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HomeMy Public PortalAbout06 Mitigated Glenshire BridgeTOWN OF TRUCKEE California RESOLUTION No. 97-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE GLENSHIRE DRIVE BRIDGE REPLACEMENT PROJECT WHEREAS, the Town of Truckee has studied several alignments to replace the Glenshire Drive bridge over the Truckee River and selected a preferred alignment to analyze the potential environmental effects which may result from construction of the bridge along the preferred alignment; and WHEREAS, the Town prepared an Initial Study pursuant to the California Environmental Quality Act, identifying the significant environmental effects of the project and the mitigation measures necessary to eliminate or reduce the significant effects to a less-than-significant level; and WHEREAS, a Mitigated Negative Declaration was proposed for the project based on the findings of the Initial Study; and WHEREAS, notice was provided to the public by publication in the Sierra Sun, a local newspaper of general circulation, that the Town Council proposed to adopt a Negative Declaration, and a public review period of 32 days was established from June 13, 1996 to July 15, 1996 for the Town to receive written comments on the proposed Negative Declaration; and WHEREAS, the Town Council considered all public comments received during the public review process prior to approving the Negative Declaration; and WHEREAS, the Town Council finds the project is subject to the Department ofFish and Game filing fee for a Negative Declaration. NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE, AS FOLLOWS: SECTION 1. The Negative Declaration is on file in the office of the Town Clerk, and referenced herein, is hereby approved for the Glenshire Drive Bridge Replacement Project. The following finding is made in approving the Negative Declaration: The Initial Study identified several potentially significant effects. However, revisions were made to the project prior to the release of the Negative Declaration for public review which would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. No revisions have been made to the Negative Declaration subsequent to the public review period, and there is no substantial evidence that the project as revised may have a significant effect on the environment. This finding is further supported by the findings contained within the Initial Study. SECTION 2. The Mitigation Monitoring and Reporting Program attached hereto as Exhibit "B" and referenced herein is hereby adopted pursuant to Section 21081.6 of the California Environmental Quality Act. SECTION 3. The Town Engineer is hereby directed to file a Notice of Determination for the Negative Declaration with the Nevada County Recorder. The foregoing Resolution was introduced at a Regular Meeting of the Town Council of the Town of Truckee, held on the 3rd day of April, 1997, by Councilmembe r Carpenter who moved it's adoption, which motion duly seconded by Councilmember Florian was upon roll call carried and the Resolution adopted by the following vote: AYES: Councilmembers Carpenter, Florian, McCormack, Susman, and Mayor Drake NOES: None ABSENT: None Robert W. Drake, Mayor ATTEST: Stephe[a'~ Wright~lerk TOWN OF TRUCKEE MITIGATION MONITORLNG &ND REPORTING PROGRAM GLENSlllRE DRIVE BRIDGE REPLACEMENT PROJECT (BRIDGE NO. 17C-044) This Mitigation Monitoring and Reporting Program is structured in the following mamaer: Approving Person/Agency - The person or government agency responsible for ensuring that the mitigation measure has been implemented and the project complies with the mitigation measure. Schedule - The time during the project when the mitigation measure must be implemented or reviewed for effectiveness. Town's Responsibilities - Those items which must be addressed or submitted by the Town as par~ of the monitoring program. Measure Review - A description of how the approving person/agency will ensure that the mitigation measure has been implemented. Enforcement Action - A description of the enforcement mechanisms which will be utilized if the project does not comply with the mitigation measure. The Town Engineer is responsible for ensuring that the project complies with all mitigation measures and that documentation is provided by the "Approving Person/Agency" demonstrating compliance with the mitigation measure. The "Approving Person/Agency" is responsible for ensuring mitigation measure compliance and forwarding docmnentation to the Town Engineer upon mitigation measure compliance. The "Approving Person/Agency" may document mitigation measure compliance by signing the original mitigation monitoring