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HomeMy WebLinkAbout03-27-06 E&O Committee PacketOTAY WATER DISTRICT ENGINEERING AND OPERATIONS COMMITTEE MEETING and SPECIAL MEETING OF THE BOARD OF DIRECTORS 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY,CALIFORNIA Board Room Monday March 27, 2006 4:00P.M. This is a District Committee meeting. This meeting is being posted as a special meeting in order to comply with the Brown Act (Government Code Section §54954.2) in the event that a quorum of the Board is present. Items will be deliberated, however, no formal board actions · will be taken at this meeting. The committee makes recommendations to the full board for its consideration and formal action. AGENDA 1. ROLL CALL 2. PUBLIC PARTICIPATION-OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA INFORMATION I ACTION ITEMS 3. ADOPT MITIGATED NEGATIVE DECLARATION FOR 980-3 RESERVOIR PROJECT (POSADA/SCHOLL) [1 0 minutes] 4. AUTHORIZE THE GENERAL MANAGER TO EXECUTE UTILITY AGREEMENT NOS. 31757 AND 31758 WITH CAL TRANS FOR SR-905 UTILITY RELOCA- TIONS (RIPPERGER/JUYBARI/RIENDEAU) [1 0 minutes] 5. ADJOURNMENT BOARD MEMBERS ATTENDING: Gary Croucher Jose Lopez 1 All items appearing on this agenda, whether or not expressly listed for action, may be deliberated and may be subject to action by the Board. If you have any disability that would require accommodation in order to enable you to participate in this meeting, please call the District Secretary at 670-2280 at least 24 hours prior to the meeting. Certification of Posting I certify that on March 23, 2006, I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time being at least 24 hours in advance of the meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley, California on March 23, 2006. Connie Rathbone, Assistant District Secretary 2 STAFF REPORT TYPE MEETING: Regular Board SUBMITTED BY: Robert Scholl R. ~ Associate Civil Engineer Rod Posad~~~t:r~ APPROVED BY: (Chief) Chief of Development Services Manny Magana~~ AGENDA ITEM 3 MEETING DATE: PROJECT: April 5, 2006 P2037 DIV. NO. 4 APPROVED BY: (Asst. GM) Assistant General~anager, Engineering and Operations SUBJECT: Adoption of a Mitigated Negative Declaration for the 980-3 Reservoir GENERAL MANAGER'S RECOMMENDATION: That the Board authorize the adoption of a Mitigated Negative Declaration for the 980-3 Reservoir. COMMITTEE ACTION: Please see Attachment A. PURPOSE: To obtain Board authorization for approval of a Mitigated Negative Declaration for the construction of the 980-3 Reservoir. ANALYSIS: The 15 million gallon 980-3 Reservoir will be constructed adjacent to the existing 980-1 and 980-2 Reservoirs located within the District's Use Area (See Attachment B for project location). On September 28, 2004, the District's General Manager signed a contract with BRG Consulting, Inc to perform environmental services for the 980-3 Reservoir. These environmental services include the preparation of a Mitigated Negative Declaration (MND) to satisfy the conditions of the California Environmental Quality ·Act (CEQA) . BRG Consulting has completed an Initial Study and draft MND. Based on the findings of these documents, and with proper mitigation measures taken as outlined in the draft MND, the project will not have a significant effect on the environment. The Draft MND was submitted for 30-day public review on January 17, 2006 . Two comment letters were received; one of these being from the U.S. Fish and Wildlife Service and the other from the California Department of Toxic Substances Control (see Attachments C and D) BRG Consulting has incorporated these comments into the MND and finalized the document on March 1, 2006. FISCAL IMPACT: None. STRATEGIC GOAL: This project supports the following strategic goal: Design and construct new infrastructure -satisfy current and future water needs for Potable, Recycled and Wastewater Services. LEGAL IMPACT: No legal impact is anticipated. However, in compliance with the California Environmental Quality Act process, the Final MND will have the normal 30-day legal challenge period once the Notice of Determination (NOD) is recorded with the County of San Diego. The NOD will be recorded within five (5) working days after Board adoption of the MND. General Manager Attachments RS/RP/MM:kr p ,\WORKING\CIP 037\WO 30116\Staff Reports\BD 04-05-06, 980-3 Reservoir MND Adoption (RS) .doc 2 ATTACHMENT A i SUBJECT/PROJECT: ! Adoption of a Mitigated Negative Declaration for the 980-3 l ..... ·············································· ··························· ....... J ~~-~--~-~-~~-~--~·-····· ................................ .. ···················-···················-·········· .................................... ···················-··· ··········-·-················· .............. : COMMITTEE ACTION: On March 27, 2006, the Engineering and Operations Committee met to consider this item and supported staff's recommendation. NOTE: The "Committee Action" is written in anticipation of the Committee moving the item forward for board approval. This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. Legend Environmental Impact Area t2L} Proposed Reservoir Site I Habitat Management Area --Existing Paved Access Roads - -Unpaved Roads -Proposed Access Road ··-··--· 40-ft Contours 100 200 ATTACHMENT B SOURCE: AirPhoto USA 2004 Otay Water District and BRG Consulting Inc 2005 " ~-~ J .. l!__? 1. j r Otay Water District 980-3 Reservoir ·~·~·~· Proposed Project ~,\1l1i'r~ I '" 3/3/05 FIGURE 3 Robert Scholl From: Sent: To: Subject: Dear Kathie: Christopher_ Otahal@fws.gov Wednesday, February 15, 2006 5:26 PM kathie@brginc.net; Robert Scholl Comments on the Draft MND/IS for the 980-3 Reservoir ATTACHMENT C The U.S. Fish and Wildlife Service (Service) has reviewed the draft Mitigated Negative Declaration (MND) and Initial Study (IS) for the proposed Otay Water District (District) 980-3 Reservoir, dated January 17, 2006, and offer the following comments. The Biological Resources Mitigation Measure BS (page 2 of the MND and page 20 of the IS) should provide for the removal of vegetation from the construction footprint outside of the California Gnatcatcher breeding season. Also, the Service recommends that the proposed pre-construction surveys include a 300-foot buffer around the construction footprint and along any access roads. To achieve these recommendations the Service suggests that the first sentence of Mitigation Measure BS be replaced by the following: To avoid potential direct impacts to nesting birds, all vegetation clearing within the construction footprint shall be conducted outside of the California gnatcatcher breeding season (February 1 to August 31). To avoid indirect construction (other than vegetation removal) noise impacts to California gnatcatchers and least Bell's vireos during the breeding season, pre-construction surveys shall be conducted to determine the exact location of nesting sites within 300 feet adjacent to the Environmental Impact Area as depicted in Figure 3 of the draft MND. The IS (page 18) states that the proposed mitigation ratio for coastal sage scrub (1:1) is based upon those of other local agency mitigation requirements such as the Multiple Species Conservation Program (MSCP) sub-area plans for the City .of Chula Vista, City of San Diego and the County of San Diego. However, it should be noted that projects that are subject to discretionary actions by parties to the MSCP benefit from reduced mitigation requirements compared to projects that are subject to discretionary action by entities not party to the MSCP or for which their Subarea Plan has not yet been approved. The application of the MSCP ratios to habitats that are not within an area that is governed by an approved Subarea Plan, which would confer to the project the benefit of reduced mitigation requirements, would not be appropriate. Such is the case with the habitat impacts that would result from the reservoir and associated infrastructure. Consequently, we recommend that, for such impacts, the draft EIR and IS should stipulate mitigation ratios higher than those required by the MSCP. In particular, the mitigation ratio for permanent impacts to coastal sage scrub should be increased to 2:1 to be consistent with other Otay Water District projects. Thank you for considering the Service's comments. If you have any questions regarding this e-mail, please contact me at the address below. 'Sincerely, Chris Otahal ******** Note the new zip code!!! Chris Otahal Fish and Wildlife Biologist Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92011 (760) 431-9440 ******** Note the new zip code!!! *********** *********** 1 ATTACHMENT D Alan C. Lloyd, Ph.D. Agency Secretary Cai/EPA Department of Toxic Substances Control Maureen F. Gorsen, Director 5796 Corporate Avenue Cypress, California 90630 February 16, 2006 Arnold Schwarzenegger Governor E3 ~l: ~ ~t:~~ ;l· r:..'P """') t.<J ~"' =~ Mr. Robert Scholl Otay Water District "' "<.) --:t~-:~--C4~:....'*~:;~7~:~.r.-&..-.;;;_.-0:?:-c~~::~~-.r~·~-,-to ... , -... -;_,... 2554 Sweetwater Springs Blvd Spring Valley, California 91978 .;t:: INITIAL STUDY AND NEGATIVE DEGLARATION (NO) FOR THE 980-3 RESERVOIR PROJECT (SCH#2006012084) Dear Mr. Scholl: The Department of Toxic Substances Control (DTSC) has received your submitted document for the above-mentioned project. As stated in your document: "The proposed project is the construction of a new 15.0 MG reservoir northwest of the existing 980-1 and 980-2 reservoirs". Based on the review of the submitted document DTSC has comments as follows: 1) The NO should identify and determine whether current or historic uses at the project site may have resulted in any release of hazardous wastes/substances. 