Crystal Geyser Roxane: Beverage Bottling Plant
Transcription
Crystal Geyser Roxane: Beverage Bottling Plant
Final Environmental Impact Report Crystal Geyser Roxane: Beverage Bottling Plant Light Industrial Project SCH#2002121051 Submitted to: Inyo County Planning Department Submitted by: Quad Knopf, Inc. April, 2005 Final Environmental Impact Report CRYSTAL GEYSER ROXANE: Beverage Bottling Plant Light Industrial Project SCH #2002121051 Submitted to: Inyo County Planning Department Jan Larsen, Senior Planner 168 North Edwards Street Independence, CA 93526 (760) 878-0263 Submitted by: Quad Knopf, Inc. Eugene E. Smith, AICP, Principal-in-Charge & Project Manager One Sierragate Plaza, Suite 270C Roseville, CA 95678 (916) 784-7823 April, 2005 02426 TABLE OF CONTENTS Section 1 – Introduction 1.1 1.2 1-1 Purpose Scope and Format 1-1 1-1 Section 2 – Overview of Comments Received 2.1 2.2 2.3 2-1 Public Review and Comment Procedures Inyo County’s CEQA Procedures Agencies and Individuals Who Commented on the Revised Draft EIR Section 3 – Responses to Comments Appendix A 2-1 2-1 2-4 3-1 Revised Executive Summary Table i Section 1 Introduction SECTION 1 INTRODUCTION 1.1 PURPOSE The Crystal Geyser Roxane Bottling Plant and Light Industrial Draft Environmental Impact Report (Draft EIR) was prepared to disclose, analyze, and provide mitigation measures for potentially significant environmental effects associated with the 120 acre project. Preparation of an environmental impact report is a requirement of the California Environmental Quality Act (CEQA) for all discretionary projects in California that have a potential to result in significant environmental impacts. CEQA requires that a Final EIR be prepared, certified and considered by public decision makers prior to taking action on a project. The Final EIR provides the Lead Agency (i.e., Inyo County) an opportunity to respond to comments received on the Draft EIR during the public review period and to incorporate any additions or revisions to the Draft EIR necessary to clarify or supplement information contained in the Draft document. Following the December 29, 2004 submittal of the Draft EIR, a public review period was held from December 30, 2004 to February 14, 2005. This document includes the responses to comments received during the public review period and any other errata or changes necessitated by comments on the Draft EIR. The Draft EIR and this responses to comments document constitute the Final EIR for the Crystal Geyser Roxane Bottling Plant and Light Industrial Project. 1.2 SCOPE AND FORMAT This Section 1 introduces and outlines the purpose, scope, and format of the Final EIR. Section 2 explains the public review process and lists all agencies and individuals who commented on the Draft EIR. Section 3 consists of the actual letters of comment, reproduced in their entirety, Meeting Notes on the Draft EIR made at the January 20, 2005 Public Input Meeting, and the responses to each written comment received on the Draft EIR. Each response follows the associated letter or document. Each letter and document has been numbered (e.g., Letter 1, Letter 2). Within each letter or document, individual comments are assigned an alphanumeric identification. For example, the first comment of Letter 1 is Comment 1A, and the second is Comment 1B. Included within the Appendix is a Revised Summary Table of Impacts and Mitigation Measures and Mitigation Monitoring Program. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant 1-1 April, 2005 Section 2 Overview of Comments Received SECTION 2 OVERVIEW OF COMMENTS RECEIVED 2.1 PUBLIC REVIEW AND COMMENT PROCEDURES CEQA requires public disclosure in an EIR of all project environmental effects and encourages public participation throughout the EIR process. As stated in Section15299 of the CEQA Guidelines, the purposes of public review of environmental documents are: 1) 2) 3) 4) 5) 6) sharing expertise disclosing agency analyses checking for accuracy detecting omissions discovering public concerns soliciting counter proposals Section 15201 of the CEQA Guidelines states that “Public participation is an essential part of the CEQA process.” A public review period of no less than 30 days nor longer than 60 days is required for a Draft EIR under Section 15087(c) of the CEQA Guidelines. If a State agency is a lead or responsible agency for the project, the public review period shall be at least 45 days. As required under CEQA, the Draft EIR was published and circulated for review and comment by responsible and trustee agencies and interested members of the public. The public review period established ran from December 30, 2004 to February 14, 2005. On January 20, 2005 the Inyo County Planning Department held a Public Input Meeting in Olancha, CA on the Draft EIR in order to receive comments and to share information with the public. All written comments received on the Draft EIR and oral comments received during the January 20, 2005 Public Input Meeting are addressed herein. 2.2 INYO COUNTY’S CEQA PROCEDURES Title 15 of the Inyo County Code includes CEQA procedures to be followed by the County in its administration of CEQA and processing environmental documents. The following sections of the Inyo County Code are reprinted in relevant part to describe the County’s public review process for a Draft Environmental Impact Report. Section 15.36.050, Notice of Completion of a Draft EIR. As soon as the Draft EIR is completed and ready for public circulation, the Planning Department shall file a notice of completion with the Governor's Office of Planning and Research. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant 2-1 April, 2005 Section 15.36.060, Public Notice of a Draft EIR. Within ten working days of accepting the Draft EIR, the Planning Department shall publish, in a newspaper of general circulation in the County, notification that a Draft EIR is available for public review and comment. The public notice shall specify the review period, identify any public meetings or hearings on the project, briefly describe the project and its significant environmental effects, and state where the proposed EIR and all reference documents are available for review. It must also include a statement indicating whether the project is on a listed toxics site. The Planning Department shall inform by mail interested groups and citizens who have requested such notification in writing of the availability of the Draft EIR. Section 15.36.070, Review Period for a Draft EIR. The Planning Department shall establish a review period termination date that shall be observed unless conditions arise during the review period to warrant an extension of the review period. The minimum public review period will be 30 days (for projects not requiring State Clearinghouse review) or 45 days (for projects requiring State Clearinghouse review), unless the Planning Commission determines that it would be in the public interest to provide a longer review period. Section 15.36.080, Public Distribution of a Draft EIR. The Planning Department shall distribute copies of the Draft EIR to facilitate the public review. Copies of the Draft EIR shall be mailed to departments, agencies, groups, and individuals that may, in the Department's judgment by reason of expertise, jurisdiction, and interest, assist the County with its review of the Draft EIR. In addition, at least one copy shall be mailed to the County library for public review. Each Draft EIR shall be accompanied by a letter of transmittal indicating the end of the review period and the departmental contact person. Section 15.36.090, Public Hearing on a Draft EIR. The Planning Commission shall hold a public hearing on the Draft EIR. Notice of the public hearing shall be as follows: 1. Notification by mail to the applicant and all individuals and organizations who commented in writing during the public review period. 2. Notification in a newspaper of general circulation in the area of the proposed project. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant 2-2 April, 2005 Section 15.36.100, Comments on the Draft EIR. Public comments must be received by the Planning Department within the specified review period. Failure to receive written comments by the end of the review period shall be considered a presumption of no comment. The County shall not be obligated to respond to comments received after the termination of the review period, unless the Planning Commission determines that the public interest would be served by doing so. Section 15.36.110, Evaluation of Responses to Comments. After the review period for the Draft EIR closes, the Planning Department shall assemble all written comments and transcripts of comments made at the public hearing(s). These comments shall be transmitted to the consultant or public department or agency responsible for preparing the EIR. Planning Department staff shall determine which comments address environmental impacts and mitigation. These comments must be responded to. Comments addressing the following issues do not require a response, but should be noted for the record: 1. Comments addressing the merits of the project (as distinguished from environmental impacts of the project). 2. Comments beyond the scope of environmental review (such as legal interpretations). 3. Comments on impacts too speculative for evaluation. 15.36.120, Recirculation of Draft EIR. If "significant new information" is added to the EIR after the close of the public comment period but before certification, the County must provide a second public review period and recirculate the Draft EIR for comments. New information is considered "significant" when the EIR is changed in a way that deprives the public of a meaningful opportunity to comment. This occurs when the new information discloses: 1. A new substantial environmental impact resulting from the project or from a new mitigation measure proposed to be implemented. 2. A substantial increase in the severity of an environmental impact unless mitigation measures are adopted that reduce the impact to a level of insignificance. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant 2-3 April, 2005 3. A new feasible project alternative or mitigation measure that clearly would lessen the environmental impacts of the project, but which the project's proponents decline to adopt. 4. The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that public comment of the draft was, in effect, meaningless. New information is not "significant" when it merely clarifies, amplifies, or makes insignificant modifications to an adequate EIR. Substantial evidence must support the County's decision not to recirculate an EIR. 15.36.130, Contents of the Final EIR. The Final EIR shall consist of the Draft EIR, a list of persons and organizations who made comments, comments received, and responses to comments. 2.3 AGENCIES AND INDIVIDUALS WHO COMMENTED ON THE DRAFT EIR Letter 1: Terry Roberts, Governor’s Office of Planning and Research Letter 2: Anna O. Zacher Letter 3: Gayle J. Rosander, IGR/CEQA Coordinator, California Department of Transportation, District 9 Letter 4: Denyse Racine, Supervisor, Habitat Conservation Program, Department of Fish & Game, Eastern Sierra-Inland Deserts Region Letter 5: Gene L. Coufal, Manager, Aqueduct Business Group, City of Los Angeles Department of Water and Power California Public Input Meeting Notes, Crystal Geyser Roxane Draft EIR Meeting, January 20, 2005, Olancha, CA. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant 2-4 April, 2005 Section 3 Responses to Comments SECTION 3 RESPONSES TO COMMENTS This section contains the letters of comment that were received on the Draft EIR, and Public Input Meeting Notes made at the January 20, 2005 public meeting that was held on the Draft EIR. Following each comment letter and the Meeting Summary is a response intended to either supplement, clarify, or amend information provided in the Draft EIR, or refer the commentor to the appropriate place in the Draft EIR where the requested information can be found. Those comments that are not directly related to environmental issues are noted for the record. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant 3-1 April, 2005 Letter 1 LETTER 1 Terry Roberts, Governor’s Office of Planning and Research Three separate letters on State Clearinghouse letterhead were received. The first letter, dated February 15, 2005, specified that no State agency comments were received by the filing deadline. Two subsequent letters were received from the State Clearinghouse (February 23, 2005 and February 24, 2005) acknowledging that comment letters were received late. The three State Clearinghouse letters are reprinted herein and referred to collectively as Letter 1. All comment letters received by the Clearinghouse and forwarded to the County are reprinted and responded to below. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 1 Response to Comments April, 2005 Letter 2 A B C D LETTER 2 Anna O. Zacher Letter 2, dated February 14, 2005, is responded to in the following paragraphs. A second letter addressed to the County Planning Commission from Anna O. Zacher, dated March 9, 2005, is also reprinted herein. Because the March 9, 2005 letter primarily addresses the project rather than the EIR, a point by point response is not provided, and the letter is included only to ensure a complete record of comments received prior to Final EIR publication. Response 2A: The commentor believes the project description is confusing. The project description contains two Phases: Phase 1, a 10 acre bottling plant and Phase II, the rezoning of 110 additional acres of land; the applicant has proposed no specific development for this portion of the project site. For the purpose of clarification, the “Alternative Project Design” heading on page 2-6 should read: “Reduced Project Size Alternative.” Under this alternative, the General Plan designations and zoning classifications would be changed as requested, and would apply to the 10 acre bottling plant (as outlined in Phase 1 of the project description), and to an additional 20 acres of land for which there are no specific plans. Response 2B: The commentor is concerned that a Phase II is inadequately evaluated. A project level Draft EIR has been prepared for Phase 1 of the project. A project level EIR is described in Section 15161 of the CEQA Guidelines as one that examines the environmental impacts of a specific development project. The applicant has proposed no specific development plans for the portion of the project site not included in Phase 1. The future development of the project site is designated Phase II and is examined in this Draft EIR at a programmatic level as described in Section 15168 of the CEQA Guidelines. Section 15168 does not require that a program level EIR analysis specifically list all subsequent activities that may be within its scope. Section 1.3 of this EIR delineates the differences between project and program EIRs, and the applicability of the terms in the context of this EIR. Page 2-5 states that this Draft EIR presents an evaluation of the environmental impacts that could result from the future development of an industrial park on the 100-acres of the project site not used for the Phase I bottling plant. This includes, but is not limited to Phase II discussions of Land Use (4-7), Traffic and Circulation (4-7), Air Quality (4-7), Noise (4-7), Light and Glare/Aesthetics (4-7), Fire Hazards/Risk of Upset and Accident Conditions (4-7), Population and Housing (4-8), Public Services and Facilities (4-8), Hydrology and Water Quality (4-8), Biological Resources (4-8), and Cultural Resources (4-8). Without a specific project description, exact statements regarding the end use of the acres to be included in Phase II is not possible. A detailed list of uses which are allowed under M-2 zoning is provided on page 3-3 of the Draft EIR. An appropriate analysis of relevant land use considerations is included on pages 3-7 and 3-8 of the Draft EIR. Aesthetic considerations for a future “industrial complex” pertaining to Phase II, is located on page 3-42. Land use changes are described as potentially significant and cumulative (p. 3-8); “The proposed project does not include any specific development proposals Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 2 Response to Comments April, 2005 for Phase II, but such development will constitute a substantial change in the foreground views from U.S. Highway 395” (p. 3-42). Response 2C: Commentor believes Phase II should have its own EIR and that discussion of the preferred alternative is unclear. See Responses 2B and 2D regarding project level and program level analysis, and tiering of EIRs. As stated in Response 2A, the ‘Reduced Project Size Alternative” should imply that General Plan designations and zoning classifications would be changed as requested, and would apply to the 10 acre bottling plant (as outlined in Phase 1 of the project description), and to an additional 20 acres of land for which there are no specific plans. Response 2D: Commentor wants separate environmental evaluation for Phase II and believes only the 10 acre bottling plant site is adequately evaluated in the EIR. The Program level analysis covers issues known at this time; which does not relieve the project of subsequent environmental review using the tiering process described under CEQA Guidelines 15152(c). Where a Lead Agency uses the tiering process in connection with an EIR for a large-scale planning approval, such as the proposed 100-acres of M-2 zoning, the development of detailed, site-specific information may not be feasible but can be deferred until such time as the Lead Agency prepares a future environmental document in connection with a project of a more limited geographic scale. This program EIR implies subsequent review processes, which will incorporate and build upon the findings of this document. Any actual build-out will also require discretionary approval on the part of the County; the bottom of page 2-5 explicitly states Phase II development would be subject to a requirement that it must be consistent with the General Plan designations and Zoning Code classifications that apply to the site, and with the development standards for development in the M-2 Zone that are set forth in Zoning Code, Section 18.56.050. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 2 Response to Comments April, 2005 Letter 3 A B C D E F G H I LETTER 3 Gayle J. Rosander, IGR/CEQA Transportation, District 9 Coordinator, California Department of Response 3A: The California Department of Transportation (Caltrans) thanks Inyo County for the opportunity to comment on the Draft EIR. Comment noted. Response 3B: The comment identifies the need for a northbound left turn lane and a southbound right turn lane. These features were identified in the Draft EIR, although the design footprint suggested by Caltrans is slightly longer than noted in the Draft EIR. The comment also indicates that ¼ mile long acceleration lanes would be required by Caltrans on both northbound US 395 and southbound US 395 leaving the site. This improvement was not identified in the Draft EIR based on the relatively limited number of trucks accessing the site under Phase I conditions. The Draft EIR did, however, acknowledge that additional improvements to US 395 could be needed to accommodate Phase II traffic. From telecommunication with District 9 it is understood that it is Caltrans’ position that the need for acceleration lanes is not linked to the number of trucks accessing the site and that any use involving any number of trucks will require this level of improvement. The comment noted that the length of a northbound acceleration lane would be limited by the width of the bridge over the Los Angeles Aqueduct about 500 feet north of the proposed access. The comment notes that most truck traffic will be oriented to the south. The presence of the bridge north of the project access would limit the length of any northbound acceleration lane constructed in this area. While a loaded truck may reach a speed of 40 to 45 mph at the end of a ¼ mile acceleration lane, the speed reached at the end of a 500 foot lane would only be 30 to 35 mph. Options to provide the required ¼ mile distance were investigated in consultation with District 9. Theoretically, it would be necessary to widen the bridge to provide a longer lane, but the costs associated with this improvement would be high and approval would have to be acquired from other agencies. Thus, this option may not be feasible. Theoretically, it may be possible to construct an access road to an alternative U.S. Highway 395 access on the north side of the bridge, but the amount of project frontage in this area is limited, and acquisition of additional property would likely be required to place the new access at least ¼ mile north of the bridge. Thus, this option does not appear feasible. The Draft EIR noted a long-term option associated with the eventual elimination of the connection to U.S. Highway 395 at the project access. This option involved creation of a frontage road to a grade separation some distance south of the site. However, the distance involved appears to make this option infeasible in the short-term Another option discussed with District 9 would involve prohibiting outbound left turns by trucks. Instead, all trucks would turn right onto southbound U.S. Highway 395. Those trucks ultimately headed north would make a u-turn at an existing median opening located to the south of the Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 3 Response to Comments April, 2005 project access. Improvements to provide northbound acceleration opportunities at this location would not be constrained by the bridge. Response 3C: The comment acknowledges Caltrans jurisdiction over the State highway and notes that Caltrans will require the highest standard for safety in project access design. It is important to note that the design requirements established by Caltrans for work in the state right of way are not limited by the findings of the EIR. Thus, District 9 has ultimate authority to approve the nature and design of project access. The Draft EIR identifies the need for a northbound left turn lane that provides 530 feet of deceleration. This requirement was based on the declaration requirements of Highway Design Manual (HDM). The Draft EIR identifies the need for a southbound right turn lane that is 200 to 300 feet long, preceded by a bay taper of 60 to 90 feet. This distance was selected based on experience with lanes at other locations on the state highway system but was not intended to deliver full deceleration from 60 mph, which would require the distance noted for the northbound left turn lane. Response 3D: The comment letter states that Caltrans sees no need for an agreement or fees for a desert tortoise exclusion fence. The mitigation measure was put forth by project biologists Mark Bagley and Denise LaBerteaux as a potentially feasible means of dealing with an issue of regional interest. As noted in the Draft EIR, there are no desert tortoise threatened on the site or in the vicinity of the site. The region-wide implications of increases in traffic on U.S. Highway 395 over time to biological resources can only be directly dealt with by Caltrans. Because Caltrans does not propose to participate in the proposed mitigation, Mitigation Measures #3.1011 and #3.10-12 are hereby amended to read as follows: Mitigation Measure #3.10-11: In the event Caltrans or other multi-county entity creates a mechanism to provide fair share funding for a desert tortoise exclusion fence along portions of U.S. Highway 395 prior to buildout of the Crystal Geyser Roxane project site, Crystal Geyser or its successors shall contribute a fair share, based on trips that would be generated. Effectiveness of Measure: Although the off-site impact to desert tortoise is identified as potentially significant, the actual nature of the impact and the effectiveness of this mitigation measure are indeterminable. Further, in accordance with CEQA Guidelines Section 15091(a)(2) the proposed mitigation is not within the jurisdiction of Inyo County, but can or should be adopted by another agency. Although the exclusion fence could reduce tortoise mortality by vehicle strike, due to the lack of jurisdiction and indeterminable nature of the impact, this impact remains potentially significant and unavoidable. Phase I impacts to other reptiles are not expected to be significant. These species should benefit from mitigation measures proposed for Mohave ground squirrels. No mitigation is necessary for other reptiles. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 3 Response to Comments April, 2005 Implementation/Monitoring: Compliance with this measure shall be a condition of approval of the Conditional Use Permit. Monitoring will be the responsibility of the Inyo County Planning Department. Mitigation Measure #3.10-12: In the event Caltrans or other multi-county entity creates a mechanism to provide fair share funding for a desert tortoise exclusion fence along portions of U.S. Highway 395 prior to buildout of the Crystal Geyser Roxane project site, Crystal Geyser or its successors shall contribute a fair share, based on trips that would be generated. Effectiveness of Measure: Although the off-site impact to desert tortoise is identified as potentially significant, the actual nature of the impact and the effectiveness of this mitigation measure are indeterminable. Further, in accordance with CEQA Guidelines Section 15091(a)(2) the proposed mitigation is not within the jurisdiction of Inyo County, but can or should be adopted by another agency. Although the exclusion fence could reduce tortoise mortality by vehicle strike, due to the lack of jurisdiction and indeterminable nature of the impact, this impact remains potentially significant and unavoidable. Phase I impacts to other reptiles are not expected to be significant. These species should benefit from mitigation measures proposed for Mohave ground squirrels. No mitigation is necessary for other reptiles. Implementation/Monitoring: Compliance with this measure shall be a condition of approval of the Conditional Use Permit. Monitoring will be the responsibility of the Inyo County Planning Department. Response 3E: The comment letter asks that the reference to U.S. Highway 395 in the last sentence of the last paragraph of Mitigation Measure #3.10-5 be replaced with “in project vicinity.” The last paragraph of Mitigation Measure #3.10-5 is hereby modified to read as follows: To mitigate for indirect impacts associated with a potential increase in the common raven population near the site, the lids on all trash receptacles at the bottling plant shall fit tightly and be kept closed. Waste shall be removed from the site as often as necessary to reduce the potential to overflow receptacles. In addition, Crystal Geyser Roxane shall sponsor a litter collection program in the project vicinity to reduce trash and to further decrease the probability of attracting common ravens. Response 3F: The comment letter provides a contact for encroachment permit information. Comment noted. Response 3G: The comment letter notes that a Caltrans shoulder-widening job is scheduled for 2006, which should take place prior to Phase I of the project. Comment noted. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 3 Response to Comments April, 2005 Response 3H: The comment notes that the Olancha/Cartago 4-lane widening project is now scheduled for 2018 and discusses issues with maintaining site access in the future as that improvement project is completed. The Draft EIR acknowledged that access to the site would be affected by long term plans to widen US 395. Development of alternative access at that time and the need for additional assessment was acknowledged (pages 3-22 and 3-23). Response 3I: Caltrans asks that relevant project information continue to be forwarded. Comment noted. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 3 Response to Comments April, 2005 Letter 4 A B C D E F G H I I cont. J K L M N N cont. O P Q R S S cont. S cont. T U V W LETTER 4 Denyse Racine, Supervisor, Habitat Conservation Program, Department of Fish & Game, Eastern Sierra-Inland Deserts Region California Response 4A: The commentor reports that the California Department of Fish and Game (CDFG) has reviewed the Draft EIR. Comment noted. Response 4B: The commentor describes CDFG’s statutory and other responsibilities. Comment noted. Response 4C: The comment letter notes that the list of “Agency Actions” and Permits does not include the need for an Incidental take Permit for Mohave ground squirrel and a Streambed Alteration Agreement. Although it cannot be known with certainty that all of the listed permits will be required, Section 1.5 of the Draft EIR is hereby revised to add to Table 1-1 an “Incidental Take Permit” pursuant to Section 2081 of the Fish and Game Code and a “Streambed Alteration Agreement” pursuant to Section 1603 of the Fish and Game Code. Response 4D: The commentor is concerned that the impact analysis for groundwater may not be adequate given the three limitations noted in Mitigation Measure #3.9B-1. However, this mitigation measure is designed to address these limitations by establishing a five-year minimum groundwater monitoring program and performance standards, which require specific steps to be taken to address any long-term decline in groundwater levels attributable to Phase I or Phase II of the project. In addition, projects proposed under Phase II will require additional environmental review since this aspect of the project was analyzed at a program level. Also, see Responses to Comments 2B and 2D. Response 4E: The commentor asks whether the cumulative impact analysis of groundwater levels could not be used to perform a more detailed analysis of potential impacts on private wells adjacent to the project site. The cumulative analysis is focused on the groundwater budget— overall pumping and recharge—for the Owens Lake Subbasin. Such an analysis does not take into account the role complex subterranean geology plays in how the operation of one well can affect the operation of another nearby well. Additional environmental review, including further analysis of groundwater impacts, will be required for any projects developed as part of Phase II. Also see Responses to Comments 2B and 2D. Response 4F: The comment letter asks for the reason a five-year minimum time period for groundwater monitoring was chosen for Mitigation Measure #3.9B-1 when the model of impacts to groundwater used in the Draft EIR extends over a 10-year period. To address this inconsistency, the monitoring period for Mitigation Measure #3.9B-1 is hereby modified to be consistent with the time frame for the groundwater analysis: Mitigation Measure #3.9B-1: Because of the uncertainty of the Theis Equation in predicting groundwater drawdown impacts to adjacent wells, and the fact that the applicant did not utilize the potential maximum groundwater pumping rate in completing the well interference analysis, or factor in the combined effect of multiple wells associated with development of the Industrial Park, the applicant Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 4 Response to Comments April, 2005 shall develop and implement a groundwater monitoring program for an initial 10 year minimum period, with additional monitoring required for 5 years following the drilling and installation of any new water supply wells. The groundwater monitoring program shall include the drilling and installation of at least 3 small diameter observation wells within ½ mile to the north, south, and east of the CG-2 production well. The observation wells shall be monitored at least quarterly for groundwater levels. If possible, the wells shall be integrated into the groundwater monitoring network and database maintained cooperatively by LADWP and the Inyo County Water Department. Criteria for determining if an adjacent water supply is adversely impacted shall use the procedures outlined in the Green Book for the Long-term Groundwater Management Plan for the Owens Valley and Inyo County. This includes the use of any available groundwater models and aquifer tests, and the establishment of new monitoring wells drilled to the same depth as adjacent private wells to monitor groundwater depths. If the monitoring wells show a consistent long term decline in groundwater levels that cannot be explained by climatic fluctuations, or similar trends in other wells not thought to be potentially impacted by the CG-2 well, then the applicant shall be responsible for deepening the affected wells, resetting and replacing pumps at lower levels, or drilling and completing new replacement wells for any adversely impacted wells. Response 4G: The commentor requests that Mitigation Measure #3.9B-3 be revised to include more specific information about who will be responsible for determining the exact location of the wells, how the locations will be determined, who will be responsible for installing and maintaining the wells and what number of wells will be necessary to monitor the potential impacts. The commentor also states that to determine the baseline, monitoring should take place one to five years prior to use of the Crystal Geyser production well. See Response to Comment 4H. Response 4H: The commentor states that Mitigation Measure #3.9B-3 does not specify how the “baseline” flow for Olancha Spring would be established, who would be responsible for determining the baseline, and what time frame would be required for determining the baseline. To respond to these concerns and those summarized in Response to Comment 4G, Mitigation Measure #3.9B-3 is hereby amended as follows: Mitigation Measure #3.9B-3: Because of the biological significance of the spring, and the uncertainty over potential impacts of groundwater withdrawal from the CG-2 production well, as well as other potential future onsite wells, on the spring, a program of groundwater and spring monitoring shall be conducted as a condition of project approval. At least two shallow observation or monitoring wells (20 feet deep) shall be established in the groundwater body supplying the spring and both sides of the fault to determine if project site wells will impact the spring. The well locations Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 4 Response to Comments April, 2005 shall be selected based on the direction of groundwater flows feeding the spring. A baseline of spring flow shall also be established after a one-year period of monitoring. The CG-2 well shall not be used, and other wells shall not be developed, for a minimum of one year after implementation of the Olancha Springs monitoring program to ensure that the recorded baseline flow for Olancha Spring reflects pre-project conditions. Monitoring of the shallow wells at Olancha Spring shall be continued quarterly for a minimum of 5 years after installation of all wells on the project site, with an annual report filed with the Inyo County Planning Department and Inyo County Water Department on the results of the monitoring, along with any conclusions and recommendations. If possible, the monitoring information shall be integrated into the spring monitoring database maintained by the Inyo County Water Department. The monitoring well information shall be interpreted in conjunction with an analysis of rainfall patterns and trends in other shallow zone wells and spring observations being conducted by LADWP and Inyo County throughout Owens Valley, to verify that changes in spring flow and water levels in the perched water table are a result of the project, and not due to climatic fluctuations, fault movement, or other causes. Inyo