checklist on file with the Town Engineer; signing a copy of the mitigation monitoring checklist and forwarding it to the Town Engineer; or forwarding to the Town Engineer a Ietter staring that the mitigation measure has been complied with. The Town Engineer will verify that all applicable mitigation measures have been complied with at the following project time periods: Preconstruction, i.e., prior to the issuance of any grading or building permits for the project and prior to the start of construction. Construction. Postconstruction. The Town Engineer is responsible for ensuring that the project complies with all applicable mitigation measures during its operation. The Town of Truckee Deparanent of Public Works is responsible for addressing or submitting those items described for each mitigation measure and complying with the requirements of the mitigation measure. The Depaxr~nent of Public Works is also responsible for informing people working on the project under the Town's direction of the requirements of the mitigation measures. Mitigation measures will be enforced in accordance with the provision of the ordinance or re~m~lations under which the mitigation measure is being implemented. There are several actions which may be taken under these ordinances to enforce the mitigation measures, and the type of action taken by the Mitigation Monitoring Program, Page 2 Town to enforce the mitigation measure will be base on the level of non-compliance and the sensitivity of the resource being protected by the mitigation measure. Actions which may be taken by the Town and its staff include, but are not limited to: Issuing an order to abate or correct the violation. Issuing an order to stop work. Imposing monetary fines. Voiding and revoking the conditional use permit. The method of enforcement will be determined at the time the incident of non-compliance is discovered by the Town. ACOE APCO Caltrans CDFG Lahontan NSAQMD Twn Engr USFS USFWS U.S. Army Corps of Engineers Air Pollution Control Officer, Northern Sierra Air Quality Management District, or his/her designee. California Depmunent of Transportation California Depaxmient of Fish and Game Regional Water Quality Control Board, Lahontan Region. Northern Sierra Air Quality Management District Town Engineer, Truckee Department of Public Works, or his designee. U.S. Forest Service, Truckee l~anger District U.S. Fish and Wildlife Service Mitigation Monitoring Program, Page 3 MITIGATION MEASURES MONITORhNG AND REPORTING PROGRAIM[ 2. GEOLOGIC PROBLEM_S (EARTH) Impact: Wind and water erosion of soil could result from the proposed project, especially during construction. This could result in a significant erosion impact. Mitigation Measure 2at Grading conducted within the project area shall comply with the standards and requirements of the Town of Truckee Grading Ordinance, except as modified by the project mitigation measures. The grading plan shall include an erosion and sedimem control plan for grading and a soils investigation report. Mitigation Measure 2bt The erosion and sediment control plan shall address temporary measures and facilities to control erosion and sedirnem during construction. Mitigation Measure 2c: .~. maintenance plan for permanent maintenance of erosion and sediment control measures and facilities shall be prepared as part of de erosion and sediment control plan. Approving Person/Agency: Town Engineer Schedule: Preconstruction (prior ro any grading or disturbance); construction (during grading) and postconstruction. Towu's Respons/b/lifies: The Town Engineer shall submit grading plans prepared by the project engineer to applicable agencies. The Town Engineer shall have a qualified engineer prepare a maintenance plan. The maintenance plan shall address maintenance of erosion and sediment control facilities required by the grading plan, and mitigation measures; include provisions for annual inspections and repair; and include provisions for identifying failure of measures and facilities and malting emergency repairs to such measures and facilities. Annual spring and fall inspections of the drainage, erosion, and sediment control measures and facilities shall be conducted by a qualified engineer. The Truckee Depa~aaent of Public Works shall make all necessary repaks and maintenance to drainage, erosion, and sediment control measures and facilities. Measure Review: a. The Town Engineer will review the maintenance plan and verify that the plan contains sufficient provisions for annually maintaining and repairing drainage, erosion, and sediment control measures and facilities: identifying failure of measures and facilities; and