2) The document states that the NO would identify any known or potentially contaminated sites within the proposed project area. For all identified sites, the NO should evaluate whether conditions at the site may pose a threat to human health or the environment. A Phase I Assessment may be sufficient to identify these sites. Following are the databases of some of the regulatory agencies: • National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). • Site Mitigation Program Property Database (formerly CaiSites): A Database primarily used by the California Department of Toxic Substances Control. · • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. Printed on Recycled Paper Mr. Robert Scholl February 14, 2006 Page 2 • Comprehensive Environmental Response Compensation and Liability Information System (CERCUS): A database of CERCLA sites that is maintained by U.S.EPA. • Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. • Leaking Underground Storage Tanks (LUST) I Spills, Leaks, Investigations and Cleanups (SLIC): A list that is maintained by Regional Water Quality Control Boards. • Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks . . • The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS). 3) The NO should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. -H may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. If no immediate threat exists, the final remedy should be implemented in compliance with state regulations and policies. 4) The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, properly dispose of it rather than placing it in another location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project proposes to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 5) Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by Mr. Robert Scholl February 14, 2006 Page 3 the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 6) If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the ND should identify how any required investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. 7) If the site was used for agricultural purposes and weed abatement may have occurred, onsite soils may contain pesticide and agricultural chemical residue. If the project area was used for poultry, dairy and/or cattle industry operations, the soil may contain related dairy, animal, or hazardous waste. If so, activities at the site may have contributed to soil and groundwater contamination. Proper investigation and remedial actions, if necessary, should be conducted at the site prior to construction of the project. If you have any questions regarding this letter, please contact Mr. AI Shami, Project Manager, at (714) 484-5472 or at "ashami@dtsc.ca.gov". Sincerely, ~~ Greg Holmes Unit Chief Southern California Cleanup Operations Branch -Cypress Office cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 CEQA #1301 Final Mitigated Negative Declaration SUBJECT: Otay Water District 980-3 Reservoir I.ENVIRONMENTAL SETTING: See Initial Study. II.PROJECT DESCRIPTION: See Initial Study. III.DETERMINATION: The Otay Water District (OWD) conducted an Initial Study for the proposed 980-3 Reservoir project, and determined that the proposed project could have a significant environmental effect in the following areas: Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Hydrology/Water Quality, and Noise. Future development of the 980-3 Reservoir shall be required to implement the mitigation measures identified in Section V of this Mitigated Negative Declaration. Implementation of the prescribed mitigation would avoid or mitigate potentially significant environmental effects identified by this analysis, and the preparation of an Environmental Impact Report is not required for the construction of the 980-3 Reservoir. IV.DOCUMENTATION: The attached Initial Study documents the evidence to support the above determination. V.MITIGATION MONITORING AND REPORTING PROGRAM: The following mitigation measures are required to reduce potentially significant impacts associated with Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Hydrology/Water Quality, Noise, and Mandatory Findings of Significance to below a level of significance: Air Quality A1. During clearing, grading, and earth moving, the OWD shall control fugitive dust by regular watering of the site and access road. The following practices shall be implemented: •Spread soil binders; •Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pick up by the wind; •Use water trucks and sprinkler systems to keep all areas where vehicles move wet enough to prevent dust raised when leaving the site; and, •Wet down areas in the late morning and after work is completed for the day. Biological Resources B1. The impact to 0.1 acre of Coastal sage scrub and 0.9 acre of disturbed Coastal sage scrub shall be mitigated through the preservation of Coastal sage scrub at a 2:1 ratio for a total mitigation requirement of 2.0 acre of Coastal sage scrub. The 2.0 acres of Coastal sage scrub shall be preserved in the OWD’s existing habitat management