County’s Green Book shall be used as the basis for procedures for establishing the monitoring program and interpreting results, and developing follow up mitigations. If the data analysis shows that project site wells are having an effect on the spring, then the applicant shall develop a mitigation plan to offset the impacts. Suitable mitigations for minor impacts on flow could include enhancing, restoring, and protecting other natural springs and seeps located on the west side of the Owens Valley. In order to recognize a change in the wetland vegetation or wildlife populations that might be caused by the project, baseline information on the current conditions at the spring, prior to project pumping, shall be documented. The baseline biological document shall include low level aerial photography of the spring to document the extent of the wetland vegetation; a survey to determine the plant species composition and structure at the spring; and a survey to obtain a population estimate for the Owens Valley vole and to determine if Wong’s springsnail occurs. If the long term monitoring indicates biological impacts are occurring due to pumping, then the applicant will be required to reduce pumping to a level that does not create such impacts, or provide other appropriate compensatory mitigations measures to the satisfaction of the CDFG and Inyo County, including enhancing and restoring other springs in southwest Owens Valley. Effectiveness of Measure: This mitigation measure will determine if the proposed CG-2 production well, combined with other wells associated with the build-out of the industrial park, is adversely affecting the nearby spring. If the spring is affected, then a plan for remediation and/or restoration will be developed. Although this will reduce the impact to the spring, it will not reduce it to a less than significant level, because it cannot now be proven that the spring will not be Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 4 Response to Comments April, 2005 adversely affected. unavoidable. This will impact will remain potentially significant and Implementation/Monitoring: The applicant will be required to develop and implement a detailed groundwater monitoring program. This monitoring plan shall be developed under the supervision of a certified hydrogeologist in consultation with a qualified biologist knowledgeable in the area of springdependent biological resources (such as an aquatic ecologist). The consulting hydrogeologist shall be responsible for selecting the appropriate locations of the shallow monitoring wells to ensure that any impacts to the spring that could be due to operation of the Crystal Geyser production well can be detected. The hydrogeologist shall also be responsible for ensuring that the wells are properly installed, that monitoring occurs on a quarterly basis, and for establishing the baseline flow for Olancha Spring. The biologist shall be responsible for establishing the baseline for any biological resources dependent upon the Olancha Spring using aerial photography and field observations of spring-dependent vegetation. The biologist shall also be responsible for detecting and recording any significant changes from the baseline, including but not limited to a 20% dieback in vegetative cover of obligate wetland species and consulting with the hydrogeologist to determine the extent to which the change is due to a loss of spring flow caused by project site pumping. Monitoring plan approval and technical review of the monitoring program will be overseen by the Inyo County Water Department, which will provide support to the Inyo County Planning Department. Monitoring will be conducted quarterly for a minimum of 5 years after installation of all wells, with an annual report filed with the Planning Department and Water Department on the results of the monitoring, along with any conclusions and recommendations. The Water Department will be entitled to recover fees for service based on actual staff review time of the monitoring information submitted by the applicant. The monitoring information will be considered public information and can be used by Inyo County as part of their management planning activities. Enforcement of the monitoring and spring restoration mitigation requirements will be the responsibility of the Inyo County Planning Department, working in cooperation with the Inyo County Water Department. Any successors to the applicant shall be required to participate in the monitoring program, which shall be made a condition of any future entitlements or other land use approvals granted on the 120 acre site. Response 4I: The commentor states that it is unclear whether future project proponents will be required to participate in the monitoring program. Modifications have been made to Mitigation Measure #3.9B-3 to address this concern. See Response to Comment 4H. Response 4J: The commentor seeks clarification on the length of the monitoring program. The monitoring program would begin one year prior to any additional pumping on the site and Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 4 Response to Comments April, 2005 continue for five years after installation on the last onsite well. See clarifications made under Response to Comments 4f and 4H. Response 4K: The comment letter states that Mitigation Measure #3.9B-3 does not define the “effect,” biological impact, or the extent of impacts that would trigger mitigation. Mitigation Measure #3.9B-3 has been modified (see Response to Comment 4H) to define a significant effect as including but not limited to a 20% die-back in vegetative cover of obligate wetland species. If, after analysis of hydrological data, the effect is shown to be a result of use of the Crystal Geyser production well, mitigation of this effect would be triggered. Response 4L: The commentor points out the need for clarifications in the drafting of Mitigation Measure #3.9B-3 related to future wells. See Response to Comment 4H. Since no specific projects have been proposed under Phase II, it is not clear whether these uses would draw water from CG-2 or from wells that have yet to be developed. To the extent that detailed project information was unavailable, Phase II was analyzed at a programmatic level. Usage of groundwater by future projects proposed for the project site will require subsequent environmental review. Also see Responses to Comments 2B and 2D. Response 4M: The comment letter asserts that Mitigation Measure #3.9B-3 is not detailed enough to constitute a “realistic performance standard that will ensure mitigation of environmental effects,” and defers mitigation. The County disagrees. Mitigation Measure #3.9B-3, as revised under Response to Comment 4H describes the monitoring program in detail, who is responsible for carrying it out, and provides a measurable standards for environmental effects that require mitigation. The measure also describes the parties responsible for ensuring that the mitigation occurs. The performance based mitigation that is described is acceptable under CEQA and does not defer an action that can or should be taken now. A mitigation plan can only be prepared after real world groundwater monitoring is performed, as acknowledged by the commentor in previous comments. Response 4N: The commentor questions the feasibility of spring restoration or enhancement projects as suggested by Mitigation #3.9B-3. Specifically, Mitigation Measure #3.9B-3 states that mitigation “…could include enhancing, restoring and protecting other springs…” The reference is included to simply provide examples of avenues that could be explored in the mitigation plan. The details suggested by the commentor would be included in any mitigation plan that would be prepared, if an affect were to be documented. Response 4O: The comment letter notes that in conjunction with Impact #3.10-5, an Incidental Take Permit from CDFG will be required for development of the proposed beverage bottling plant and for any subsequent future development projects on the site. Permits in and of themselves are not mitigation. Comment noted for the record. Response 4P: The comment letter notes that the Lead Agency, not CDFG, is responsible for ongoing monitoring associated with Mitigation Measures #3.10-5 and #3.10-6. Comment noted. As stated in the second paragraph of the comment letter from CDFG: “The Department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 4 Response to Comments April, 2005 and habitats necessary for biologically sustainable populations of those species (Fish and Game Code Section 702).” It is therefore assumed the CDFG will have an interest in and will monitor activities on the site as a part of its statutory responsibilities. The reference to this effect in the EIR is provided in the spirit of accuracy and full disclosure. Response 4Q: The comment letter asks whether Caltrans has been consulted regarding whether it will enter into an agreement for funding a desert tortoise exclusion fence, and suggests that mitigation is being deferred. See Response to Comment 3D. The issue is multi-jurisdictional and cannot be resolved by Crystal Geyser Roxane or the County of Inyo acting alone. Fair share funding arrangements have been accepted as adequate mitigation under similar circumstances. In this instance, because there is no appropriate entity to take the lead in this matter, any potential impact will remain significant and unavoidable. Response 4R: The comment letter notes that the Lead Agency, not CDFG, is responsible for ongoing monitoring associated with Mitigation Measures #3.10-11 and #3.10-12. See Responses to Comments 3D and 4P. Response 4S: The comment letter notes that the Draft EIR states that all ground disturbing activities shall be conducted during the non-breeding season for birds. It also points out that the two mitigation measures for protecting birds from ground-disturbing activities list two different over-lapping time periods as the non-breeding seasons. The commentor requests a clarification on what time period would be considered the non-breeding season. Additionally, the commentor finds the proposed burrowing owl mitigation in these measures inadequate. To address these concerns, Mitigation Measures #3.10-15 and #3.10-16 are hereby amended as follows: Mitigation Measure #3.10-15: Phase I ground-disturbing activities shall be conducted during the non-breeding season for passerine birds, approximately mid July to mid February. In addition a qualified biologist/ornithologist shall conduct a pre-construction survey for burrowing owls on site within 30 days of the onset of ground disturbing activities. Surveys shall be based on the accepted protocols as detailed in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation. (http://www.dfg.ca.gov/hcpb/species/stds_gdl/bird_sg/burowlmit.pdf). In the event the survey discovers burrowing owls on the site, ground disturbing construction activities shall be additionally limited to the period September 1 through January 31, the non breeding season for burrowing owls. If burrowing owls are found on the project site, the following measures from the CDFG Burrowing Owl Survey Protocol and Mitigation Guidelines shall be implemented. 1. All owls associated with occupied burrows that will be directly impacted (temporarily or permanently) by the project shall be relocated and the following measures shall be implemented to avoid take of owls: Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 4 Response to Comments April, 2005 a. Occupied burrows shall not be disturbed during the nesting season of February 1 through August 31, unless a qualified biologist can verify through non-Invasive methods that either the owls have not begun egg laying and incubation or that juveniles from the occupied burrows are foraging Independently and are capable of Independent flight. b. Owls must be relocated by a qualified biologist from any occupied burrows that will be impacted by project activities. Suitable habitat must be available adjacent to or near the disturbance site or artificial burrows will need to be provided nearby. Once the biologist has confirmed that the owls have left the burrow, burrows should be excavated using hand tools and refilled to prevent reoccupation. c. All relocation shall be approved by the Department. The permitted biologist shall monitor the relocated owls a minimum of three days per week for a minimum of three weeks. A report summarizing the results of the relocation and monitoring shall be submitted to the Department within 30 days following completion of the relocation and monitoring of the owls. 2. A Burrowing Owl Mitigation and Monitoring Plan shall be submitted to the Department for review and approval prior to relocation of owls. The Burrowing Owl Mitigation and Monitoring Plan shall describe proposed relocation and monitoring plans. The plan shall Include the number and location of occupied burrow sites and details on adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation of artificial burrows (numbers, location, and type of burrows) shall also be included in the plan. The Plan shall also describe proposed off-site areas to preserve to compensate for Impacts to burrowing owls/occupied burrows at the project site as required under Condition 1. 3. As compensation for the direct loss of burrowing owl nesting and foraging habitat, the project proponent shall mitigate by acquiring and permanently protecting known burrowing owl nesting and foraging habitat (The acquisition of burrowing owl habitat can be linked with other habitat acquisition that may be required for this project) at the following ratio: a. Replacement of occupied habitat with occupied habitat at 1.5 times 6.5 acres per pair or single bird; b. Replacement of occupied habitat with habitat contiguous with occupied habitat at 2 times 8.5 acres per pair or single bird; and/or c. Replacement of occupied habitat with suitable unoccupied habitat at 3 times 6.5 acres per pair or single bird. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 4 Response to Comments April, 2005 4. The project proponent shall establish a non-wasting endowment account for the long term management of the preservation site for burrowing owls. The site shall be managed for the benefit of burrowing owls. The preservation site, site management, and endowment shall be approved by the Department. Mitigation Measure #3.10-16: Phase II ground-disturbing activities shall be conducted during the non-breeding season for passerine birds, approximately mid July to mid February. In addition a qualified biologist/ornithologist shall conduct a pre-construction survey for burrowing owls on site within 30 days of the onset of ground disturbing activities. Surveys shall be based on the accepted protocols as detailed in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation. (http://www.dfg.ca.gov/hcpb/species/stds_gdl/bird_sg/burowlmit.pdf) In the event the survey discovers burrowing owls on the site, ground disturbing construction activities shall be additionally limited to the period September 1 through January 31, the non breeding season for burrowing owls. If burrowing owls are found on the project site, the following measures from the CDFG Burrowing Owl Survey Protocol and Mitigation Guidelines shall be implemented. 1. All owls associated with occupied burrows that will be directly impacted (temporarily or permanently) by the project shall be relocated and the following measures shall be implemented to avoid take of owls: a. Occupied burrows shall not be disturbed during the nesting season of February 1 through August 31, unless a qualified biologist can verify through non-Invasive methods that either the owls have not begun egg laying and incubation or that juveniles from the occupied burrows are foraging Independently and are capable of Independent flight. b. Owls must be relocated by a qualified biologist from any occupied burrows that will be impacted by project activities. Suitable habitat must be available adjacent to or near the disturbance site or artificial burrows will need to be provided nearby. Once the biologist has confirmed that the owls have left the burrow, burrows should be excavated using hand tools and refilled to prevent reoccupation. c. All relocation shall be approved by the Department. The permitted biologist shall monitor the relocated owls a minimum of three days per week for a minimum of three weeks. A report summarizing the results of the relocation and monitoring shall be submitted to the Department within 30 days following completion of the relocation and monitoring of the owls. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 4 Response to Comments April, 2005 2. A Burrowing Owl Mitigation and Monitoring Plan shall be submitted to the Department for review and approval prior to relocation of owls. The Burrowing Owl Mitigation and Monitoring Plan shall describe proposed relocation and monitoring plans. The plan shall Include the number and location of occupied burrow sites and details on adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation of artificial burrows (numbers, location, and type of burrows) shall also be included in the plan. The Plan shall also describe proposed off-site areas to preserve to compensate for Impacts to burrowing owls/occupied burrows at the project site as required under Condition 1. 