repairLng such failures. b. The Town Engineer shall inspect the project's erosion and sediment control measures and facilities to verify that the repairs required by the engineer have been made and measures and facilities required by the approved grading plans and maintenance plan are in place. Mitigation Monitoring Program, Page 4 3. WATER Impact: The supports for the temporary falsework, the temporary bridge, and the piers of the new bridge will be placed within the 100-year floodplain of the Truckee River. The Lahontan RWQCB prohibits disturbance or the use of fill within this floodplain unless appropriate mitigation is implemented (John Short, Lahontan RWQCB, pen. comm.). The project measures and the mitigation measures will be implemented to satisfy the requirements of the Lahontan RWQCB Basin Plan. Mitigation Measure 3a: Mitigation for the temporary disturbance of the floodplain and riverbed of the Truckee River will be completed according to the requirements of Lahontan. Typically, this involves riverbank restoration in the vicinity of the proposed project. Mitigation for the permanent disturbance of the floodplain (i.e., the footings of the two columns) will also be completed according to the requirements of Lahontan. Mitigation Measure 3be The established erosion control regulations of Caltrans, the CDFG, and the ACOE (e.g., Caltrans Standard Specifications Type D Erosion Control) will be followed during construction of the proposed project. In addition, the Town of Truckee will adhere to the site-specific water quality and erosion control measures presented in the permits issued by the ACOE and the CDFG. Mitigation Measure 3c: A detailed hydrological study will be prepared for the proposed project. The effect of the temporary and permanent fixtures of the proposed bridge on the hydrology of the project area will be discussed in this study, including expected impacts to waterflow and base flood eievation. While significant hydrological impacts, including flooding impacts, are not expected to result from the proposed project (Norman Braithwalte, pers. comm.), additional measures suggested as a result of the findings of the hydrological study will be implemented to mitigate for expected site-specific impacts. Approving Person/Agency: Town Engineer Schedule: a. Preconstruction b. Construction c. Postconstruction Town's Responsibilities: a. Prior to the start of construction, the Town and Lahontan shall design appropriate mitigation requirements for impacts to the floodplain of the Truckee River. b. During and/or after the completion of construction, the Town shall implement these mitigation requirements and complete inspections as directed by Lahonum. c. As discussed in Mitigation Measures 2a, 2b, and 2c, the Town shall submit grading permit application materials to Lahontan; these materials shall comply with the established erosion control regulations of Caltrans, the CDFG, and the ACOE. d. The Town shall submit as-built plans prepared by the project engineer to applicable agencies. e. The Town shall complete the hydrological study. If necessary, a plan for the implementation of additional measures suggested as a result of the findings of the hydrological study will be completed. f. If necessary, measures suggested as a result of the findings of the hydrological study Mitigation Monitoring Program, Page will be implemented. Measure Review: a. Lal~o~ran and the Town Engineer shall verify that a mitigation plan has been agreed to by Lahonma and the Town. b. The Town Engineer and Lahontan shall verif)r that the mitigation requirements are being implemented as directed by Lahontan. c. The Town Engineer will verify that the grading and ne erosion and sediment control plans comply with the established erosion control regulations of Caltrana, the CDFG, and the ACOE. d. The Town Engineer will inspect the construction site as needed to ensure that construction activities are in compliance with erosion control regulations. e. The Town Engineer will verify that construction has been conducted in accordance with agency requirements. f. The Town Engineer will verify that the hydrological study and the plan for implementation of additional mitigation measures, if necessary, has been completed. g. The Town Engineer will verify that the additional measures, if necessary, are implemented. 