/CRHR. Resource evaluations will be construction conducted by individuals who meet the U.S. within the project Secretary of the Interior's professional standards site are evaluated in archaeology, history, or architectural history, as for eligibility for appropriate. For finds that are of Native American inclusion in the concerns, local Native American tribes will be NRHP/CRHR. notified, if they have requested notification. If 5. Notify local Native any of the resources meet the eligibility criteria American tribes identified in Pub. Res. Code Section 5024.1 or for finds that are CEQA Section 21083.2{g), mitigation measures of Native will be developed and implemented in American concern, accordance with CEQA Guidelines Section if they have 15126.4(b) or 21083.2(b), respectively, before requested construction resumes. notification. The disposition of materials related to tribal 6. If resources meet cultural resources and Native American burials the eligibility will be determined according to Mitigation criteria identified Measure TCR-1. The disposition of historic era in Pub. Res. Code artifacts will be outlined in the Unanticipated Section 5024.1 or Discovery Plan. CEQA Section 21083.2(g), ensure that mitigation measures are developed and implemented in accordance with CEQA Guidelines Section 15126.4(b) or 21083.2(b), McAllister Ranch Groundwater Banking Project September 2024 I Page 40 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials respectively, before construction resumes. CR-3. Comply with Required Response Protocol 1. Halt excavation 1. Confirm that any 1. During for the Unanticipated Discovery of Human on the project discoveries of construction, if Remains site within a a rchaeo-logica I necessary. Consistent with the California Health and Safety minimum radius finds are 2. During Code and the California Native American of 100 feet of the evaluated and construction, if Historical, Cultural, and Sacred Sites Act, if remains if human addressed necessary suspected human remains are found during remains are properly in discovered and accordance with 3. Following any project construction, all work shall be halted contact the the mitigation human remains within 100 feet of the finds, and the Kern County County coroner. discovery coroner shall be notified to determine the nature measure. of the remains. The coroner shall examine all 2. N/A 2. Provide clearance discoveries of suspected human remains within 3. N/A for construction 48 hours of receiving notice of a discovery on activities to private or State lands (Health and Safety Code resume once Section 7050.S[b]). lfthe coroner determines that appropriate. the remains are those of a Native American, they 3. Work with the shall contact the NAHC by phone within 24 hours MLD to ensure of making that determination (Health and Safety that remains are Code Section 70S0[c]). The NAHC shall then removed to a assign a most likely descendant (MLD) to seNe as protected the main point of Native American contact and location and consultation. Following the coroner's findings, the treated with MLD, in consultation with the City, shall dignity and determine the ultimate treatment and disposition respect, if of the remains. encountered. McAllister Ranch Groundwater Banking Project September 2024 I Page 41 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials Native American human remains and associated grave items shall be reinterred at the location designated for reburial that will be determined through Project design, as described in Chapter 2, Project Description. Energy Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials None required Geology, Soils, and Seismicity Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials GE0-1. Halt Construction if Paleontological 1. Comply with all 1. If paleontological 1. During Resources Are Discovered, Evaluate Discoveries listed procedures resources are construction, if for Uniqueness, and Implement Appropriate if paleontological discovered needed. Mitigation Measures for Unique Resources. discoveries are during 2. During BVWSD and RRBWSD and their contractors shall made during construction construction, if implement the following procedures if work activities activities, ensure needed. paleontological resources are discovered during including stop BVWSD and work within SO RRBWSD and 3. During construction activities: construction, if feet, contact their contractors • Stop work immediately within SO feet . BVWSD and the comply with needed. City, and protect measure specifications McAllister Ranch Groundwater Banking Project September 2024 I Page 42 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials • Contact BVWSD and the City the site from including immediately. further impacts. stopping work 2. N/A within 50 feet, • Protect the site from further impacts, protecting the including looting, erosion, or other 3. N/A site from further human or natural damage. impacts, • A paleontological resources principal retaining a investigator who meets the standards set paleontological forth by the Society of Vertebrate resources Paleontology will be retained to evaluate principal the discovery and make a investigator who recommendation to BVWSD and the City meets the standards set as to whether or not it is a unique forth by the paleontological resource. Society of • If the resource is not a unique Vertebrate paleontological resource, then it will be Paleontology, documented appropriately, and no and if needed, further measures will be required. ensuring fossil • If the resource is a unique material will be paleontological resource, the principal properly investigator, in consultation with prepared in BVWSD, will recommend resource-accordance with specific measures to protect and SVP guidelines document the paleontological resource, and/or cu ration such as photo documentation and at a recognized avoidance or collection. museum If collection is necessary, the fossil repository. • material will be properly prepared in 2. Retain a qualified accordance with SVP guidelines and/or paleontological McAllister Ranch Groundwater Banking Project September 2024 I Page 43 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials curation at a recognized museum specialist to repository. Appropriate documentation evaluate the will be included with all curated discovery and materials. recommend protection measures, if needed. 3. Ensure any resource collection is handled and prepared properly in accordance with SVP guidelines and is correctly documented. Greenhouse Gas Emissions Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials None required McAllister Ranch Groundwater Banking Project September 2024 I Page 44 City of Bakersfield Mitigation Monitoring and Reporting Plan Hazards and Hazardous Materials Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials HAZ-1. Abatement of Airborne Insects 1. Comply with all 1. Ensure BVWSD 1. Prior to the start BVWSD shall coordinate with Kern County listed measures. coordination with of construction Depa rtment of Public Health and the Kern the Kern County and during Mosquito and Vector Control District to ensure DPH and the Kern construction. application of appropriate insect control Mosquito and measures that utilize abatement methods Vector Control appropriate for recharge basins, such that District to ensure groundwater quality is also protected. the application of Appropriate measures may include maintaining appropriate insect water quality in recharge ponds to avoid creating control measures breeding habitat for ai rborne insects; adding that utilize mosquito fish or a USEPA-registered bacterial abatement larvicide to eliminate mosquito larvae; and other methods integrated pest management measures. BVWSD appropriate for and RRBWSD will implement such measures as recharge basins, required. such that groundwater quality is also protected. HAZ-2. Collection of Soil Samples 1. Collect 1. Ensure that 1. Prior to the start Prior to commencement of Project construction, representative BCWSD, RRBWSD of construction. BVWSD, RRBWSD, and/or their contractors shall samples of soil and contractors collect representative samples of soil from the from the project collect project site. Soil samples should be collected site, per measure representative every 1,000 cubic yards of excavated/moved specifications. samples of soil earth from all areas where current and historic oil from the project wells are located as well as all areas where ASTs, McAllister Ranch Groundwater Banking Project September 2024 I Page 45 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials oilfield features, sump/reservoirs, and crude oil site, per measure pipelines are mapped/depicted. Collected soil specifications. samples should be tested for total petroleum hydrocarbons in the gasoline (TPHg), diesel fuel (TPHd), and motor oil (TPHm) ranges, and if present, the extent of contamination should be defined both laterally and vertically. If concentrations of TPH are found exceeding regulatory thresholds, they should be removed from the site under regulatory oversight and disposed offsite in accordance with applicable rules and regulations. HAZ-3. Management of Unknown Hazardous 1. If hazardous 1. Ensure activities 1. During Materials materials, are halted if construction, if If hazardous materials, wastes, or suspected soil wastes, or hazardous needed. contamination is encountered during suspected soil materials, 2. During construction of the Proposed Project, project contamination is wastes, or construction, if activities in that area shall stop until appropriate encountered suspected soil needed. health and safety procedures are implemented. during contamination is construction of encountered 3. During BVWSD, RRBWSD, and/or their contractors shall the Proposed during construction, if be required to conduct an investigation to Project, project construction of needed. determine the composition ofthe encountered material, including sampling by an OSHA-trained activities in that the Proposed 4. During individual and testing at a certified laboratory. In area shall stop Project. construction, if the event that soils to be excavated are found to until appropriate 2. Ensure that needed. be contaminated, the excavated soil shall be health and safety BVWSD, treated as hazardous materials and properly procedures are RRBWSD, and/or managed, removed, reported, and disposed of in implemented. their contractors compliance with state and federal regulations. conduct an McAllister Ranch Groundwater Banking Project September 2024 I Page 46 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials Workers will be provided with adequate personal 2. Work with investigation to protective equipment to prevent unsafe exposure BVWSD and determine the during handling and disposal. Effective dust RRBWSD to to composition of suppression procedures will be used in the conduct an the encountered immediate construction area to reduce airborne investigation to material, emissions of contaminants and reduce the risk of determine the including exposure to workers and the public. composition of sampling by an the encountered OSHA-trained material, individual and including testing at a sampling by an certified OSHA-trained laboratory. individual and 3. If soil is found to testing at a be hazardous, certified ensure that laboratory. BVWSD, 3. If soil is found to RRBWSD, and/or be hazardous, their contractors treat hazardous treat hazardous materials and materials and properly properly manage, manage, remove, report, remove, report, and dispose of it and dispose of it in compliance in compliance with state and with state and federal federal regulations. regulations. 4. Ensure workers 4. Wear proper have proper PPE. PPE when McAllister Ranch Groundwater Banking Project September 2024 I Page 47 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials dealing with suspected hazardous materials or soils. Hydrology and Water Quality Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials None required Land Use and Planning Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials None required Noise Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials None required Population and Housing McAllister Ranch Groundwater Banking Project September 2024 I Page 48 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials None required Public Services Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials None required Recreation Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials None required. Tribal Cultural Resources Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials CR-1. Conduct Preconstruction Cultural Resources Awareness Training and Construction Monitoring. See "Cultural Resources" above. CR-2. Prepare an Unanticipated Discovery Plan, Immediately Halt Construction if Cultural Resources Are Discovered, Evaluate All McAllister Ranch Groundwater Banking Project September 2024 I Page 49 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials Identified Cultural Resources for Eligibility for Inclusion in the NRHP/CRHR, and Implement Appropriate Mitigation Measures for Eligible Resources. See "Cultural Resources" above. CR-3. Comply with Required Response Protocol for the Unanticipated Discovery of Human Remains. See "Cultural Resources" above. TCR-1. Implement Mitigation Measures 1. Notify the City 1. If any TCRs are 1. During Recommended in Public Resources Code Section of any TCRs that discovered during construction, 21084.3 to Avoid Damaging Effects on Tribal are discovered project construction, if needed. Cultural Resources. during Project the City shall consider Public Resources Code Section 21084.3 identifies activities. application of the following treatments as possible mitigation measures 1-3 in measures of significant impacts to tribal cultural consultation with resources: consulting tribes. 1. Avoidance and preservation of the resources in place, including, but not limited to, planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. McAllister Ranch Groundwater Banking Project September 2024 I Page 50 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials 2. Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource, including, but not limited to, the following: A. Protecting the cultural character and integrity of the resource. B. Protecting the traditional use of the resource. C. Protecting the confidentiality of the resource. 3. Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. The City shall consider application of these measures, in consultation with consulting tribes, for the treatment of any tribal cultural resources discovered during project construction. The City and the tribes shall collaborate on determining and implementing the appropriate treatment. McAllister Ranch Groundwater Banking Project September 2024 I Page 51 City of Bakersfield Mitigation Monitoring and Reporting Plan Utilities and Service Systems Completion Contractor Monitoring Date and Mitigation Measures Responsibility City Responsibility Schedule Initials UTL-1. Comply with CALGreen Waste Diversion 1. Comply with l. Ensure that BVWSD l. During Requirements to the Extent Feasible. the listed and RRBWSD or their construction. BVWSD and RRBWSD or their contractors shall CALGreen contractors comply comply with the following CALGreen waste waste diversion with the listed diversion requirements to the extent feasible, requirements CALGreen waste recognizing that the requirements are targeted to the extent diversion requirements primarily at residential and commercial projects: feasible. to the extent feasible. • Submit a Construction Waste Management Plan prior to construction for approval by the City Building Department. • Recycle and/or reuse a minimum of 65 percent of construction and demolition waste. • Recycle or Reuse 100 percent of tree stumps, rocks, and associated vegetation and soils resulting from land clearing. Cumulative Impacts Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials BI0-1 through BI0-13, BI0-23 through BI0-25 See "Biological Resources" above. McAllister Ranch Groundwater Ba nking Project September 2024 I Page 52 City of Bakersfield Mitigation Monitoring and Reporting Plan Completion Contractor Date and Mitigation Measures Responsibility City Responsibility Monitoring Schedule Initials CR-1 through CR-3, TCR-1 See "Cultural Resources" and "Tribal Cultural Resources" above. McAllister Ranch Groundwater Banking Project September 2024 I Page 53 City of Bakersfield Mitigation Monitoring and Reporting Plan This page intentionally left blank McAllister Ranch Groundwater Banking Project September 2024 I Page 54 EXHIBIT B FINDINGS REGARDING SIGNIFICJ,\N,T EFFECTS PURSUANT TO STATE CEQA GUIDELINES ~l:qlONS 15090 AND 15091 McAllister Ranch Gr PMo~water Banking Project Specific Plan Amendment-~~neral Plan Amendment/ Zone Cha." og~ No. 19-0342 '" ,, ~. ' SCH~o-~020060267 CEQA Findings INTENTIONALLY LEFT BLANK CEQA Findings I. INTRODUCTION The City Council (Council) of the City of Bakersfield (City) hereby certifies that the Council has reviewed and considered the information contained in the Final Environmental Impact Report (FEIR), identified below, for the McAllister Ranch Groundwater Banking Project (Project or Proposed Project). The Council further certifies that the FEIR has been completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code §§21000 et seq., the State CEQA Guidelines, California Code of Regulations, Title 14, §§15000 et seq. (CEQA Guidelines), and City requirements, and that the FEIR reflects the independent judgment of the Council. (Pub. Resources Code§ 21082.l(c)(3).) In certifying the FEIR as adequate under CEQA, the Council hereby adopts these CEQA Findings. These findings address the environmental effects associated with the Project, which is a change in land use of approximately 2,072 acres of undeveloped land, commonly known as McAllister Ranch (Property), located in western Bakersfield, to enable the construction and operation of a groundwater recharge and recovery facility. This statement is made pursuant to CEQA, specifically Public Resources Code sections 21081, 21081.5, and 21081.6; and the State CEQA Guidelines (Cal. Code Regs., tit. 14, §§15000 et seq.), specifically sections 15091 and 15093. The potentially significant effects of the Project were identified in the McAllister Ranch Groundwater Banking Project Draft EIR (July 2022), and FEIR (November 2024). Public Resources Code section 21081 and State CEQA Guidelines section 15091 require that the lead agency, in this case the City of Bakersfield, prepare written findings for identified significant impacts, accompanied by a brief explanation of the rationale for each finding. Specifically, State CEQA Guidelines section 15091 states, in part, that: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR. (2) 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. (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 EIR. If significant impacts cannot be mitigated to less than significant levels, the decision-making agency is required to balance, as applicable, the benefits of the proposed project against its significant unavoidable environmental impacts when determining whether to approve the project. (Pub. Resources Code, § 21081, CEQA Guidelines § 15093.) If the benefits of a proposed project outweigh the significant unavoidable adverse environmental impacts, the adverse effects may be considered "acceptable." September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project CEQA Findings The FEIR for the project identified potentially significant effects that could result from Project implementation. However, the Council finds that the inclusion of certain specified mitigation measures as part of the Project approval will reduce all of those effects to less-than-significant levels. Therefore, in accordance with CEQA, Pub. Resources Code, § 21081, and the CEQA Guidelines, sections 15091 and 15092, the Council certifies the FEIR for the McAllister Ranch Groundwater Banking Project, adopts these findings, and the attached Mitigation Monitoring and Reporting Plan (MMRP), and approves the McAllister Ranch Groundwater Banking Project. In adopting the MMRP for the Project, the Council finds that the MMRP meets the requirements of Public Resources Code section 21081.6 by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Project. The Council further adopts the following related Project approvals to facilitate implementation and development of the McAllister Ranch Groundwater Banking Project: (i) Specific Plan Amendment-General Plan Amendment, including amendments to Land Use Element, Circulation Element, and Housing Element (SPA-GPA No. 19-0342), and (ii) Zone Change (ZC No. 19-0342). II. PROJECT DESCRIPTION A. Project Location The project site, known locally as McAllister Ranch, is located in the City of Bakersfield, Kern County, California, north of Panama Lane and west of South Allen Road, within Sections 16, 21, 22, and 23, Township 30 South, Range 26 East, Mount Diablo Meridian. The property is located on the Kern River alluvial fan, which is well suited for groundwater banking operations. The site was formerly a planned residential development that was in the early stages of construction. Due to the downturn in the real estate market, development was discontinued, and the property was sold in a bankruptcy proceeding. Buena Vista Water Storage District (BVWSD), the project applicant, and Rosedale-Rio Bravo Water Storage District (RRBWSD) jointly purchased the property in 2011. The McAllister Ranch property is located in the western area of Bakersfield and encompasses approximately 2,070 acres. The property has been disturbed and continues to be disturbed; most of the site had been used for agricultural purposes before it was extensively graded for development. Additionally, the property contains several active and abandoned oil wells and several reserved drill islands. The drill islands are areas zoned for drilling (by others) for the purpose of extracting subsurface oil or gas resources, the rights to which are owned by private parties. B. Summary of Project Description The McAllister Ranch Groundwater Banking Project consists of the construction and operation of a water banking project on approximately 2,070 acres of undeveloped real property located in Bakersfield, California. Water supplies available to BVWSD and RRBWSD (collectively, the Districts) would be diverted from the Kern River, recharged, and stored at the project site and would later be recovered for irrigation and municipal and industrial (M&I) uses when needed. The Proposed Project would include constructing Se !ember 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 2 CEQA Findings several shallow percolation ponds to facilitate the recharge activities, as well as other features to enable the storage, recovery, and transport of water. At full buildout, up to approximately 200,000 acre-feet per year (AFY) of water could be diverted and recharged to the groundwater basin in any one year. The maximum recovery of stored water in a single year would be approximately 56,000 AF. C. Project Components Overview 1. Intake/Conveyance Facilities. To convey water to the project site, a new head gate and gravity turnout would be constructed at the southeast corner of Basin 1 of the City's 2800 Acre Groundwater Recharge Facility, where the conveyance channel would enter the Pioneer Project Water Bank (Pioneer Project), which is owned and operated· by the Kern County Water Agency (KCWA). This facility would have a capacity of approximately 500 cubic feet per second (cfs). An unlined canal would be constructed from Basin 1 along the east side of the Central and South Pioneer Project recharge ponds. 