area. B2. The permanent impact to 0.1 acre of native grassland and 0.8 acre of disturbed native grassland shall be mitigated through the preservation of Coastal sage scrub at a 1:1 ratio for a total mitigation requirement of 0.9 acre of native grassland. The 0.9 acre of native grassland shall be preserved in the OWD’s existing habitat management area. B3. The permanent impact to 1.5 acres of non-native grassland shall be mitigated through the preservation non-native grassland at a 0.5:1 ratio for a total mitigation requirement of 0.8 acre of non- native grassland. The 0.8 acre of non-native grassland shall be preserved in the OWD’s existing habitat management area. B4. Prior to construction of the project site (disposal of excavated material into the borrow pit) a pre- construction survey shall be conducted to determine the exact location of Otay tarplant species. Once their location has been determined the site shall be staked and these species shall be completely avoided during the construction of the proposed project. B5. To avoid potential direct impacts to nesting birds, all vegetation clearing within the construction footprint shall be conducted outside the California gnatcatcher breeding season (February 1 to August 31). To avoid indirect construction (other than vegetation removal) noise impacts to California gnatcatchers and least Bell’s vireos during the breeding, pre-construction surveys shall be conducted to determine exact location of nesting sites within 300 feet adjacent to the Environmental Impact as depicted in Figure 3 of the Initial Study. Where noise associated with grading and construction will negatively impact an occupied nest for the least Bell’s vireo during the breeding season (April 10 to July 31) and the California gnatcatcher during the breeding season (February 1 to August 31), noise levels shall not exceed 60 dB(A). If an occupied least Bell’s vireo and/or California gnatcatcher nest is identified in a pre-construction survey, a focused noise survey shall be conducted to determine the potential noise level from the project site to the location of the nest. If the noise level exceeds 60 dB(A) at the nesting site, noise reduction techniques such as temporary noise walls or measures agreed upon between OWD and the USFWS to avoid “take” of these species, shall be incorporated into the construction plans to reduce noise levels below 60 dB(A). B6. Pre-construction surveys shall be conducted to determine the exact location of nesting sites within and/or adjacent to the project area. Where impacts associated with grading and clearing will negatively impact raptors potentially nesting within the eucalyptus trees located on the northern end of the project area, removal of eucalyptus trees shall occur outside the raptor breeding season (February 1 to August 30). Cultural Resources C1.During grading and earthwork the following shall be implemented by the OWD: 1.A qualified paleontologist and/or paleontological monitor shall be retained to implement the monitoring program. A qualified paleontologist is defined as an individual with a Ph.D. or master’s degree in paleontology or geology who is a recognized expert in the application of paleontological procedures and techniques such as screen washing of materials and identification of fossil deposits. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials and who is working under the direction of a qualified paleontologist. 2.The qualified paleontologist shall attend any preconstruction meetings to consult with the excavation contractor. The requirement for paleontological monitoring shall be noted on the construction plans. The paleontologist’s duties shall include monitoring, salvaging, preparing materials for deposit at a scientific institution that houses paleontological collections, and preparing a results report. These duties are defined as follows: a.Monitoring. The paleontologist or paleontological monitor shall be on-site during the original cutting of previously undisturbed areas of the sensitive formation to inspect for well-preserved fossils. The paleontologist shall work with the contractor to determine the monitoring locations and the amount of time necessary to ensure adequate monitoring of the project. b.Salvaging. In the event that well-preserved fossils are found, the paleontologist shall have the authority to divert, direct, or temporarily halt construction activities in the area of discovery to allow recovery of fossil remains in a timely manner. Recovery is anticipated to take from one hour to a maximum of two days. At the time of discovery, the paleontologist shall contact the OWD. OWD must concur with the salvaging methods before construction is allowed to resume. c.Preparation. Fossil remains shall be cleaned, sorted, cataloged, and then deposited in a scientific institution that houses paleontological collections (such as the San Diego Natural History Museum). d.Monitoring Results Report. A monitoring results report, with appropriate graphics, summarizing the results (even if negative), analysis, and conclusions of the above program shall be prepared and submitted to the OWD within three months following the termination of the paleontological monitoring program. 