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HomeMy WebLinkAbout12-Development Services o c o CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Adoption of a Mitigated Negative Declaration and Mitigation MonitoringIReporting Program for the demolition of an existing bridge on Old Waterman Canyon Road and replacement with a new bridge, including relocation of utilities (SS 07-14). Subject: Dept: Development Services Date: April 29, 2008 MCC Date: May 19,2008 Syuopsis of Previous Council Action: 12120104 Adopted Reso. No. 2004-391 awarding a contract \0 Gwinco Construction and Engineering, Inc., for Old Waterman Canyon Road Bridge Repair (SS05-1 I) in the amount of$141,991.76. 05/15/06 Adopted Reso. No. 2006-145 approving Agreement for Professional Services in the amount of $224,621.00 with LAN Engineering Corporation to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14). 08107/06 Adopted 5-Year CIP for FY 2006/11 which included funding for design and construction of Old Waterman Canyon bridge replacement (SS07-14) 11/06106 Adopted Reso. No. 2006-376 approving Amendment No. I to Agreement for Services in the amoimt of $25,916.94 for additional environmental services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14). 05/07/07 Adopted Reso. No. 2006-376 approving Amendment No.2 to Agreement for Services in the amount of $8,000.00 for Initial Site Assessment (ISA) for the Design of Old Waterman Canyon Bridge Replacement (SS07-14). 08106107 Adopted Reso. No. 2007-316 approving Amendment No.3 to Professional Services Agreement with LAN Engineering Corporation to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14). Recommended Motion: That the Mayor and Common Council independently review, analyze, and exercise independent judgement in reviewing the Initial Study and adopt the Mitigated Negative Declaration, and the Mitigation MonitoringlReporting Program for the demolition of an existing bridge on Old Waterman Canyon Road and replacement with a new bridge, including relocation of utilities (SS 07-14). ~uR~ Valerie C. Ross Contact Person: Robert Eisenbeisz, City Engineer 5203 Phone: Supporting data attached: Staff Report, Map, Initial Study & Mitigation MonitoringlReporting Program (MMIRP). Ward: 4 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No) Acct. Description: Finance: SI$- Agel!da Item No.~ c o o CITY OF SAN BERNARDINO RE9UEST FOR COUNCIL ACTION STAFF REPORT Subject: Adoption of a Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program for the demolition of an existing bridge on Old Waterman Canyon Road and replacement with a new bridge, including relocation of utilities (SS 07-14). Background: This bridge is located on Old Waterman Canyon Road, approximately % of a mile northerly of Waterman Avenue (State Route 18). The bridge was severely damaged in a flood that occurred on December 25, 2003. Funding for repair of the bridge was approved by the Federal Emergency Management Agency (FEMA); however, before repairs could be started, a flood occurred on January 10, 2005, and further damaged the structure. A federal disaster declaration (FEMA-1577-DR) was made for the San Bernardino area subsequent to the January 10,2005 storm. FEMA reviewed the condition of the bridge and determined that repair of the bridge was not feasible and allocated funding for its replacement. Funding in the amount of $505,000 was allocated for the project, 75% of which is to be reimbursed by FEMA and the remaining 25% by the State Office of Emergency Services (OES). On May 15,2006, an Agreement for Professional Services in the amount of $224,621 was approved with LAN Engineering Corporation for the design of the bridge replacement and California Environmental Quality Act (CEQA) compliance. The project setting is mountainous with moderate vegetation. A perennial stream, which is a branch of Waterman Canyon drainage, flows through the site. The project consists of demolishing the eXisting damaged, undersized bridge and replacing it with a new bridge designed to pass major flood and debris flows. The existing bridge carries two lanes of traffic and the new bridge will also carry two traffic lanes. The lane widths and protective railing will be upgraded to meet current design standards. The primary environmental issues identified during scoping were biological resources, cultural resources, geotechnical