3. As compensation for the direct loss of burrowing owl nesting and foraging habitat, the project proponent shall mitigate by acquiring and permanently protecting known burrowing owl nesting and foraging habitat (The acquisition of burrowing owl habitat can be linked with other habitat acquisition that may be required for this project) at the following ratio: a. Replacement of occupied habitat with occupied habitat at 1.5 times 6.5 acres per pair or single bird; b. Replacement of occupied habitat with habitat contiguous with occupied habitat at 2 times 8.5 acres per pair or single bird; and/or c. Replacement of occupied habitat with suitable unoccupied habitat at 3 times 6.5 acres per pair or single bird. 4. The project proponent shall establish a non-wasting endowment account for the long term management of the preservation site for burrowing owls. The site shall be managed for the benefit of burrowing owls. The preservation site, site management, and endowment shall be approved by the Department. Response 4T: The comment letter notes that the Lead Agency, not CDFG, is responsible for ongoing monitoring associated with Mitigation Measures #3.10-15 and #3.10-16. Comment noted. See Response to Comment 4P. Response 4U: The commentor asks whether the Bureau of Land Management (BLM) has been consulted regarding whether it will allow a livestock exclusion fence around Olancha Spring to reduce the impacts of human visitation that may increase as result of familiarity of the spring and its associated wildlife by employees of the proposed bottling plant. BLM has recently advised the County that it will not allow the proposed fence to be built. Therefore, Mitigation Measure #3.10-19 is hereby amended as follows: Mitigation Measure #3.10-19: Crystal Geyser Roxane and any other future developers on the project site shall establish an education program to inform Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 4 Response to Comments April, 2005 employees of the sensitivity of Olancha Spring and to discourage them from using the area for recreation. Crystal Geyser Roxane shall also post signs on the boundary between the project site and the spring reminding employees that the spring is a protected resource. (Also see Mitigation Measures #3.5-2A and #3.52B regarding control of lighting) Effectiveness of the Measure: The education program and signage will discourage employee visitation to the spring and therefore reduce impacts to a less than significant level. Implementation/Monitoring: Crystal Geyser Roxane and its successors shall be responsible for developing and implementing the educational program and putting up the signage. The Inyo County Planning Department shall review the program and signage as a condition of certifying occupancy of the bottling plant or other future facilities. Response 4V: The comment letter notes that the Lead Agency, not CDFG, is responsible for ongoing monitoring associated with Mitigation Measures #3.10-19. Comment noted. See Response to Comment 4P. Response 4W: The commentor states the opinion that the Mitigation Measure #3.10-20 (same as Mitigation Measure #3.9B-3) is vague and unenforceable and is concerned with Inyo County’s willingness to allow potentially significant unavoidable impacts to occur at Olancha Springs. The County does not understand how the commentor reached the conclusion that the County is willing to allow potentially significant impacts to occur at Olancha Springs. No decisions have been made on the merits of the project. Further an EIR was required and prepared for the very purpose of addressing the issues of concern to CDFG. See Response to Comment 4H. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 4 Response to Comments April, 2005 Letter 5 A B C D E F G H I J K L M N O P Q R S LETTER 5 Gene L. Coufal, Manager, Aqueduct Business Group, City of Los Angeles Department of Water and Power Response 5A: The commentor discusses the Initial Study checklist appearing on the County’s website. Comment noted. The checklist is not the EIR and was prepared to assist in early discussion of environmental effects from the proposed bottling plant. The commentor is referred to the Draft EIR dated December 2004. Draft EIR Chapter Two, Project Description (page 2-2) clearly states that the project includes both a 10-acre bottling plant and proposed changes in land-use designations and zoning on the entire 120-acre project site to allow industrial uses. Discussion under “Phase II” (page 2-5) notes that the applicant has proposed no specific development for the 110-acre portion of the site not reserved for the bottling plant. See Response to Comment 2B. Response 5B: Again the commentor discusses the Initial Study checklist. The checklist is not the EIR and was prepared to assist in early discussion of environmental effects from the proposed bottling plant. The commentor is referred to Section 15063 of the CEQA Guidelines for background on the Initial Study process. The commentor also compares information in the Initial Study with information in the EIR. An Initial Study is prepared based on limited information. An EIR is often prepared to provide information that was unavailable to the County at the time of Initial Study preparation. Once an EIR is prepared, the content of the Initial Study is superseded where better and more current information is provided in the EIR. Response 5C: The commentor questions why Impact #3.9B-2 is not significant and addressed by the same mitigation measure as Impact #3.9B-3 when both impact statements cover effects on vegetation from groundwater pumping. The commentor is referencing the Executive Summary rather than the body of the EIR where the background and analysis are found. The commentor is referred to pages 3-68 through 3-84 of the Draft EIR. Impact #3.9B-2 concerns the potential impact of a lowering of the water table on vegetation in the vicinity of the project site, concluding that this vegetation is not groundwater dependent. Impact #3.9B-3 addresses the potential effect of a lowering of the water table on Olancha Spring, which supports waterdependent vegetation. Response 5D: The commentor requests that monitoring wells be in place one year before the production well operates. See Response to Comment 4H. Response 5E: Commentor requests that Los Angeles Department of Water and Power (LADWP) be supplied with future data from the project site. Comment noted. The comment does not raise a significant environmental concern and no response is necessary. Response 5F: The comment notes that LADWP does not own or operate any well supply at the Owens Lake Project, as is stated in the Draft EIR on pages 3-70, 3-80, and 3-83. Comment noted. Response 5G: The commentor requests a setback of 60 feet from the LADWP-owned Los Angeles Aqueduct, which bisects the project site, to prevent structures from being built next to Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 5 Response to Comments April, 2005 the aqueduct. Mitigation Measure #3.9A-3B includes a provision that “no improvements shall be constructed within 50 feet of the aqueduct easement” in order to protect surface water quality, including water in the aqueduct, from degradation. The commentor has not provided an explanation of how an additional 10 feet of setback will provide significantly greater protection to the aqueduct than the current proposed mitigation measure. Response 5H: The comment letter notes an error on page 33 of the Initial Study (Appendix A of the Draft EIR), under item a): “Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed”? Both the “no impact” and “potentially significant impact” boxes have been check. Only the “potentially significant impact” box should be checked. See Response to Comment 5B. Water supply for the proposed project is discussed on pages 3-70 and 3-71 of the Draft EIR Response 5I: The commentor asserts that the project poses significant air, water and hazard issues for the Los Angeles Aqueduct; however, no evidence or description of these concerns is provided. The Draft EIR addresses impacts to air quality from PM10 emissions from construction under Impact #3.3-1. Vehicular emissions from long-term site operations are addressed by Impact # 3.3-2. Impacts to surface water quality, including to water carried by the aqueduct, are discussed under Impact #3.9A-3. Risk of upset related to the storage or use of hazardous materials at the wastewater treatment plant is addressed by Impact #3.6-2. Hazardous material spill containment is discussed under Impact #3.6-4. The comment does not raise an additional environmental impact that was not addressed in the Draft EIR. Response 5J: The commentor suggests that nearby industrial development will contaminate the aqueduct and also suggests that there is no development currently located along the aqueduct. Although highly unlikely that development does not occur elsewhere along the aqueduct, the Draft EIR proposes a setback for development adjacent to the aqueduct in order to protect the water conveyance facility (Mitigation Measure 3.9A-3B). See Responses to Comments 5G and 5I. Response 5K: The commentor is concerned that uses listed in the M-2 Zone pose a threat to the aqueduct. See Responses to Comments 2B, 5G, 5I and 5J. Also see Mitigation Measures #3.9A1, #3.9A-2, #3.9-A-3A, and #3.9A-3B on pages 3-64 through 3-68 of the Draft EIR. Response 5L: The commentor suggests that the EIR does not address impacts to adjacent properties. See Responses to Comments 2B, 5G and 5I. The Draft EIR fully addresses impacts to adjacent properties, including the Los Angeles Aqueduct. For example, as has been described under Response to Comment 5G, a building setback is specifically provided for the aqueduct under proposed Mitigation Measure #3.9A-3B. Response 5M: Commentor suggests that there is an attempt to circumvent CEQA because the analysis for Phase II is programmatic in nature. See Responses to Comments 2B and 2D. Response 5N: Commentor points out that there is a change in terminology for names of alternatives between Section 2.4 and Chapter 4 of the Draft EIR. Comment noted. See Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 5 Response to Comments April, 2005 Response to Comment 2A. The commentor apparently concurs with the EIR that the “Reduced Project Size Alternative” is the environmentally superior alternative. Response 5O: Commentor is concerned about that uses that may be allowed in Phase II and potential air quality impacts. Commentor requests that an EIR be prepared for Phase II. See Responses to Comments 2B, 2D and 5I. Response 5P: The comment letter claims the Draft EIR does not discuss upset or release of hazardous materials into the aqueduct. Impact #3.6-4 and Mitigation Measure #3.6-4 address control of upset conditions or release of hazardous materials from the project site, including any impacts to the aqueduct. The comment does not raise an additional environmental concern that was not addressed in the Draft EIR. Response 5Q: The comment letter states the discussion under “Cumulative Impacts” (page 5-4) should also discuss cumulative impacts to the Los Angeles Aqueduct. Potential cumulative impacts, for air quality, water quality, and hazards that might affect the adjacent aqueduct, were considered in Sections 3.3, 3.6, 3.9A and 3.9B of the Draft EIR respectively. None of the impacts identified in these sections were considered “cumulatively considerable” based on the incremental effect of the project. As described on page 5-6 of the Draft EIR, the area of cumulative effect is generally the southern Owens Valley. The County is unaware of other projects in the southern Owens Valley that would have the types of cumulative effects described by the commentor. Response 5R: The commentor states that the Draft EIR should propose permanent improvements to prevent any damage or spills into the aqueduct. Mitigation Measure #3.6-4 addresses drainage and spill control, including trench drains with storm water controls, oil/waste separators, and spill containment. Mitigation Measure #3.9A-2 requires the applicant to construct on-site detention or retention basins sufficient to result in no net increase in post-development stormwater flow. The on-site storm drain systems must be designed to capture all run-off from paved surfaces and building roofs. These will be permanent improvements. Response 5S: Commentor believes EIR is inadequate and requests a thorough study of Phase II impacts. Comment noted. See Responses to Comments 2B and 2D. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Letter 5 Response to Comments April, 2005 Public Input Meeting Notes Planning Department 168 North Edwards Street Post Office Drawer L Independence, California 93526 Phone: (760) 878-0263 (760) 872-2706 FAX: (760) 872-2712 E-Mail: [email protected] January 21, 2005 MEMORANDUM SUBJECT : Crystal Geyser Roxane, Public Input Meeting Notes, Draft EIR Meeting Held January 20, 2005, Olancha School, 6:30-8:00 p.m.: Comments Received The following are questions and concerns expressed by the citizens attending this meeting. x Concerned about light pollution, especially in the parking areas. x What will be the result of the highway (U.S. Highway 395) 4-lane project, and/or a complete re-alignment of the highway to the east or west of the project site? x Concerned about traffic hazards, especially turns, and specifically left hand turns by slow-moving trucks. x Concern about re-designating and re-zoning the entire 120-acre site; opens up the balance of 110-acres to many different kinds of light industrial uses which will not be subject to further County (especially Planning Commission) review and permitting; what is the purpose, or proposed use, of the remaining land? Could have a significant impact on the local area. A B C D x Asked if applicant (Crystal Geyser) can help with community issues, such as the Olancha school. E x Expressed concern that monies spent for mitigation for endangered species would be better spent doing studies; do not use the money to buy up more private property in Inyo County for habitat. F x Asked to what extent the project will impact the Desert Tortoise. G x Concern regarding potential drawdown of neighboring water wells. H x Concerned about impacts to the nearby spring. -1- I x Concerned about potential flooding and associated impacts; concern about impacts to the LADWP Aqueduct. x Asked if the impacts on increased population in the local area had been considered; has Crystal Geyser offered amenities/services to the workers such as a cafeteria, medical facilities, etc. x Asked if the water well will be on a separate electric meter; the flow meter (transducer) needs to be recorded at an offsite location; asked how often water use and water quality would be measured/reported. x Wants County to limit trucking and all operations to the 2-shift time period, including not allowing truck traffic after 10:00 p.m. /jl Cc: Leslie Anne Klusmire, AICP, ASLA Director, Inyo County Planning Department Randy Keller, Assistant County Counsel Inyo County County Counsel Richard Weklytch Crystal Geyser, Calistoga, CA Rick Moore Crystal Geyser, Weed, CA Tom Platz, Vice President Triad Holmes Associates, Inc. Ron Chegwidden, Acting Director Inyo County Public Works/Roads Department Arden Wallum, Interim Director Inyo County Water Department Don McGhie, Real Estate Los Angeles Department of Water & Power Gayle Rosander, IGR/CEQA Coordinator Cal Trans, District 9, Bishop Adrienne Disbrow, Biologist California Department of Fish & Game -2- J K L M Public Input Meeting Notes, Crystal Geyser Roxane Draft EIR Meeting, January 20, 2005, Olancha, CA. Response A: The commentor is concerned about light pollution from the proposed project. Adverse impacts to nighttime views from new sources of light are covered under Impact #3.5-2 (Draft EIR pages 3-43 through 3-44). Response B: The commentor asked about the status of the 4-lane project and/or a realignment of U.S. Highway 395 east or west of the project. Long-term development of the highway, including in the vicinity of the project site, is discussed on page 3-10 of the Draft EIR. Response C: The commentor expressed concern about traffic hazards, especially turns, and specifically left hand turns by slow-moving trucks. Project access design features, including turn lanes, are discussed on page 3-10 of the Draft EIR. Also see Response to Comment 3B. Response D: The commentor is concerned about rezoning the entire 120-acre site to different kinds of light industrial uses that will not be subject to further County review. Responses to Comments 2B and 2D. Response E: The commentor asked if the applicant can help with community issues, such as the Olancha School. Impacts to school facilities in Olancha are discussed under Impact #3.8-4. Response F: The commentor expressed concern that monies spent for mitigation for endangered species would be better spent doing studies rather than using the money to buy up more private property in Inyo County for habitat. Comment noted. The comment does not raise an additional environmental impact that was not addressed in the Draft EIR. Response G: The commentor asked to what extent the project will impact the desert tortoise. Impacts to desert tortoises are discussed in Impact #3.10-11 and Impact #3.10-12 (Draft EIR pages 3-152 and 3-153). Also see Response to Comment 3D. Response H: The commentor expresses concerns about potential drawdown of neighboring wells. This potential is discussed under Impact #3.9B-1 (Draft EIR page 3-75). Response I: The commentor is concerned about impacts to the nearby spring. Potential impacts to Olancha Spring are discussed under Impact #3.9B-3 (Draft EIR page 3-77). Response J: The commentor is concerned about potential flooding and associated impacts as well as impacts to the Los Angeles Aqueduct. Drainage and flooding are discussed in Section 3.9A of the Draft EIR. See Responses to Comments 5G, 5I, 5P, and 5Q. Response K: The commentor is concerned about impacts from increased population in the local area. Population impacts are discussed in Section 3.7 of the Draft EIR. The commentor also is concerned about the provision by Crystal Geyser of amenities/services to workers. Comment Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Public Input Meeting Notes Response to Comments April, 2005 noted. The comment does not raise an additional environmental impact that was not addressed in the Draft EIR. Response L: The commentor asks about use of a separate electric meter, whether the flow meter will be recorded at an offsite location. Specific technical questions regarding well operation are better directed to the applicant and/or the Inyo County Department of Environmental Health Services. The commentor also asks about how often water use and water quality will be measured and reported. Inyo County requirements for well reporting and water quality testing are discussed on page 3-73 of the Draft EIR. Response M: The commentor wants trucking and all operations limited to the 2-shift time period, including not allowing truck traffic after 10 p.m. Hours of operation for the proposed bottling plant are discussed on page 3-9 of the Draft EIR. Inyo County Final EIR – Crystal Geyser Roxane: Beverage Bottling Plant Public Input Meeting Notes Response to Comments April, 2005 Appendix A Table S-1 Summary of Impacts and Mitigation Measures Impact No. Impact 3.1 Land Use 3.1-1 The proposed General Plan change may conflict with General Plan policies adopted for the purpose of avoiding or mitigating an environmental effect. 