3.A report of findings, even if negative, shall be filed with the OWD and the San Diego Natural History Museum. Geology/Soils Same as Mitigation Measure WQ1, below. Hydrology/Water Quality WQ1. Best Management Practices (BMPs) shall be implemented at the project site during construction and long-term operation of the Reservoir. The contractor specifications require the implementation of BMPs to control water quality runoff during project construction. The following measures shall be implemented: •Develop and implement a Storm Water Prevention Pollution Plan (SWPPP); •Comply with the City of Chula Vista’s SUSMP by selecting post-construction BMPs; •Implement a selection of BMPs (e.g., silt fences, temporary gravel, sandbag barriers, etc.); and, •Prepare a Water Quality Technical Report prior to construction. Noise N1. The following shall be incorporated into the design and construction of the proposed project: •Noise construction activities shall be scheduled only during the hours and days as permitted by OWD standards, which are Monday through Saturday 7:00 AM to 5:00 PM. •A construction schedule shall be developed to minimize potential cumulative construction noise impacts and that accommodate noise-sensitive time periods for the HMA. •All construction equipment, stationary and mobile, shall be equipped with properly operating and maintained muffling devices. Impact tools shall be shielded per manufacturer’s specifications. •Grading and construction equipment shall be stored on the project site while in use. •Where appropriate, construction activity noise levels shall be monitored within the HMA during sensitive avian species breeding seasons (April 10 to July 31 for the least Bell’s Vireo and February 1 to August 31 for the California gnatcatcher). If the noise levels exceed an Leq of 60 dB(A), measures identified in Mitigation Measure B5 discussed above shall be implemented. VI.PUBLIC REVIEW DISTRIBUTION: Draft copies or notice of this Draft Negative Declaration were distributed to: Federal, State, and Local Agencies Mr. Don Chadwick, California Department of Fish and Game Ms. Sandy Marquez, U.S. Fish and Wildlife Service Mr. Terrence C. Dean, U.S. Army Corps of Engineers, Regulatory Branch Mr. John H. Robertus, San Diego Regional Water Quality Control Board Other Entities East County Californian Mr. David C. Fege, U.S. Environmental Protection Agency Mr. Tim Cass, San Diego County Water Authority Ms. Marilyn Ponseggi, City of Chula Vista City of Chula Vista Public Library, Eastlake Branch Owner/Occupant Jed & Norma Novero Anthony & Claire Pipit Viramontes Family Trust Michael Speyrer & Laura Escandon Corriera Living Trust Martin & Liza Cabigas Edurado Salea Joel & Judith Apides James & Patricia Battle Auther Chew & Sheera Blanchette Pacific Bay Properties Arthur & Luz Cardones Schottle Family Trust Ward & Kelly Lannom Thomas & Kathleen Bernard Barbara & Veronica Ballard David & Angelina O’Leary Oscar & Dawn Navarro Dagohoy & Crisamar Eugene & Thelma Dablaing Jose & Sylvia Jimenez Robert & Jacquie Hardesty Danilo & Maritas Pascasro Anabel Villavicencio & Richard Holmes Emilio Abordo Richard & Deborah Ballard Matt & Yolanda Sherard Rowland & Mary Taylor Kohlheim Family Trust Ronald & Wendolyn Pierce Johnson Family Trust Carlos & Lissa Sanchez Alfred & Michelle Cacace Ricardo & Lydia Perez Jose & Catherine Serrato Mike Garrison & Merlita Sarmiento Jerry & Timothy Wilson Hecht Solberg Robinson, Rolling Hills Ranch Community Association Donald L. Knox, McMillin Rolling Hills Ranch VII.RESULTS OF PUBLIC REVIEW: ()No comments were received during the public input period. ()Comments were received but did not address the Draft Negative Declaration finding or the accuracy/completeness of the Initial Study. No response is necessary. The letters are attached. ( X )Comments addressing the findings of the Draft Negative Declaration and/or accuracy or completeness of the Initial Study were received during the public input period. The letters and responses follow. Copies of the Draft Negative Declaration and any Initial Study material are available for review at: Otay Water District, 2554 Sweetwater Springs Boulevard, Spring Valley, CA 91978-2004, Contact Robert Scholl, P.E., Associate Civil Engineer, (619) 670-2219; and the Chula Vista Public Library, Eastlake Branch, 1120 Eastlake Parkway, Chula Vista, CA 91913. January 17, 2006 Kathie Washington Date of Draft Report Assistant Project Manager BRG Consulting, Inc. (Environmental Consultant for OWD) April 5, 2006 Date of Final Report Public Review Comments and Responses Email from Chris Otahal (U.S. FIsh and Wildlife