and seismic, hazardous waste and water quality. These issues were addressed by detailed studies that are attached as appendices to the Initial Study. See Attachment which is in a separate binder. Copies of the Initial Study and supporting studies were sent to FEMA and the U. S. Department offish and Wildlife Service for review. Both organizations responded by letter that the proposed project will not affect any federally listed species. See attachments "4" and "5". The Initial Study and supporting studies were submitted to the Development and Environmental Review Committee (D/ERC) on February 14, 2008 and a Notice of Intent to adopt a Mitigated Negative Declaration was filed with the Clerk of the Board of Supervisors on February 21, 2008. The action of the D/ERC was to release the Initial Study for public review and to continue the item until April 3, 2008. The Initial Study was sent to the State ClearingHouse (SCH #2008021110) for public review from February 25, 2008 to March 25, 2008. -2 04I3M008 8:57 AM o o o CITY OF SAN BERN~~O REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued During the public review period a letter was received from the Native American Heritage Commission (Attachment "7"). The concerns indicated in the Commission's comments are addressed in Attachment "8". No other comments were received. At the meeting of April 3, 2008 the D/ERC reviewed comments received during the public review period, heard testimony regarding the project and recommended a Mitigated Negative Declaration (MND). The mitigations for the project are contained in the attached Mitigation MonitoringlReporting Program (MMRP). See Attachment "9". Inclusion of the mitigations will insure that there will be no adverse impacts from this project. Adoption of the MND will enable staff to proceed with applications for permits from the Corps of Engineers, State Department of Fish and Game and the Regional Water Quality Control Board. That process will require about 60 days to complete and, upon receipt of the permits, bids can be taken for the project. Construction is expected to require about 8 months. FEMA approval expires in August 2008; therefore, staff will apply for an additional one-year extension of time. Financial Impact: There is no financial impact from adoption of the Mitigated Negative Declaration. However, the total funding requirement for the project is about $2.7 million whereas FEMA and OES have committed only $505,000 toward the project. Prior to bidding the project, staff will be seeking written confirmation from OES and FEMA that the full cost of the work will be reimbursed. Recommendation: That the Mayor and Common Council independently review, analyze, and exercise independent judgement in reviewing the Initial Study and adopt a Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program for the demolition of an existing bridge on Old Waterman Canyon Road and replacement with a new bridge, including relocation of utilities (SS 07-14). Attachments: "I" - Location Map. "2" - Initial Study dated January 2008, including supporting studies (see separate binder). "3" - Notice ofIntent to adopt a Mitigated Negative Declaration filed February 21, 2008. "4" - Comments from FEMA dated February 5, 2008. "5" - Response from the U.S. Fish and Wildlife Service dated February 14,2008. "6" - Letter dated March 25,2008 from the State Clearinghouse acknowledging receipt of the Initial Study and circulation to affected State Agencies. "7" - Comments from Native American Heritage Commission dated March 10,2008. "8" - Response to Comments by Brian Foote dated April 3, 2008. "9" - Mitigation Monitoring/Reporting Program. 3 0510612008 10:40 AM c '\ ~~ ,Ii '1 i:l' IJ ''\ , ~ '\'~~~ \\ \, \\ \\ '" \, '1\ i \, ~ \, \\ . \\ ,\"1, ':::~,\l.. ',\, " .----JL ~~/~~ '--~!;t '~ . ._n'~\....-_ - 'J} , fI' '-~:;:::'~:::::==.I/ c . ~ ~ o ~ c x 3 . o 9 a " i ~ \\ ~:\ ] ( " ATIACHMENT "1" Project Site r'-\ II \,' " ,II . . i ~ ; \\ - 9P.~ ; /'ii.<'!""'.''!''''''T'' ' \:~'~.>~~,~~ i ~ ~ N < . A "' ~ 0 w 2 0 !lOO 1,000 ~ ~ 2,000 ~ - o ;; SOURCE: ESRI S~oeIm.p USA (2005) 1~ Jones & Stokes Project Location Waterman Canyon ATTACHMENT "2" o .. OLD WATERMAN CANYON BRIDGE REPLACEMENT CONSTRUCTION PROJECT (CIP PROJECT NO. SS 07-14) o INITIAL STUDY CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) o ,....\ ,..--.,..