1The canal would be approximately eight feet deep and is anticipated to carry water to a depth of six feet to facilitate flows of 500 cfs. The canal would cross a bike path/roadway immediately adjacent to the Basin 1 turnout, an area with multiple pipelines, the Kern River Canal, and the UPRR Railroad tracks. Accordingly, new siphon crossings would be required at each of these locations. Approximate ranges of pipe sizes for the new siphon crossings have been estimated based on the required capacity; however, the final sizing of the siphon crossings would be determined once a final hydraulic analysis is performed. The intake structure where the unlined canal enters the project site would include a canal-side pumping plant sized to fill Ponds 1 through 9, which would have a combined delivery capacity of about 100 cfs. A gravity component would also be included with pipeline and turnouts sized to fill Ponds 10 through 24, which would have a combined delivery capacity of about 400 cfs. 2. . Recharge Basins and lnterbasin Flow Control Structures. The Proposed Project would consist of 24 individual recharge ponds with perimeter and contour levees. All levees would have a trapezoidal cross section, with a top width of 16 feet, a bottom width ranging from 28 to 40 feet, and a height ranging from 3 to 6 feet above the original grade. The perimeter levees would be located along the outer edges of the project site and would be offset about 15 feet inside the property line. The contour levees would be internal to the site and would generally follow the existing ground contours. Recharge basins were designed based on the following considerations: (1) levees were located to avoid existing, permanent, aboveground facilities, the petroleum extraction area, and locations of protected cultural and biological resources; (2) the height of the perimeter and contour levees was limited to 6 feet; and (3) the minimum allowance for freeboard was 2 feet. 1 The portion of the canal crossing the Pioneer Project area would be constructed separately from the Proposed Project and has previously been analyzed by KCWA in prior CEQA documents (SCH#96111037, 1996, 2005, 2009). September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 3 CEQA Findings To assist in the layout of the recharge basins, the Districts retained Aerial Photomapping Services (APS) to prepare an aerial survey map of the project site showing the property boundary, ground elevation contours at 2-foot intervals, all visible features (including aboveground permanent facilities), and spot ground elevations. This aerial survey map was used to design the layout of the recharge basins, determine levee elevations, and project water surface elevations for the recharge basins. The total recharge basin area comprises 24 individual recharge basins. The gross area for each basin was estimated by scaling from the topographic survey map. The net basin area was assumed to be 85 percent of the gross area to account for levees, well pads, and other areas that would not be wetted during recharge operations. In all, the recharge basin area would cover 1,898 gross acres (1,613 net acres). The individual recharge basins would be connected by a series of interbasin flow control structures, which would convey water from basin to basin. At least one interbasin structure would be located at every levee; larger recharge basins with longer levees would have two interbasin structures. The size of each interbasin structure has not yet been determined, but capacity in each would range from 5 cfs to 83 cfs. D. Proposed Project Operations The Proposed Project would be operated and managed by BVWSD and RRBWSD, although day-to-day operations or portions thereof may be contracted to other parties. Operation of the Proposed Project would include conveying water to the Project site, recharging that water in the basins, storing that water in an underground aquifer, and recovering water from the aquifer for franspo·rt to beneficial uses offsite. The Proposed Project would be in active operation primarily when sufficient water is available to allow conveyance to the Project site (i.e., during wet seasons in wet years) and when water is needed to meet demand within the Districts' service areas (i.e., during irrigation seasons in extremely dry years). It is expected that up to 200,000 AF of water could be stored by the Proposed Project during any given year. The most likely period when water would be conveyed to the project site would be December through July. In an exceptionally wet year, however, water could be diverted to the project site throughout the year. It is anticipated that up to 56,000 AF of stored water could be extracted from the aquifer in any given year. Of that amount, approximately 75 percent is expected to be recovered from wells within the project site; the remaining 25 percent is expected to be recovered from existing offsite facilities within the Districts' service areas and used for irrigation and M&I uses and consistent with the Districts' Conjunctive Use Programs, all of which are existing points of use. Pumps, wells, pipelines, levees, basins, and unlined canals would be constructed at the Project site to accommodate water delivery, groundwater recharge, and groundwater recovery. In addition, a small field office would be constructed to provide a working space for staff and equipment storage. Because one to two employees would visit the site only briefly during periods of inactivity, the field office would not contain restroom or kitchen facilities. Internet, telecommunications, and climate control would be provided. The Proposed Project would operate continuously seven days per week when in operation. The number of employees on site would be one to two daily, with occasional (less than one per day) deliveries. It is September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 4 CEQA Findings anticipated that the Project site would be inactive approximately 85 percent of the time, fenced and maintained as dry ponds. Operation of the Project is expected to include the following activities: • Conveyance of water to percolation ponds from an intake structure constructed through the Pioneer Project area; • Percolation and storage of water in the groundwater aquifer via up to 24 proposed percolation ponds; • Operational exchanges of water with other entities to optimize project operations (although such actions would be evaluated more specifically, as necessary, for their potential environmental effects when such exchanges are identified and planned for implementation}; • Recovery of stored water from the groundwater aquifer through operation of up to 14 onsite and offsite groundwater recovery wells, and conveyance of the recovered water offsite through the Kern River Canal and other facilities to its ultimate place of use; ■ Monitoring of groundwater levels and groundwater quality in the area through proposed groundwater monitoring wells; • Banking of water for other entities, if and when capacity is available, to expand the benefits of the Proposed Project (although such actions would be evaluated more specifically, as necessary, for their potential environmental effects when such partnerships are identified and planned for implementation}; and • Transfers of banked supplies for other entities located within Kern County. All Kern River water stored at the Proposed Project site would remain in Kern County. 1. Water Conveyance to the Project Site Water to fill the recharge basins would be conveyed through a new head gate at the southeast corner of Basin 1 on the City's 2800 Acre Groundwater Recharge Facility to a new, unlined canal built along the eastern boundary of the Pioneer Project site. The canal would be gravity fed with pumps and siphons installed at several crossing locations. The anticipated capacity of the canal is sufficient to provide 500 cfs to the project site. 2. Groundwater Recharge Long-term recharge rates are expected to be in the range of 0.2-0.3 foot per day. Initial rates are anticipated to be higher but, as soil moisture content increases, the infiltration rate is anticipated to decrease. To facilitate initial filling of the recharge basins, the conveyance facilities (i.e., pumping plants, pipelines, and turnouts} were designed to accommodate an infiltration rate of 0.6 foot per day (twice the maximum expected long-term rate, but more representative of initial higher infiltration rates}. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 5 CEQA Findings Up to four pumping plants would be located on the Project site, equipped with pumps ranging from 75 cfs to 200 cfs in capacity. The Districts could cycle these pumps to allow for maximum efficiency at varying flow rates over time. 3. Groundwater Recovery Water banked and stored as part of the Proposed Project would be recovered through both onsite and existing offsite facilities. It is expected that up to 56,000 AF of stored water could be extracted from the aquifer in any given year. Of that amount, approximately 75 percent is expected to be recovered from wells within the project site; the remaining 25 percent is expected to be recovered from existing offsite facilities within the Districts' service areas. Offsite recovery would not involve any new construction and would continue using existing programs already in operation, including integration with the Districts' Conjunctive Use Programs and other projects by means of existing recovery facilities, as described in more detail below. Recovery operations would be generally consistent with the McAllister Ranch Use of Facilities and Mitigation Agreement (Mitigation Joint Use Agreement) between the Districts and the City, as well as the MOUs and the Operations Plans described below. Banking and recovery would be monitored for potential groundwater level impacts resulting from operation of the Proposed Project on neighboring agricultural, municipal, and domestic wells, and significant impacts would be avoided, eliminated, or mitigated by implementing one or more of the corrective actions listed therein. As required by the Sustainable Groundwater Management Agency (SGMA), the Kern River Groundwater Sustainability Agency (KRGSA) will also monitor operation of the Proposed Project to ensure consistency with its Groundwater Sustainability Plan (GSP). Operation of onsite and offsite recovery facilities is described below, following Memoranda of Understanding and Operations Plans. a) Memoranda of Understanding and Operations Plans The Districts have entered into Memoranda of Understanding (MOUs) regarding groundwater banking programs with adjoining entities in the Kern Fan area, including Semitropic Water Storage District, Henry Miller Water Storage District, Berrenda Mesa Water Storage District, Kern Water Bank Authority (KWBA), Improvement District No. 4, and West Kern Water District. The MOUs provide guidelines for operation and monitoring of groundwater banking programs. The Proposed Project would be subject to and consistent with the conditions of these MOUs, which are provided in FEIR Appendix B. The MOUs allow groundwater banking operations to achieve maximum water storage and withdrawal benefits, while also avoiding, eliminating, or mitigating adverse impacts to the groundwater basin and the operation of other groundwater banking programs in the Kern Fan area. The operating objectives defined in the MOUs include the following: 11 Maintain or, if possible, enhance the quality of the groundwater in the area. For example, the Districts will attempt to implement recovery operations in such a manner that total dissolved solids (TDS) in recovery waters will exceed TDS of recharge waters. Se !ember 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 6 CEQA Findings ■ Control the migration of poor quality water. For example, the Districts could increase water recharge in areas with favorable groundwater gradients. ■ Operate recharge and recovery facilities in such a manner to "prevent, eliminate, or mitigate significant adverse impacts." Mitigation measures to avoid adverse impacts could include, but would not be limited to, the following: o if necessary, provide buffer areas between recovery wells and neighboring districts / entities; o limit monthly or annual recovery rates; o provide redundancy in recovery wells and rotate pumping from recovery wells; o provide adequate well spacing; o adjust or stop pumping if necessary to reduce impacts; and o use recharge water that otherwise is not recharging the Kern Fan area. The MOUs also establish a Monitoring Committee, which includes the Districts and all Adjoining Entities. The Monitoring Committee is collectively responsible for monitoring groundwater levels and water quality in the Kern Fan area. Operation of the Proposed Project would be coordinated with the Districts' other banking programs, and this EIR would satisfy the CEQA requirements as indicated in the MOUs. b) Long-Term Operations Plan The Proposed Project would be subject to the terms of a Long-Term Project Recovery Operations Plan substantially similar to the Long-Term Project Recovery Operations Plan Regarding Kern Water Bank Authority Project, which implements the provisions of the MO Us and is provided in Appendix B. This Long- Term Operations Plan is based on the Project Recovery Operations Plan Regarding Pioneer Project, Rosedale-Rio Bravo Water Storage District, and Kern Water Bank Authority Projects (Project Recovery Operations Plan), under which RRBWSD and other adjoining banking projects are currently required to operate. 2 The Proposed Project would be operated in accordance with the Long-Term Operations Plan, the purpose of which is to designate specific measures to be employed to "prevent, eliminate or mitigate 2 The Project Recovery Operations Plan is a voluntary agreement entered into by RRBWSD, KWB, and KCWA. It governs the operations of various banking projects, including RRBWSD's projects that are subject to an MOU, the Kern Water Bank Project, and the Pioneer Project (which is operated by KCWA). The purpose of the Project Recovery Operations Plan is to designate specific measures to be employed to "prevent, eliminate or mitigate significant adverse impacts" resulting from project operations. The intent of the parties to the Project Recovery Operations Plan is to mitigate and/or compensate for legitimate project impacts. The initial term of the Project Recovery Operations Plan expired on January 31, 2019. It is understood that the parties have agreed to extend the term to January 31, 2025. The Districts will agree to a further extension of the term. The Proposed Project would be subject to and consistent with the conditions of the Project Recovery Operations Plan during the effective term of that agreement. The Project Recovery Operations Plan is included in Appendix B. The Long-Term Operations Plan and the Project Recovery Operations Plan are collectively referred to as the "Operations Plans." September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 7 CEQA Findings significant adverse impacts" resulting from project operations. A general description of the primary components of the Long-Term Operations Plan is provided below. A. Establish a Protocol for Monitoring and Reporting Groundwater Conditions • Conduct monitoring of groundwater conditions during years when recovery is expected from a groundwater banking project, in addition to the monitoring conducted by the Kern Fan Monitoring Committee; report current groundwater levels monthly to the Districts' Boards of Directors; and make reports available to the public on the Districts' websites. • Regularly update the groundwater model to actual conditions; use the model to predict future groundwater conditions; report modeling results to the Boards of Directors; and make modeling results available to the public on the Districts' websites. ■ Recovery in any calendar year shall not commence until the model has been run for projected operations. 8. Implement Proactive Measures • A groundwater model will be used to predict the contribution of the Proposed Project to groundwater level declines in the area. The model will be used to simulate and compare the No- Project Condition to the. Project Condition. The No-Project Condition is the water level that would have been at any particular well location absent the Proposed Project. ■ The model will be periodically run and updated as recovery plans become known or change in any given year. • The model will be used to identify a negative project impact (NPI) based on the comparison of No- Project Conditions and Project Conditions, and to identify the wells at risk of impact during recovery operations. C. Establish Triggers and Mitigation Actions ■ An NPI is triggered when the model results predict that groundwater levels under Project Conditions are 30 feet deeper than No-Project Conditions at a nearby existing and operative well, and the well has experienced (or is expected to experience) mechanical failure or other operational problems due to declining water levels. Given historical fluctuations in groundwater levels in the area when other nearby groundwater banking projects are recovering, it is expected that additional declines attributable to the Proposed Project beyond historic low groundwater levels could result in operational problems at some existing wells. ■ Agricultural Wells. The following measures would be implemented when an NPI is triggered for an operational agricultural well: September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 8 ■ CEQA Findings o When the model predicts an NPI outside the current operating range of the pump but within the potential operating range of the well, then the Districts will provide compensation to lower the well pump to meet the landowner's needs. o When the model predicts an NPI outside the current and potential operating range of the well, then the Districts will supply an equivalent water supply to the affected landowner from an alternate source at no greater cost; provide other acceptable mitigation to the landowner; or reduce or adjust pumping as necessary to prevent, avoid, or eliminate the NPI. Domestic Wells. The following measures would be implemented when an NPI is triggered for a domestic well: o When the model predicts an NPI such that production ceases or is likely to cease, then the Districts will provide compensation to implement one of the following: lower the domestic submersible pump bowl setting sufficient to restore and maintain service; provide a one-time permanent connection to the nearest water service provider; or drill and equip a new domestic well. If necessary, the Districts will provide interim in-home water supplies until one of these actions is completed. E. Recovery Facilities 1. Onsite Recovery Facilities Onsite recovery would include the development of a well field, including new and existing recovery wells, a system of collector pipelines to convey water away from the recovery wells, and an outflow structure at the Kern River Canal. These facilities are described below. a) Well Field and Collector Pipelines The well field would consist of a network of wells and collector pipelines to facilitate recovery and conveyance of stored water. Up to 14 recovery wells and up to eight monitoring wells would comprise the well field, six of which are existing. Each well would be located a minimum of one-third of a mile from any existing wells, in accordance with the Kern Fan Operation and Monitoring Memorandum of Understanding (MOU). Each recovery well would be plumbed to the recovery pipeline. The recovery pipeline would be constructed as a branching system of buried polyvinyl chloride (PVC), high- density polyethylene (HOPP), and reinforced concrete (RCP) pipelines that would collect stored water being pumped from the recovery wells and convey it to the Kern River Canal outflow structure. The well spacing would determine the exact location and alignment of the recovery pipeline. Based on the conceptual layout of the well field, approximately 35,450 linear feet of pipeline would be required, ranging in diameter from 15 inches to 96 inches. The size of each segment Qf the recovery pipeline was determined based on the number of wells plumbed to that segment and assuming that all wells would be operated simultaneously at their design discharge rate of approximately 6.2 cfs. The pipeline would also serve a recharge conveyance role, however, certain segments were ~ized based on recharge conveyance September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 9 CEQA Findings requirements rather than recovery requirements. The collector pipe was sized to maintain a maximum flow rate of approximately 5-6 feet per second (ft/sec). Power lines would be installed at the project site to convey electricity to each of the wells. b) Outflow Structure Recovered groundwater would be pumped from the well field and conveyed through the collector pipeline to the outlet structure at the northwestern corner ofthe project site for discharge into the Kern River Canal. The outlet structure was sized under the assumption that all recovery wells could be operated simultaneously and could convey the full 87 cfs (14 wells x 6.2 cfs per well) of design recovery capacity. 2. Offsite Recovery Facilities Offsite recovery would rely on existing recovery wells and extraction facilities owned or operated by BVWSD and RRBWSD, and their landowners. Recovery activities would be integrated with recovery operations of the Districts' existing conjunctive use programs. No new construction would be required for offsite recovery. The Proposed Project would provide flexibility for the Districts in the management of surface water and groundwater to improve overall reliability of water supply. Water banked on the project site (less losses) could be recovered from any combination of the Proposed Project's wells and other existing extraction facilities owned by BVWSD, and within RRBWSD's service area by means of offsite private wells and existing RRBWSD wells. Recovery would occur to meet the Districts' existing recovery obligations, for themselves and their banking partners, for agricultural, domestic, and industrial uses. Extraction for the Proposed Project would be limited to the amount previously recharged less losses and would be subject to the applicable MOUs, operations plans, and mitigation agreements. Under SGMA, the Districts would be required to coordinate with KRGSA to en~ure consistency with the KRGSA's GSP and the Districts' respective GSPs. In-lieu recovery by exchange could also take place in addition to direct recovery through extraction. An exchange in-lieu of recovery may be accomplished through the use of SWP, Kern River, or other supplies through various water management programs and/or other available surface supplies. The exchange of surface supplies would be subject to the approval ofthose entities with discretionary authority over such supplies, as well as any necessary CEQA review by those entities. The Districts could recover water from the Proposed Project as needed to meet existing or future commitments under their Conjunctive Use Program. It is expected that banked supplies would be recovered in the event of a water shortage, for improved reliability and redundancy, and to diversify recovery locations. If recharged water is sold to other agencies that choose to recover the water from their service areas, those activities would be evaluated more specifically, as necessary, for their potential environmental effects when such partnerships are identified and planned for implementation. Water recharged as part of the Proposed Project would be used by the Districts to supplement existing uses. The operation of the offsite recovery facilities has been subject to prior CEQA review when the facilities were constructed and would not require additional environmental approval (BVWSD 2002, 2006, 2009; Kern Fan Authority 2020; RRBWSD 2001, 2003, 2008, 2009, 2011; RRBWSD and Irvine Ranch Water District 2015, 2022). September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 10 CEQA Findings F. Water Sources Recharge water for the Proposed Project would be secured and acquired by the Districts from various sources, potentially including federal, state, and local supplies. Water would be acquired through transfers, balanced and unbalanced exchange agreements, purchase or temporary transfers, or other means as available. Potential sources of water for recharge and storage during operation ofthe Proposed Project include water from the Kern River, State Water Project (SWP), and the Central Valley Project (CVP), depending on annual availability and appropriative (pre-1914 and post-1914) water rights; Friant-Kern Canal; floodwater; and possibly other sources that may be available to the Districts from time to time. 1. Central Valley Project Water The CVP is a network of dams, power plants, and canals operated by the U.S. Bureau of Reclamation (Reclamation) that provides water supply reliability to the Central Valley in periods of drought. Under Section 215 of the federal Reclamation Reform Act of 1982 (P.L. 97-293), which authorized the CVP, Reclamation can make excess, non-storable floodwater available during wet years. RRBWSD is a fourth-priority non-CVP contractor that can take CVP water under certain conditions. If conveyance capacity is available, this surplus CVP water could be delivered to the project site from the Friant-Kern Canal through the Cross Valley Canal (CVC). 2. State Water Project Water As part of the SWP system, the California Department of Water Resources (DWR) delivers water through the California Aqueduct to 29 contractors, including 21 contractors located south of the Sacramento-San Joaquin River Delta (known as "South of Delta" contractors). These contracts are with both M&I and agricultural water users. The foundation allocation of water to each contractor is based on their respective "Table A" entitlement, which is the maximum amount of water delivered to them by the SWP on an annual basis. SWP contractors can order water up to their Table A allocation even if the water is not needed in that year, and this excess water can be stored outside the contractor's place of service for future use. RRBWSD and BVWSD currently receive SWP water for their Conjunctive Use Programs through a water supply contract with KCWA, one of the 29 SWP contractors. Article 21 of the long-term SWP water supply contract establishes an interruptible supply of uncontrolled water that cannot be stored in state-operated reservoirs. Durin~ wet hydrologic years, DWR may declare Article 21 water available; these supplies are available in short duration, and, if conveyance capacity exists, can be purchased and stored for future use. The Districts may purchase excess Article 21 water through KCWA for delivery to the Proposed Project's recharge facilities using the CVC when such water is available. Under certain contracts and/or guidelines, DWR allows for the exchange of stored water on either an even or unbalanced basis. Even exchanges are "one-for-one" in that an equal amount of water is exchanged, less losses. In an unbalanced exchange, in return for storage, the original water contractor only receives a percentage or pro ration of the original amount of water being stored. For example, for every two acre- feet of water recharged, the water supplier will only receive one acre-foot, less losses. SWP water September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 11 CEQA Findings available for exchange could be acquired for the Project. Water banking through the execution of even or unbalanced exchanges or other transactions approved by DWR would require the cooperation and agreement ofthe exchange contractor, DWR, and KCWA. Under any of these scenarios, SWP water would be conveyed to the project site through the eve, which conveys water to the Kern River, or any other conveyance facility (i.e., pipeline or canal) available to the Districts, subject to any necessary approvals or agreements. 