4. AIR QUALITY Impact: Short-term increases in PMto will occur during project construction (i.e., during the summer to fall construction period in 1997 and 1998), as dust is created by construction vehicles and equipment. Mitigation Measure 4ac Open burning of vegetation cleared from the project area will be conditionally prohibited. Cleared vegetation shall be treated by legal means other than open burning, including chipping, sbxedding, or grinding. Open burning of cleared vegetation will be permitted only upon NSAQMD acceptance of documentation showing that alternatives are not possible or economically feasible. At no time shall materials generated by the proposed project be burned at another site, unless such action is approved in advance by the NSAQMD. Mitigation Measure 4b: Fugitive dust emissions resulting from clearing and other construction activities shall be minimized at all times to the satisfaction of the APCO. Measures such as the use of dust palliatives or the regular application of water shall be applied to minimize dust emissions. Access or haul roads to the project area will be treated as necessary to prevent offsite migration and accumulation of di~., soils, or other materials which could result in increased levels of PM~o. Mitigation Measure '4c: When transporting materials during site preparation or construction, measures shall be implemented to prevent materials from spilling or blowing onto streets and highways. Earthen materials shall be adequately sprayed with water prior to transport onto public roads. If requested by the NSAQMD, a dust control plan shall be prepared and approved prior to the initiation of ;ire preparation and construction. Approving Person/Agency: Town Engineer, APCO. Schedule: a. Preconstruction b. Construction Mitigation Monitoring Program, Page 6 Town's Responsibilities: Co During construction, the Town will dispose of graded vegetation by other means than by burning. In accordance with Mitigation Measure 2a, the Town shall submit to the NSAQMD a letter indicating specific dust control measures to be employed on-site for the duration of site preparation and construction. Dust controls may include applications of regularly applied water using mobile water trucks or sprinklers, graveling or paving haul roads, using truck load covers, using mud gates at site exits, or using chemical palliatives for soil treatments. These or other dust control methods will be utilized when and where necessary, to the satisfaction of the APCO, in order to prevent on-ske fugitive dust emissions, or off-site migration of fugitive dust or entrained soils. This letter must be submitted by the Town at least 30 days prior to initiation of site preparation, with subsequent approval by the NSAQMD prior to construction starmp. The Town Engineer will verify that the APCO has approved the method of vegetation disposal and the requirements of the NSAQMD have been met. The Town Engineer will verify that the APCO has approved the method of controlling fugitive dust emissions and the requirements of the NSAQMD are incorporated into the grading plan. If required, the Town will prepare a dust control plan for approval by the APCO. The Town will prevent spilling as directed above. Measure Re,dew: The Town Engineer shall verify that a dust control plan, if necessary, has been prepared and approved by the APCO. The Town Engineer shall verify that spilling is prevented during construction. 6, BIOLOGICAL RESOURCES Impact: The temporary loss of approximately 9,420 m2 and the permanent loss of approximately 13,480 m2 of vegetative communities, including wildlife habitat, will result from the proposed project. Because revegetafion measures, including replanting of trees, will be implemented as part of the proposed project, the loss of wildlife habitat will be mitigated to a less than significant level. Mitigation Measure 6a: During construction, care will be taken to limit the amount of disturbance to riparian habitat. Disturbance to the Truckee River and surrounding habitat will be limited to the extent feasible (thereby lessening the potential for impacts to special-status amphibian, reptile, bird, and mammal species). Erosion control measures (i.e., Caltrans Standard Specifications Type D Erosion Control) will be implemented during construction to limit siltation in the river and impacts to other special-status species habitat within the project area. Mitigation Measure 6b: As required and directed by the USFS, construction of the proposed project will comply with the applicable management requirements and constraints of the Tahoe National Forest Land and Resource Management Plan Riparian Area Management Guideline #46 and the Guidelines for Management in Riparian Areas and Streamside Management Zones (Appendix F, Guideline A-i; USFS 1990; Rick Maddalena, Tahoe National Forest, pers. comm.). Impacts to riparian vegetation will be limited during construction, and revegetation of this habitat so as to replace