--, 11.....11'-41,-4 \ -.., I __1__ '... ': _2: _J ,'_I '. L_,I L_ \...,',__..I,:",,_J January 2008 ,....., ,..--,,..-'" '-' ,--, ,-, "'--',.--. If' 11 ,_"I ,- " , I,... I , "_ JI,-" \ ......,: -, I _, ], ~ \ I ...' I ,4 \ :: I "'-. ~'.. '. j-: _~, fJ 'I I, < If.I , I I : j- .' ,_, JI --.1: :'j" I, ,] ti' 1 I I --I '...... 1__..1_ ..... _,,-I \..A... -' '_I 1__. ro-'" -lr' ,.....-.. r--,,--, I ... ,I II ,Ill 'I _"'. .. , I !..IIIII 'III ro, II !.._I L', I ~ I II .. II I I" II ( I'"'' II \ 111"1 i-'" I ,-' II II" 111.1 I, --I I, ' I__..'!..I d U 1__' I__JI-I \J c o Attachment "3" CLERK OF THE BOAR["I CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT NOTICE OF INTENT FEB 2 1 2008 COUNTY OF SAN BERNARDINO FRO:\t: CITY OF SAN BERNARDINO Development Services Department 300 North "0" Street San Bernardino, CA 92418 TO: 0 OFFICE OF PLAJ\,'NING & RESEARCH P.O. Box 3044 Sacramento, CA 95812-3044 o COUNTY CLERK County of San Bernardino 385 North Arrowhead Avenue. San Bernardino, CA 92415 SUBJECT: Filing of a Notice of Intent to adopt a Mitigated Negative Declaration in compliance with Public Resources Code S21080c and CEQA Guidelines S15072 and 915073. Project Title: Old Waterman Canyon Bridge Replacement Construction Project (Capital Improvement Project No. SS 07-14) State Clearinghouse Number (if submitted to Clearinghouse): 2..a()~Q2. \ I\Q o ~ m " - r m o s:?o '1J o en -I m o Lead Agency Contilct Person: Area CodelTelephone: Brian Foote. Associate Planner (909) 384-5057 ext. 3338 Project Location (Include county): The bridge is located on Old Waterman Canyon Road, approximately Y. mile north of Waterman A venue (Highway 18), in the City of San Bernardino, County of San Bernardino. Project Description: The City of San Bernardino, Public Works/Engineering Division, proposes to demolish an existing bridge and construct a new bridge located on Old Waterman Canyon Road. in the OS/W, Open Space/Watershed larid use district of the Arrowhead Springs Specific Plan. This is to notify the public and interested parties of the City of San Bernardino's intent to adopt a Mitigated Negative Declaration for the above-referenced project. The mandatory public review period is estimated to begin on Monday, February 25, 2008, and end on Tuesday. March 25. 2008. The Initial Study is available for public review at the public counter in the Development Services Department, located on the 3n1 Floor of City Hall (address listed above) and at Feldheym Public Library, 555 West 6"' Street, San Bernardino. The project site is not listed on the State of California Hazardous Waste and.substances Sites List pursuant to Government Code Section 65962.5(E). Following the public review period, the Mayor & Common Council of the City of San Bernardino will consider the proposed Mitigated Negative Declaration and the project at an advertised public hearing. Signature: ~~-..". 01 Date: 02119:08 Title: Associate Planner Date received for filing at OPR: ,~ Attachrrwnt "4" {:.S. Depaniiiiri'f'oTHomcla.d SKUrity 1111 Broadway. Sui.. 1200 Oaldand, CA 94607-40j2 c i.....r.i;.~ /~ 9., ;- ,,.1 ... 1:; ~#. C>?,"'" ."~~D ~~ FEMA February 5, 2008 Nancy Ferguson U.S. Fish and Wildlife Service 6010 Hidden Valley Rd Carlsbad, CA 92009 Re: Old Waterman Canyon Road Bridge Replacement, City of San Bernardino, FEMA-1577-DR-CA, PW #2473 o Dear Ms. Ferguson: The City of San Bernardino has applied, through the State of California Governor's Office of Emergency Services, to the Federal Emergency Management Agency (FEMA) for funding under the Public Assistance Program to repair the Old Waterman Canyon Road Bridge (Figure I). The proposed action is located within unincorporated San Bernardino County above the City of San Bernardino, California, approximately % mile north of Highway 18, on Old Waterman Canyon Road. The purpose of the proposed action is to restore and repair storm damages,. and replace the existing bridge and approaches. The City's consultant has prepared a Biological Resources Report for the subject project, which is being submitted under this cover. This letter represents FEMA's notification to the U.S. Fish and Wildlife Service (USFWS) ofa no effect determination for the subject project under Section 7 of the Endangered Species Act. Accordingly, FEMA is submitting the enclosed Biological Resources Report (as prepared by the County's consultant) for your files. In the Biological