3. Appropriative Kern River Water Rights RRBWSD currently receives Kern River water when it is available for groundwater recharge through a 1961 water service agreement with the City, as amended, as well as from BVWSD and other Kern River interests through banking and temporary water service agreements. BVWSD owns pre-1914 Kern River rights associated with its "Second Point Right," or the water to which the district is entitled, from the Second Point of Measurement allocation under the Miller-Haggin Agreement of July 28, 1888, and as subsequently amended. This Second Point Right provides BVWSD with an average entitlement of approximately 150,000 acre-feet per year of surface water from the Kern River. The Kern River Watermaster, in coordination with the City Water Department's daily management of Kern River flows, records the amount of water released daily from the Isabella Reservoir into the Kern River. Because of BVWSD's pre-1914 rights on the Kern River, the District has access to large quantities of high- flow Kern River water supplies in wet years. BVWSD and its predecessor-in-interest Miller & Lux have long realized the value of capturing and storing its Second Point Right entitlement, especially in high-flow years for later use when supplies are not available. Accordingly, aquifer storage and recovery programs and surface storage have, and continue to be, utilized to maximize the use of surplus wet-year water supplies. During periods of mandatory release on the Kern River, water released from the Isabella Reservoir may be available for diversion to the Proposed Project by BVWSD and/or RRBWSD. Kern River water would be conveyed to the project site through the 2800 Acre Basin 1 head gate to the canal through the Pioneer Project as described above. G. Proposed Bicycle Path The Districts propose to dedicate an easement to the City for use as a bicycle path that would connect trails in the western suburban area of Bakersfield with the Kern River Canal and, from there, across the canal to the Kern River Parkway Trail. The proposed bicycle path is conceptual in nature at this time. The City Recreation and Parks Department would design, construct, and maintain the trail, which would be located in such a way that users would not have access to the Proposed Project site. General characteristics of the trail would conform to bicycle path requirements in the City of Bakersfield Recreation and Parks Master Plan (City of Bakersfield 2007) and the City of Bakersfield Bicycle Transportation Plan (City of Bakersfield 2013), When funding is available and design of the trail is more developed, the City would determine whether additional CEQA review is required. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 12 CEQA Findings H. Best Management Practices The Districts and their contractors would implement standard housekeeping best management practices (BMPs) to protect wildlife in the project area from being injured or otherwise harmed during construction and operation of the Proposed Project. These BMPs, described in more detail below, would be implemented during all phases of project construction and during operation ofthe recharge facilities: BMP-1: Remove Trash. Trash and food items shall be contained in closed, wildlife-proof containers and removed weekly at a minimum from the project site. BMP-2: Prohibit Firearms and Pets. Firearms and pets shall be prohibited from the project site. Wildlife- friendly fencing will be installed along the bike trail to prevent pets from accessing sensitive habitat areas. BMP-3: Limit Vehicle Use to Existing Roads and Minimize Vehicle Speed. Existing roads/routes of travel shall be used to the maximum extent feasible. Off-road/cross-country travel by construction equipment and vehicles is prohibited unless specifically authorized by the Project Biologist. Project employees shall exercise caution when traveling or working within listed species' habitats. To minimize wildlife injury/mortality, the daytime speed limit on unpaved roads shall be a maximum of 20 miles per hour (mph). If conditions warrant, the maximum speed may be lowered to 10 mph, for example along a narrow road in highly sensitive habitat; this determination shall be made by the biological monitor. The maximum speed shall be posted in the project area. BMP-4: Check for Wildlife Under Vehicles and Equipment: All vehicle/equipment operators shall check for wildlife under vehicles and equipment prior to operation. If animals are observed, vehicles and equipment will not be moved until observed wildlife move away on their own so that they are not under threat of injury/mortality, or the Project Biologist has relocated the wildlife out of harm's way (if such relocation is authorized by the involved regulatory agencies). I. Project Approvals The Applicant is requesting a change to the land use designation of approximately 2,070 acres of undeveloped land, commonly known as McAllister Ranch, in western Bakersfield to enable the construction and operation of the Proposed Project. The Proposed Project would include the following actions and approvals: • Specific Plan Amendment/General Plan Amendment (SPA-GPA) to: September 2024 o rescind the McAllister Ranch Specific Plan, including all goals, policies, and implementation measures; o amend the Land Use Element of the Metropolitan Bakersfield General Plan (MBGP) to change the designation of the Property from SR (Suburban Residential), LR (Low Density Residential), LMR (Low Medium Density Residential), HMR (High Medium Density Residential), HR (High Density Residential), and GC (General Commercial) to R-EA (Resource -Extensive}; CEQA Findings for the McAllister Ranch Groundwater Banking Project 13 CEQA Findings o amend the Circulation Element of the MBGP to remove all McAllister Ranch interior street alignments approved by Resolution 094-07, including McAllister Drive, Canfield Parkway, Old Settler Road, Stetson Way, Erikson Drive, Marino Parkway, Conestoga Way, and any other unnamed local streets within the Plan boundary with no other changes to Circulation for Panama Lane, the West Beltway, or South Allen Road; and o amend the Housing Element of the MBGP to remove the housing units approved with the McAllister Ranch Specific Plan from the City's Vacant Land Inventory. • Zone Change (ZC) for the Property from R-1 (One Family Dwelling), E (Estate), R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development), R-3/PUD (Multiple Family Dwelling/Planned Unit Development), C-1/PCD (Neighborhood Commercial/Precise Commercial Development), C-C/PCD-PE (Commercial Center/Precise Commercial Development-Petroleum Extraction Combining) and DI (Drill Island) to A-WR (Agriculture -Water Recharge Combining); and • Design, construction, and operation of a water banking facility (storage and recovery) on the Property, including water conveyance to and from the site and spreading and recovery facilities on site at the project site. Under CEQA, a responsible agency is a public agency, other than the lead agency, that has responsibility for carrying out or approving a project (Public Resources Code [Pub. Res. Code] section 21069). Responsible agencies for the Proposed Project are BVWSD and RRBWSD. CEQA defines a trustee agency as a state agency that has jurisdiction by law over natural resources affected by a project, that are held in trust fort he people of the State of California (Pub. Res. Code section 21070). CDFW is a trustee agency for the Proposed Project, for the purposes of the FEIR. Other permits and approvals, which are known to be needed, or may be needed, in order to implement various Project components in the future, are identified in Table 2-7, Anticipated Regulatory Permits, Approvals, and Consultations, of the FEIR's Project Description (Section 2). J. Purpose and Objectives The CEQA Guidelines call for an EIR to identify objectives sought by a proposed project (CEQA Guidelines Section 15124[b]). A statement of objectives helps convey the reasons for considering approval of the project, including its intended benefits, and guides the development of a reasonable range of alternatives to evaluate in the EIR. Primary water management goals of independent water storage districts such as BVWSD (the Applicant) and RRBWSD are to benefit the lands, landowners, and water users within their respective boundaries, as well as water banking partners, by providing a reliable, affordable, and usable water supply through economic and efficient storage, distribution, and use of available water supplies. Such districts must also facilitate programs that protect and benefit the groundwater basins that underlie their areas, as required by the Sustainable Groundwater Management Act (SGMA) (California Water Code Sections 10720 et seq.). September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 14 CEQA Findings The Proposed Project site is within the jurisdictional boundary of the Kern River Groundwater Sustainability Agency (KR GSA. The KR GSA would have an interest in monitoring operation of the Proposed Project and coordinating with the Districts to ensure consistency with their groundwater sustainability plan (GSP). In support of the general water management goal described above, the Proposed Project would provide the following benefits (purposes): ■ Conserve available water supplies for use during below-average years or as otherwise needed for the Districts' purposes; ■ Provide water recharge, storage and recovery capacity for the Districts, which would allow for the efficient management of water supplies in the Districts' service areas; and ■ Provide flexibility for the Districts in implementing their Conjunctive Use Programs. More specific objectives ofthe Proposed Project include the following: ■ To increase water supply reliability in the area, in a cost-effective and environmentally sound manner, by providing a means to store water in the groundwater aquifer and provide a means to extract and use the stored groundwater when needed; ■ To reduce the Districts' dependence on the Sacramento-San Joaquin River Delta (Delta) through programs such as the State Water Project (SWP) and Central Valley Project (CVP), by storing water locally in the groundwater aquifer for later extraction and use; ■ Capture, recharge, and store water from the Kern River, SWP, Federal projects, and other available sources for later use; ■ Provide operating flexibility for the Districts' existing and future Conjunctive Use Programs with banking partners, exchanges, and sales; ■ Assist in achieving groundwater sustainability within Kern County Sub-basin of the San Joaquin Valley Groundwater Basin through implementation of projects consistent with California Executive Order N-10-19 directing State agencies to develop a "water resilience portfolio"; and ■ Provide ecosystem public benefits and water supply benefits for agricultural, M&I, and wildlife refuge uses. Ill. ENVIRONMENTAL ANALYSIS A. Initial Study and Notice of Preparation Preliminary environmental review of the McAllister Ranch Groundwater Banking Project was conducted by the City's Development Services Department by way of the Notice of Preparation/Initial Study (NOP/IS), notifying the Governor's Office of Planning and Research (OPR) and each responsible and trustee agency September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 15 CEQA Findings of the City's plan to prepare an EIR for the project. In the NOP/IS, the City listed the following subject areas to be analyzed in the EIR: 1. Air Quality 10. Mineral Resources 2. Biological Resources 11. Noise 3. Cultural Resources 12. Public Services 4. Energy 13. Recreation 5. Geology/Soils 14. Transportation 6. Greenhouse Gas Emissions 15. Tribal Cultural Resources 7. Hazards and Hazardous 16. Utilities/Service Systems Materials 17. Mandatory Findings of 8. Hydrology/Water Quality Significance 9. Land Use/Planning On June 12, 2020, the City circulated the NOP/IS to responsible agencies, trustee agencies, regional agencies, and other agencies, organizations, and interested persons for the 30-day review period required under CEQA. The NOP requested that the agencies, organizations, and others provide the City with specific details about the scope and content of the environmental information to be contained in this Draft EIR. In addition, to facilitate local participation, the City held a scoping meeting on June 29, 2020 at the City of Bakersfield's Council Chambers, 1501 Truxtun Avenue, Bakersfield, CA, to present the project and to solicit suggestions from the public and other agencies on the scope and content of the Draft EIR. While no areas of controversy were made known to the lead agency, several aspects of the Proposed Project and its potential effects were raised during the scoping period, which were subsequently addressed in the EIR. See, FEIR at Section ES.9, Areas of Controversy. B. Environmental Impact Under CEQA Guidelines Section 15105, the City was required to provide a 45-day public review period on the Draft EIR. The McAllister Ranch Groundwater Banking Project Draft EIR (July 2022) was made available for public comment beginning July 18, 2022 and ending September 1, 2022. On August 30, 2022, the City extended the public comment period an additional 21 days to September 22, 2022. The Draft EIR and supporting documents were made available for download from the City's website: https://www.bakersfieldcity.us/279/Environmental-Documents. In November 2024, the McAllister Ranch Groundwater Banking Project FEIR was completed. The FEIR included all comments and responses to comments received on the Draft EIR, an additional technical appendix, and other information and clarifications. On September 20, 2024, City staff made the draft Final EIR available for public review by posting it on the City's website. Following release of the draft Final EIR, on October 3, 2024, the Planning Commission held a public hearing on the Project, associated entitlements, and the draft Final EIR. Specific concerns raised by Planning Commissioners included: Se !ember 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 16 CEQA Findings A public hearing was scheduled before the City Council for November 20, 2024. IV. ENVIRONMENTAL RESOURCE CATEGORIES FOUND TO HAVE NO IMPACT OR A LESS THAN SIGNIFICANT IMPACT The City finds that, based upon substantial evidence in the record, the McAllister Groundwater Banking Project would either have no impact or impacts would be less than significant relative to the following environmental resource categories and, therefore, no mitigation is required pursuant to Public Resources Code Section 21081(a) and CEQA Guidelines Section 15091(a). Environmental Resource Category Air Quality (EIR Chapter 4) Biological Resources (EIR Chapter 5) Cultural Resources {EIR Chapter 6) Energy (EIR Chapter 7) September 2024 No Impact or Less than Significant Environmental Impact • Conflict with or obstruct implementation of an applicable air quality plan -less than significant impact (Impact AQ-1). • Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard-less than significant impact (Impact AQ-2). • Expose sensitive receptors to substantial pollutant concentrations -less than significant impact (Impact AQ-3). • Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people-less than significant impact (Impact AQ-5). • Impact on State or Federally Protected Wetlands or Waters of the U.S. -no impact (Impact 810-3). • Impact on Movement of Resident or Migratory Fish or Wildlife Species, Established Native Resident or Migratory Wildlife Corridors, or Native Wildlife Nursery Sites -no impact (Impact 810-4). • Conflict with Local Policies or Ordinances Protecting Biological Resources -no impact (Impact B1O-5). • Conflicts with Habitat Conservation Plans, Natural Community Conservation Plans, or Other Approved Conservation Plans -no impact (Impact 810-6). • Adverse change in the significance of a historical resource - no impact (Impact CR-1). • Result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation -less than significant impact (Impact ENR-1). • Conflict with or obstruct a state or local plan for renewable energy or energy efficiency -less than significant impact (Impact ENR-2). CEQA Findings for the McAllister Ranch Groundwater Banking Project 17 Environmental Resource Category Geology, Soils and Seismicity (EIR Chapter 8) Greenhouse Gas Emissions (EIR Chapter 9) Hazards and Hazardous Materials {EIR Chapter 10} September 2024 CEQA Findings No Impact or Less than Significant Environmental Impact • Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction -less than significant impact (Impact GE0-1). • Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving landslides -Jess than significant impact (Impact GE0-2). • Result in substantial soil erosion or loss of topsoil -less than significant impact (Impact GE0-3). • Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse -less than significant impact (Impact GE0-4). • Result in risk to property and life from expansive soils -Jess than significant impact (Impact GE0-5). • Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment -Jess than significant impact (Impact GHG-1). • Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing emissions of GHGs - Jess than significant impact (Impact GHG-2). • Emit hazardous emissions or involve handling hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school -no impact (Impact HAZ-3). • Located on a site that is included on a list of hazardous materials sites compiled pursuant to California Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment -no impact (Impact HAZ-4). • Result in a safety hazard or excessive noise for people residing or working in the project area if the project is within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public-use airport -no impact (Impact HAZ-5). • Impair implementation of or physically interfering with an adopted emergency response plan or emergency evacuation plan -Jess than significant impact (Impact HAZ-6). • Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires -no impact (Impact HAZ-7). CEQA Findings for the McAllister Ranch Groundwater Banking Project 18 Environmental Resource Category Hydrology and Water Quality- Hydrology (EIR Chapter 11} September 2024 CEQA Findings No Impact or Less than Significant Environmental Impact • Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality -less than significant impact (Impact WQ-1). As explained in the Responses to Comments, there was evidence of potential soil contamination at the site due to historic oil extraction and related activities. (See Response to Comment No. D-16, which is incorporated herein by this reference.) To address this issue, Haro Engineering was retained to assess the vertical and lateral extent of such contamination and recommend corrective action if needed to ensure the project would not cause the contamination to spread or make contact with groundwater. (Response to Comment No. D-16.) Haro determined that while most ofthe soil samples analyzed did not show contaminant concentrations above their established screening levels, a few of the samples from a trenched area did exhibit hydrocarbon concentrations (PAH and VOCs) above screening levels. Based on this information, Haro recommended that prior to commencement of the Project, the Districts remove approximately 266 cubic yards of hydrocarbon-impacted soil and dispose of it offsite. (Ibid.) The City will require that the District's implement this recommendation as a condition of Project approval. The El R's determination that the Project will not result in significant impacts on water quality is supported by additional Responses to Comments, including but not limited to the following: Responses to Comment Nos. A-7, D-14, D-16, F-10, F-11, F-46, F-47, F-48, F-49, F-52, F-53, F-54, and F-55, all of which are incorporated by this reference into these Findings. • Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin -less than significant impact (Impact WQ-2). The Project's potential to affect existing groundwater supplies and/or interfere with groundwater recharge operations and management is analyzed extensively in the EIR, including but not limited to the following Responses to Comments: o A-4, A-5, A-6, A-9, A-11, A-13, A-14, A-15, A-17, A- 19, A-20, A-21; o D-4, D-5, D-6, D-7, D-9, D-10, D-11, D-17, D-18, D- 19, D-20, D-25, D-26, D-27; o F-4, F-5, F-6, F-7, F-8, F-9, F-13, F-14, F-15, F-16, F- 17, F-21, F-36, F-36, F-38, F-39, F-40, F-43, F-44, F- 45, F-50, F-57, F-58, F-59, F-63, and F-68. These Responses to Comments, which are incorporated by this reference into these Findings, further support the City's determination that the Project would have less than significant CEQA Findings for the McAllister Ranch Groundwater Banking Project 19 Environmental Resource Category September 2024 CEQA Findings No Impact or Less than Significant Environmental Impact impacts on groundwater supplies, groundwater recharge, and groundwater management. • Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: o result in substantial erosion or siltation on or off site -less than significant impact (WQ-3). o substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site -less than significant impact (WQ-3). o create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff- less than significant impact {WQ-3). o impede or redirect flood flows -less than significant impact {Impact WQ-3). • Result in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation -less than significant impact (Impact WQ-4). • Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan - less than significant impact {Impact WQ-5). The EIR examined the Project's potential to conflict with or obstruct implementation of water control plans and/or sustainable groundwater management plans. In addition, these issues were discussed in the following Responses to Comments: o Water Quality: A-7, D-14, D-16, F-10, F-11, F-46, F- 47, F-48, F-49, F-52, F-53, F-54, and F-55. o Groundwater Management: A-4, A-5, A-6, A-9, A- ll, A-13, A-14, A-15, A-17, A-19, A-20, A-21;D-4, D-5, D-6, D-7, D-9, D-10, D-11, D-17, D-18, D-19, D-20, D-25, D-26, D-27; F-4, F-5, F-6, F-7, F-8, F-9, F-13, F-14, F-15, F-16, F-17, F-21, F-36, F-36, F-38, F-39, F-40, F-43, F-44, F-45, F-50, F-57, F-58, F-59, F-63, and F-68. These Responses to Comments, which are incorporated by this reference into these Findings, further support the City's determination that the Project would not significantly affect implementation of water quality control plans and/or sustainable groundwater management plans.have less than CEQA Findings for the McAllister Ranch Groundwater Banking Project 20 Environmental Resource Category Land Use/Planning {EIR Chapter 12) Noise and Vibration {EIR Chapter 13} Population and Housing {EIR Section Chapter 14} Public Services {EIR Chapter 15} Recreation {EIR Chapter 16} September 2024 CEQA Findings No Impact or Less than Significant Environmental Impact significant impacts on groundwater supplies, groundwater recharge, and groundwater management. • Potential to physically divide an established community -no impact (Impact LU-1). • Conflict with applicable land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect -less than significant impact (Impact LU-2). • Substantial temporary or permanent increase in ambient noise levels in the vicinity of the proposed maintenance area in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state or federal standards -less than significant impact (Impact NOl-1). • Generation of excessive groundborne vibration or groundborne noise levels -less than significant impact (Impact NOl-2). • Location in the vicinity of a private airstrip or an airport land use area, or within 2 miles of a public airport, and exposure of people residing or working in the area to excessive noise levels -no impact (Impact NOl-3); • Potential to induce population growth within the City of Bakersfield -less than significant impact (Impact POP-1). • Potential effects to existing housing stock within the City of Bakersfield -less than significant impact (Impact POP-2). ■ Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives relating to the following public services: o Fire Protection -less than significant impact (Impact PS-1); o Police Protection -less than significant impact (Impact PS-1). ■ Include recreational facilities that would have an adverse physical effect on the environment -less than significant impact (Impact REC-1). ■ Increase the use of existing recreational facilities -no impact (Impact REC-2). CEQA Findings for the McAllister Ranch Groundwater Banking Project 21 Environmental Resource Category Utilities and Service Systems (EIR Chapter 18} Cumulative Impacts (EIR Chapter 20) September 2024 CEQA Findings No Impact or Less than Significant Environmental Impact ■ Require or result in the relocation or construction of new or expanded water, wastewater treatment, storm water drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects -less than significant impact (Impact UTL-1). ■ Have insufficient water supplies to supply the project and reasonably foreseeable future development during normal, dry and multiple dry years -less than significant impact (Impact UTL-2). ■ Energy: The Proposed Project would have less-than- significant impacts regarding wasteful, inefficient, or unnecessary consumption of energy and would not conflict with state or local renewable energy plans. Energy use is largely a project-specific issue, and compliance with state and local plans is typically required of all projects. Therefore, there would be no potential for a significant cumulative impact. ■ Geology, Soils, and Seismicity: Extensive previous excavation at the project site has not identified geological, soils, or seismic concerns. With implementation of erosion control BMPs and SWPPP compliance, impacts of the Proposed Project would be less than significant. Paleontological resources could be affected during construction, and Mitigation Measure GE0-1 would reduce that impact to a less-than-significant level. Geology and soils are, by nature, site specific; therefore, there would be no potential for a significant cumulative impact. ■ Hazards and Hazardous Materials: Once in operation, the Proposed Project may require the use of insect control measures for mosquito abatement in the percolation basins. Mitigation Measure HAZ-1 would reduce this impact to a less- than-significant level. Small quantities of hazardous substances were observed on the Proposed Project site during the site reconnaissance, including near some of the active oil wells within and near the site. If contamination is present, then soil excavation activities could expose construction workers to existing on-site hazardous materials. Mitigation Measures HAZ-2 and HAZ-3 would reduce this impact to a less-than-significant level. Cumulative projects would have similar potential for insect control issues and hazardous materials onsite. Because these issues are site specific, there would be no potential for a significant cumulative impact. ■ Hydrology and Water Quality: The Proposed Project would not result in substantial degradation of water quality or drawdown of groundwater supplies; rather, the Proposed CEQA Findings for the