the riparian functions and Mitigation Monitoring Program, Page values lost will be completed. Erosion control measures will be implemented to limit impacts to the Truckee River and its fisheries. Mitigation Measure 6c: To prevent construction impac:s to nesting cliff swallows, exclusionary nemng will be hung from the existing bridge in early March of the year the bridge is to be demolished. Exclusionary, herring will not be necessary if the bridge is demolished between November and January, since swallows will not be present within the project area during that time and impacts are not expected. The proposed bridge will provide nest sites for swallows once the existing bridge is removed. Mitigation Measure 6d: As required by the CDFG as part of the 1601 Streambed Alteration Agreement, by the USFWS as part of the ACOE 404 Permit, and by the Town of Truckee's General Plan Conservation and Open Space Policies 1.3 and 1.4, the fiparian habitat that is temporarily disturbed during construction and the approximately 40 m2 of riparian community that will be permanently lost as a result of the proposed project will be revegetated. The approximately 40 m2 of riparian community, will be replaced in kind within the existing fight-of-way at a 3: I ratio (i.e., approximately 120 m: or 0.03 acres) so as to replace the riparian functions and values lost (Jeff Finn, CDFG, pets. corem; Mark Littlefietd, USFWS, pers. comm.). This replacement will result in no net loss of riparian vegetation. The Town will plant the appropriate numbers and species of trees and shrubs so that the mitigation area will resemble the project area prior to disturbance. Material that cannot be feasibly collected onsite will be obtained from a nursery source. The mitigation area will be actively irrigated for the first and second summers after planting, reducing the amount of irrigation by one half in the third summer, and ceasing the irrigation in the fourth summer. A ten year monitoring program will be completed, with intensive monitoring during the ~st three years, then less intensive monitoring in years five, eight, and I0. The Town will adhere to the success criteria established by the CDFG and the USFWS for the mitigation area, including replanting, as necessary. Approving Person/Agency: Town Engineer, USFS, ACOE, CDFG. Schedule: a. Construction b. Postconstruction Town's Responsibilities: The limits of construction within riparian areas and within the Truckee River will be clearly marked on construction drawings and, where possible, with construction reno;rog. Construction workers will be made aware of requirements to limit construction activities to designated areas. Erosion control measures will be implemented in accordance with Mitigation Measures 2a, 2b, 2c, and 3b. Impacts to riparian vegetation will be limited in accordance with Mitigation Measure 6a. Erosion control measures will be implemented in accordance with Mitigation Measures 2a, 2b, 2c, and 3b. Revegetation of riparian areas will be completed in accordance with Mitigar2oa Measure 6d. If demolition occurs outside the November to lanuary window, the Town shall hang exclusionary netting from the eMsting bridge in early March of the year of demolition. After construction is complete, the Town shall complete replanting, irrigation, and monitoring as discussed above. Monitoring shall be completed by a qualified representative of the Town and reports completed during years one through three, five, Mitigation Monitoring Program, Page eight, and 10. These reports shall be fi/ed with the CDFG and the USF'WS. If the revegetation efforts do not ad_here to agency success criteria, the Town shall implement necessary remedies as directed by the USFWS and the CDFG. Measure Review: During regular inspections of the construction site, the Town Engineer will verify that construction activities are limited to designated areas. The Town Engineer will verify that the USFS is satisfied with the measures being implemented. The Town Engineer shall verify that the exclusionary netting is in place in early March of the year of demolition. The Town Engineer shall verify that revegetation, irrigation, and monitoring efforts have been completed at the necessary intervals and that the ACOE and CDFG are satisfied with the revegetation efforts. 