Resources Report findings, it is noted that focused surveys for special status plants and the San Bernardino kangaroo rat were completed with negative results. Based on these negative'fmdings, FEMA determined that the proposed action would have no effect on federally listed species under the USFWS jurisdiction. The enclosed Biological Resources Report describes the proposed action, environmental setting, listed species, and analyzes the o potential adverse effects on federally listed species. www-fema.gov o o o Ms. Nancy Ferguson February 5, 2008 Page 2 If you should require any additional information regarding the proposed action or FEMA' s determination, please feel free to contact me at (510) 627-7027 or FEMA's contractor, Ms. Lorena Solorzano-Vincent ofNISTAC, at (510) 874-3114. Thank you in advance for your assistance. Sin erely, , Ale dro Amaglio Regi nal Environmental Officer Enclosure cc: Dennis Castrillo, OES Charles Rabamad, OES Michael Grubbs, City of San Bernardino ..... Attachment "4" ur.~ ^ ,7-' N A o 2 4 " PW #2473 Old Watennan Canyon Road Bridge Project FEMA DR-1I77 VICINITY MAP 15708018 February 2008 FIGURE 1 SCALE IN MILES c c . lit <4...6 Attachment "5" United States Department of the Interior l:.& nSH" WUlJUf'E BE"""'" FISH AND WILDLIFE SERVICE Ecologkal St:f\'ices Car"bad Fish and Wildlife Olliee hOIO Hidden Valley Road Carlsbad. Calil,)mla ~2011 9 lOu, ,: ":E8 In Reply Refer To: F\\'S-SB-08B03~ ].0810376 FED 1 4 2008 , ,N BERNARL : NT SERVI~_ . iTMENT Allesandro Amaglio Department of Homeland Security Federal Emergency Management Agency III Broadway, Suite 1200 Oakland. California 94607-4052 Subject: Informal Section 7 Consultation on the Proposed Waterman Canyon Bridge Replacement, Unincorporated San Bernardino County, California (FEMA- I 577-DR-CA. PW #2473) Dear Mr. Amaglio: We have reviewed the information your agency provided to us on February 5,2008, regarding the above-referenced project. The proposed action is funding under the Public Assistance Program to repair the Old Waterman Canyon Road Bridge located approximately three quarter miles north of Highway 18, on Old Waterman Canyon Road. The site assessment and focused surveys for federally listed species indicated that none are present within the project footprint. Hence, we concur with your agency's determination that the proposed bridge replacement will not affect any federally listed specIes. We appreciate this opportunity to work cooperatively with you. If you have any questions regarding this letter, please contact Nancy Ferguson of this office at (760) 431-9440, extension 244. Sincerely, . r~ ~ Karcn A. bel o ~s:;istant Field Supervisor C~: Dennis Castrillo, OES o Michael Grubbs. City of San Bemanlino. California TAKE PRI DE ttI>~ .J IN AM ER I CA -::.::;:.::;- c c o Attachment "6" ~..~ (~~ .~~.) 'Jt...",~ STATE OF CALIFORNIA GOVERNOR'S OFFICE afPLANNING AND REsEARCH STATE CLEARINGHOUSE AND PLANNING UNIT AxNOLCSCHWARZENEOGER GOVERNOR CYNTHIA BRYANT DI1lECJ'OR ylarch 25. 2008 !' ,-~~ ,'~_~': C~~ f ~ .~; ;:'1 :J j ".' '; ,,~'.: 1'-' ",---, I 1:..-1 Brian Foote City ufSan Rl"mardillo 300 l'orth D Stree~ 3rd Floor San Bernardino, CA 92418 (.;-1 Y (; ,j,::V.=~ .......:t:,.-!: ..... .l~ ! i:;"".'; ~ "'J "iT Subject: Old Watennan Canyon Road Bridge Replacement Construction Project (C.I.P. project # SS 07- 14) SCH#: 200802111 0 Dear Brian Foote: The State Clearinghouse submitted the .bove named Mitigated Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on March 24, 2008, and the comments from the responding agency (ies) is (are) enclosed. Iftbis comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21 104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation. n ,. These comments are forwarded for use in preparing your fmal envirorunental document. Should you need more information or clarification of the enclosed comments, we reconunend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California EnvironmentsI Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely. ~j!,{~ Terry Robe~s Director. State Clearinghouse Enclosures cc: Resources Agency 1400 lOth Street P.O. Box 3044 Sacramento, California 95812-3044 (9,16) 445-0613 FAX (916) 323.3018 www.opr.ca.gov c c o Document Details Report State Clearinghouse Data Base Attachment "6" SCHW 2008021110 Project Title Old Waterman Canyon Road Bridge Replacement Construction