Service), February 15, 2006 – Email provided in Appendix F of the Initial Study Comment 1: The Biological Resources Mitigation Measure B5 (page 2 of the MND and page 20 of the IS) should provide for the removal of vegetation from the construction footprint outside of the California Gnatcatcher breeding season. Also, the Service recommends that the proposed pre- construction surveys include a 300-foot buffer around the construction footprint and along any access roads. To achieve these recommendations the Service suggests that the first sentence of Mitigation Measure B5 be replaced by the following: To avoid potential direct impacts to nesting birds, all vegetation clearing within the construction footprint shall be conducted outside of the California gnatcatcher breeding season (February 1 to August 31). To avoid indirect construction (other than vegetation removal) noise impacts to California gnatcatchers and least Bell’s vireos during the breeding season, pre-construction surveys shall be conducted to determine the exact location of nesting sites within 300 feet adjacent to the Environmental Impact Area as depicted in Figure 3 of the draft MND. Comment 2: The IS (page 18) states that the proposed mitigation ratio for coastal sage scrub (1:1) is based upon those of other local agency mitigation requirements such as the Multiple Species Conservation Program (MSCP) sub-area plans for the City of Chula Vista, City of San Diego and the County of San Diego. However, it should be noted that projects that are subject to discretionary actions by parties to the MSCP benefit from reduced mitigation requirements compared to projects that are subject to discretionary action by entities not party to the MSCP or for which their Subarea Plan has not yet been approved. The application of the MSCP ratios to habitats that are not within an area that is governed by an approved Subarea Plan, which would confer to the project the benefit of reduced mitigation requirements, would not be appropriate. Such is the case with the habitat impacts that would result from the reservoir and associated infrastructure. Consequently, we recommend that, for such impacts, the draft EIR and IS should stipulate mitigation ratios higher than those required by the MSCP. In particular, the mitigation ratio for permanent impacts to coastal sage scrub should be increased to 2:1 to be consistent with other Otay Water District projects. Response to Comments 1 and 2: The District has revised the Mitigated Negative Declaration and Initial Study to reflect all comments made by the U.S. Fish and Wildlife Service (USFWS). Otay Water District 980-3 Reservoir 1 January 2006 Draft Initial Study/Environmental Checklist INITIAL STUDY/ENVIRONMENTAL CHECKLIST FORM 1. Project Title:980-3 Reservoir 2. Lead Agency Name and Address:Otay Water District 2554 Sweetwater Springs Blvd. Spring Valley, CA 91978-2004 3. Contact Person and Phone Number:Robert Scholl, P.E., Associate Civil Engineer, (619) 670-2219 4. Project Location:525 Hunte Parkway, Chula Vista, CA 91914. The project area is located in the eastern portion of the City of Chula Vista (Figures 1 and 2). Access to the project area is provided by an existing access road for the Auld Golf Course and an unnamed paved road located along the western edge of the golf course (Figure 3). The property is located in Section 23 of Township 17 South, Range 1 West, of the San Bernardino Base Meridian, USGS 7.5’ Jamul Mountains Quadrangle. The project area is approximately 0.4-mile north of Proctor Valley Road. 5. Project’s Sponsor’s Name and Address:Otay Water District 2554 Sweetwater Springs Blvd. Spring Valley, CA 91978-2004 6. General Plan Designation:Open Space 7. Zoning:A-8; Agricultural 8. Description of Project: The Otay Water District (OWD) is responsible for delivering potable and recycled water to customers within a current jurisdictional area of 80,320 acres in southern San Diego County. The OWD is divided into five water service systems: the La Presa, Hillsdale and Regulatory systems in the northern portion of the OWD, and the Central Area and Otay Mesa systems in the southern portion of the OWD. This proposed project is located in the Central Area system, which comprises 37,700 acres of eastern Chula Vista. The Central Area system is the fastest growing system in the OWD. The Central Area system had an average daily potable water demand of 10.95 Million Gallons per Day (MGD) in 2002. Due to projected growth rates in the area, the system’s ultimate average daily potable water demand is expected to increase to 29.40 MGD. The Central Area system is divided into several pressure zones to accommodate the rolling terrain that generally rises in elevation from west to east. Currently, the 980 Pressure Zone is the highest zone in the Central Area system. This pressure zone had an average daily potable water demand of 2.04 MGD and a maximum daily demand of 4.58 MGD