3.1-2 The proposed land use designation and zoning changes would allow development of light industrial uses on land currently designated as natural resources/open space, which could potentially cause physical impacts to the environment. 3.2 Traffic and Circulation 3.2-1 Phase I will generate additional traffic in the project area. 3.2-2 The proposed project will generate additional traffic in the project area with the buildout of Phase II. Level of Significance Before After Mitigation Mitigation Mitigation No. Less than Significant Potentially Significant & Cumulative Significant, Cumulative & Unavoidable Less than Significant Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-1 3.2-2 Mitigation Measure Implementation Monitoring None required. None required. None required. None required. None required. None required. Phase II development shall be limited by Inyo County to ensure that the LOS “C” threshold is not exceeded until The Inyo County Board of Supervisors shall place such a April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring such time as U.S. Highway 395 is widened to four lanes and alternative access is developed. Development percentages and resulting Levels of Service are based on maintaining LOS “C” under Existing Plus Project conditions, described as follows: restriction on Phase II by Ordinance. The Inyo County Planning Department will be responsible for monitoring thresholds, as Phase II applications are submitted for consideration. • Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-2 Threshold Based on U.S. Highway 395 Capacity. As shown in Table 3.2-9, because background traffic volumes vary, the allowable percentage also varies. During the typical midweek condition, 55% to 65% of Phase II could be allowed to develop before the LOS “C” threshold was exceeded on U.S. Highway 395 south of the project site. However, because Friday traffic volumes are higher, only 22% of Phase II could develop before the LOS “C” threshold would April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring be exceeded on a Friday afternoon. • Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-3 Threshold Based on U.S. Highway 395/Access Level of Service. As shown on Table 3.2-10, better Levels of Service will exist at this access than on U.S. Highway 395. During midweek, the traffic associated with the 55% Phase II development level that will provide LOS “B” at the intersection will reach the LOS “D” threshold on U.S. Highway 395. Approximately 75% of Phase II could be developed before approaching LOS “D” during midweek at that intersection. However, because Friday traffic volumes are higher, only 55% of Phase II could be developed before approaching the LOS “D” threshold at the April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring intersection. The Phase II levels that result in LOS “D” on U.S. Highway 395 (i.e., 22% and 29%, respectively) would still provide LOS “B” at the intersection. 3.2-3 Buildout of the proposed project assumed for year 2023 would result in unsatisfactory Levels of Service at the assumed access intersection. Potentially Significant & Cumulative Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-4 3.2-3 Phase II development after widening of U.S. Highway 395 to four lanes and development of alternative access shall be limited to a maximum development level of 90%, and/or the development level at which Level of Service “C” is not exceeded. The Inyo County Board of Supervisors shall place such a restriction on Phase II by Ordinance. The Inyo County Planning Department will be responsible for monitoring thresholds, as Phase II applications are submitted for consideration. April, 2005 Impact No. Impact 3.3 Air Quality 3.3-1 The proposed project will result in an increase in PM10 emissions from construction equipment and grading activities, resulting in a potential violation of mandated air quality standards and a conflict with the Owens Valley PM10 Demonstration of Attainment SIP. Level of Significance Before After Mitigation Mitigation Potentially Significant Less than Significant Mitigation No. Mitigation Measure Implementation Monitoring 3.3-1 During construction the following measures to control fugitive dust and emissions of particulates shall be employed: On-site contractors will be responsible for implementation. The Inyo County Public Works (Building and Safety) Department will be responsible for construction inspections. The GBUAPCD will be responsible for monitoring. • Provision of equipment and staffing for watering of all exposed or disturbed soil surfaces or use of an appropriate dust palliative or suppressant; • Watering or treating of all disturbed but inactive portions of the site with an appropriate dust suppressant; • Covering or wetting down of materials transported by truck to control dust; Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-5 • Daily clean-up of mud and dirt carried onto paved streets from the site; • Suspension of dustproducing activities during April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring periods of sustained high winds (gusts exceeding 25 mph) when dust control measures are unable to avoid visible dust plumes. • 3.3-2 The proposed project will generate additional air emissions from vehicular emissions. Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-6 3.3-2 Maintenance of all construction equipment in proper working order. Conditions of approval for the project shall establish a daily trip generation cap for the entire project of 4,957 daily trips. If daily trip generation exceeds this level, the conditions of approval shall require that the applicant submit and present to the Planning Director for approval a Transportation Demand Management (TDM) plan that establishes a carpool matching program, vanpool commute program, and/or operational strategies (e.g., staggered work hours/days, flexible scheduling, and on-site services such as cafeteria/lunch room, The Inyo County Board of Supervisors shall place such a restriction on the project by Ordinance. The Inyo County Planning Department will be responsible for monitoring the cap, as applications for development are submitted for consideration. The Planning Director will be responsible for reviewing and April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring breakroom, gym, showers, etc). approving the TDM plan. 3.3-3 The project will increase traffic volumes and congestion levels, changing carbon monoxide concentrations at land uses near roadways providing access to the project site. Less than Significant None required. None required. 3.3-4 The project will generate new diesel truck trips, increasing exposure to diesel particulate, a Toxic Air Contaminant. Less than Significant None required. None required. Contractor(s) shall implement the following measures during Phase II construction, if noisesensitive uses exist within 500 feet: The Inyo County Public Works (Building and Safety) Department will verify that noiserelated contract specifications are in place before issuing demolition, grading, or building permits for any phase of 3.4 Noise 3.4-1 Noise generated by onsite construction activities. In general, noise related to construction activities is considered a temporary, short-term impact. However, project buildout is to occur in phases over many years. Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant 3.4-1 • ES-7 All construction vehicles and equipment (fixed or mobile, including generators) shall be equipped with properly operating and maintained mufflers; April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure • Any generators or air compressors proposed to operate on a 24-hour basis and within 500 feet of residential units or sensitive receptors (such as schools) shall be placed within an enclosure to reduce nuisance noise; • All noise-generating construction activities shall be limited to weekdays, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. Construction activities shall not be performed on weekends or federal holidays. Implementation Monitoring the project. The Inyo County Board of Supervisors shall place such restrictions on Phase II by Ordinance. The Public Works (Building and Safety) and Sheriff’s Departments will respond to any noise complaints received and adjust measures as appropriate. • Implement, as directed by Inyo County, appropriate additional noise mitigation measures, including, but not limited to, changing the location of stationary construction equipment, shutting off idling equipment, rescheduling Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-8 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring construction activity, notifying adjacent residents in advance of construction work, installing acoustic barriers around stationary construction noise sources, and routing construction trucks away from noisesensitive areas. 3.4-2 Operation of the proposed project may generate additional noise above levels specified in Inyo County 2001 General Plan Policy NOI-1.1 that could affect neighboring properties. Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-9 3.4-2 Noise levels produced by stationary and mobile sources on the project site shall not exceed 70 dB Ldn at the property line. Applicants for the bottling plant and other light industrial development during Phase II of the project shall submit accoustical studies prepared by a qualified accoustical engineer demonstrating to the Inyo County Planning Department that operational noise will not exceed the standard in this April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring measure prior to issuance of building permits. The Inyo County Board of Supervisors shall place such a restriction on Phase II by Ordinance. Periodic monitoring will be conducted by the Planning Department. 3.5 Light and Glare/Aesthetics 3.5-1 Substantial alteration of the views of the site from U.S. Highway 395 would occur by introduction of development features on a site currently dominated by desert scrub and open space. Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Significant and Unavoidable ES-10 3.5-1 The County shall require developers within both Phase I and Phase II to submit fullcolor architectural renderings, including signage, of all proposed facilities. Photo simulations showing the "before" project site and the "after" project site shall also be provided along with a sample board of materials, the proposed color palette, and a landscaping plan. The photo The Inyo County Planning Department will require applicants to submit renderings, sample boards, and landscape plans prior to approval of conditional use permits or building permits (if no conditional use April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring simulations shall be from at least two angles, and from various distances (e.g., 500, 1,000, and 2,000 feet) from both the north and from the south along U.S. Highway 395. The simulations shall show height, location, and appearance of the proposed facilities as viewed from U.S. Highway 395. The renderings, sample boards, landscaping plans, and photo simulations shall be submitted for consideration and approval by the Planning Commission prior to approval of building permits or other pending applications, including Conditional Use Permit No. 2001-19. These renderings and samples shall conform to the following design criteria and be required for all phases of projects: permit is required). Compliance with approved plans and design guidelines will be monitored by the Planning Department and Public Works (Building and Safety) Department prior to issuance of building permits and during construction. The Inyo County Board of Supervisors shall place such restrictions on Phase II by Ordinance. • Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-11 Buildings shall be constructed with nonreflective surfaces, including roofs and April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring windows, and the windows shall be designed so they face away from the highway. Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-12 • Buildings shall be painted or otherwise covered in soft 'desert-sand' colors that match the local tones and hues. • Buildings, wastewater ponds, outside equipment and utilities such as propane tanks, water tanks, solid waste containers, etc., shall be landscaped or screened with materials such as sand-colored concrete block to reduce visibility from U.S. Highway 395 or nearby businesses. • Signs shall be externally illuminated. Signage shall not be painted or otherwise affixed to buildings. April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-13 Mitigation No. Mitigation Measure • Landscaping and screening shall incorporate native and common ornamental vegetation, such as cottonwood and poplar trees, blackbush scrub, sagebrush, rabbit brush, cactus, and native wildflowers, grasses, and forbs. • All driveways shall be paved in a light-colored material, and landscaped in native vegetation and vegetation common to the area (e.g., cottonwood and poplar trees, various native and ornamental shrubs, and native flowers and grasses) to the greatest extent possible. • Use of local soils, rocks, and other materials that give the area a 'natural' look shall be included in the design. Cactus and other fire-resistant vegetation shall be Implementation Monitoring April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring strategically placed on the project site to minimize fire hazard while maintaining visual aesthetics. The applicants for the Conditional Use Permit for the bottling plant (Phase I) shall submit design guidelines for the entire project site (Phase I and Phase II), subject to review and approval by the Planning Director, prior to approval of Conditional Use Permit No. 2001-19. 3.5-2 Projects will create new sources of light and glare, which could adversely affect nighttime views in the area. Potentially Significant & Cumulative Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-14 3.5-2A Lighting shall be installed with the lowest illumination feasible, using soft yellow/orange/pink lighting elements, low pressure sodium elements, or other lighting as approved by the Inyo County Planning Director. Baffles, shades, and hoods shall be used to direct all lighting downward, such that light does not escape in an upward direction, and is Prior to issuance of building permits, the Public Works (Building and Safety) Department will review proposed lighting fixtures to ensure compliance with this measure. The Inyo County Board of Supervisors shall April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Potentially Significant & Cumulative Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-15 Mitigation No. 3.5-2B Mitigation Measure Implementation Monitoring not reflected onto any off-site buildings or roadways. All light standards and fixtures within parking lots shall be of a cutoff design. place such a restriction on Phase II by Ordinance. As a condition of approval of Conditional Use Permit No. 2001-19, the applicant shall submit a lighting plan for Phase I showing compliance with Mitigation Measure #3.52A, and specifying the location and intensity of proposed exterior or outdoor lighting features. All signage shall be externally illuminated. The lighting plan shall be subject to review and approval by the Planning Director and Sheriff’s Department to ensure that minimum safety standards are maintained while minimizing off-site lighting impacts. Future applications for development permits for Phase II shall include lighting plans that conform to Mitigation Measure #3.5-2A, The Inyo County Board of Supervisors shall place such restrictions on Phase II by Ordinance. The Inyo County Planning Department and Sheriff’s Department will be responsible for review and approval of the lighting plan prior to approval of conditional use permits, building permits, or other entitlements. April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring and shall be subject to review and approval by the Planning Director and Sheriff’s Department. 3.6 Fire Hazards/Risk of Upset and Accident Conditions Potentially 3.6-1 Increased risk of wildland Significant fires due to truck traffic and employee vehicles entering and exiting the project site, and other activities on the project site. Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-16 3.6-1A Vegetation surrounding all structures and along all roadways shall be cleared or otherwise maintained pursuant to the standards required by CDF and the Olancha Community Services District. Landscaping on the project site shall consist of xeric and low combustion species approved by the California Department of Forestry and Fire Protection. Trucks on the project site shall be required to remain on paved surfaces. All development proposals for the project site for Phase II shall adhere to the brush clearing requirements and defensible space required by CDF and the Olancha CSD. CDF will verify compliance with brush clearance requirements prior to issuance of any building permit. Landscaping plans shall be approved by CDF. Ongoing inspections will be conducted by CDF. April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Potentially Less than Significant Significant Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-17 Mitigation No. Mitigation Measure Implementation Monitoring 3.6-1B Buildings constructed on the project site shall comply with applicable Fire Safe Regulations adopted and enforced by CDF and the Uniform Fire Code that relate to entry/exit, maintenance of defensible space measures, signing and building numbering, building spacing, water storage, fire flow, fire hydrants, and other requirements designed to promote fire protection. All buildings shall be equipped with automatic fire sprinklers with an uninterruptible power supply. The Olancha CSD will review and approve all site and building plans prior to the issuance of building permits for Phases I and II to assure that they meet fire and emergency response needs of the District. 3.6-1C As a part of the site design, all facilities proposed for the project site shall contain all required fire hazard prevention, fire fighting, and personal safety equipment, as required by the Uniform Fire Code. Prevention and safety equipment includes fire extinguishers, smoke alarms, and related equipment. CDF will be responsible for periodic inspections to ensure compliance with CDF Fire Safe Regulations and the Uniform Fire Code. April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Less than Significant 3.6-2 Risk of upset related to the storage or use of hazardous materials at the wastewater treatment plant. 3.6-3 Potential exposure of workers, visitors and travelers to truck accidents involving a spill of chemicals or hazardous substances. Less than Significant 3.6-4 Potential upset and accident conditions involving transport and use of hazardous materials on the project site. Potentially Significant Less than Significant Mitigation No. 3.6-4 Mitigation Measure None required. None required. None required. None required. The following drainage and spill control and containment features shall be incorporated into Phase I and Phase II project designs: The Public Works (Building and Safety) Department will ensure that plans include the required design features prior to issuance of building permits, and will monitor construction to ensure compliance with approved plans. • • • Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-18 Implementation Monitoring Trench drains with storm water controls Oil/wastewater separators Spill containment April, 2005 Impact No. Impact 3.7 Population and Housing 3.7-1 Development of the project could have a cumulative impact related to substantial population growth in the project area. 3.7-2 Inconsistency of the proposed project with Housing Element Policy H4.2 regarding mobilehomes. 3.8 Public Services and Facilities 3.8-1 The project would increase the need for additional fire protection and emergency response services. Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring Less than Significant None required. None required. Less than Significant None required. None required. The applicant shall construct and operate an onsite fire station prior to the commencement of Phase II. The facility shall have the capability to provide fire protection and paramedic services to the bottling plant and any light industrial development that occurs in Phase II. At least three employees trained and certified in industrial firefighting operations shall be available during all hours that industrial operations are The Inyo County Planning Department will be responsible for ensuring that the fire station is constructed and provisions are made for staffing prior to issuance of any building permits for Phase II activity. Inspections and monitoring of station staffing, Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-19 3.8-1 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring occurring to staff the fire station on an as needed basis. training, and operations shall be provided by the Olancha/Cartago Fire Department Safety Division. 3.8-2 The project will generate solid waste and increase the demand for landfill capacity. Less than Significant None required. None required. 3.8-3 The proposed project will generate additional population and school enrollment, and impact local school facilities. Less than Significant None required. None required. 3.8-4 The proposed project will generate additional population and increase use of existing parks and other recreational facilities and demand for new parks and recreational facilities. Less than Significant None required. None required. The applicant shall prepare and submit a drainage plan as part of the first development As a condition of approval of the Conditional Use 3.9 Hydrology and Water Quality 3.9A Drainage and Flooding/Water Quality 3.9A-1 The project could expose persons and property to flooding. Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-20 3.9A-1 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-21 Mitigation No. Mitigation Measure Implementation Monitoring application, which includes appropriate flood protection, storm water detention/retention facilities for both Phases I and II. The drainage plan shall preserve the four existing drainage washes crossing the property, with 50-foot setbacks on each side of the wash, demonstrate that proposed structures are protected from localized flooding, and that the site facilities have been designed to withstand storm flow during a 100-year design storm event. The drainage plan shall identify both preproject and post-project flows and shall indicate specific measures to protect structures from flood damage. Permit, plans for stormwater detention, retention and conveyance facilities with supporting calculations shall be submitted to the Inyo County Public Works (Building and Safety) Department for review and approval. The Public Works (Building and Safety) Department will be responsible for inspection and approval of constructed facilities. Longterm maintenance of drainage facilities will be the responsibility of the property April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring owner, or lessee, with monitoring by the Public Works (Building and Safety) Department. 3.9A-2 The project could result in additional runoff to downstream properties as a result of project development. Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-22 3.9A-2 The applicant shall construct on-site detention or retention basins sufficient to result in no net increase in postdevelopment stormwater flow. Such basins shall not encroach upon or affect the conveying capacity of the four existing drainage washes crossing the property and shall be described in the Drainage Plan required by Mitigation Measure #3.9A-1. As a condition of approval of the Conditional Use Permit, plans for stormwater detention, retention and conveyance facilities with supporting calculations shall be submitted to the Inyo County Public Works (Building and Safety) Department for review and approval. The Public Works (Building and Safety) Department will be April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring responsible for inspection and approval of constructed facilities. Longterm maintenance of drainage facilities will be the responsibility of the property owner, or lessee, with monitoring by the Public Works (Building and Safety) Department. 3.9A-3 Surface water quality could be adversely affected during construction activities and site occupancy. Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-23 3.9A-3A To protect surface water quality from degradation, the applicant and all subsequent developers on the site shall comply with and obtain approvals from the Lahontan Regional Water Quality Control Board for storm water discharges for construction and industrial related activities, including a Storm Water Pollution Prevention Plan, National Pollutant The applicant must present evidence of approval of a General Construction Permit to the Inyo County Public Works (Building and Safety) Department prior to issuance of a grading permit. Evidence of April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-24 Mitigation No. Mitigation Measure Implementation Monitoring Discharge Elimination System (NDPES) Construction Stormwater Permit, and General Industrial Stormwater Discharge permit (if required). receipt of a General Industrial Permit, if required, must be provided before a certificate of occupancy is granted. The Inyo County Public Works (Building and Safety) Department and the RWQCB will inspect and monitor facilities during construction and following major storm events. The SWPPP must be submitted to the Lahontan RWQCB for review at least 30 days prior to start of construction, and the permit should be onsite before construction is started. The RWQCB will April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring conduct inspections during construction to assure compliance with the NPDES permit. Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-25 3.9A-3B Drainage flows shall not affect LADWP’s aqueduct easement. Effluent disposal areas, retention basins, and/or improvements shall not be located within the easement unless written permission is received from LADWP following submittal of detailed drainage and grading plans. LADWP may require installation of curbs or asphalt berms to prevent soil erosion within the easement. No improvements shall be constructed within 50 feet of the aqueduct easement. Any site runoff allowed to enter LADWP property or easements shall also comply with LADWP Guidelines for onsite oil/water separators. The Inyo County Planning Department will be responsible for consultation with LADWP to assure that the project is in compliance with this measure. Inspections and monitoring will be conducted by LADWP. April, 2005 Impact No. Impact 3.9B Groundwater 3.9B-1 There is a small potential for well interference impacts from the Crystal Geyser Roxane production well on adjacent private wells, lowering water levels in these wells. In some cases, if wells are shallow and well pumps are set near the water table, the well could go dry. Level of Significance Before After Mitigation Mitigation Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-26 Mitigation No. Mitigation Measure Implementation Monitoring 3.9B-1 Because of the uncertainty of the Theis Equation in predicting groundwater drawdown impacts to adjacent wells, and the fact that the applicant did not utilize the potential maximum groundwater pumping rate in completing the well interference analysis, or factor in the combined effect of multiple wells associated with development of the Industrial Park, the applicant shall develop and implement a groundwater monitoring program for an initial 10 year minimum period, with additional monitoring required for 5 years following the drilling and installation of any new water supply wells. The groundwater monitoring program shall include the drilling and installation of at least 3 small diameter observation wells within ½ mile to the north, south, and east of the CG-2 production The applicant will be required to develop and implement a detailed groundwater monitoring program. The program will consist of submitting information on actual groundwater usage at the project site, and the installation and monitoring of observation wells, (minimum of 3, approx. 100 foot deep wells) and measuring depth to groundwater in any private well within 2 miles of the project site, upon request by the property owner. April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring Monitoring plan approval and technical review of the monitoring program will be overseen by the Inyo County Water Department, which will provide support to the Inyo County Planning Criteria for determining if an Department. adjacent water supply is Monitoring will be adversely impacted shall use conducted the procedures outlined in the quarterly for a Green Book for the Long-term minimum of 5 Groundwater Management years (for each Plan for the Owens Valley and newly installed Inyo County. This includes well), with an the use of any available annual report filed groundwater models and with the Planning aquifer tests, and the Department and establishment of new Water Department monitoring wells drilled to the on the results of same depth as adjacent private the monitoring, wells to monitor groundwater along with any depths. If the monitoring conclusions and wells show a consistent long recommendations. term decline in groundwater The Water levels that cannot be explained Department will be well. The observation wells shall be monitored at least quarterly for groundwater levels. If possible, the wells shall be integrated into the groundwater monitoring network and database maintained cooperatively by LADWP and the Inyo County Water Department. Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-27 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure by climatic fluctuations, or similar trends in other wells not thought to be potentially impacted by the CG-2 well, then the applicant shall be responsible for deepening the affected wells, resetting and replacing pumps at lower levels, or drilling and completing new replacement wells for any adversely impacted wells. Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-28 Implementation Monitoring entitled to recover fees for service based on actual staff review time of the monitoring information submitted by the applicant. The monitoring information will be considered public information and can used by Inyo County as part of their management planning activities. Enforcement of the well replacement mitigation requirements will be the responsibility of the Inyo County Planning Department, working in cooperation with the Inyo County Environmental Health Services April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring Department, Public Works Department, and the Inyo County Water Department. 3.9B-2 Pumping of groundwater for the project could lower the water table in the vicinity of the project site and potentially impact the native plant communities of this area. Less than Significant 3.9B-3 Pumping of groundwater for the proposed project could lower the water table in the vicinity of the project site and potentially impact Olancha Spring and its associated water dependent vegetation. Potentially Significant Potentially Significant & Unavoidable 3.9B-3 Because of the biological significance of the spring, and the uncertainty over potential impacts of groundwater withdrawal from the CG-2 production well, as well as other potential future onsite wells, on the spring, a program of groundwater and spring monitoring shall be conducted as a condition of project approval. At least two shallow observation or monitoring wells (20 feet deep) shall be Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-29 The applicant will be required to develop and implement a detailed groundwater monitoring program. This monitoring plan shall be developed under the supervision of a certified hydrogeologist in consultation with a qualified April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-30 Mitigation No. Mitigation Measure Implementation Monitoring established in the groundwater body supplying the spring and both sides of the fault to determine if project site wells will impact the spring. The well locations shall be selected based on the direction of groundwater flows feeding the spring. A baseline of spring flow shall also be established after a one-year period of monitoring. The CG-2 well shall not be used, and other wells shall not be developed, for a minimum of one year after implementation of the Olancha Springs monitoring program to ensure that the recorded baseline flow for Olancha Spring reflects pre-project conditions. Monitoring of the shallow wells at Olancha Spring shall be continued quarterly for a minimum of 5 years after installation of all wells on the project site, with an annual report filed with the Inyo County Planning Department and Inyo County Water biologist knowledgeable in the area of springdependent biological resources (such as an aquatic ecologist). The consulting hydrogeologist shall be responsible for selecting the appropriate locations of the shallow monitoring wells to ensure that any impacts to the spring that could be due to operation of the Crystal Geyser production well can be detected. The hydrogeologist shall also be responsible for ensuring that the April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Department on the results of the monitoring, along with any conclusions and recommendations. If possible, the monitoring information shall be integrated into the spring monitoring database maintained by the Inyo County Water Department. The monitoring well information shall be interpreted in conjunction with an analysis of rainfall patterns and trends in other shallow zone wells and spring observations being conducted by LADWP and Inyo County throughout Owens Valley, to verify that changes in spring flow and water levels in the perched water table are a result of the project, and not due to climatic fluctuations, fault movement, or other causes. Inyo County’s Green Book shall be used as the basis for procedures for establishing the monitoring Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-31 Implementation Monitoring wells are properly installed, that monitoring occurs on a quarterly basis, and for establishing the baseline flow for Olancha Spring. The biologist shall be responsible for establishing the baseline for any biological resources dependent upon the Olancha Spring using aerial photography and field observations