13. CULTURAL RESOURCES Impact: The charcoal oven within the project area is typical of many other ovens that have been inventoried in the region. The proposed project has the potential to impact this oven, however, with the implementation of the mitigation measure discussed below, these impacts are expected to be less than significant. While the prehistoric lithic scatter within the project area is sparse and has been greatly disturbed, therefore is not eligible for listing on the NRHP, it is located within an are." '~ith the potential to contain other prehistoric sites. The proposed project could impact this are= however archaeological monitoring during construction will render these impacts less than significant (see mitigation measures below). Mitigation Measure 13a: If artifacts (paleontological or archaeological) or unusual mounts of stone, bone, or shell are uncovered during construction activity, construction work shall be halted and a qualified archaeologist shall be consulted for an onsite review. Mitigation measures, as recommended by the archaeologist and approved by the Community Development Director in accordance with Appendix K of the CEQA Guidelines, shall be implemented prior to recornmencement of construction activities. If any bone appears to be of human origin, the Nevada County Coroner and the Native American Heritage Commission will be contacted. Mitigation MeasUre 13b: Trenching or grading in the area of the bulldozed refuse deposit and the prehistoric lithic scatter will be monitored by an archaeologist. If artifacts or other resources are found, construction work shall be halted and appropriate mitigation implemented. Mitigation .Measure 13c: A sample of charred wood present on the charcoal surface oven will be retrieved for dendrochronological dating. The oven itself need not remain in place, since numerous similar ovens are present within the project vicinity. However, none of these ovens has been precisely dated and knowledge of their period of use is imprecise. Approving Person/Agency: Town Engineer. Schedule: a. Preconstruction Mitigation Monitoring Program, Page 9 b. Consu'uction Towu's Respondhilitie~: a. The Towll sh~lI hire a. q~m{ified archaeologist to complete the required monitoring, ff artifacts are discovered, construction shall be ceased in accordance with Mitigation Measure 13a. Prior to the start of construction, the Town will hire a qualified archaeologist to complete the removal of the charred wood. M~-~t~re Review: If artifacts are discovered, the Town Engineer shall verify that construction activities have ceased and appropriate measures ~mplemented before construction is restarted. The Town Engineer shall verify that a qa,alified archaeologist bas been hired to complete the required monitoring. In accordance with Mitigation Measure 13a, if artifacts are discovered, the Town Engineer shall verify that construction activities have ceased and appropriate measures implemented before construction is restarted. Town Engineer shall verify that the artifact has been removed prior to the start of construction. Mitigation Monitoring Program, Page I0 MITIGATION REPORTING PROGRAM MYrlGATION REPORTING PROGRAM C'~.CI~ J~T GLENS~IRE DRIVE BRmGE REPLACEME~NT PROJECT NEGATIVE DECLARATION Mitigation Reporting .Milestone Reporting/ Measure Responsible N,~mher Par~ Verification of Compliance Initlaln Date Remarks 2a Preconstruction Twn Engr Construction Twn Engr Postconstruction Twn Engr 2b Preconstruction Twn Engr Construction Twn Engr Postconstruction Twn Engr 2c Preconstruction Twn Engr Construction Twn Engr Postconstruction Twa Engr 3a Preconstruction Twn Engr Construction Twn Engr Postconstruction Twn Engr Mitigation Monitoring Program, Page I1 MITIGATION R~PORTING PROGRAM CuECKLI~T GLF~NS~r~E DRIVE BRIDGE REPLACEMI~NT PROJECT NEGATIVE DE~.ARATION Mitigation Reporting Milestone Reporting/ Measure Responsible Number Part? Verification of Compliance Initials Date Remarks 3b Preconstrucfion Twn Engr Con~uuction Twn Engr Postconstruction Twn Engr 3c Preconstruction Twn Engr Construction Twn Engz Postconstruction Twn Engr 4a Con~uuction Twn Engr APCO 4b Preconstruction Twn Engr APCO Cons~ructlon Twn Engr Mitigation Monitoring Program, Page 12 MITIGATION REPORTING PROGRAM C~r~CKT,IST Gr.gNSWrRE DRIVE BRIDGE REPLACE~NT PROJECT NEGATIVE DECLARATION Mitigation Measure Number Reporting Milestone Reporting/ Rmponnible Part~ Verification of Compliance Initiala Date Remarks Prcconslrucfion (if required) Twn Engr APCO Conslrucfion Twn Engr 6a Construction Twn Engr 6b Construction Twn Engr USFS Postconsmmtion Twn Engr 6c Construction Twn Engr 6d Postcon~truction Twn Engr ACOE CDFG 13a Construction Twn Engr 13b Construction Twn Engr Mitigation Monitoring Program, Page 13 M]TIGATION RF. PORTI?q'G PROGRA.~ CI:I~.CICLIST GL1E. NSFITRE DRIVE BRI~DGE REPLACEM~,NT PROJECT NEGATIVE DECLARATION Mitigation Measure Number Reporting Milestone Reporting/ Responsible Verification of Compliance Initials Date Remarks 13c Preconstruc~on Twn Engr