Project (C. loP. project # 55 07-14) Lead Agency San Bemardino, City of Type Description Mitigated Negative Declaration MN o The City of San Bernardino, Public Works Division, proposes to demolish the existing bridge on Old Waterman Canyon Road approximately 3/4 mile north of Waterman Avenue (Highway 18), and construct a new bridge at the same location. The area of potential direct effect (APDE) is 2.23 acres. The existing bridge was severely damaged during several storms In 2003 and 2005; the damage to the bridge was reviewed by FEMA and determined to be eligible for funding under Disaster Declaration No. 1577 In June of 2005. Lead Agency Contact Name Brian Foote Agency City of San Bemardlno Phone (909) 384-5057 ex!. 3338 emall Address 300 North D Street, 3rd Floor City San Bemardlno Fax Stllte CA Zip 92418 Project Location County San Bernardino City San Bemardino Region Cross Str8ets Parcel No. Township Old Waterman Canyon Road, approximately 3/4 mile north of Waterman Avenue (Hwy 18) 0270-061-11 1N 11 Sase Range 4W Section Proximity to: Highways 18 Airports Railways Waterways Schools Land Use Open Space - Watershed (OSIW) Project Issue. Air Quality; Archaeologic-Historic; Geologic/Seismic; Toxic/Hazardous Reviewing Resources Agency; Regional Water Quality Control Board, Region 8; Department of Parks and Agencies Recreation; Native American Heritage Commission; Central Valley Flood Protection Board; OffIce of Emergency Services; OffIce of Historic Preservation; Department of Fish and Game, Region 6; Department of Water Resources; California Highway Patrol; Caltrans, District 8; Air Resources Board, Transportation Projects; State Lands Commission Date Received 02/22/2008 Start of Review 02/22/2008 End of Review 03/24/2008 Note: Blanks in data fields result from insufficient information provided by lead agency. c c o Attachment "T' AT A ri' Of;' r..6.1 l,:'nANIA .6."'1'1'" lIehwaI7art1MVl1", n.nw.'lIft' NATIVE AMERICAN HERITAGE COMMISSION 115 CAPITOl. MALL, ROOM OM SACRAIENTO, CA 15114 (919)_1 FIX (818) 1S7.53IO Web Site www nahe ~ ftftV .mlll: dl_nahcOpllcbell.net .11 RECEIVED MAR I 4 2008 cieaf 3-Z4'o~ e March 10,2008 Mr. Brian Foote, Associate Planner STATE ClEARING HOUSE CITY OF SAN BERNARDINO DEVELOPMENT SEItVICES DEPARTMENT 300 North '0" Street San Bernardino CA 92418 Re: SCH#200802111 Q' CEOA Notice of Comel.tion" DrODOaed Mttioatad Neastfve Declaration for Reolacement of a Brides on Old Waterman Canvcm Road- San Bernardino County CaJifomi8 Dear Mr. Foote: The Native Americsn Heritage Commission Is the state agency dsslgnated to protect Califomla's Native American Cultural Resources. The California Environmental Quality Act (CECA) requires that any project that causes a subs1antial adverse change In the significance of an historical resource, that Includes archaeological resources, is a 'significant eWeet' requiring the preparation of an Environmental Impact Report (EIR) par the California Cods of Regulationa 515064.5(b)(c (CECA guidelines). Section 15382 of the 2007 CECA Guidelines dsfInes a significant impact on the environment as 'a substantial, or potantially subs1antial, advellle change In any of phyelcal conditions within an area strected by the proposed project. including... objecte of hi8toric or aesthatic significance.' In order to comply with this provision, the lead agency la required to auess whether the project will have an adverse impact on these resources within the 'area of potential slrect (APE)', and if so, to millgaltlthat street. To adequateJy assess the projea-related impacte on hiatorical resources, the Commission recommends the following action: ,j Contact the appropriate California Historic Resources Information Centar (CHRIS) for poulble 'recorded sllee' In locations where the development will or might occur.. Contact Information for the Information Center nearest you is svsHable from the State OffIce of Historic Preservation (9161853-7278)1 htto./Iwww oho Darks ca ODV. The record search will determine: . If s part or the entire APE has been previously surveyed for cultural resources. . If any known cultural resources have already bean recorded in or adjacent to the APE. . If the probability is low, moderate, or high that culturel resources are located In the APE. . If a survey is reqUired to determine whether previously unrecorded culturel resources sre present ,j If sn