of springdependent vegetation. The biologist shall also be responsible for detecting and recording any significant changes from the baseline, April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring program and interpreting results, and developing follow up mitigations. If the data analysis shows that project site wells are having an effect on the spring, then the applicant shall develop a mitigation plan to offset the impacts. Suitable mitigations for minor impacts on flow could include enhancing, restoring, and protecting other natural springs and seeps located on the west side of the Owens Valley. including but not limited to a 20% die-back in vegetative cover of obligate wetland species and consulting with the hydrogeologist to determine the extent to which the change is due to a loss of spring flow caused by project site pumping. In order to recognize a change in the wetland vegetation or wildlife populations that might be caused by the project, baseline information on the current conditions at the spring, prior to project pumping, shall be documented. The baseline biological document shall include low level aerial photography of the spring to document the extent of the wetland vegetation; a survey Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-32 Monitoring plan approval and technical review of the monitoring program will be overseen by the Inyo County Water Department, which will provide support to the Inyo County Planning April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-33 Mitigation No. Mitigation Measure Implementation Monitoring to determine the plant species composition and structure at the spring; and a survey to obtain a population estimate for the Owens Valley vole and to determine if Wong’s springsnail occurs. If the long term monitoring indicates biological impacts are occurring due to pumping, then the applicant will be required to reduce pumping to a level that does not create such impacts, or provide other appropriate compensatory mitigations measures to the satisfaction of the CDFG and Inyo County, including enhancing and restoring other springs in southwest Owens Valley. Department. Monitoring will be conducted quarterly for a minimum of 5 years after installation of all wells, with an annual report filed with the Planning Department and Water Department on the results of the monitoring, along with any conclusions and recommendations. The Water Department will be entitled to recover fees for service based on actual staff review time of the monitoring information submitted by the applicant. The monitoring information will April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring be considered public information and can be used by Inyo County as part of their management planning activities. Enforcement of the monitoring and spring restoration mitigation requirements will be the responsibility of the Inyo County Planning Department, working in cooperation with the Inyo County Water Department. Any successors to the applicant shall be required to participate in the monitoring program, which Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-34 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring shall be made a condition of any future entitlements or other land use approvals granted on the 120 acre site. 3.9B-4 Cumulative groundwater impacts. 3.9C Wastewater Treatment and Disposal 3.9C-1 The disposal of Phase I treated wastewater through percolation ponds has the potential to degrade groundwater quality. Less than Significant Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-35 3.9C-1 None required. None required. The wastewater treatment facilities for Phase I shall be designed and constructed to meet the requirements of the Lahontan Regional Water Quality Control Board (RWQCB). Project applicants shall obtain Waste Discharge Requirements (WDRs) for wastewater treatment facilities from the Lahontan RWQCB. Monitoring wells shall be installed as required by the RWQCB, and monitoring of groundwater for nitratenitrogen shall be performed to determine if there is a Applicants must obtain WDRs from the California Regional Water Quality Control Board, Lahontan Region, and Inyo County Environmental Health Services Department related to construction and use of wastewater treatment systems prior to issuance of grading or building permits for this April, 2005 Impact No. 3.9C-2 Impact The operation of wastewater treatment facilities could create objectionable odors that are detectable off-site during plant upsets or unusual climatic conditions such as inversions or stable atmospheric conditions. Level of Significance Before After Mitigation Mitigation Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-36 Mitigation No. 3.9C-2 Mitigation Measure Implementation Monitoring relationship between the rate of percolation in the ponds and nitrates in the groundwater. If rapid infiltration is the cause of elevated nitrate levels, the pond bottoms shall be engineered to control the rate of percolation. The area proposed for new percolation ponds shall be tested for percolation rates to determine that the area is adequate for disposal of treated wastewater. Alternatively, wastewater treatment facilities shall be designed to nitrify and denitrify the effluent so there would be no net impact on groundwater. project component and future project phases. Groundwater quality shall be monitored as required by the Regional Water Quality Control Board. The wastewater treatment facilities shall be designed to control and mitigate odors so that off-site detection is minimized. Facility design shall be reviewed and approved by the Regional Water Quality Control Board, Lahontan Region, and Inyo The Public Works (Building and Safety) Department will be responsible for verifying approval of the facility designs by the Lahontan Regional April, 2005 Impact No. 3.9C-3 Impact On-site sewage disposal systems for Phases I and II that are improperly sited or designed have the potential to adversely affect Level of Significance Before After Mitigation Mitigation Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-37 Mitigation No. 3.9C-3 Mitigation Measure Implementation Monitoring County Environmental Health Services Department to verify that appropriate odor control features are incorporated prior to the issuance of permits for all phases of this project. Water Quality Control Board and Inyo County Environmental Health Services Department prior to issuance of building permits for the facilities. After construction, the Environmental Health Services Department will respond to any odor complaints received and coordinate with these agencies and the operator of the wastewater treatment and disposal facilities as necessary to provide a remedy. On-site sewage disposal system designs shall be reviewed and permitted by the Inyo County Environmental Health Services Department. The Inyo County Environmental Health Services Department will be responsible for April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation groundwater quality. Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-38 Mitigation No. Mitigation Measure Implementation Monitoring The design shall be based on soil profile and percolation test data taken at the site of the proposed disposal systems. Special engineered designs may be required to achieve compliance with applicable regulations. reviewing soil profile and percolation test results for each proposed septic system site, and the design of proposed septic systems, through their permit process. The Inyo County Public Works (Building and Safety) Department shall verify that permits for septic systems have been obtained from the County Environmental Health Services Department for any subsequent projects prior to issuance of grading or building permits. April, 2005 Impact No. Impact 3.10 Biological Resources 3.10-1 Impacts to native vegetation in Phase I. Level of Significance Before After Mitigation Mitigation Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-39 Mitigation No. Mitigation Measure Implementation Monitoring 3.10-1 To mitigate the potentially significant on-site and off-site project impacts due to the spread of the noxious weeds salt cedar (Tamarix ramosissima) and halogeton (Halogeton glomeratus), a monitoring and control program shall be established to prevent the spread of these species on-site, where if unchecked they could create off-site effects. Review of the detailed operating plan for the wastewater treatment plant effluent disposal area shall be conducted to identify procedures that could be implemented to minimize potential invasion of these noxious weed species. Monitoring of salt cedar and halogeton infestations shall be conducted at least once or twice each year to keep seedlings from surviving to produce seed. This must be done for at least 10 years because halogeton seeds can remain dormant for that long (Bossard, et al. 2000). Monitoring shall be conducted by a qualified botanist hired by the project operator, and reports filed with the Inyo County Planning Department and CDFG. April, 2005 Impact No. Impact 3.10-2 Impacts to native vegetation in Phase II. Level of Significance Before After Mitigation Mitigation Potentially Less than Significant Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-40 Mitigation No. Mitigation Measure Implementation Monitoring 3.10-2 To mitigate the potentially significant on-site and off-site project impacts due to the spread of the noxious weeds salt cedar (Tamarix ramosissima) and halogeton (Halogeton glomeratus), a monitoring and control program, as discussed in Mitigation Measure #3.10-1, shall be established to prevent the spread of these species onsite, where if unchecked they could create off-site effects. Monitoring of salt cedar and halogeton infestations is recommended at least once or twice each year to keep seedlings from surviving to produce seed. This must be done for at least 10 years because halogeton seeds can remain dormant for that long (Bossard, et al. 2000). Monitoring shall be conducted by a qualified botanist hired by the project operator, and reports filed with the Inyo County Planning Department and CDFG. April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation No Impact 3.10-3 Impacts to special status plant species in Phase I. 3.10-4 Impacts to special status plant species in Phase II. No Impact 3.10-5 Impact to Mohave ground squirrels and other small mammal species in Phase I. Significant Significant & Unavoidable Mitigation No. 3.10-5 Mitigation Measure Implementation Monitoring None required. None required. None required. None required. The CDFG’s objective in the conservation of the Mohave ground squirrel is “the complete protection of habitat sufficient in size, pattern of distribution, and quality to enable the Mohave ground squirrel to survive in the longterm. In order to achieve this objective, habitat must be protected throughout the geographic range of the species in a pattern that allows gene flow (the transmission of inheritable characteristics) from population to population, and that allows populations to be self-sustaining. Protected habitat must be free of incompatible land-uses” (Gustafson 1993). Compliance with this measure shall be a condition of approval of the Conditional Use Permit and must be demonstrated prior to issuance of any permits by Inyo County for ground-disturbing activities in Phase I. Ongoing monitoring will be the responsibility of the County Planning Department and CDFG. Compensatory mitigation for Mohave ground squirrel Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-41 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring habitat loss at a rate of 3 acres protected for every one acre lost to development shall be accomplished by one and/or a combination of the following four measures (Gustafson 1993): a) Acquire lands at a 3:1 ratio that support optimum Mohave ground squirrel habitat in Inyo County, at a location which would be approved by the CDFG; and pay a one time endowment fee for the long-term management of these lands, the cost of which shall be negotiated between Crystal Geyser Roxane and the CDFG. b) Establish a permanent wildlife easement on the undeveloped portion of the 120.4-acre project site and eliminate livestock grazing by fencing the entire site. Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-42 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring c) Purchase grazing leases on BLM grazing allotments in Inyo County within the range and in the habitat of the Mohave ground squirrel and eliminate livestock grazing on these lands. d) Restore disturbed native vegetation within the range and in the habitat of the Mohave ground squirrel on public or State lands in Inyo County. To mitigate for indirect impacts associated with a potential increase in the common raven population near the site, the lids on all trash receptacles at the bottling plant shall fit tightly and be kept closed. Waste shall be removed from the site as often as necessary to reduce the potential to overflow receptacles. In addition, Crystal Geyser Roxane shall sponsor a litter Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-43 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring collection program in the project vicinity to reduce trash and to further decrease the probability of attracting common ravens. 3.10-6 Impacts to Mohave ground squirrels and other small mammal species in Phase II. Significant & Cumulative Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Significant, Cumulative & Unavoidable ES-44 Compliance with this measure must be demonstrated prior to issuance of any permit(s) by Inyo County for ground-disturbing activities in Phase Il. Monitoring will a) Acquire lands at a 3:1 ratio be the responsibility of that support optimum the County Mohave ground squirrel Planning habitat in Inyo County, at a location which would be Department and CDFG. approved by the CDFG; and pay a one time endowment fee for the long-term management of these lands, the cost of which shall be negotiated between Crystal Geyser Roxane and the CDFG. Compensatory mitigation at a rate of 3 acres protected for every one acre lost to development shall be accomplished by one and/or a combination of the following three measures (Gustafson 1993): April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring b) Purchase grazing leases on BLM grazing allotments in Inyo County with in the range and in the habitat of the Mohave ground squirrel and eliminate livestock grazing on these lands. c) Restore disturbed native vegetation within the range and in the habitat of the Mohave ground squirrel on public or State lands in Inyo County. None required. None required. 3.10-7 Impact to bats in Phase I. Less than Significant 3.10-8 Impacts to bats in Phase II. Less than Significant None required. None required. 3.10-9 Impacts to other mammals in Phase I. Less than Significant None required. None required. 3.10-10 Impact on other mammals in Phase II. Less than Significant None required. None required. 3.10-11 Impacts to desert tortoises and other reptiles in Phase I. Potentially Significant In the event Caltrans or other multi-county entity creates a mechanism to provide fair Compliance with this measure shall be a condition of Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant 3.10-11 ES-45 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation 3.10-12 Mitigation Measure Implementation Monitoring share funding for a desert tortoise exclusion fence along portions of U.S. Highway 395 prior to buildout of the Crystal Geyser Roxane project site, Crystal Geyser or its successors shall contribute a fair share, based on trips that would be generated. approval of the Conditional Use Permit. Monitoring will be the responsibility of the Inyo County Planning Department. In the event Caltrans or other multi-county entity creates a mechanism to provide fair share funding for a desert tortoise exclusion fence along portions of U.S. Highway 395 prior to buildout of the Crystal Geyser Roxane project site, Crystal Geyser or its successors shall contribute a fair share, based on trips that would be generated. Compliance with this measure shall be a condition of approval of the Conditional Use Permit. Monitoring will be the responsibility of the Inyo County Planning Department. 3.10-12 Impacts to desert tortoises and other reptiles in Phase II. Potentially Significant 3.10-13 Impacts to Swainson’s hawks and other raptors in Phase I. Less than Significant None required. None required. 3.10-14 Impacts to Swainson’s hawks and other raptors in Phase II. Less than Significant None required. None required. Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Potentially Significant & Unavoidable Mitigation No. ES-46 April, 2005 Impact No. 3.10-15 Impact Impacts to other birds in Phase I. Level of Significance Before After Mitigation Mitigation Potentially Less than Significant Significant Mitigation No. Mitigation Measure Implementation Monitoring 3.10-15 Phase I ground-disturbing activities shall be conducted during the non-breeding season for passerine birds, approximately mid July to mid February. In addition a qualified biologist/ornithologist shall conduct a pre-construction survey for burrowing owls on site within 30 days of the onset of ground disturbing activities. Surveys shall be based on the accepted protocols as detailed in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation. (http://www.dfg.ca.gov/hcpb/s pecies/stds_gdl/bird_sg/burow lmit.pdf). This measure shall be included as a condition of approval for the Conditional Use Permit. Compliance with this measure shall be demonstrated prior to any ground-disturbing activities in Phase I. Monitoring shall be conducted by the Inyo County Public Works (Building and Safety) Department and CDFG. In the event the survey discovers burrowing owls on the site, ground disturbing construction activities shall be additionally limited to the period September 1 through January 31, the non breeding season for burrowing owls. Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-47 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring If burrowing owls are found on the project site, the following measures from the CDFG Burrowing Owl Survey Protocol and Mitigation Guidelines shall be implemented. 1. All owls associated with occupied burrows that will be directly impacted (temporarily or permanently) by the project shall be relocated and the following measures shall be implemented to avoid take of owls: a. Occupied burrows shall not be disturbed during the nesting season of February 1 through August 31, unless a qualified biologist can verify through non-Invasive methods that either the owls have not begun egg laying and Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-48 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring incubation or that juveniles from the occupied burrows are foraging Independently and are capable of Independent flight. b. Owls must be relocated by a qualified biologist from any occupied burrows that will be impacted by project activities. Suitable habitat must be available adjacent to or near the disturbance site or artificial burrows will need to be provided nearby. Once the biologist has confirmed that the owls have left the burrow, burrows should be excavated using hand tools and refilled to prevent reoccupation. Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-49 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring c. All relocation shall be approved by the Department. The permitted biologist shall monitor the relocated owls a minimum of three days per week for a minimum of three weeks. A report summarizing the results of the relocation and monitoring shall be submitted to the Department within 30 days following completion of the relocation and monitoring of the owls. 2. A Burrowing Owl Mitigation and Monitoring Plan shall be submitted to the Department for review and approval prior to relocation of owls. The Burrowing Owl Mitigation and Monitoring Plan shall Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-50 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring describe proposed relocation and monitoring plans. The plan shall Include the number and location of occupied burrow sites and details on adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation of artificial burrows (numbers, location, and type of burrows) shall also be included in the plan. The Plan shall also describe proposed off-site areas to preserve to compensate for Impacts to burrowing owls/occupied burrows at the project site as required under Condition 1. 3. As compensation for the direct loss of burrowing owl nesting and foraging habitat, the project Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-51 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring proponent shall mitigate by acquiring and permanently protecting known burrowing owl nesting and foraging habitat (The acquisition of burrowing owl habitat can be linked with other habitat acquisition that may be required for this project) at the following ratio: a. Replacement of occupied habitat with occupied habitat at 1.5 times 6.5 acres per pair or single bird; b. Replacement of occupied habitat with habitat contiguous with occupied habitat at 2 times 8.5 acres per pair or single bird; and/or c. Replacement of occupied habitat with suitable unoccupied Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-52 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring habitat at 3 times 6.5 acres per pair or single bird. 4. The project proponent shall establish a nonwasting endowment account for the long term management of the preservation site for burrowing owls. The site shall be managed for the benefit of burrowing owls. The preservation site, site management, and endowment shall be approved by the Department. 3.10-16 Impacts to other birds in Phase II. Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-53 3.10-16 Phase II ground-disturbing activities shall be conducted during the non-breeding season for passerine birds, approximately mid July to mid February. In addition a qualified biologist/ornithologist shall conduct a pre-construction survey for burrowing owls on site within 30 days of the This measure shall be demonstrated prior to issuance of any permit(s) for ground-disturbing activities in Phase II. Monitoring shall be conducted by the Inyo County Public Works (Building April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure onset of ground disturbing activities. Surveys shall be based on the accepted protocols as detailed in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation. (http://www.dfg.ca.gov/hcpb/s pecies/stds_gdl/bird_sg/burow lmit.pdf) Implementation Monitoring and Safety) Department and CDFG. In the event the survey discovers burrowing owls on the site, ground disturbing construction activities shall be additionally limited to the period September 1 through January 31, the non breeding season for burrowing owls. If burrowing owls are found on the project site, the following measures from the CDFG Burrowing Owl Survey Protocol and Mitigation Guidelines shall be implemented. 1. All owls associated with occupied burrows that will Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-54 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring be directly impacted (temporarily or permanently) by the project shall be relocated and the following measures shall be implemented to avoid take of owls: a. Occupied burrows shall not be disturbed during the nesting season of February 1 through August 31, unless a qualified biologist can verify through non-Invasive methods that either the owls have not begun egg laying and incubation or that juveniles from the occupied burrows are foraging Independently and are capable of Independent flight. b. Owls must be relocated by a qualified biologist Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-55 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring from any occupied burrows that will be impacted by project activities. Suitable habitat must be available adjacent to or near the disturbance site or artificial burrows will need to be provided nearby. Once the biologist has confirmed that the owls have left the burrow, burrows should be excavated using hand tools and refilled to prevent reoccupation. c. All relocation shall be approved by the Department. The permitted biologist shall monitor the relocated owls a minimum of three days per week for a minimum of three weeks. A report summarizing the Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-56 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring results of the relocation and monitoring shall be submitted to the Department within 30 days following completion of the relocation and monitoring of the owls. 2. A Burrowing Owl Mitigation and Monitoring Plan shall be submitted to the Department for review and approval prior to relocation of owls. The Burrowing Owl Mitigation and Monitoring Plan shall describe proposed relocation and monitoring plans. The plan shall Include the number and location of occupied burrow sites and details on adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-57 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring details regarding the creation of artificial burrows (numbers, location, and type of burrows) shall also be included in the plan. The Plan shall also describe proposed off-site areas to preserve to compensate for Impacts to burrowing owls/occupied burrows at the project site as required under Condition 1. 3. As compensation for the direct loss of burrowing owl nesting and foraging habitat, the project proponent shall mitigate by acquiring and permanently protecting known burrowing owl nesting and foraging habitat (The acquisition of burrowing owl habitat can be linked with other habitat acquisition that may be required for this project) at the following ratio: Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-58 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring a. Replacement of occupied habitat with occupied habitat at 1.5 times 6.5 acres per pair or single bird; b. Replacement of occupied habitat with habitat contiguous with occupied habitat at 2 times 8.5 acres per pair or single bird; and/or c. Replacement of occupied habitat with suitable unoccupied habitat at 3 times 6.5 acres per pair or single bird. The project proponent shall establish a non-wasting endowment account for the long term management of the preservation site for burrowing owls. The site shall be managed for the benefit of burrowing owls. The preservation site, site Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-59 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation 3.10-17 Impacts to San Emigdio blue butterflies and other invertebrate species in Phase I. Less than Significant 3.10-18 Impacts to San Emigdio blue butterflies and other invertebrate species in Phase II. Less than Significant 3.10-19 Impacts to wildlife at Olancha Spring from increased noise, light and human visitation. Potentially Significant & Cumulative Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-60 Mitigation No. 3.10-19 Mitigation Measure Implementation Monitoring management, and endowment shall be approved by the Department. None required. None required. None required. None required. Crystal Geyser Roxane and any other future developers on the project site shall establish an education program to inform employees of the sensitivity of Olancha Spring and to discourage them from using the area for recreation. Crystal Geyser Roxane shall also post signs on the boundary between the project site and the spring reminding employees that the spring is a protected resource. (Also see Mitigation Measures #3.5-2A and #3.5-2B regarding control of lighting) Crystal Geyser Roxane and its successors shall be responsible for developing and implementing the educational program and putting up the signage. The Inyo County Planning Department shall review the program and signage as a condition of certifying April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring occupancy of the bottling plant or other future facilities. 3.10-20 Groundwater pumping impacts to wetlands and special status species at Olancha Spring. 3.10-21 Loss of approximately 120 acres of winter range habitat for deer due to construction and occupancy of the proposed 10-acre Crystal Geyser Roxane Beverage Bottling Plant and the remaining 110-acre light industrial park. 3.11 Cultural Resources 3.11-1 Potential disturbance or destruction of Site CA-INY5953 (Blue Chip #1) due to construction on the project site. 3.11-2 Potential disturbance or destruction of Site CA-INY5954 (Blue Chip #2) and Site Significant & Significant & Unavoidable Unavoidable Same as Mitigation Measure #3.9B-3. Same as Mitigation Measure #3.9B-3. Less than Significant None required. None required. Less than Significant None required. None required. Less than Significant None required. None required. Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-61 3.10-20 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Mitigation No. Mitigation Measure Implementation Monitoring CA-INY-6496 (Blue Chip #4) due to construction on the project site. 3.11-3 Potential disturbance or destruction of Site CA-INY6499 (Blue Chip #7) due to construction on the project site. Less than Significant None required. None required. 3.11-4 Potential disturbance or destruction of Site CA-INY6495 (Blue Chip #3), CAINY-6497 (Blue Chip #5), and CA-INY-6498 (Blue Chip #6) due to construction on the project site. Less than Significant None required. None required. 3.11-5 Potential disturbance and destruction of Site CA-INY323 due to construction on the project site. Potentially Significant If project improvements intrude on Site CA-INY-323, a representative of a local tribe and a qualified archaeologist shall be present to ensure that important subsurface cultural deposits are not disturbed whenever the following grounddisturbing activities occur on the project site: grading, cutting, filling, trenching or Developers will include these requirements in any project construction contracts and specifications. In addition to the construction superintendent, all construction personnel involved Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-62 3.11-5 April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-63 Mitigation No. Mitigation Measure Implementation Monitoring any other ground-disturbing activity associated with project construction. The qualified archaeologist shall verify the presence of any previously unidentified cultural resources (e.g., unusual amounts of nonnative stone [obsidian, finegrained silicates, basalt], bone, shells, prehistoric or historic period artifacts [such as purple glass, beads, arrowheads, stone tools, etc.; concentrations of cans and bottles; structural remains]). Work in the immediate vicinity shall cease, and the Inyo County Planning Department shall be notified immediately. An evaluation of the significance of the find relative to CEQA impact evaluation criteria and identification of appropriate mitigation shall be prepared by the qualified archaeologist. The archaeologist shall submit appropriate recommendations to the Planning Department. in grounddisturbing activities during project construction will sign documents acknowledging that they have been informed of these requirements and will comply. A qualified archaeologist and local Native American, as appropriate, will be retained to serve as a monitor whenever ground disturbing activities occur. The Planning Department will make final determinations resulting in any required action or mitigation. April, 2005 Impact No. Impact 3.11-6 Potential disturbance and destruction of Site CA-INY4837 due to construction on the project site, which would be in conflict with Inyo County General Plan Policy CUL-1.3. Potential disturbance and destruction of subsurface or previously undiscovered sites due to construction on the project site, which would be in conflict with Inyo County General Plan Policy CUL1.3. 3.11-7 Level of Significance Before After Mitigation Mitigation Less than Significant Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-64 Mitigation No. 3.11-7A Mitigation Measure Implementation Monitoring None required. None required. In the event that subsurface cultural resources are encountered during development, the Inyo County Planning Department shall be notified immediately and work shall cease until a qualified archaeologist and a local Native American monitor (if appropriate) can be consulted. The qualified archaeologist shall verify the presence of any previously unidentified cultural resources (e.g., unusual amounts of nonnative stone [obsidian, finegrained silicates, basalt], bone, shells, prehistoric or historic period artifacts [such as purple glass, beads, arrowheads, stone tools, etc.; concentrations of cans and bottles; structural remains]). Developers shall include these requirements in any project construction contracts and specifications. In addition to the construction superintendent, all construction personnel involved in grounddisturbing activities during project construction shall sign documents acknowledging that they have been informed of these requirements and will comply. April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Potentially Significant Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant Less than Significant ES-65 Mitigation No. 3.11-7B Mitigation Measure Implementation Monitoring An evaluation of the significance of the find relative to CEQA impact evaluation criteria and identification of appropriate mitigation shall be prepared by the qualified archaeologist. The archaeologist shall submit appropriate recommendations to the Planning Department. A qualified archaeologist and/or a local Native American monitor will be retained as needed should unidentified cultural resources be discovered. The Planning Department will make final determinations resulting in any required action or mitigation. Construction activities shall be monitored by the Inyo County Department of Public Works (Building and Safety) Department. Developers will include these requirements in any project In the event that grading, cutting, filling, trenching or any other ground-disturbing activity associated with April, 2005 Impact No. Impact Level of Significance Before After Mitigation Mitigation Inyo County Draft EIR – Crystal Geyser Roxane: Beverage Bottling Plant ES-66 Mitigation No. Mitigation Measure Implementation Monitoring project construction reveals the presence of any skeletal remains, State law requires immediate notification of the County Coroner. The Inyo County Planning Department shall also be notified immediately. If the remains found are a Native American burial site, the Planning Department shall notify interested Native Americans in the county within three days of notification of the existence of the site by project representatives. If the Planning Department finds that avoidance of the site is infeasible, the Planning Department shall expressly permit interested Native Americans to relocate the burial site within 11 days. If the burial site is not relocated by Native Americans within 11 days, the project sponsor may do so. Relocation shall be as close to the original burial site as possible. construction contracts and specifications. The construction superintendent and all construction personnel who will be involved in ground-disturbing activities during project construction will sign documents acknowledging that they have been informed of these requirements and will comply. Construction activities shall be monitored by the Inyo County Department of Public Works (Building and Safety) Department. April, 2005