McAllister Ranch Groundwater Banking Project 22 Environmental Resource Category September 2024 CEQA Findings No Impact or Less than Significant Environmental Impact Project would likely have a beneficial overall effect on water quality and groundwater levels. Using available surface water supplies to recharge groundwater would benefit groundwater supplies/levels in the subbasin, which is currently in "critical overdraft." Improving storage of water supplies in the aquifer would likely improve groundwater quality as well, since some naturally occurring pollutants (e.g., arsenic) are more closely associated with deeper subsurface materials. In this respect, the Proposed Project would further progress towards achievement and maintenance of groundwater beneficial uses identified in the Water Quality Control Plan for the Sacramento and San Joaquin River Basins. During very low groundwater conditions, the Proposed Project could interfere with nearby non-project wells as a result of the Proposed Project's recovery operations; however, the Draft Mitigation Joint Use Agreement describes project operations under all pumping scenarios and establishes limitations that would minimize or mitigate for any significant effects (Appendix B). Likewise, the Proposed Project will be subject to the conditions of the MOU and Operations Plans (Appendix B). Notably, operation of the Proposed Project, on its own, would not cause groundwater levels to drop below the thresholds identified in the KRGSA GSP. This conclusion was confirmed by an updated hydrogeological analysis prepared in response to comments received on the Draft EIR and included in the FEIR. (See Response to Comment A-4, which is incorporated by reference into this Finding. This conclusion is further supported by the following Responses to Comments: A-4, A- S, A-6, A-9, A-11, A-13, A-14, A-15, A-17, A-19, A-20, A-21;D- 4, D-5, D-6, D-7, D-9, D-10, D-11, D-17, D-18, D-19, D-20, D- 25, D-26, D-27; F-4, F-5, F~G, F-7, F-8, F-9, F-13, F-14, F-15, F- 16, F-17, F-21, F-36, F-36, F-38, F-39, F-40, F-43, F-44, F-45, F- 50, F-57, F-58, F-59, F-63, and F-68. These Responses to Comments are incorporated by reference herein. The overall effect of the Proposed Project on groundwater supplies and sustainable management of the basin would be beneficial. As noted above, storage and later utilization of excess surface water supplies (e.g., floodwater) that cannot otherwise be stored would have a positive effect on the region's groundwater balance. The project would store substantially more water than it would recover in any given year. As such, the Proposed Project would have a beneficial impact on hydrology and water quality. The Proposed Project would be one of many actions and projects being implemented by water agencies in the Kern County Subbasin and KRGSA Plan Area to address the current CEQA Findings for the McAllister Ranch Groundwater Banking Project 23 Environmental Resource Category September 2024 CEQA Findings No Impact or Less than Significant Environmental Impact water supply situation and ongoing groundwater basin impacts. The identified cumulative projects are similarly intended to address these same impacts. Both the future cumulative projects and existing local groundwater banking programs would operate under strict guidelines from the applicable GSAs, the California Department of Water Resources, and the State Water Resources Control Board, as well as MOUs and Operations Plans similar to those that will be required of the Proposed Project. Overall, these projects would improve groundwater and water supply conditions in the Kern River Subbasin. therefore, the Proposed Project would not contribute substantially to a significant cumulative impact on hydrology or water quality -less than significant cumulative impact (Impact CUM-3). ■ Land Use and Planning: Because the project site is located at the western edge of development in Bakersfield, the Proposed Project would not physically divide an existing community. The Proposed Project would involve rescinding approval of the McAllister' Ran.ch Specific Plan, eliminating the potential for a conflict with the policies contained in that plan. In addition, the Proposed Project would be con.sistent with policies and objectives of the Sustainable Groundwater Management Act (SGMA) and the groundwater sustainability plans of the Kern River Groundwater Sustainability Agency and Kern Groundwater Al!thority. Cumulative projects would similarly be consistent with those policies and objectives. Therefore, there would be· no potential for a significant cumulative impact. • Noise and Vibration: Noise modeling shows that construction activities for the Proposed Project would not result in a substantial temporary increase in ambient noise levels. Implementation of Mitigation Measure NOl-1 would ensure that project operations and routine maintenance would not result in substantial increases in ambient noise levels. Thus, the Project's contribution. to cumulative impacts related to noise would not be considerable. • Population and Housing: The Proposed Project would increase groundwater storage in the Kern River Subbasin but would not involve construction of new facilities that would directly induce growth. Rescinding approval of the McAllister Ranch Specific Plan and the corresponding 9,000 housing units would result in a. vacant unit potential that exceeds the remaining RHNA allocation need by approximately 523 percent. Therefore, the City would have sufficient capacity to accommodate the remaining unmet RHNA allocation in each income level and would be in compliance with SB 166. Similarly, the cumulative projects would not directly induce growth or affect existing housing stock. Therefore, the CEQA Findings for the McAllister Ranch Groundwater Banking Project 24 Environmental Resource Category CEQA Findings No Impact or Less than Significant Environmental Impact Proposed Project would not contribute to a significant cumulative impact. • Public Services: The site is located in a primarily rural area. As a groundwater recharge facility, the site would be inactive during approximately 85 percent ofthe year (the dry season) and would be maintained as dry ponds. Regular project operations would require minimal employees, would not induce population growth, and would not involve high fire hazard activities. As a result, the Proposed Project would not increase the need for fire or police protection services. Similarly, the cumulative projects would have no potential to increase the need for public services. Therefore, the Proposed Project would not contribute to a significant cumulative impact. • Recreation: The Proposed Project would include construction of a bicycle path connecting suburban Bakersfield development to the Kern River Parkway. Impacts on recreation would be less than significant. The cumulative projects would, in a conservative assessment, have no impact on recreation; at best, additional recreational facilities could be added to the area. Therefore, the Proposed Project would not contribute to a significant cumulative impact. • Utilities and Service Systems: The Proposed Project would not require new or expanded entitlements or utility infrastructure to serve the facility. Water, wastewater, electricity, and. other service systems have availability to serve the project. Storm drainage would be retained on site. During construction, approximately 70-100 truckloads of steel rebar, plastic, and conduit would be disposed of offsite; asphalt and concrete removed during demolition would be ground and used onsite for roadways and levee protection; and excavated dirt would be used to construct levees separating the recharge basins. Mitigation Measure UTL-1 would require compliance with CALGreen waste diversion requirements to the extent feasible. The cumulative projects would, for the most part, involve little to no solid waste removal aside from domestic waste. Therefore, the Proposed Project would not contribute to a significant cumulative impact. V. POTENTIALLY SIGNIFICANT IMPACTS THAT CAN BE MITIGATED TO A LEVEL BELOW SIGNIFICANT (CEQA GUIDELINES§ 15091(A)(1)) Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(l) of the State CEQA Guidelines, the City Council finds that, for each of the following significant effects identified in the FEIR, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 25 CEQA Findings the identified significant effects on the environment to less than significant levels. The significant effects and mitigation measures are stated fully in the FEIR. These findings are explained below and are supported by substantial evidence in the record of proceedings. A. Air Quality Impact AQ-4. Expose Sensitive Receptors to Toxic Air Contaminants Description of Significant Effect: As part of ground disturbing activities associated with project construction, Valley Fever spores found in the top few inches of soil may be stirred up. Even after implementation of Cal/OSHA regulations and the SJVAPCD's Regulation VIII fugitive dust mitigation measures, the potential exists for spores to reach nearby sensitive receptors and result in cases of Valley Fever. As such, the potential for an increase in incidence of Valley Fever is high given that Kern County has one of the highest incidence rates in the state. This would be a potentially significant impact during project construction. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measure: • Mitigation Measure AQ-1: Develop and Implement a Valley Fever Management Plan. The Districts or their contractors shall implement the following measures: • Prepare a Valley Fever Management Plan (VFMP). The VFMP shall be submitted to the California Department of Public Health and the Kern County Department of Public Health for review and to the City of Bakersfield for final approval prior to the start of construction. The VFM P shall include, but will not be limited to, the following elements as currently recommended by the California Department of Public Health: o Adopt site plans and work practices that reduce workers' exposure and which would also help minimize primary and secondary exposure to the community through direct dispersal of spores or secondary dispersal from contaminated workers or equipment bringing spores to the community. The site plans and work practices may include some or all of the following measures: September 2024 ■ Minimize the area of soil disturbed. ■ Use water, appropriate soil stabilizers, and/or re-vegetation to reduce airborne dust. ■ Stabilize all spoils piles by tarping or other methods. ■ Provide air-conditioned cabs for vehicles that generate heavy dust and make sure workers keep windows and vents closed. ■ Suspend work during heavy winds. CEQA Findings for the McAllister Ranch Groundwater Banking Project 26 CEQA Findings ■ Take measures to reduce transporting spores offsite, such as the following: o Clean tools, equipment, and vehicles before transporting offsite. o If workers' clothing is likely to be heavily contaminated with dust, provide coveralls and change rooms, and showers where possible. ■ Identify a health care provider for occupational injuries and illnesses who is knowledgeable about the diagnosis and treatment of Valley Fever. This helps to ensure proper diagnosis and treatment as well as tracking potential outbreaks that may affect the community. ■ Train workers and supervisors about the risk of Valley Fever, the work activities that may increase the risk, and the measures used onsite to reduce exposure. Also train on how to recognize Valley Fever symptoms. This helps to ensure proper diagnosis and treatment as well as tracking potential outbreaks that may affect community. ■ Encourage workers to report Valley Fever symptoms promptly to a supervisor. Not associating these symptoms with workplace exposures can lead to a delay in appropriate diagnosis and treatment. This helps to ensure proper diagnosis and treatment as well as tracking potential outbreaks that may affect community. Rationale: Implementation of Mitigation Measure AQ-1 would reduce the risk of potential exposure to Valley Fever and the related impacts to less than significant because this mitigation measure would ensure that construction activities at the site comply with applicable public health guidance and, thereby, substantially reduce the risk of exposure during project construction. B. Biological Resources Impact BI0-1. Impacts to Special Status Species i) Description of Significant Effect: Surveys for special-status plant species in the area detected Kern mallow, a federally endangered species. If percolation pond #24 remains within the Proposed Project footprint, the entire population of these species on-site could be impacted as the area would be converted to percolation pond #24. Impacts include physical removal of the individuals due to trampling or vehicle access, and removal of their habitat, which would be a significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: ■ Mitigation Measure BI0-1: Conduct a Preconstruction Survey for Kern Mallow If the 160-acre area of chenopod scrub habitat onsite will be impacted by project-related activities, an appropriately timed preconstruction survey for Kern mallow shall be conducted by a qualified biologist during the spring season (or when reference populations are flowering) that precedes construction. The distribution of the Kern mallow population shall be marked in the field with flagging and mapped with GPS, and population size/number of individual Kern mallow plants will be estimated. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 27 CEQA Findings Within 30 days prior to construction, a qualified biologist will ensure that all flagging is still intact and replace flagging as necessary. ■ Mitigation Measure 810-2: Implement Kern Mallow Avoidance Buffers A minimum SO-foot avoidance buffer measured outward from the individual plant, cluster of plants, or mapped population boundaries shall be maintained around populations of Kern mallow in perpetuity. If avoidance buffers are encroached upon, Mitigation Measure BIO-3 would be implemented. ■ Mitigation Measure 810-3: Compliance with USFWS ITP/HCP Requirements, if Applicable If project activities result in encroachment on Kern mallow avoidance buffers, a· qualified biologist shall evaluate and quantify the impact to Kern mallow including identifying the impacted number of plants and the impacted acreage. The Districts shall comply with USFWS approved protocol requirements including notification requirements, and, if applicable, coordinate with USFWS to develop a Salvage/Relocation Plan for Kern mallow. For example, a Relocation Plan strategy may include: a. Collection of seed by a biologist with proper plant collecting permits, with reseeding undertaken at the site following the activity during appropriate seasonal timeframes and weather conditions favorable for germination and growth. b. In areas where mapped Kern mallow will be impacted, stockpiling the top 6 in~hes of topsoil collected to preserve the seed banks. The soil may be redistributed in other areas of. the project site that are to be left undisturbed (if available) or at a protected offsite location (e.g., Kern Water Bank land, other lands owned by BVWSD or RRBWSD). ■ Mitigation Measure 810-4: Prepare and Implement Environmental Training Program A qualified and approved Project Biologist shall be assigned to the project who shall be responsible for overseeing environmental compliance and protections for special-status/sensitive plants, animals, and habitats during construction. The Project Biologist shall be the main point of contact between the Districts and regulatory agencies for matters involving regulatory compliance for biological resources. The Project Biologist shall prepare a project Environmental Training Program. Employees and supervising staff working on the project shall participate in an initial program session provided by the Project Biologist prior to initiation of construction activity. At a minimum, the program shall cover the general behavior and ecology of the pertinent special-status species, legal protection, penalties for federal and state law violations, and protective measures. A fact sheet/brochure or PowerPoint presentation conveying this information shall be made available to on-site personnel, construction workers, staff involved in operations, and other individuals who may enter the project site. New employees shall receive the training prior to working on the active site, with training provided by the Project Biologist or a qualified biologist/biological monitor, or by viewing a PowerPoint presentation. Upon receiving the training, each trainee shall sign a record sheet verifying their September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 28 CEQA Findings participation in the training and acknowledging their environmental compliance responsibilities while working within the project site. ■ Mitigation Measure 810-5: Biological Construction Monitoring A qualified biological monitor shall be on-site during all earthwork activities to monitor construction activities, monitor avoidance of buffer areas, and ensure compliance with all environmental requirements pertaining to biological resources. The qualified biological monitor will clearly understand the Project construction and operational activities, understand the project design plan set, and maintain a clear and open communication line to the Project's construction manager to understand the Project implementation schedule. If there are any questions or uncertainties regarding how the Project will be constructed, then the biological monitor will ask the Project construction manager for details and status updates. The monitoring biologist shall be contacted as soon as possible following the release of potentially hazardous materials into habitat. If a release of potentially hazardous materials occurs within special- status species habitat, the Project Biologist and/or biological monitor will monitor cleanup and containment. The involved regulatory agencies {e.g., USFWS, CDFW, the City) will be notified of the release of potentially hazardous materials and the remedial action taken by the contractor as soon as possible, but not later than 24 hours after the release occurs or is discovered. Within 30 days of completing cleanup activities, a compliance report will be submitted by the Project Biologist/biological monitor to the involved regulatory agencies. Agency-approved biologists may be required to conduct or supervise particular activities (e.g., burrow/den excavation, species relocation) for federally and/or state-listed species. The monitoring biologist shall have the authority to halt any activities that could result in take or injury/mortality of special-status species. Any contractor, employee, or third party responsible for incidentally taking a federally and/or state-listed wildlife species shall immediately report the incident to the Project Biologist who will then notify the involved regulatory agencies (e.g., USFWS, CDFW, the City) within 24 hours by phone and email. All non-emergency actions will cease immediately until guidance is received from the regulatory agencies. Notification must include the date, time, location, and other pertinent information of the incident or of the finding of a dead or injured animal. Written notification will be provided to the regulatory agencies within 3 working days of the incidental take and will include the same notification information listed above. Work shall proceed only after the imminent threat of take has been resolved. At minimum, weekly monitoring reports and an Annual Compliance Report shall be prepared by the Project Biologist and/or biological monitor(s) documenting compliance during construction and operations (i.e., if the activities during operations require coverage under a federal ITP and/or state ITP). Monitoring/compliance reports will include documentation of project compliance/non- compliance, special-status species observations, protective/corrective actions taken, project site photographs, copies of Environmental Training Program sign-in sheets, and any .other information considered useful or relevant. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 29 CEQA Findings Rationale: Implementation of Mitigation Measures BIO-1, BIO-2, and BIO-3, which require pre- construction surveys, the establishment of buffers as appropriate, and potential development of a relocation plan if applicable, respectively, would reduce direct and indirect impacts to the Kern mallow to less than significant. Additionally, implementation of Mitigation Measures BIO-4, which requires that a qualified Project Biologist responsible for overseeing environmental compliance and protections for special-status species during project construction be assigned to the Project, and BIO-5, which requires that a qualified biological monitor be on-site to monitor construction activities, monitor avoidance of buffer areas, and ensure compliance with all environmental requirements pertaining to biological resources, will further ensure that potential impacts to the Kern mallow be reduced to less than significant with mitigation. ii) Description of Significant Effect: Implementation of the P reposed Project potentially wou Id result in significant impacts to the Blunt-nosed Leopard Lizard (BNLL), coast horned lizard, Bakersfield legless lizard, California legless lizard, California glossy snake, and San Joaquin coachwhip, if they are present on- site. The BNLL, a federal and state-listed endangered species, was last observed on the site in 1991 and the Project site contains potential habitat, although, based on protocol surveys, BNLL are not anticipated to occur on-site. The coast horned lizard, Bakersfield legless lizard, California glossy snake, and San Joaquin coachwhip are California Species of Special Concern. Potential habitat for these species occurs on the Project site, although none of these species were observed onsite during surveys conducted in 2013, 2020, and 2021. If present on-site, construction and operation within the Project site could impact these species through direct injury or mortality and/or entombment in burrows from construction equipment. Injury or mortality could also be caused by vehicle traffic or exposure to chemicals from equipment leaks. Moreover, operation of percolation ponds #17 and #24 would permanently alter/eliminate potential habitat for these species. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: Mitigation Measures BIO-4 [Prepare and Implement Environmental Training Program] and BIO-5 [Biological Construction Monitoring]. See discussion of impacts associated with Kern mallow for text of Mitigation Measures BIO-4 and BIO-5. ■ Mitigation Measure B10-6: Conduct Pre-construction Biological Surveys Within 30 days prior to initiation of construction, qualified biologists shall conduct preconstruction surveys for special-status species in all areas that will be permanently or temporarily impacted, plus a 200-meter buffer in areas subject to legal access. Potential dens, burrows, and nests of special- status species shall be marked with flagging, mapped with GPS, and reported to the CNDDB. Work area boundaries shall be delineated with flagging, temporary fencing, or other markers deemed September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 30 CEQA Findings warranted by the Project Biologist to minimize the potential for offsite impacts associated with potential vehicle straying. Avoidance buffers shall be implemented around the areas that cannot be avoided, similar to those described in Mitigation Measures BIO-1 and BIO-2; the appropriate size/radius of avoidance buffers shall be determined by the Project Biologist based on the species/resource and in compliance with any agency-required standards. Dens, burrows, and nests that cannot be avoided shall be addressed with species-specific mitigation measures (detailed in various mitigation measures below). A preconstruction survey report shall be prepared by the Project Biologist and provided to the Districts. If required, the survey report shall also be submitted to USFWS and CDFW. ■ Mitigation Measure B10-7: Develop and Implement Measures to Avoid Take of BNLL In the unlikely event that BNLL are observed during preconstruction surveys or construction, BVWSD and RRBWSD shall coordinate with the USFWS and CDFW to develop and implement measures to avoid take of BNLL. Such measures may include but may not be limited to: a. Implementation of a BNLL Avoidance measures and/or Relocation Plan. b. Avoidance of burrows that could provide suitable refugia for BNLL. c. Implementation of avoidance buffers. d. An exclusion barrier, such as flashing or other approved fencing material, may be installed around the burrow disturbance area. Protocol-level surveys would be conducted within the exclusion barrier and all BNLL would be allowed to egress or would be removed/relocated (i.e., by a biologist with all necessary federal and state permits) until a negative survey result is achieved within the burrow disturbance area. The negative survey result would remain valid until removal of the exclusion barrier. e. Excavation of burrows that will be impacted to verify they lack BNLL or in a manner that allows BNLL egress away from the disturbance area. f. When possible, seasonal restrictions of project activities in suitable habitat to occur during BNLL inactivity periods. ■ Mitigation Measure B10-8: Avoid or Relocate Special-Status Reptiles If coast horned lizard, Bakersfield legless lizard, California legless lizard, California glossy snake, and/or San Joaquin coachwhip are observed during preconstru.ction surveys or construction, the location(s) where they are observed shall be marked with flagging and mapped with GPS. To avoid the potential for injury/mortality to these species resulting from project-related activities: a. Minimum SO-foot avoidance buffers.shall be implemented at the point(s) of observation; or b. A qualified biologist shall capture and relocate individuals of these species to suitable habitat outside of the area of impact per the approved Relocation Plan as discussed.in Mitigation Measure B10-9. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 31 CEQA Findings ■ Mitigation Measure 810-9: Prepare a Special-Status Species Relocation Plan Prior to construction, the Project Biologist shall prepare a special-status species Relocation Plan that allows for relocation of special-status species encountered prior to or during construction and operations. The Relocation Plan shall be submitted to the involved regulatory agencies for review/approval prior to implementation. Rationale: As discussed above for special-status plants, implementation of Mitigation Measures BIO-4 and BIO-5 would reduce impacts on special-status reptiles through preconstruction training and construction monitoring. Implementation of Mitigation Measures BIO-6 through BIO-9 would require pre-construction surveys, avoidance if possible, and relocation (if necessary). Implementation of these mitigation measures would reduce impacts to the BNLL, Coast horned lizard, Bakersfield legless lizard, California legless lizard, California glossy snake, and San Joaquin coachwhip to less than significant with mitigation. iii) Description of Significant Effect: Project construction could result in potentially significant impacts to the Swainson's Hawk. While no hawks were observed during protocol surveys conducted in 2020, if the hawk nest within one-half mile of the Proposed Project site during construction, the hawk could be impacted by the loss of foraging habitat or disturbances leading to nest abandonment. Construction in the vicinity of the nest sites could disturb breeding through generation of noise and visual distraction. Impacts on raptor nesting sites that result in nest abandonment, nest failure, or reduced health or vigor of nestlings would be significant. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: ■ Mitigation Measure 810-10: Conduct Pre-construction Surveys for Swainson's Hawk If construction occurs between February 1 and August 31, a qualified biologist shall conduct a preconstruction survey of suitable nesting habitat (e.g., potential nest trees, power line towers, etc.) within 0.5 mile of the project site no more than 10 days prior to initiation of construction to ensure that no Swainson's hawks have begun nesting activities near the site. If SWHA absence is reverified, project activities can proceed providing acceptance by CDFW of the survey results. If nesting Swainson's hawks are detected, buffers shall be established around active nests in accordance with Mitigation Measure BIO-11. ■ Mitigation Measure 810-11: Establish Buffers to Avoid or Minimize Impacts on Swainson's Hawk Buffers around active nests will be 0.5 mile unless a qualified biologist determines, based on site- specific evaluation, that a smaller buffer is sufficient to avoid impacts on nesting Swainson's hawks. Factors to be considered when determining buffer size include the presence of natural buffers provided by vegetation or topography, nest height, locations of foraging territory, and baseline levels September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 32 CEQA Findings of noise and human activity. Buffers shall be maintained until a qualified biologist has determined that the young have fledged and are no longer reliant on the nest or parental care for survival. In the event that an active SWHA nest is detected during surveys and a 0.5-mile no-disturbance buffer is not feasible, Mitigation Measure BIO-12 shall be implemented. • Mitigation Measure BI0-12. Swainson's Hawk Take Authorization If SWHA are observed within 0.5 mile of the project site during pre-construction surveys or during construction, the applicant shall coordinate with CDFW to determine if a State Incidental Take Permit, in accordance with F&G Code Section 2081 (b), is required to comply with CESA. Rationale: Implementation of Mitigation Measures BIO-10 through BIO-12 would reqt.i'ire pre- construction surveys, avoidance buffers, and take authorization (if necessary). Implementation of these mitigation measures would ensure that potential impacts to the Swainson's Hawk would be less than significant. iv) Description of Significant Effect: Based on the results of protocol surveys, Burrowing Owl, a California Species of Special Concern, is not anticipated to occur within the Proposed Project site, although suitable habitat does occur on the site. If Burrowing Owl are found to occupy the Project site, construction and operation within potential habitat could impact the owl through direct injury or mortality, entombment in burrows, abandonment of next and/or wintering sites, and or loss of foraging habitat. Such effects could affect reproduction or fitness of individuals and, consequently, impacts would be significant. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: ■ Mitigation Measure BI0-13: Conduct Pre-construction Surveys for Burrowing Owl A qualified biologist shall conduct preconstruction surveys of all areas of potential habitat that will be permanently or temporarily impacted, plus a 200-meter buffer in areas subject to legal access, to locate active breeding or wintering BUOW burrows. The survey(s) shall occur no more than 14 days prior to ground-disturbing activities (i.e., vegetation clearance, grading) or decommissioning. The survey methodology shall be consistent with the take avoidance survey methods outlined in CDFW Staff Report on Burrowing Owl Mitigation (CDFW 2012). Because BUOW may re-colonize a site after only a few days, time lapses between project activities may trigger subsequent surveys, including, but not limited to, a final survey conducted within 24 hours prior to ground disturbance to identify any additional BUOW or burrows necessitating avoidance, minimization, or mitigation measures. The need for additional surveys will be at the final discretion of the Project Biologist. If BUOW absence is reverified, project activities can proceed providing acceptance by CDFW of the survey results. If burrowing owls are present, avoidance buffers will be established as specified below in Mitigation Measure BIO-18. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 33 CEQA Findings ■ Mitigation Measure BIO-14: Establish Avoidance Buffers for Burrowing Owl If BUOW are detected onsite during preconstruction surveys or during construction, no ground- disturbing activities within a minimum 200-meter avoidance buffer shall occur around occupied burrows during the breeding season (February 1 to August 31), unless authorized by CDFW. During the non-breeding season (September 1 to January 31), no ground-disturbing activities within a minimum SO-meter avoidance buffer shall occur around occupied burrows, unless authorized by CDFW. ■ Mitigation Measure BIO-15: Develop a Burrowing Owl Exclusion and Mitigation Plan If burrow avoidance is infeasible during the non-breeding season or during the breeding season where resident owls have not yet begun egg laying or incubation, or where the juveniles are foraging independently and capable of independent survival, the qualified biologist shall coordinate with CDFW to develop a BUOW Exclusion and Mitigation Plan. An Exclusion and Mitigation Plan strategy may include: a. Passive exclusion of BUOW from burrows within the project site using one-way doors. b. Excavation of potential BUOW burrows that are confirmed to be empty of BUOW adults and/or young. c. Creation of artificial BUOW burrows to offset the loss of known occupied BUOW burrows. d. Acquisition of BUOW conservation lands and/or bank credits. Rationale: Implementation of Mitigation Measure 810-13 (Conduct Pre-construction Surveys for Burrowing Owl) would ensure that preconstruction surveys are conducted in all areas where there will be construction impacts. If burrowing owls are found present at the project site, Mitigation Measure 810-14 (Establish Avoidance Buffers for Burrowing Owl) would require implementation of avoidance buffers around occupied burrows. If burrows cannot be avoided, the qualified biologist shall coordinate with CDFW to develop a Burrowing Owl Exclusion and Mitigation Plan as specified in Mitigation Measure 810- 15 (Develop a Burrowing Owl Exclusion and Mitigation Plan). Implementation of these mitigation measures would ensure that impacts on Burrowing Owl would be less than significant with mitigation. v) Description of Significant Effect: Suitable nesting habitat occurs on the Project site for California horned lark, LeConte's thrasher, and other nesting birds, including the common raven, which are special- status birds. During protocol surveys, California horned lark were obs~rved flying thrc;mgh the Project site, and power lines that traverse the property support common raven n~sts. If nesting birds are found to be occupying the Project site, construction ;;ind operation within po_tential habitat could impact nesting birds by altering foraging and nest behaviors, potentially causing nest abandonment, which are significant impacts. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 34 CEQA Find,ings • Mitigation Measure BI0-16: Remove Trees or Shrubs Outside of the Nesting Season Removal of trees or shrubs shall be scheduled to occur in the fall and winter (between September 1 and January 31), outside of the typical nesting season. • Mitigation Measure BI0-17: Conduct Pre-construction Nesting Bird Surveys If any construction activities are proposed to occur during the typical nesting season (February 1 to August 31), a nesting bird survey in areas of suitable nesting habitat (as determined by the Project Biologist) shall be conducted by qualified biologists no more than 2 weeks prior to construction to determine presence/absence of nesting birds. If absence of nesting birds is verified, construction can proceed. • Mitigation Measure BI0-18: Establish Avoidance Buffers Around Active Nests If an active bird nest is observed during preconstruction surveys or during construction, at a minimum, a 500-foot avoidance buffer surrounding the nest shall be implemented for nesting raptors and a 250- foot avoidance buffer shall be implemented for other nesting avian species, unless USFWS or CDFW authorize a reduction of these buffers. Nests, eggs, or young of birds covered by the MBTA and F&G Code shall not be moved or disturbed until a qualified biologist has determined that the nest has become inactive or young have fledged and become independent of the nest. Rationale: Implementation of Mitigation Measures BIO-16 (Remove Trees or Shrubs Outside of Nesting Season) and BIO-17 (Conduct Pre-Construction Nesting Bird Surveys) would reduce the likelihood that nesting birds would be nesting on the Project site and ensure that preconstruction surveys are conducted in all areas where there will be construction impacts. If an active bird nest is observed, Mitigation Measure BIO-18 (Establish Avoidance Buffers Around Active Nests) would ,require implementation of avoidance buffers around such nests. Implementation of these mitigation .measures would ensure that impacts to nesting birds would be less than significant with mitigation. vi) Description of Significant Effect: Giant kangaroo rat (GKR), Tipton kangaroo rat (TKR), San Joaquin pocket mouse, and Tulare grasshopper mouse are special-status small mammals that could be impacted by the Project. The GKR and TKR are each federally and state endangered species, and San Joaquin pocket mouse and Tulare grasshopper mouse are California Species of Special Concern and considered rare species under CEQA. The TKR has been observed on the Project site, and the site contains suitable habitat for GKR, TKR, San Joaquin pocket mouse, and Tulare grasshopper in chenopod scrub habitat within the southwestern corner of the BSA. Construction and operation within this area could impact special-status small mammal species through direct injury or mortality and/or entombment in burrows from construction equipment conducting earthwork. Injury or mortality could also be caused by vehicle traffic and worker foot traffic or exposure to chemicals from equipment leaks. Injury or mortality ofthese species would be a significant impact. Additionally, operation of percolation pond #24 would permanently alter/eliminate potential habitat for special-status small mammal species, which would also be a significant impact. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 35 CEQA Findings Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: Mitigation Measures 810-4 [Prepare and Implement Environmental Training Program], 810-5 [Biological Construction Monitoring], 810-6 [Conduct Pre-construction Surveys], 810-7 [Develop and Implement Measures to Avoid Take of BNLL], 810-8 [Avoid or Relocate Special-Status Reptiles], and 810-9 [Prepare a Special-Status Species Relocation Plan]. See above for discussion of impacts associated with Kern mallow for text of Mitigation Measures 810-4 and 810-5, and see impacts associated with special-status reptiles for text of Mitigation Measures 810-6 through 810-9. [DPH Note: DEIR p. 5-36 [PDF 162/437] relies on BIO Mitigation Measures 810-4 through 810-9 to mitigate impacts to the GKR, et al. However, Mitigation Measures 810-7 and 810-8 are specific to reptiles. Please check confirm whether reliance on these 2 measures is correct or in error.] ■ Mitigation Measure BIO-19: Avoid and Minimize Impacts to Chenopod Scrub If impacts to the 160-acre area of chenopod scrub habitat onsite can be avoided, then the project can proceed and no small mammal trapping, agency coordination, or other mitigation will be required for GKR, TKR, San Joaquin pocket mouse, and Tulare grasshopper mouse. The boundary of the chenopod scrub habitat shall be deemed an ESA and marked with brightly colored flagging or equivalent to be avoided. No construction activities or construction-related access or staging will be authorized within the ESA. If impacts to chenopod scrub cannot be avoided, permane'nt and temporary construction disturbances to chenopod scrub shall be minimized to the extent feasible. Areas that do not require earthwork shall be marked with flagging and avoided as specified above, and a preconstruction Biological Clearance survey will be conducted and as specified below in Mitigation Measure 810-20. ■ Mitigation Measure BIO-20: Conduct Pre-construction Surveys in Chenopod Scrub Habitat If the project will impact chenopod scrub habitat onsite, within 30 days prior to grading or other ground-disturbing activities, a qualified biologist shall conduct a preconstruction Biological Clearance Survey. The survey shall include all areas of potential habitat to be permanently and/or temporarily impacted, as well as a SO-foot buffer of impacted areas. If the Biological Clearance Survey identifies potential small mammal burrows within the proposed area disturbance, a qualified biologist shall conduct a minimum of 5 consecutive nights of live small mammal trapping following the USFWS Sacramento Field Office Survey Protocol for Determining Presence of San Joaquin Kangaroo Rats {USFWS 2013). The qualified biologist shall email a Biological Clearance Survey Report to the proper agencies (e.g., USFWS, CDFW, City). If no special-status small mammals are detected during a minimum of 5 consecutive nights of live small mammal trapping, then the project can proceed with no additional agency coordination or other mitigation required for GKR, TKR, San Joaquin pocket mouse, and Tulare grasshopper mouse. ■ Mitigation Measure BIO-21: Develop a Small Mammal Relocation Plan If special-status small mammal species are detected during live trapping, the applicant shall coordinate with the USFWS and/or CDFW to obtain all necessary regulatory authorizations and September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 36 CEQA Findings develop a Small Mammal Relocation Plan to facilitate FESA and/or CESA compliance, if required. This coordination may include, but may not be limited to: a. Acquisition of a State ITP if GKR and/or TKR are found to occur onsite, including any additional State ITP measures required by CDFW. b. Acquisition of GKR and/or TKR conservation lands and/or bank credits if required by CDFW. c. Additional live trapping to capture and relocate small mammals prior to ground disturbance. d. Excavation of potential small mammal burrows and additional relocation of small mammals encountered during excavation. Rationale: BVWSD would implement BMPs 1 through 4 during construction and operations at the project site. These standard housekeeping measures would protect wildlife in the project area from being injured or otherwise harmed during construction and operation of the Proposed Project; however, they would not fully reduce impacts on these species to a less-than-significant level. Implementation of Mitigation Measures BIO-4 and BIO-5, previously discussed, would reduce impacts by ensuring that a qualified biologist prepares and conducts an environmental training program session prior to construction, and that a biological monitor would be present on-site to monitor construction activities and cleanup of hazardous materials. Additionally, implementation of Mitigation Measure BIO-6, also previously discussed, would ensure that a qualified biologist conducts preconstruction surveys for special-status species and implements avoidance buffers, if necessary. [DPH Note: See prior Note regarding BIO-7 and BIO-8 and if appropriate add reference to the 2 measures here if appropriate.] And, Mitigation Measure BIO-9, also previously discussed, would require preparation of a relocation plan for special-status species that are encountered prior to or during construction and operations. Further, implementation of Mitigation Measure BIO-19 (Avoid and Minimize Impacts to Chenopod Scrub) would minimize impacts by avoiding suitable habitat for small mammal species. Implementation of Mitigation Measure BIO-20 (Conduct Pre-construction Surveys in Chenopod Scrub Habitat) would ensure that pre-construction surveys and live small mammals trapping (if needed) are conducted in the chenopod scrub habitat present on site. And, if special-status small mammals are observed, a Small Mammal Relocation Plan would be prepared as detailed in Mitigation Measure BIO-25 (Develop a Small Mammal Relocation Plan). Therefore, impacts to special-status small mammal species would be less than significant with mitigation. vii) Description of Significant Effect: The San Joaquin Kit Fox (SJKF; federally listed as endangered and state listed as threatened) and the American badger (California Species of Special Concern and a rare species under CEQA) are highly mobile species with large home ranges that potentially would be impacted by the Project. Although no SJKF or badgers were observed in suitable habitat onsite during recent protocol surveys, a SJKF was observed on the Project site in 1991, and the Project site contains potential SJKF and badger habitat. Con.struction and operation within these areas .could impact SJKF or badgers through direct injury or mortality and/or entombment in dens from construction equipment conducting earthwork if SJKF or badgers are found to be present onsite. Construction activities could also disrupt SJKF and badger foraging behaviors. These impacts would be significant. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 37 CEQA Findings Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: Mitigation Measures BIO-4 [Prepare and Implement Environmental Training Program], BIO-5 [Biological Construction Monitoring], and BIO-6 [Conduct Pre-construction Surveys]. See above for discussion of impacts associated with Kern mallow for text of Mitigation Measures BIO-4 and BIO-5, and see impacts associated with special-status reptiles for text of Mitigation Measure BIO-6. ■ Mitigation Measure B10-22: Implement Avoidance Measures for Natal San Joaquin Kit Fox or American Badger Dens If the Biological Clearance Survey results determine that known, active, or natal SJKF or badger dens will be impacted, then the following mitigation measures shall be implemented upon approval from USFWS and CDFW: a. A permanent minimum avoidance buffer using fencing or flagging shall be maintained as follows: i. At least 100 feet around den(s); ii. At least 200 feet around natal dens (in which young are reared); and iii. At least 500 feet around any natal dens with observed young (i.e., SJKF pups or badger kits) (except for any portions of the buffer zone that are already fully developed). b. Avoidance buffer zones shall be considered Environmentally Sensitive Areas (ESAs), and no construction activities are allowed within a buffer except as follows: If the work within the buffer area will not result in the destruction of the den, the den should be conserved. If the den is unoccupied (based on the required 4 consecutive days of monitoring), then the den can be covered in a secure manner to prevent access by SJKF or badgers while the work is being conducted. After the work is done, the den can be uncovered to allow use by SJKF or badgers. If the den is occupied and the SJKF/badger does not vacate the den, then a smaller buffer could be established, including a barricade to prevent the SJKF/badger from exiting the den and entering the work site. A qualified biologist shall monitor the den while the work is being conducted. The City shall be notified immediately via telephone or e-mail if any SJKF active dens, natal dens, or occupied atypical dens are discovered within or immediately adjacent to any proposed development footprint. The applicant shall coordinate with CDFW if any badger active dens, natal dens, or occupied atypical dens are discovered within or immediately adjacent to any proposed development footprint, and no City notice is required. BVWSD and RRBWSD shall bear the costs of implementing the SJKF/badger den avoidance requirements.'A reduced avoidance buffer may be authorized with regulatory agency approval. c. For active dens and potential dens that exhibit signs of SJKF use or characteristics suggestive of SJKF dens (including dens in natural substrate and i.n/under manmade structures) that cannot be avoided, and if, after 4 consecutive days of monitoring with tracking medium or infrared camera, September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 38 CEQA Findings a qualified biologist has determined that SJKF is not currently present, the den may be excavated. Natal dens shall not be excavated until the pups and adults have vacated and then only after consultation with the USFWS and CDFW. If the excavation process reveals evidence of current use by SJKF, then den excavation shall cease immediately and tracking or camera monitoring, as described above, shall be conducted/resumed. Excavation of the den may be completed when, in the judgment of a qualified biologist, the SJKF has escaped from the partially excavated den. SJKF dens shall be carefully excavated until it is certain no SJKF individuals are inside. Dens shall be fully excavated, filled with dirt, and compacted to ensure that SJKF cannot reenter or use the den during construction activities. If an individual SJKF does not vacate a den within the proposed construction footprint within a reasonable timeframe, BVWSD and RRBWSD shall coordinate with USFWS and CDFW and obtain written/email guidance from both agencies prior to proceeding with den excavation. BVWSD and RRBWSD shall bear the costs of implementing the SJKF den excavation requirements. d. For active dens and potential dens that exhibit signs of American badger use or characteristics suggestive of American badger dens, the same approach shall be used as outlined above, except BVWSD and RRBWSD shall coordinate with CDFW and obtain written/email guidance from CDFW prior to proceeding with den excavation; no USFWS coordination is required for American badger since it is not a federally protected species. ■ Mitigation Measure B10-23: If Active San Joaquin Kit Fox Dens are Present, Coordinate with USFWS and/or CDFW If active SJKF dens are detected onsite, BVWSD and RRBWSD shall coordinate with the USFWS and/or CDFW to obtain all necessary regulatory authorizations to facilitate FESA and/or CESA compliance, if required. This coordination may include, but may not be limited to: a. Acquisition of a State ITP for SJKF. b. Acquisition of SJKF conservation lands and/or bank credits .if required by CDFW, ■ Mitigation Measure B10-24: Implement Measures During Construction and Operation to Protect San Joaquin Kit Fox The following construction and ongoing operational requirements as included in the Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011) will be implemented: a. Project-related vehicles should observe a daytime speed limit of 20 mph throughout the site in all project areas, except on county roads and federal and state highways; this is particularly important at night when SJKF are most active. Nighttime construction should be minimized to the extent possible. However, if it does occur, then the speed limit should be reduced to 10 mph. Off-road traffic outside of designated project areas should be prohibited. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 39 CEQA Findings b. To prevent inadvertent entrapment of SJKF or other animals during the construction phase of a project, all excavated, steep-walled holes or trenches more than 2 feet deep should 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 should be thoroughly inspected for trapped animals. If at any time a trapped or injured SJKF is discovered, the USFWS and CDFW shall be contacted as noted under items (k) through (n) below. c. SJKF 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 should be thoroughly inspected for SJKF before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If SJKF are discovered inside a pipe, that section of pipe should not be moved until USFWS has been consulted. If necessary, and under the direct supervision of the biological monitor, the pipe may be moved only once to remove it from the path of construction activity, until the fox has escaped. d. All food-related trash items such as wrappers, cans, bottles, and food scraps should be disposed of in securely closed containers and removed at least once a week from a construction or project site. e. No firearms shall be allowed on the project site. f. No pets, such as dogs or cats, should be permitted on the project site to prevent harassment, mortality of SJKF, or destruction of dens. g. Use of rodenticides and herbicides in project areas should be restricted. This is necessary to prevent primary or secondary poisoning of SJKF and the depletion of prey populations on which they depend. All uses of such compounds should observe label and other restrictions mandated by USEPA, California Department of Food and Agriculture, and other federal and state legislation, as well as additional project-related restrictions deemed necessary by the USFWS. If rodent control must be conducted, zinc phosphide should be used because of a proven lower risk to SJKF. h. A representative shall be appointed by BVWSD and RRBWSD who will be the contact source for any employee or contractor who might inadvertently kill or injure a SJKF or who finds a dead, injured, or entrapped SJKF. The representative will be identified during the employee education program and their name and telephone number shall be provided to the USFWS. i. An employee education program should be conducted for any project that has anticipated impacts to SJKF or other endangered species. The program should consist of a brief September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 40 CEQA Findings presentation by persons knowledgeable in SJKF 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 should include the following: A description of the SJKF and its habitat needs; a report of the occurrence of SJKF in the project area; an explanation of the status of the species and its protection under the FESA and CESA; and a list of measures being taken to reduce impacts to the species during project construction and implementation. A fact sheet conveying this information should be prepared for distribution to the previously referenced people and anyone else who may enter the project site. j. Upon completion of the project, all areas subject to temporary ground disturbances, including storage and staging areas, temporary roads, pipeline corridors, etc., should 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 furth~r disturbance and has the potential to be revegetated. Appropriate methods and plant species used to revegetate such areas should be determined on a site-specific basis in consultation with USFWS, CDFW, and revegetation experts. k. In the case of trapped animals, escape ramps or structures should be installed immediately to allow the animal(s) to escape, or the USFWS should be contacted for guidance. I. Any contractor, employee, or military or agency personnel who are responsible for inadvertently killing or injuring an SJKF shall immediately report the incident to their representative. This representative shall contact CDFW immediately in the case of a dead, injured, or entrapped SJKF. m. USFWS and CDFW shall be notified in writing within 3 working days of the accidental death or injury to an SJKF during project-related activities. Notification must include the date, time, and location of the incident or of the finding of a dead or injured animal and any other pertinent information. n. New sightings of SJKF shall be reported to the CNDDB. A copy of the reporting form and a topographic map clearly marked with the location of where the SJKF was observed should also be provided to the USFWS. Rationale: BVWSD would implement BMPs 1 through 4 during construction and operations at the project site. These standard housekeeping measures would protect wildlife in the project area from being injured or otherwise harmed during construction and operation of the Proposed Project; however, they would not fully reduce impacts on these species to a less-than-significant level. Additional protective measures for special-status mammals would include, as described above, implementation of Mitigation Measures B10-4 and B10-5, which would further reduce impacts by ensuring September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 41 CEQA Findings that a qualified biologist prepares and conducts an environmental training program session prior to construction, and that a biological monitor would be present on-site to monitor construction activities and cleanup of hazardous materials. Additionally, implementation of Mitigation Measure BIO-6, also previously discussed, would ensure that a qualified biologist conducts preconstruction surveys for special- status species and implements avoidance buffers, if necessary. If preconstruction biological clearance survey results determine that SJKF or badger dens would be impacted, then avoidance measures for these species would be implemented through Mitigation Measures BIO-22, BIO-23, and BIO-24, which would further reduce impacts to SKJF and American badger, if they are present onsite. Mitigation Measures BIO-22 through BIO-24 would require avoidance measures, coordination with USFWS and CDFW, and protection measures'as included in the Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011). Implementation of these mitigation measures would ensure that impacts to SJKF and American badger would be less than significant with mitigation. Impact B10-2. Impacts to Sensitive Natural Communities Description of Significant Effect: Approximately 160 acres of chenopod scrub habitat, which is included on the CDFW California Natural Community List (CDFW 2020b) and considered sensitive under CEQA, could be impacted or otherwise permanently altered if percolation pond #24 remains a part of the Proposed Project footprint. This vegetation supports suitable shelter and foraging habitat for a variety of regional special-status species and, therefore, impacts to chenopod scrub would be significant. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: Mitigation Measures BIO-4 [Prepare and Implement Environmental Training Program], BIO-5 [Biological Construction Monitoring], BIO-19 [Avoid and Minimize Impacts to Chenopod Scrub]; and BIO-20 [Conduct Pre-Construction Surveys in Chenopod Scrub Habitat]. See above discussion of Kern mallow for text of Mitigation Measures BIO-4 and BIO-5, and discussion of special-status mammals for text of Mitigation Measures BIO-19 and BIO-20. Rationale: Implementation of Mitigation Measures BIO-4, BIO-5, BIO-19, and BIO-20 would reduce impacts to chenopod scrub habitat to less than significant with mitigation. C. Cultural Resources Impact CR-2. Impacts to Archaeological Resources Description of Significant Effect: The presence of known archaeological sites within the Proposed Project boundaries, coupled with geoarchaeological information, underscores the sensitivity of the area to contain buried Native American pre-contact archaeological remains. Even though the project will be designed to avoid known resources and will include a buffer around those areas, ground disturbance activities associated with Project construction have the potential to uncover archaeological remains, both Pre-contact Native American and historic era, that are eligible for listing on both the National and September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 42 CEQA Findings California historic resource indices (NRHP/CRHR). As a result, implementation of the Project could have a significant impact on archaeological resources. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: ■ Mitigation Measure CR-1: Conduct Preconstruction Cultural Resources Awareness Training and Construction Monitoring. A cultural resources awareness training program will be provided to all construction personnel active on the Project site during earth moving activities. The training will be provided prior to the initiation of ground disturbing activities, and as needed throughout the duration of project construction to ensure that all construction personnel receive the training. The training will be developed and conducted in coordination with a qualified archaeologist meeting the U.S. Secretary of Interior guidelines for professional archaeologists and a representative or representatives from culturally affiliated Native American tribe(s) who have participated in consultations with the City of Bakersfield (City). The program will include relevant information regarding sensitive cultural resources, including applicable regulations, protocols for avoidance, and consequences of violating State laws and regulations. The worker cultural resources awareness program will also describe appropriate avoidance and minimization measures for resources that have the potential to be located on the Project site and will outline what to do and whom to contact if any potential archaeological resources or artifacts are encountered. Furthermore, the program will underscore the requirement for confidentiality and culturally appropriate treatment of any finds of significance to Native Americans, consistent with Native American tribal values. All ground disturbing activities will be monitored by a qualified archaeologist meeting the U.S. Secretary of Interior guidelines for professional archaeologists and a representative from a culturally affiliated Native American tribe who has participated in consultations with the City on the Project. The Native American tribe will be provided at least seven days' notice prior to the initiation of ground disturbing activities. The archaeological monitor will record activities daily and a weekly summary will be provided to Buena Vista Water Storage District (BVWSD). A monitoring report will be prepared by the archaeological monitor at the end of excavation activities and submitted to BVWSD who, in-turn, shall provide a copy to the City. The Native American monitor will follow the documentation protocols defined by their tribe. If any cultural resources, including but not limited to structural features, bone or shell, flaked or ground stone artifacts, historic-era artifacts, human remains, or architectural remains, are encountered during any project construction activities, the archaeological monitor, in consultation with the Native American monitor, as appropriate, shall have the authority to stop work in the vicinity of the finds and implement the Unanticipated Discovery Plan and other actions identified in Mitigation Measure CR-2. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 43 CEQA Findings • Mitigation Measure CR-2: Prepare an Unanticipated Discovery Plan, Immediately Halt Construction if Cultural Resources Are Discovered, Evaluate All Identified Cultural Resources for Eligibility for Inclusion in the NRHP/CRHR, and Implement Appropriate Mitigation Measures for Eligible Resources. Prior to initiating construction, an Unanticipated Discovery Plan shall be developed by Buena Vista Water Storage District (BVWSD) and approved by the City in consultation with consulting tribes. The Unanticipated Discovery Plan will detail the protocols for monitoring, as well as for stopping work if buried resources are discovered during construction; the evaluation of discovered resources for NRHP/CRHR eligibility, as warranted; and the implementation of mitigation measures for eligible resources. Protocols for addressing the discovery of Native American ·archaeological resources and tribal cultural resources shall be prepared by BVWSD and approved by the City in consultation with culturally affiliated Native American tribes who have participated in consultations with the City on the Project. If any cultural resources, such as structural features, unusual amounts of bone or shell, flaked or ground stone artifacts, historic-era artifacts, human remains, or architectural remains, are encountered during any project construction activities, work shall be suspended immediately at the location of the find and within a radius of at least lO0feet and the City will be contacted. Tribal cultural resources will be treated in accordance with Mitigation Measure TGR-1. All cultural resources accidentally uncovered during construction within the project site shall be evaluated for eligibility for inclusion in the NRHP/CRHR. Resource evaluations will be conducted by individuals who meet the U.S. Secretary of the Interior's professional standards in archaeology, history, or architectural history, as appropriate. For finds that are of Native American concerns, local Native American tribes will be notified, if they have requested notification. If any of the resources meet the eligibility criteria identified in Pub. Res. Code Section 5024.1 or CEQA Section 21083.2(g), mitigation measures will be developed and implemented in accordance with CEQA Guidelines Section 15126.4(b) or 21083.2(b), respectively, before construction resumes. The disposition of materials related to tribal cultural resources and Native American burials will be determined according to Mitigation Measure TCR-1. The disposition of historic era artifacts will be outlined in the Unanticipated Discovery Plan. Rationale: Implementation of Mitigation Measures CR-1 and CR-2 will reduce potential impacts to archaeological resources by requiring worker awareness training, monitoring of all ground disturbances, preparation of an Unanticipated Discovery Plan, and work stoppage in order to evaluate unanticipated finds for CRHR/NRHP eligibility. Implementation of Mitigation Measures CR-1 and CR-2 would reduce impacts related to currently unknown archaeological resources to a level that is less than significant with mitigation. Impact CR-3. Disturbance of Any Human Remains, Including Those Interred Outside of Formal Cemeteries September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 44 CEQA Findings Description of Significant Effect: Human remains are known to exist within the Proposed Project area; thus, the area is considered sensitive for the presence of human remains at unknown locations within the Project boundaries. Native American human remains are significant tribal cultural resources and are, therefore, significant resources under CEQA. As noted under Impact CR-2, ground-disturbing activities have the potential to uncover significant archaeological resources; these same actions would also have the potential to uncover human remains, which would be a significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: Mitigation Measure CR-1 [Conduct Preconstruction Cultural Resources Awareness Training and Construction Monitoring], MM CR-2 [Prepare an Unanticipated Discovery Plan relative to Cultural Resources] and the following mitigation measure: • Mitigation Measure CR-3: Comply with Required Response Protocol for the Unanticipated Discovery of Human Remains. Consistent with the California Health and Safety Code and the California Native American Historical, Cultural, and Sacred Sites Act, if suspected human remains are found during project construction, all work shall be halted within 100 feet of the finds, and the Kern County coroner shall be notified to determine the nature of the remains. The coroner shall examine all discoveries of suspected human remains within 48 hours of receiving notice of a discovery on private or State lands (Health and Safety Code Section 7050.S[b]). If the coroner determines that the remains are those of a Native American, they shall contact the NAHC by phone within 24 hours of making that determination (Health and Safety Code Section 7050[c]). The NAHC shall then assign a most likely descendant (MLD) to serve as the main point of Native American contact and consultation. Following the coroner'sfindings, the MLD, in consultation with the City, shall determine the ultimate treatment and disposition of the remains. Native American human remains and associated grave items, shall be reinterred at the location designated for reburial that will be determined through Project de~ign, as described in Chapter 2, Project Description. Rationale: Mitigation Measures CR-1 and CR-2, previously discussed, would reduce potential impacts to human remains during Project construction activities by providing worker awareness training for construction personnel, monitoring of all ground disturbance activities, preparing an Unanticipated Discovery Plan, and stopping work when sites are discovered during construction. Implementation of Mitigation Measure CR-2 would further reduce impacts by requiring that the specific requirements of Health and Safety Code Section 7050 regarding the discovery of Native American human remains are followed. With implementation of these measures, impacts to human remains would be less than significant with mitigation. D. Geology. Soils. and Seismicity Impact GE0-6. Impacts to Paleontological or Unique Geologic Sites or Features September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 45 CEQA Findings Description of Significant Effect: While no paleontological resources are known to exist at the Project site, given the proximity of important fossil discoveries previously made near the project area, the potential exists for fossils to occur in soils underlying the Proposed Project site or for construction-related activities to encounter geological rock units, which would be a significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measure: ■ Mitigation Measure GE0-1: Halt Construction if Paleontological Resources Are Discovered, Evaluate Discoveries for Uniqueness, and Implement Appropriate Mitigation Measures for Unique Resources. BVWSD and RRBWSD and their contractors shall implement the following procedures if paleontological resources are discovered during construction activities: ■ Stop work immediately within 50 feet. ■ Contact BVWSD and the City immediately. ■ Protect the site from further impacts, including looting, erosion, or other human or natural damage. ■ A paleontological resources principal investigator who meets the standards set forth by the Society of Vertebrate Paleontology will be retained to evaluate the discovery and make a recommendation to BVWSD and the City as to whether or not it is a unique paleontological resource. ■ If the resource is not a unique paleontological resource, then it will be documented appropriately, and no further measures will be required. ■ If the resource is a unique paleontological resource, the principal investigator, in consultation with BVWSD, will recommend resource-specific measures to protect and document the paleontological resource, such as photo documentation and avoidance or collection. ■ If collection is necessary, the fossil material will be properly prepared in accordance with Society of Vertebrate Paleontology guidelines and/or curation at a recognized museum repository. Appropriate documentation will be included with all curated materials. Rationale: Implementation of Mitigation Measure GE0-1 would require BVWSD and RRBWSD or their contractors to stop construction and appropriately investigate any inadvertent paleontological discoveries. Therefore, the potential for the Proposed Project to directly or indirectly destroy a unique paleontological resource would be reduced to less than significant with mitigation. E. Hazards and Hazardous Materials Impact HAZ-1. Impacts Via Routine Transport, Use, or Disposal of Hazardous Materials. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 46 CEQA Findings Description of Significant Effect: Once operational, the Proposed Project may require the use of insect control measures for mosquito abatement in the percolation basins. Airborne insects may pose a risk to human health and related abatement methods could potentially affect groundwater quality, which would be a significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: ■ Mitigation Measure HAZ-1: Abatement of Airborne Insects. BVWSD shall coordinate with Kern County Department of Public Health and the Kern Mosquito and Vector Control District to ensure application of appropriate insect control measures that utilize abatement methods appropriate for recharge basins, such that groundwater quality is also protected. Appropriate measures may include maintaining water quality in recharge ponds to avoid creating breeding habitat for airborne insects; adding mosquito fish or a USE PA-registered bacterial larvicide to eliminate mosquito larvae; and other integrated pest management measures. BVWSD and RRBWSD will implement such measures as required. Rationale: Implementation of the identified Mitigation Measure HAZ-1 would reduce potential impacts associated with the use of airborne insect abatement methods to less than significant because HAZ-1 requires coordination with applicable health officials to ensure appropriate insect control measures are in place to protect groundwater. Impact HAZ-2. Significant Hazard Through Potential Exposure of Construction Workers to Existing On-Site Hazardous Materials. Description of Significant Effect: An environmental site assessment conducted on the site of the Proposed Project found that small quantities of hazardous substances were observed on the site during site reconnaissance, including corrosive inhibitor chemicals near some of the active oil wells located within and near the site. The assessment also determined that volatile components of crude oil may be present in soil vapor beneath the project site, that contamination of groundwater in the areas of former sumps/reservoirs is possible, and because the site previously may have been used for agriculture, residual concentrations of agricultural chemicals could persist in the soils at the site. Construction activities associated with the Proposed Project, including demolition, clearing, grubbing, grading, and soil excavation, have the potential to come into contact with existing sources of soil contamination if any are present. If contamination is present, then soil excavation activities could have the potential to expose construction workers to existing on-site hazardous materials. The hazard risk would increase if contaminated excavated soil materials are spilled accidentally or otherwise placed or disposed in an erratic or unplanned matter that threatens workers. Such a situation would result in a significant impact. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 47 CEQA Findings Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: ■ Mitigation Measure HAZ-2: Collection of Soil Samples. Prior to commencement of Project construction, BVWSD, RRBWSD, and/or their contractors shall collect representative samples of soil from the project site. Soil samples should be collected every 1,000 cubic yards of excavated/moved earth from all areas where current and historic oil wells are located as well as all areas where ASTs, oilfield features, sump/reservoirs, and crude oil pipelines are mapped/depicted. Collected soil samples should be tested for total petroleum hydrocarbons in the gasoline (TPHg), diesel fuel (TPHd), and motor oil (TPHm) ranges, and if present, the extent of contamination should be defined both laterally and vertically. If concentrations of TPH are found exceeding regulatory thresholds, they should be removed from the site under regulatory oversight and disposed offsite in accordance with applicable rules and regulations. See Response to Comment D-16, incorporated by reference herein. ■ Mitigation Measure HAZ-3: Management of Unknown Hazardous Materials. If hazardous materials, wastes, or suspected soil contamination is encountered during construction of the Proposed Project, project activities in that area shall stop until appropriate health and safety procedures are implemented. BVWSD, RRBWSD, and/or their contractors shall be required to conduct an investigation to determine the composition of the encountered material, including sampling by an OSHA-trained individual and testing at a certified laboratory. In the event that soils to be excavated are found to be contaminated, the excavated soil shall be treated as hazardous materials and properly managed, removed, reported, and disposed of in compliance with state and federal regulations. Workers will be provided with adequate personal protective equipment to prevent unsafe exposure during handling and disposal. Effective dust suppression procedures will be used in the immediate construction area to reduce airborne emissions of contaminants and reduce the risk of exposure to workers and the public. Rationale: Implementation of Mitigation Measures HAZ-2 And HAZ-3 would reduce impacts related to the potential exposure of construction workers to existing on-site hazardous materials to less than significant. F. Tribal Cultural Resources Impact TCR-1. Impacts to Tribal Cultural Resources as defined in California Public Resources Code Sections 21074 or 5024.l(c) Description of Significant Effect: The Project area has the potential to contain buried archaeological sites and is classified as having Very High sensitivity for subsurface sites. As a result, despite the City's commitment to avoid known tribal cultural resources through project design, undetected buried archaeological resources, including human remains that are also tribal cultural resources, could be September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 48 CEQA Findings discovered during project construction activities. Impacts to tribal cultural resources due to ground disturbing construction activities would be a significant impact. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: Mitigation Measures CR-1 [Conduct Preconstruction Cultural Resources Awareness Training and Construction Monitoring], CR-2 [Prepare an Unanticipated Discovery Plan relative to Cultural Resources], CR-3 [Comply with Required Response Protocol for the Unanticipated Discovery of Human Remains], and the following mitigation measure: • Mitigation Measure TCR-1: Implement Mitigation Measures Recommended in Public Resources Code Section 21084.3 to Avoid Damaging Effects on Tribal Cultural Resources. Public Resources Code Section 21084.3 identifies the following treatments as possible mitigation measures of significant impacts to tribal cultural resources: {1) Avoidance and preservation of the resources in place, including, but not limited to, planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. (2) Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning ofthe resource, including, but not limited to~ the following: (A) Protecting the cultural character and integrity of the resource. (B) Protecting the traditional use of the resource. (C) Protecting the confidentiality of the resource. (3) Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. The City shall consider application of these measures, in consultation with consulting tribes, for the treatment of any tribal cultural resources discovered during project construction. The City and the tribes shall collaborate on determining and implementing the appropriate treatment. Rationale: Mitigation measure CR-1 requires monitoring of all construction-related ground disturbance by a representative from a culturally affiliated Native American tribe and a qualified archaeologist. Mitigation measure CR-2 requires preparation and implementation of an Unanticipated Discovery Plan in consultation with consulting tribes. Mitigation measure CR-3 requires that work stop if human remains are discovered and that the requirements of Health and Safety Code section 7050 be followed. Mitigation measure TCR-1 would ensure protection of tribal cultural resources in accordance with California law. Taken together, these mitigation measures would reduce potential impacts to tribal cultural resources to less than significant. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 49 CEQA Findings G. Utilities and Service Systems Impact UTL-3. Impair the Attainment of Solid Waste Reduction Goals. Description of Significant Effect: Construction of the Proposed Project involves the demolition and removal of existing features on the site, including all remaining aboveground infrastructure components from the McAllister Ranch development project (e.g., street pavement, curbs, sidewalks, and the foundation of a burned building). Approximately 70-100 truckloads of steel rebar, plastic, and conduit would be disposed of offsite. Although the nearest landfill, Bena, has sufficient capacity to accommodate this amount of disposal, CALGreen requires that contractors and developers reuse and recycle 65 percent of construction and demolition waste. In addition, local policies encourage recycling and waste reduction where possible. Therefore, the impact of construction-generated solid waste disposal would be potentially significant. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measure: ■ Mitigation Measure UTL-1: Comply with CALGreen Waste Diversion Requirements to the Extent Feasible. BVWSD and RRBWSD or their contractors shall comply with the following CALGreen waste diversion requirements to the extent feasible, recognizing that the requirements are targeted primarily at residential and commercial projects: ■ Submit a Construction Waste Management Plan prior to construction for approval by the City Building Department. ■ Recycle and/or reuse a minimum of 65 percent of construction and demolition waste. ■ Recycle or Reuse 100 percent of tree stumps, rocks, and associated vegetation and soils resulting from land clearing. Rationale: The City and the County have programs to assist contractors and businesses in meeting waste reduction goals. Mitigation measure UTL-1 would require BVWSD and RRBWSD or their contractors to comply with CALGreen construction waste diversion requirements to the extent feasible. With implementation of Mitigation Measure UTL-1, the Proposed Project would comply with waste reduction goals and impacts would be less than significant. Impact UTL-4. Compliance with Management and Reduction Requirements Related to Solid Waste. Description of Significant Effect: As' previously noted, construction-related impacts associated with solid waste diversion would be mitigated to a less than significant level with implementation of Mitigation Measure UTL-1, which requires compliance with CALGreen waste diversion requirements. Operation of the Proposed Project would generate minimal domestic waste through occupancy by 1-2 employees during period of active operation. Therefore, while operation of the Proposed Project would generate September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 50 CEQA Findings minimal domestic waste, because project construction operations potentially would not meet waste diversion requirements, impacts associated with solid waste management and reduction requirements are considered potentially significant. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measure: Mitigation Measure UTL-1 [Comply with CALGreen Waste Diversion Requirements to the Extent Feasible]. See, above, for text of MM-UTL-1. Rationale: By requiring compliance with CALGreen waste diversion requirements, implementation of Mitigation Measure UTL-1 would reduce potential impacts related to federal, state, and local management and reduction statutes and regulations related to solid waste to less than significant with mitigation. H. Cumulative Impacts Impact CUM-1. Effects on Biological Resources. Description of Significant Effect: The Proposed Project would have significant impacts on multiple special- status plant and wildlife species and sensitive natural communities, including 160 acres of chenopod scrub. Mitigation Measures 810-1 through 810-13 and 810-23 through 810-25, identified above, include a Kern mallow avoidance buffer, take authorization from USFWS if applicable, and avoidance of chenopod scrub to the extent feasible. Implementation of these measures would reduce the identified impacts to less than significant. Identified cumulative projects would involve ground disturbance to construct groundwater recharge ponds. Because many of these projects are in the same types of habitat as the Proposed Project, the potential exists for similar impacts on biological resources to result. The loss of multiple special-status plant and wildlife species and sensitive natural communities would be a significant cumulative impact. The Proposed Project would mitigate impacts on special-status species and sensitive natural communities and obtain take authorization if applicable, ensuring that impacts on these species would be less than significant with mitigation. Therefore, with mitigation, the Proposed Project would not contribute substantially to the significant cumulative impact on biological resources. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: Mitigation Measures 810-1 [Conduct a Preconstruction Survey for Kern Mallow], 810-2 [Implement Kern Mallow Avoidance Buffers], 810-3 [Compliance with USFWS ITP/HCP Requirements, if Applicable], 810-4 [Prepare and Implement Environmental Training Program], 810-5 [Biological Construction Monitoring], 810-6 [Conduct Pre-Construction Biological Surveys], 810-7 [Develop and Implement Measures to Avoid Take of Blunt-nosed Leopard Lizard], 810-8 [Avoid or Relocate Special- Status Reptiles], 810-9 [Prepare a Special-Status Species Relocation Plan], 810-10 [Conduct Pre- Construction Surveys for Swainson's Hawk], 810-11 [Establish Buffers to Avoid or Minimize Impacts on September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 51 CEQA Findings Swainson's Hawk], BIO-12 [Swainson's Hawk Take Authorization], BIO-13 [Conduct Pre-Construction Surveys for Burrowing Owl], BIO-22 [Implement Avoidance Measures for Natal San Joaquin Kit Fox or American Badger Dens], BIO-23 [If Active San Joaquin Kit Fox Dens are Present, Coordinate with USFWS and/or CDFW], and BIO-24 [Implement Measures During Construction and Operation to Protect San Joaquin Kit Fox]. See discussion, above, for text of mitigation measures. Rationale: The Proposed Project would mitigate impacts on special-status species and sensitive natural communities and obtain take authorization if applicable, ensuring that impacts on these species would be less than significant with mitigation. Impact CUM-2. Effects on Cultural and Tribal Cultural Resources. Description of Significant Effect: Four Native American pre-contact archaeological sites are located within the Proposed Project site boundaries. The City and BVWSD are committed to work with the tribes to protect the sites through a Project design that avoids affecting the areas with sensitive tribal resources. Prior to advancing design plans, the City shall retain a qualified archaeologist to work with the tribes to accurately map the boundaries of the known resources. Following site delineation, the City will then discuss with the tribes potential design elements to protect the sites, and provide the tribes the opportunity to discuss and review the construction design plans at 60 percent completion and 90 percent completion to ensure that the resources are avoided or treated appropriately. The design plans shall also designate a protected area within the Project limits that will be used to reinter any Native American human remains and associated grave _items that may be discovered during construction. In addition, implementation of Mitigation Measures CR-1, CR-2, and CR-3 would require preconstruction cultural resources awareness training and construction monitoring, as well as preparation of an unanticipated discovery plan for artifacts, resources, and human remains. Implementation of these measures would reduce these impacts to less than significant. Finding: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Mitigation Measures: Mitigation Measures CR-1 [Conduct Preconstruction Cultural Resources Awareness Training and Construction Monitoring], CR-2 [Prepare an Unanticipated Discovery Plan relative to Cultural Resources], CR-3 [Comply with Required Response Protocol for the Unanticipated Discovery of Human Remains], and TCR-1 [Implement Mitigation Measures Recommended in Public Resources Code Section 21084.3 to Avoid Damaging Effects on Tribal Cultural Resources]. See discussion, above, for text of mitigation measures. Rationale: Identified cumulative projects located in the vicinity of the Proposed Project would likely be sensitive to the presence of archaeological and/or historic resources. The potential exists for unanticipated discovery of artifacts and resources during excavation activities. These projects would be required under CEQA to implement similar mitigation measures to the Proposed Project, thereby reducing impacts to a level that would be less than significant with mitigation. Therefore, with mitigation, the September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 52 CEQA Findings Proposed Project would not contribute substantially to a significant cumulative impact on cultural or tribal cultural resources. VI. FINDINGS REGARDING ALTERNATIVES Section 15126.G(a) of the CEQA Guidelines requires the discussion of "a reasonable range of alternatives to a project, or the location of a project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." Three alternatives, including the No Project (No Build) Alternative, were analyzed in detail in the FEIR, Chapter 19, Alternatives Analysis: Alternative: No Project Alternative Alternative 1:Reduced Pumping Alternative Alternative 2:Reduced Recharge Area Alternative These alternatives are evaluated for their ability to avoid or substantially lessen the impacts of the project identified in the FEIR, as well as consideration of their ability to meet the basic objectives of the project as described in the FEIR, Chapter 2, Project Description, and above. For the reasons set forth below, and in light of the analysis presented in the EIR at Chapter 19, Alternatives Analysis, the environmentally superior alternative is Alternative 2, Reduced Recharge Area Alternative. However, while this alternative would achieve most of the Proposed Project's objectives, it would do so at a reduced performance level. Removing Basin 24 from the project area would reduce the amount of water stored in the groundwater aquifer and could, during dry or multiple-dry years, reduce the amount of water available for recovery. The No Project Alternative would not achieve any of the _Proposed Project's objectives as it would forego the opportunities to: support achieving groundwater sustainability within the Kern County Sub-basin; provide ecosystem public benefits and water supply benefits for agricultural and M&I uses; and, reduce BVWSD's and RRBWSD's dependence on the California Delta by storing water locally in the groundwater aquifer for later extraction and use. Alternative 1 would meet most, but not all, of the project objectives, though at a reduced level of performance compared to the Proposed Project. Limiting recovery during very low groundwater conditions would reduce the project's ability to increase operating flexibility for BVWSD's and RRBWSD's existing and future Conjunctive Use Programs. However, operations would remain unchanged during most years. Therefore, while each alternative has benefits, none of the alternatives is superior to the project when balancing the avoidance of environmental impacts, the project benefits, and policy considerations. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 53 CEQA Findings A. Conveyance Route Alternatives Considered During development of the Proposed Project, the project engineering team evaluated four possible conveyance routes (i.e., options) to bring water to the project site. Option 2 was ultimately selected on the basis of design, land ownership, topographic, environmental, and engineering considerations. A brief explanation of each option and the reasons for their dismissal are provided below. Option 1. Central Option with Connection to James Canal: Option 1 would involve constructing a new canal from the Basin 2 headgate of the City's 2800 Acre facility that would travel south to join the James Canal, which passes through the project site in a north-south direction and conveys water to the Kern .water Bank south of the project site. This option would require new construction and would also affect the existing canal, which would require widening, new turnouts, culvert crossings, and siphons. The option would deliver water to lower elevation basins of the project; therefore, pumping would be required to move water to the higher elevation basins of the project. This option was dismissed because of the additional impacts associated with modifying the existing James Canal and the environmental impact associated with energy use from pumping. Option 2. East Alignment Along Pioneer Project: Option 2 would involve construction of a new turnout at the Basin 1 headgate leading to a new canal that would follow along the east side of the Pioneer Project property to the east side of the project site. This option to convey water from the City's 2800 Acre facility to the Proposed Project is the most efficient in terms of alignment and gravity flow, and requires the least impactful amount of constru.ction or energy use compared to the other options. Option 3. Reconstruct the James Canal from the River to the Delivery Point: Option 3 would involve constructing a new turnout west of the Basin 1 headgate leading to a new canal that would travel southeast through the Pioneer Project property to join the James Canal, which passes through the project site in a north-south direction and conveys water to the Kern Water Bank south of the project site. This option would require new construction and also affect the existing canal, which would require widening, new turnouts, culvert crossings, and siphons. The option would deliver water to lower elevation basins of the project; therefore, pumping would be required to move water to the higher elevation basins of the project. This option was dismissed because of the greater construction impacts and impacts to the existing James Canal and the environmental impact associated with energy use from pumping. Option 4. Serve McAllister Independent of Pioneer Project: Option 4 would involve constructing a new canal from the Basin 2 headgate, from which water would pass through Basin 3 in a dredged channel l~ading to Basin 4, reaching the northwest tip of the project site at the south side of the Kern River Canal. This option would require new construction, which would require widening, new turnouts, culvert crossings, and siphons. This option would deliver water to the lowest elevation basin of the project; therefore, intensive pumping would be required to move water to the higher elevation basins of the project. This option was dismissed because of the September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 54 CEQA Findings extensive construction impacts and the least efficient design in terms of alignment, gravity flow, and energy requirements. In addition, alternatives were recommended in comments to the Draft EIR. The City has considered these alternatives and rejects each as infeasible and unnecessary to informed decision-making and public consideration where the EIR discusses a reasonable range of alternatives. CEQA Guidelines Section 15126.6{a) only requires that an EIR "describe a range of reasonable alternatives to the proposed project, or to the location of the project that would feasibly attain most of the basic objectives but would avoid or substantially lessen any of the significant environmental effects of the project, and evaluate the comparative merits of the alternatives." Section 15126.6(a) also provides that an EIR need not consider every conceivable alternative to a project; rather, an EIR must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. Accordingly, the Draft EIR presented the three alternatives listed above, and also considered and rejected three separate conveyance alternatives. Thus, the Draft EIR considered a number of alternatives; and City staff determined that those alternatives represented a reasonable range of alternatives to the Proposed Project. B. EIR Alternative: No Project (No Build) 1. Description Under the No Project (No Build) Alternative, BVWSD and RRBWSD would not construct groundwater recharge ponds, a conveyance pipeline to carry water from the City's 2800 Acre Facility to the site, or build infrastructure required to operate a groundwater recharge facility at the site of the previously approved McAllister Ranch Specific Plan Area. The existing, derelict improvements to the site would remain in place. The general plan and zoning approvals for the existing specific plan would remain in effect, although there are no current or foreseeable plans or known project proponents who are considering development of the site. 2. Finding The City rejects the No Project (No Build) Alternative, as undesirable and infeasible as it fails to satisfy the project's underlying purpose and fails to meet the project objectives. Therefore, the No Project (No Build) Alternative is rejected because specific economic, legal, social, technological or other considerations make the alternative infeasible. 3. Facts in Support of Finding Under the No Project Alternative, all of the impacts associated with the construction and operation of the Proposed Project would be avoided. No temporary construction-related impacts or long-term operational impacts would result, including beneficial impacts on groundwater levels. The potential for impacts on biological resources and cultural/tribal cultural resources would be eliminated; however, significant Native American sites in the project area would remain unprotected and would continue to be subject to vandalism. The bicycle path planned for construction as part of the Proposed Project would not be built, Se tember 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 55 CEQA Findings delaying connection from the western portion of Bakersfield to the Kern River Parkway. The No Project Alternative would retain approximately 9,000 housing units identified in the City's RHNA allocation, although no project proponent is currently considering development of those units. Most notably, the No Project Alternative would not increase water supply reliability in the area, increase operating flexibility for BVWSD's and RRBWSD's existing and future Conjunctive Use Programs, or assist in achieving the sustainability goals of the Kern River Groundwater Sustainability Agency and other regional water districts. The No Project Alternative would not meet any of the purposes or objectives of the Proposed Project. For these reasons and others detailed in the record before the City, the City rejects the No Project (No Build) Alternative as both undesirable and infeasible. C. EIR Alternative 1: Reduced Pumping Alternative 1. Description of Alternative Alternative 1 would involve a modified schedule of groundwater pumping for the Proposed Project that would allow a larger percentage of stored groundwater to remain within the aquifer. Hydrologic modeling indicated that there is some potential for the Proposed Project to have adverse effects during very low groundwater conditions. Groundwater pumping drawdown, relative to the baseline condition, would be greatest in the west central part of the project area. Maximum groundwater drawdown in project wells is predicted to be as high as approximately SO feet in the shallow/intermed.iate aquif~r and up to 60 feet in the deep aquifer. Maximum pumping interference in the nearest non-project wells occurs in the deep aquifer and is predicted to range from approximately 13 to 29 feet. Alternative 1 would place additional restrictions on the timing and amount of groundwater recovery to avoid or reduce pumping interference in non-project wells to 10-15 feet or less. 2. Finding The City rejects Alternative 1, Reduced Pumping Alternative, as undesirable and infeasible as it fails to satisfy the project's underlying purpose and fails to meet the project objectives. Therefore, Alternative 1, the Reduced Pumping Alternative is rejected because specific economic, legal, social, technological or other considerations make the alternative infeasible. 3. Facts in Support of Finding Implementing Alternative 1 would meet most, but not all, of the project objectives, though at a reduced level of performance compared to the Proposed Project. Limiting recovery during very low groundwater conditions would reduce the project's ability to increase operating flexibility for BVWSD's and RRBWSD's existing and future Conjunctive Use Programs. However, operations would remain unchanged during most years. With respect to the Alternative l's impacts on the environment, impacts of Alternative 1 would be similar to those of the Proposed Project relative to Air Quality, Biological Resources, Cultural Resources/Tribal Resources, Energy, Geology/Soils/Seismicity, Greenhouse Gas Emissions, Hazards and Hazardous September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 56 CEQA Findings Materials, Land Use, Noise, Population and Housing, Public Services, Recreation, and Utilities/Service Systems. As to Hydrology and Water Quality, Alternative 1 would be subject to the same water quality and stormwater regulations as the Proposed Project; therefore, impacts related to surface water and groundwater quality would be similar. Adjusting the timing and frequency of pumping in very low groundwater conditions would reduce the level of pumping interference in the nearest non-project wells occurring in the deep aquifer, although this would require reduced pumping, which would also reduce the benefit of the Proposed Project for water supply in times of scarcity. Mitigation measures would reduce the potential for significant impacts to less than significant. For these reasons, the City rejects Alternative 1, Reduced Pumping Alternative, as both undesirable and infeasible. D. EIR Alternative 2: Reduced Recharge Area Alternative 1. Description of Alternative Alternative 2 would reduce the area operated as part of the Proposed Project from 2,070 acres to 1,910 acres by removing Basin 24 (measuring approximately 160 acres) from the project area. This area would be fenced off to separate it from the remaining groundwater recharge area. No project-related activities would take place within this area. The loss of this area would eliminate approximately 41.4 cfs of recharge capacity, which would reduce the overall recharge capacity of the Proposed Project by approximately 8 percent, from 488 cfs to 446.6 cfs. 2. Finding The City rejects Alternative 2, the Reduced Recharge Area Alternative, as undesirable and infeasible as it fails to satisfy the project's underlying purpose and fails to meet the project objectives. Therefore, Alternative 2 is rejected because specific economic, legal, social, technological or other considerations make the alternative infeasible. 3. Facts in Support of Finding Implementing Alternative 2 would meet most of the project objectives, albeit at a reduced level of performance compared to the Proposed Project. Removing Basin 24 from the project area would reduce the amount of water stored in the groundwater aquifer and could, during dry or multiple-dry years, reduce the amount of water available for recovery. With respect to Alternative 2's impacts on the environment, impacts of Alternative 2 would be similar to those of the Proposed Project relative to Air Quality, Energy, Geology/Soils/Seismicity, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Land Use, Noise, Population and Housing, Public Services, Recreation, and Utilities/Service Systems. Impacts of Alternative 2 would be reduced from those of the Proposed Project relative to Biological Resources and Cultural Resources/Tribal Cultural Resources. As to Biological Resources, avoiding September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 57 CEQA Findings operations at Basin 24 would eliminate the potential for impacts on chenopod scrub habitat and the multiple special-status plant and wildlife species found there. Although the Proposed Project would include mitigation to reduce impacts to less than significant, avoiding the impact altogether would be preferable. As to Cultural Resources/Tribal Cultural Resources, avoiding operations at Basin 24 would eliminate the potential for impacts on significant cultural and tribal cultural resources. Although the Proposed Project would include mitigation to reduce impacts to less than significant, avoiding the impact altogether would be preferable. As to Hydrology and Water Quality, Alternative 2 would be subject to the same water quality and stormwater regulations as the Proposed Project; therefore, impacts related to surface water and groundwater quality would be similar. Reducing the area available for recharge and recovery would result in a reduction of approximately 8 percent in the amount of water stored in the groundwater aquifer and could, during dry or multiple-dry years, reduce the amount of water available for recovery. Thus, for each of these reasons, the City rejects Alternative 2, Reduced Recharge Area Alternative, as both undesirable and infeasible. VII. OTHER CEQA CONSIDERATIONS A. Significant and Unavoidable Impacts Section 15126.2(b) of the CEQA Guidelines requires and EIR to describe any significant impacts that cannot be mitigated to a less-than-significant level. Based on the analysis presented in Chapters 4-18 of the EIR, all of the impacts associated with the Proposed Project would be reduced to a less-than-significant level through implementation of the identified mitigation measures. No impacts have been identified as significant and unavoidable. B. Significant Irreversible Environmental Changes Sections 15126.2(c} of the CEQA Guidelines requires that an EIR identify significant irreversible environmental changes that would be caused by the Proposed Project. These changes may include, for example, uses of non-renewable resources or provision of access to previously inaccessible areas, as well as project accidents that could result in permanent, long-term changes. Construction of the Proposed Project would require a permanent, minor commitment of natural resources resulting from the direct consumption of fossil fuels, construction materials, and energy required for the production of materials. Operation of the Proposed Project would allow for the recharge of groundwater in the San Joaquin Valley Groundwater Basin, Kern County Subbasin, thereby increasing the reliability of groundwater availability. This would constitute a beneficial change in the environment. Furthermore, operation of the Proposed Project would not require the future use of non-renewable resources beyond fuel and equipment needed for routine operation and maintenance activities. Therefore, the primary and secondary impacts resulting from operation of the Proposed Project would be less than significant. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 58 CEQA Findings Accidental release of hazardous materials could trigger irreversible environmental damage. As discussed in the EIR, construction would involve various ground-disturbing activities and operation of heavy equipment, which could loosen soils, thereby allowing for subsequent precipitation events to erode and transport the soils/sediment off-site. Additionally, much of the equipment used in project construction and operation would contain small amounts of hazardous materials (e.g., fuel, oil, lubricant). If improperly handled or managed, these hazardous materials could leak or be spilled. Then, the materials could either be washed off-site to receiving waters or infiltrate into groundwater, potentially resulting in violations of water quality standards. However, the Proposed Project would be required to obtain coverage under the Construction General Permit, which requires preparation and implementation of a SWPPP. The SWPPP would include good site housekeeping measures for proper storage and management of hazardous materials, as well as spill prevention, control, and counter-measures. Implementation of the SWPPP would greatly reduce. the potential for Proposed Project construction activities to result in accidental releases of hazardous materials. Considering the types and relatively minimal quantities of hazardous materials that would be used for the Proposed Project and the spill response plans and other procedures that would be required by the SWPPP, accidental release is unlikely. As a result, significant irreversible environmental changes from accidental releases are not expected. C. Growth Inducement CEQA Guidelines Sections 15126(d) and 15126.2(d) require an EIR to include a detailed statement of a proposed project's anticipated growth-inducing impacts. The analysis of growth-inducing impacts must discuss the ways in which a proposed project could foster economic or population growth or the construction of additional housing in the surrounding environment. The analysis must also address project-related actions that would remove existing obstacles to population growth, tax existing community service facilities, and require construction of new facilities that cause significant environmental effects or encourage or facilitate other activities that could, individually or cumulatively, significantly affect the environment. A project would be considered growth inducing if it induces growth directly (through the construction of new housing or increasing population) or indirectly (increasing employment opportunities or eliminating existing constraints on development). Under CEQA, growth is not assumed to be either beneficial or detrimental. As discussed in FEIR Chapter 14, Population and Housing, the Proposed Project would not increase the need for new homes or businesses; therefore, it would not directly in.duce substantial population growth. The Proposed Project, on its own, would not extend water supply service to new areas such that it would indirectly induce population growth. However, the Proposed Project would increase groundwater storage in the Kern River Subbasin up to 200,000 AF. It is anticipated that up to 56,000 AF of stored water could be extracted from the aquifer in any given year. Following completion of the Proposed Project, BVWSD and RRBWSD would be able to provide recovered water to their landowners and customers, among others, for beneficial uses, including irrigation and municipal and industrial uses. September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 59 r ... CEQA Findings Furthermore, construction-related jobs would be short-term and would be anticipated to draw from the existing workforce. The Proposed Project would not displace any existing housing units or persons, or create any housing units. The small amount of job growth associated with the Proposed Project's operation is not anticipated to generate sufficient economic activity such that it would result in substantial population growth. Therefore, the Proposed Project would improve the reliability with which BVWSD and RRBWSD could accommodate beneficial uses of water. D. Environmental Effects Determined Not Significant and Screened Out from EIR Analysis CEQA Guidelines Section 15128 requires an EIR to contain a brief statement indicating reasons that various possible significant effects of a project were determined not to be significant and therefore are not discussed in detail in the EIR. Through the NOP/IS, the City identified the following subject areas where impacts will clearly be less than significant and, therefore, these environmental factors were not addressed in the EIR: Aesthetics, Agriculture/Forestry Resources, and Wildfire. VIII. GENERAL CEQA FINDINGS A. Mitigation Monitoring and Reporting Program 1. General Finding Pursuant to Section 2108f6 of the Public Resources Code, the City, in adopting these Findings, also adopts the MMRP for the McAllister Ranch Groundwater Banking Project. The MMRP is designed to ensure that, during project implementation, the City and other responsible parties will comply with the mitigation measures adopted in these Findings. The City hereby binds itself to cause the various feasible mitigation measures to be implemented in accordance with the FEIR and MMRP. The mitigation measures constitute a binding set of obligations upon the City's certification and approvals identified herein. The City hereby finds that the MMRP, which is incorporated into the project conditions of approval, meets the requirements of Public Resources Code Section 21081.6 by providing for the implementation and monitoring of project conditions intended to mitigate potential environmental effects of the project. 2. Regulatory Compliance Federal, state, regional, and local laws contain certain regulatory compliance measures that must be adhered to in implementing the project. The FEIR describes the regulatory setting within each chapter, which includes the details of regulatory compliance measures. Where regulatory compliance measures are required by law, the City has not separately proposed or adopted mitigation requiring regulatory compliance (as it would be declaratory of existing law). Nonetheless, the City finds that the project must comply with all applicable regulatory compliance measures. B. CEQA Guidelines Sections 1S091 And 1S092 Findings Based on the foregoing findings and the information contained in the administrative record, the City has made one or more of the following findings with respect to each of the significant effects of the project: September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 60 CEQA Findings 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and 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 considerations for the provision of employment opportunities for highly-trained workers, make infeasible the mitigation measures or alternatives identified in the FEIR. Based on the foregoing findings and the information contained in the administrative record, and as conditioned by the foregoing: All significant effects on the environment due to the project have been eliminated. C. City's Preparation of the EIR Pursuant to CEQA Guidelines Section 15084(d) CEQA Guidelines section 15084(d} provides a lead agency may choose one of the following arrangements or a combination of them for preparing a draft EIR: (1) Preparing the draft EIR directly with its own staff. (2) Contracting with another entity, public or private, to prepare the draft EIR. (3) Accepting a draft prepared by the Applicant, a consultant retained by the Applicant, or any other person. (4) Executing a third party contract or memorandum of understanding with the Applicant to govern the preparation of a draft EIR by an independent contractor. (S} Using a previously prepared EIR. The City has relied on Section 15084(d}(4} of the CEQA Guidelines, which allows executing a third party contract or memorandum of understanding with the applicant to govern the preparation of a EIR by an independent contractor. Subject to specific responsibilities imposed on the project Applicant and EIR consultant, the City retains the sole right and discretion to determine the adequacy of performance of the EIR consultant, and to independently review and analyze all documentation for the project. In that context, the City allowed the project applicant to select and retain an EIR consultant to prepare the EIR submitted to the City for independent review. The City has reviewed, revised, and clarified, as necessary, the submitted working drafts of the EIR to ensure that both the Draft EIR, draft Final EIR, and FEIR reflect the City's own independent judgment, including reliance on City experienced, technical personnel from various City departments. D. City's Independent Judgment Before using a draft EIR prepared by another entity or through a third-party contractor, the City is required to subject the draft to its own review and analysis such that the draft EIR circulated for public review September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 61 CEQA Findings reflects the City's independent judgment (Public Resources Code Section 21082.l(c), CEQA Guidelines Section 15084(e).) The City must also certify the final EIR reflects its independent judgment (Public Resources Code Section 21082.1 (c), CEQA Guidelines Section 15090(a)(3), Friends of La Vina v. County of Los Angeles (1991) 232 Cal.App.3d 1446, 1455). The City extensively reviewed the Proposed Project, the Draft EIR, draft Final EIR, and FEIR and its analyses to ensure the EIR reflects the City's own independent judgment. Multiple iterations of technical reports and the preliminary draft EIR were "screen-checked" by the City and its staff to ensure the analyses contained therein are factual, accurate, applicable, and based on the City's independent review and judgment. Further, the City's Development Services Department completes an independent evaluation of land development applications, including this project, for compliance with applicable City, State, and Federal laws, regulations, and ordinances. As such, City staff is not an advocate for or against the project, but acts in its independent regulatory capacity as the lead agency to review and independently evaluate the EIR and project. The City conducted multiple screen-check (or iteration) reviews of the Draft EIR prior to release for public review. The City also conducted multiple reviews of technical studies prior to public review. City staff provided comments, clarifications, additions, revisions, and updates that were then addressed by subsequent iterations. The City has further reviewed and edited, as necessary, the submitted working drafts to reflect the City's own indepe_ndentjudgment, including relianc_e on City'.s experi~nced, technical personnel from various City departments. In addition to providing comments on the EIR and technical reports, City staff regularly met with the applicant and their consult;mts to clarify or explain comments and issues, and to resolve outstanding questions and/or issues as th~y arose .. City staff thoroughly reviewed each iteration of tlie EIR and technical reports-including the Draft EIR, draft Final EIR, and FEIR-and provided comments, revisions, additions, and clarifications to ensure the documents were consistent with applicable City requirements, CEQA, and the State CEQA Guidelines. Reports were reviewed for technical adequacy and completeness of analysis (e.g., confirming that all relevant anticipated impacts and feasible mitigation and alternatives were addressed adequately). This standard of review is consistent with CEQA Guidelines Section 15003(i) that provides that "CEQA does not require technical perfection in an EIR, but rather adequacy, completeness, and a good-faith effort at full disclosure." In addition to the extensive independent review of the EIR (including the Draft EIR, draft Final EIR, and FEIR), the City has further considered public review and input during the open, lengthy, and extensive public review process. This includes extensive public/agency involvement and participation during the public EIR scoping meeting, the Notice of Preparation review period, and the public/agency review and comment period on the Draft EIR. All comments received during the Draft EIR comment period were responded to in writing and included in the Final EIR for presentation to the Planning Commission and the City Council prior to noticed public hearings. The City has also considered staff presentations and public hearings regarding the EIR and project. The City has. exercised independence, objectivity, and September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 62 CEQA Findings thoroughness to ensure the FEIR is a technically adequate environmental document that reflects the City's independent judgment. Thus, pursuant to Public Resources Code Section 21082.l(c), and prior to certification, the City hereby finds it has independently reviewed and analyzed: • The Draft EIR and its technical studies; • The draft Final EIR, including public comments, responses to comments, revised draft EIR pages, and additional or revised technical studies; and, • The FEIR, including public comments, responses to comments, revised EIR pages, etc. The City hereby finds that the Draft EIR, draft Final EIR, and FEIR reflect the independent judgment of the City as the Lead Agency for the project. E. Nature of Findings Any finding made by the City shall be deemed made, regardless of where it appears in this document. All of the language included in this document constitutes findings by the City, whether or not any particular sentence or clause includes a statement to that effect. The City intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross-reference or incorporate by reference any other part of these findings, that any _finding required or committed to be made by the City with respect to any particular subject matter of the FEIR, shall be deemed to be made if it appears in any portion of these findings. F. Reliance on Record Each and all of the findings and determinations contained herein are based on substantial evidence, both oral and written, contained in the administrative record relating to the project. In accordance with Public Resources Code Section 21167.G(e), the record of proceedings (i.e., administrative record) for the Council's decision on the project is comprised ofthe following documents: • The FEIR (November 2024) for the project, including appendices;, _ • The draft Final EIR (September 2024} for the project, including appendices; • The Draft EIR (July 2022} for the project, including appendices; • The Initial Study/Notice of Preparation (IS/NOP} (June 2020) for the project; • Any appendices, studies or documents cited, referenced, or relied on in the IS/NOP, Draft EIR, draft Final EIR, FEIR, or any document prepared for the project's EIR and either made available to the public during a public review period or included in the City's non-privileged, retained files on the project; • Reports and technical reports, studies, and memoranda included or referenced in the IS/NOP, Draft EIR, draft Final EIR, FEIR, or City's responses to comments on the project; • The project application materials; September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 63 CEQA Findings • All public notices issued by the City in conjunction with the project, including notices issued by the City to comply with CEQA, the CEQA Guidelines, or any other law governing the processing and approval of the project; • Scoping Meeting(s) notices and comments received at Scoping Meeting(s); • The Notice of Availability and Notice of Completion of the Draft EIR; • Comments received on the NOP; • All reports, studies, memoranda, maps, or other planning or environmental documents relating to the project or its compliance with CEQA and prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the project that were either made available to the· public during a public review period or included in the City's non-privileged, retained files on the project; • · All written comments and attachments on the project received from agencies, organizations, or members of the public during the Draft EIR comment period or prior to the close of the public hearing before the Council; • All City responses to comments received from agencies, organizations, or members of the public, or otherwise transferred from the City in connection with the project or its compliance with CEQA; • Any supplemental documents submiUed to _the City prior to public hearings on the project; • Staff reports prepared by the City for any information sessions, public meetings, a.nd public hearings relating to the project, and any .exhibits or attachments thereto; • Minutes and/or transcripts (including all presentation material used or relied upon at such sessions, meetings, and hearings) of all public information sessions., public meetings; .. and_ .pt1blic, hearings relating to the project, including the October 3, 2024 Planning Commission hearing; and .November 20, 2024 City Council hearing; • Any documentary or other evidence submitted to the City at such information sessions, public meetings, and public hearings; • Any proposed decisions or findings submitted to the City Council and made available to the public during any public review period; • All findings, resolutions, and ordinances adopted by the Planning Commission or this City Council in connection with the project, and all documents cited or referred to therein; • Project permit conditions; • The Mitigation Monitoring and Reporting Program (MMRP) for the project; • Any documents expressly cited in these findings and any documents incorporated by reference; • The City of Bakersfield General Plan and all pertinent environmental documents prepared in connection with its adoption; September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 64 CEQA Findings • The full written record actually before the Planning Commission and/or City Council; • The project's submitted plans and any project approval documents; • All City website materials relating to the EIR or project; • Any other written materials included in the City's retained files for the EIR or project that are relevant to the City's compliance with CEQA or its decision on the merits of the project, and that were released for public review or relied upon in the environmental documents prepared for the project; and • The Notice of Determination. The Council intends that only those public records relating to the project and its compliance with CEQA and listed above shall comprise the administrative record for the project. Only that evidence was presented to, considered by, and ultimately before the Council prior to reviewing and reaching its decision on the EIR and project shall comprise the administrative record. The Council does not intend that any drafts of any study, findings, or environmental document (or portions thereof), that were not released for public review or otherwise made available to the public be included in the administrative record. G. Custodian of Records The custodian of the documents or other material that constitute the record of proceedings upon which the City's decision is based is identified as follows: City of Bakersfield-Development Services Department 1715 Chester Avenue, 2nd Floor Bakersfield, CA 93301 H. Relationship of Findings to EIR These findings are based on the most current information available. Accordingly, to the extent there are any apparent conflicts or inconsistencies between the FEIR and these Findings, these Findings shall control, and the FEIR is hereby amended as set forth in these Findings. I. Responses to Late Comments Not Required CEQA Guidelines Section 15105 requires that the City provide a 45-day public review and comment period on the Draft EIR. To provide additional time, the City afforded an additional 21 days for public review and comment on the Draft EIR. The public comment period for the Draft EIR began on July 18, 2022 and ended on September 22, 2022. J. Recirculation Not Required CEQA Guidelines Section 15088.5 provides the criteria that a lead agency is to consider when deciding whether it is required to recirculate an EIR. Recirculation is required when "significant new information" is added to the EIR after public notice of the availability of the Draft EIR is given, but before certification. (CEQA Guidelines, §15088.5{a).) "Significant new information," as defined in CEQA Guidelines Section 15088.5{a), means information added to an EIR that changes the EIR so as to deprive the public of a September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 65 CEQA Findings meaningful opportunity to comment on a "substantial adverse environmental effect" or a "feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." An example of significant new information provided by the CEQA Guidelines is a disclosure showing that a "new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented;" that a "substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted to reduce the impact to a level of insignificance;" or that a "feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant en~ironmental impacts of the project, but the project's proponents decline to adopt it." (CEQA Guidelines, §15088.S(a)(l)-(3).) Recirculation is not required where "the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR." (CEQA Guidelines, §15088.S(b).) Recirculation also is not required simply because new information is added to the EIR -indeed, new information is oftentimes added given CEQA's public/agency comment and response process and CEQA's post-Draft EIR circulation requirement of proposed responses to comments submitted by public agencies. In short, recirculation is "intended to be an exception rather than the general rule." (Laurel Heights Improvement Assn. v. Regents of University of California (1993) 6 Cal.4th 1112, 1132.) The City hereby finds that recirculation of the EIR prior to certification is not required. In addition to providing responses to comments, the Final EIR includes revisions to expand upon information presented in the Draft EIR; explain or enhance the evidentiary basis for'the Draft El R's findings; update information; and to make clarifications, amplifications, updates, or helpful revisions to the Draft EIR. Accordingly, recirculation is not required. K. Certification of the Final Environmental Impact Report, CEQA Guidelines § 15090 The City Council certifies that the FEIR, dated November 2024, on file with the Development Services Department (SCH # 2020060267), has been completed in compliance with CEQA and the State CEQA Guidelines, that the EIR was presented to the Council, and that the Council reviewed and considered the information contained therein before approving the project, and that the EIR reflects the independent judgment and analysis of the Council. (State CEQA Guidelines§ 15090.) September 2024 CEQA Findings for the McAllister Ranch Groundwater Banking Project 66 General Plan Amendment/ Zone Change 19-0342 R-1 Exhibit C WM-R2 [HAMBfR•a~o,~-1 -R3 z ~ ~ Hin~ ..... =-' ~ "';!' l R-1/F .u.u. WHITE:LN-r-:z: , 3: =' WM-R2 loo~ ... '"° ~~ c. 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R-1 Zoning R-1 One Familr Dwelling 6,000 sq.ft. min lot si1e R-1-4.5 One Familr Dwelling 4,500 sq.It. min lot si,e E Estate 10,000 sq.ft. min lot sire R-S Residential Suburban 24,000 sq.lt./dwelling unit R-S-( ) Residential Suburban 1, 2.S, 5 or 10 min lot size R-2 limited Multiple Family Dwelling 4,500 sq.ft. min lot size (single lamilr) 6,000 sq.ft. min lot si,e (multifamily) 2,500 sq.ft. lot area/dwelling unit R-3 Multiple Familr Dwelling 6,000 sq.ft. min lot sia:e 1,250 sq.ft. lot area/dwelling unit R-4 High Densitr Multiple Family Dwelling 6,000 sq.ft. min lot sia:e 600 sq.ft. lot area/dwelling unit R·H Residential Holding 20 acre min lot siie A Agriculture 6,000 sq.ft. min lot size A-20A Agriculture 20 acre min lot sire PUD Planned Unit Development TT Travel Trailer Park MH Mobilehome C-0 Professional and Administrative Office C-1 Neighborhood Commer<ial C-2 Regional Commercial C-C Commerdal Center C-8 Central Business PCD Planned Commercial Development M-1 light Manufacturing M-2 General Manufacturing M-3 Heavy Industrial P Automobile Parking RE Recreation Ch Chunh Overlay OS Open Space HOSP Hospital Overlay AD Architectural Design Overlay FP-P Floodplain Primary FP-S Floodplain Se,ondarr AA Airport Approach DI Drilling Island PE Petroleum Extraction Combining SC Senior Citi1en Overlay HD Hillside Development Combining WM-West Ming Specific Plan l:J BAKERSFIELD t Feet 0 500 1,000 MAP PACKAGE