as of 2002. According to OWD’s Water Resources Master Plan, during the summer of 2006, maximum daily demands are expected to reach 6.37 MGD; and, potable and recycled water demands in the 980 Pressure Zone are anticipated to increase 11 percent per year (OWD, 2004). Otay Water District 980-3 Reservoir 2 January 2006 Draft Initial Study/Environmental Checklist Currently, the 980 Pressure Zone is serviced by the 980-1 Pump Station, located near the intersection of Otay Lakes Road and Lane Avenue. This pump station has a capacity of 8,000 gallons per minute and, during its off- and semi-peak electric grid schedule from May to October, can supply the 980 Pressure Zone with 8.16 MGD of potable water. Storage for the pressure zone is achieved by two 5.02 Million Gallon (MG) steel reservoir tanks, referred to as 980-1 and 980-2 Reservoirs located in the OWD’s Use Area north of the Auld Golf Course (Figure 3). The 980-1 and 980-2 Reservoirs provide a total existing operational storage capacity of 10.04 MG for the 980 Pressure Zone. As discussed in the OWD’s Water Resources Master Plan, the existing capacity is adequate to provide storage requirements until about the year 2006 (OWD, 2004). Due to rapid growth in the 980 Pressure Zone, additional storage is needed now. An additional 15.3 MG will be needed to meet the ultimate storage requirements in the year 2020 (OWD, 2004). As such, additional storage capacity will be needed to meet the ultimate build-out projected storage requirements. Therefore, to address this storage requirement, the OWD is proposing to construct a new 15.0 MG 980-3 Reservoir within the same location as the existing Reservoirs. This 15.0 MG reservoir will be large enough to sustain ultimate build-out storage requirements for the 980 Pressure Zone (Pers. Comm., Robert Scholl, November 5, 2004). The proposed 980-3 potable water Reservoir would have a volume of 15.0 MG, a high water elevation of 981.5 feet, a ringwall elevation of 948 feet and an interior diameter of 275 feet. Figure 4 provides a preliminary site plan for the proposed project. The proposed Reservoir material would consist of a welded steel or concrete reservoir constructed above grade. The Reservoir would be located on property owned by the OWD, northwest of the existing 980-1 and 980-2 Reservoirs. The construction of the 980-3 Reservoir will be referred to hereinafter as the proposed project. The proposed project and related activities will remain within a defined area – depicted as the “environmental impact area” on Figure 3. Access and Fencing The existing 980-1 and 980-2 Reservoirs access road is an unpaved road running along the western edge of the Auld Golf Course at the OWD’s Use Area. The road will be paved as part of the previously approved 980 30-inch pipeline project. The proposed project would obtain access from the same road and will extend it to a 16-foot paved road around the perimeter of the new reservoir. During construction, access to the project site will be provided by existing dirt roads that will be temporarily improved during construction with gravel for safety. All access roads for the proposed project are located within the environmental impact area identified on Figure 3. An eight-foot chain link fence currently encompasses the 980-1 and 980-2 Reservoirs and the OWD’s recycled water holding Pond #4 site. The existing fence would remain in place and only be removed when it is required to construct the new reservoir. When the removal of the existing fence is required, the contractor would provide security fencing to the existing reservoirs. After the construction of the proposed project is complete, the existing fence would be connected to a new eight-foot chain link fence surrounding the new reservoir. Project Construction Construction for the proposed project would only occur during the hours of 7:00 am and 5:00 pm and would be completed in approximately 16 months. Construction is scheduled to begin in September 2006 and be completed by December 2007. Construction equipment will include a variety of equipment such as a backhoe, air compressor, crane, dozer, forklift, grader, trucks, etc. All construction equipment will be stored at a staging area within the defined environmental impact area identified on Figure 3. An estimated 66,000 cubic yards of cut will be excavated from the project site and deposited in the large, deep disturbed area that was previously excavated and used as a borrow pit in the southeastern portion of the project site (depicted as the proposed fill area in Figure 3). Approximately 6,000 total truck trips would be required to move this quantity of material to the borrow pit within the environmental impact area. However, some materials, such as grubbing spoils (i.e., cleared vegetation) and other materials will have to be hauled off-site to a landfill. Such activity will generate only a few non-peak Otay Water District 980-3 Reservoir 