srchseologlcal inventory aurvey is required, the finsl stage is the preparation of e professional report detelllng the findings and recommendations of the records search and field survey. . The final report containing s~e forma, site signiflcanca, snd millgation measurers should be submitted Immediately to the planning dspartment All informstion regerdlng site locations, Native American human remains, and 88SOciated funerery objecte ehould be In a separeta confidential sddendum, and not be mads avsllable for pubic discJosure. . The finsl written report should be submitted within 3 months sfter work hss been complated to the appropriate regional srcheeologlcallnformation Center. .J Contect the Native American Heritage Commission (NAHC) for. . A Sscred Lands File (SlF) sesrch of the project ares and information on tribeJ contacte in the project vicinity that mey haye sdditlonal cultural resource information. Please provids this office with the following citation format to auist with the Sacred lands File ssarch request USGS 7 5-mlnute auadranale citation with name town_hiD ranae and section" . . The NAHC edvises the use of Netive American Monitors to ensure proper idsntification and care given cultural resources that msy be discovered. The NAHC recommends that contect be made with Nativs American Contacts on the sttached list to get their input on potential project impact (APE). In some cases, ths exlstencs of a Native American cultural resources may be known only to a local tribe(s). .J lack of surface evldenca of archeological resources does not precluds their subsurfacs existencs. . lead agencies should include in their mitigation plan provisions for the identification and evaluation af accidsntally discoversd archsological resources, per California Environmantal Quality Act (CECA) 515064.5 (I). In areas of identifiad archasological sensitivity, a certified archssologist and a culturally affiliated Native American, with knowiedge in cultursl resources, should monnor all ground-disturbing sctivities. . A culturally-sffillated Nstivs American tribe may be ths only sourcs of Informstion about s Sacred SnelNative American cultural resource. . lead agencies should include in their mitigation plan provisions for the disposition of recovered artifacts, in consultation with culturally affiliated Native Americans. o c o Attachment "T' " Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans. . CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americens identified by this Commission if ths initisl Study identifies the presence or Iiksly presencs of Nativs American humsn remains within the APE. CEOA Guidslines provide for agresments with Nstive American, identified by the NAHC, to assure the appropriate and dignified treatment of Netive Americen human remains and any associated grave liens. " Health and Safety Code 57050.5, Public Resources Code 55097.98 and Sec. 515064.5 (d) of the Californis Code of Rsgulations (CEOA Guidelines) mandate procedures to be followed, including that construction or excavation be stopped in the event of an sccidentsl discovery of any human remains in a location other thsn a dedicated cemetery until the county coroner or medical examiner can determine whether the remains are those of a Native American. Note that 57052 of tha Health & Safety Coda states that disturbance of Native Amsrican cemeteries is a felony. " Lead aoenci_ "hould consider avoidance .s defined in 615370 of the California Code of Reaulations (CECA Guid"!".., when sianiflcant cultural resources are discovered durina the course of orolect DlaMnina and imDlementation . me at (916) 653-6251 if you have any queations. f Nstive American Contacts Cc: Stata Clearinghouse Attachment "K" CITY OF SAN BERNARDINO o Development Services Department - Planning Division Memorandum TO: File - Old Watennan Canyon Bridge Reconstruction Project (Capital Improvement Project No. SS 07-14) Brian Foote, AICP, Associate Planner '@ Mike Grubbs, PE, Project Manager Terri Rahhal,AICP, Principal Planner 04/03/08 NOI for proposed Mitigated Negative Declaration (SCH #2008021110) FROM: CC: DATE: RE: The Development Services Department received one comment letter during the public review period for the above-referenced Notice of Intent (NOI). o Comment 1 A letter from the Native American Heritage Commission dated March 10, 2008, identified a standard list of concems. regarding archaeological resources and Native American religious or sacred sites, including unknown buried resources, and procedures for conducting review of records pursuant to CEOA. ResDonse The analysis of potential impacts to Cultural Resources is discussed in-depth in the project Initial Study, and staff is satisfied that the appropriate due diligence has been perfonned and no further research is necessary. Previous detailed surveys and consultations have detennined that no significant culturaVarchaeological resources occur within or around the project site. The local CHRIS was contacted and there have been 18 cultural resources surveys conducted within a one-mile radius of the project site (3 of which have been conducted within the project site) all with negative findings. A response from the NAHC on February 12, 2007, indicated that no sacred lands are recorded in the Sacred Lands files for the immediate project area. A total of 7 Native American groups and individuals were contacted by the consultant via letter on February 19, 2007, and one response was received that expressed no concems. However, mitigation measures CR-1 and CR-2 are included in the Initial Study to address any potential accidental exposure of unknown buried cultural resources. o c o o Attachment "9" DEMOLITION OF AN EXISTING BRIDGE ON OLD WATERMAN CANYON ROAD AND REPLACEMENT WITH A NEW BRIDGE, INCLUDING RELOCATION OF UTILITIES - CIP PROJECT NO. SS07-14 MITIGATION MONITORINGIREPORTING PROGRAM This Mitigation Monitoring/Reporting Program has been prepared to implement the mitigation measures outlined in the Initial Study for the Victoria Avenue Street Improvement and Beautification Project. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and City of San Bernardino CEQA Guidelines. CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The. Mitigation Monitoring/Reporting Program contains the following elements: 1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within the Initial Study. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other data relevant will be retained by the City of San Bernardino. 4.. The program is designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The individual measures and accompanying monitoring/reporting actions follow. o c o MITIGATION MEASURES AIR QUALITY AQ-I The project shall comply with the requirements of the SCAQMD Rules 402 and 403 for fugitive dust, which requires the implementation of Reasonable Available Control Measures (RACM) for all fugitive dust sources, and the Air Quality Management Plan (AMCP), which identifies Best Available Control Measures (BACM) and Best Available Control Technologies (BACT) for area sources and point sources, respectively. IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: . , , AQ-2 (a) (b) (c) (d) (e) The project proponent shall ensure that construction equipment is properly maintained and serviced to minimize exhaust emissions. The project proponent shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site power generation. The project proponent shall ensure that construction personnel are informed of ride sharing and transit opportunities. The project proponent shall ensure that any portion of the site to be graded is pre- watered to a depth of three feet prior to the onset of grading activities. The project proponent shall ensure that watering of the site or other soil stabilization method is employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday. The project proponent shall ensure that all disturbed areas are treated to prevent erosion until the site is fully constructed. The project proponent shall ensure that SCAQMD Rule 403 is adhered to, ensuring the clean up of construction-related dirt on approach routes to the site. The project proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. (f) (g) (h) Old Watennan Canyon Road Bridge Demolition and Replacement MMIRP Page 2 ofS o o o IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: AQ-3 To reduce emissions all equipment used in grading and construction must be tuned and maintained to the manufacturer's specification to maximize burning of vehicle fuel. IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Old Watennan Canyon Road Bridge Demolition and Replacement MMIRP Page 3 of8 o c c CULTURAL RESOURCES CR-l In the event that paleontological resources are unearthed during grading or excavation, such activities shall cease in the vicinity and the proponent shall inform the project planner. The project planner shall inform the San Bernardino County Musewn paleontologists. SBCM staff shall determine the appropriate course of action, including the implementation of a paleontological recovery program. IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: CR-2 If any artifact is uncovered during grading or construction, the contractor or site superintendent shall immediately cease ground-disturbing activities and shall notify the City and The San Bernardino County Musewn to have a qualified archaeologist and/or paleontologist evaluate the artifact and determine the appropriate course of action. If any hwnan remains are uncovered, the City, the County Musewn and the County Coroner shall be notified, and all activities at the site shall cease until the City provides clearance to reswne grading or construction activities. In accordance with the City's General Plan, Native American tribes shall be consulted to determine the disposition of any Native American artifacts discovered. IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Old Watennan Canyon Road Bridge Demolition and Replac:ement MMIRP Page 4 ofS o o o GEOLOGY AND SOILS OS-I Grading operations, including processing of fill areas, compaction and method of filling, etc. shall be performed in accordance with the recommendations contained in the project soils and geology report. IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: OS-2 All instances of undocumented fill, trash and other material unsuitable for placement of compacted fill encountered during grading operations shall be removed and properly exported from the site. IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Old Watennan Canyon Road Bridge Demolition and Replacement MM/RP Page 5 ofs o o o GEOLOGY AND SOILS (Cont'd) GS-3 The design of the replacement bridge shall incorporate all recommendations contained in the Report of Geotechnical Investigation, "Report of Geotechnical Investigation Proposed Bridge Replacement Old Waterman Canyon Road Bridge City of San Bernardino, California" dated February 16,2007, prepared by Kleinfelder West, Inc. IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: GS-4 All foundation excavations shall be approved prior to forming of concrete or placement of reinforcing steel by a qualified engineer. IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Old Watennan Canyon Road Bridge Demolition and Replacement MMIRP Page 6 of8 o o o GEOLOGY AND SOILS (Coot'd) OS-5 Prior to the issuance of grading permits, the proponent shall receive approval of an erosion control plan and PMIO management plan from the Public Works Division of the Development Services Department. IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: OS-6 An erosion control plan shall be prepared and implemented for the proposed project that identifies specific erosion control measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through grading completions. This erosion control plan shall include the following measures at a minimum. (a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California. (b) An inspection and maintenance program shall be included to ensure that any erosion, which does occur either on-site or off-site as a result of this project, will be corrected through a remediation or restoration program within a specified time frame. IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Old Waterman Canyon Road Bridge Demolition and Replacement MMIRP Page 70f8 o o o HAZARDS AND HAZARDOUS MATERIALS HAZ-I If material dissimilar to those tested by Kleinfelder are discovered during demolition, those materials shall be considered asbestos containing materials (ACMs) until further testing. A licensed California Certified Asbestos Consultant must survey the materials for asbestos. If asbestos is found, an asbestos abatement contractor must first remove these items before continuing demolition. IMPLEMENTATION AND VERIFICATION The Public Works Division shall conduct on-site inspections during earth-disturbing activities and throughout the construction process. COMPLIANCE RECORD Inspection records shall be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Old Watennan Canyon Road Bridge Demolition and Replacement MM/RP Page 8 of8