3 January 2006 Draft Initial Study/Environmental Checklist hour truck trips. These off-site truck trips will be temporary and will not impact the existing peak, morning and evening traffic periods on the surrounding roadway network. Otay Water District’s Water Resources Master Plan and Program Environmental Impact Report In August 2002, the OWD adopted a Water Resources Master Plan. The Master Plan is a comprehensive program for the orderly and phased development of potable and reclaimed water supply, storage, transmission, and distribution in the OWD’s service area and designated area of influence. The Master Plan is a revision and update to OWD’s 1995 Master Plan to incorporates previous OWD planning efforts and approved land-use development plans, and growth projections within the OWD service area consistent with the San Diego Association of Government’s (SANDAG’s) forecasts. The proposed potable and recycled facilities, and expansions of existing facilities, have been identified with required capacity and phasing. The planning is based on dwelling until and population projections for three increments of development; Phase I (existing – 2006); Phase II (2006 – 2016); and Phase III (2017 – ultimate build out). The Water Resources Master Plan only addresses potable and recycled water facilities, not wastewater facilities. The potable water system capital improvement program facilities consist of pump stations, storage reservoirs, and transmission mains to meet the projected demands within the project area. These capital improvement program (CIP) facilities are the primary facilities that are planned, funded, and constructed by OWD. The secondary potable water facilities are the distribution pipelines and lateral typically 12-inches or smaller in diameter to be planned, funded, and constructed by the development project proponents as part of each development project, known as exaction projects. The Final Program Environmental Impact Report (EIR) was adopted by OWD in 2004. The Program EIR was prepared for the Water Resources Master Plan in the capacity of a Lead Agency pursuant to the California Environmental Quality Act (CEQA) Guidelines. The Program EIR provides information regarding the environmental effects of the Water Resources Master Plan and provides an update to the Master EIR that was prepared for a previous Water Resources Master Plan prepared in 1995. As such, this Program EIR evaluates projects that were previously analyzed in previous Master EIR as well as projects proposed in the current Water Resources Master Plan. The Final Program EIR for the Master Plan examines issues of aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology/soils/paleontology, hazards and hazardous materials, hydrology/water quality, land use/permitting, noise, population/housing, public services, recreation, transportation/traffic, and utilities/service systems. In addition, growth- inducing, state law requirements for the coordination of land use and water supply planning, cumulative impacts, and alternatives to the proposed Master Plan are evaluated in the Program EIR. The Program EIR identifies potential impacts of existing projects, future projects and the kind of mitigation that is to be applied when individual projects are approved or implemented are evaluated in general terms. The Program EIR recognizes that development of mitigation for a specific project may require further evaluation or technical study at the time of subsequent evaluation. 9. Surrounding Land Use and Setting: The project area lies at the base of both the San Miguel and Mother Miguel mountains within the City of Chula Vista (Figures 1 and 2). The new 980-3 Reservoir will be constructed northwest of the existing Auld Golf Course which the property is owned and leased by OWD. Land uses surrounding the project area include open space to the north, the Rolling Hills Ranch residential community to the south, the Auld Golf Course and open space to the east, and the OWD maintained San Miguel Habitat Management Area (HMA) to the west (Figure 3). The 980-1 and 980-2 Reservoirs are located southeast of the project site. The project area is located within a relatively disturbed area. The relatively disturbed area within the project area includes a paved access road and cart paths, the reservoirs, and the vegetated areas of the golf course that are cultivated and maintained such as the greens, fairways, and sand traps. 10. Other agencies whose approval is required: •U.S. Fish and Wildlife Service (Consultation) Otay Water District 980-3 Reservoir 4 January 2006 Draft Initial Study/Environmental Checklist ENIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the project, nothing further is required. January 17, 2006 Signature Date Kathie Washington Environmental Consultant for OWD Printed Name For ;i /! J ·, ' ' Car:np Pendleton ~-~.North · \./ )/ SOURCE' SANDAG and BRG Consulting Inc, 2005 Otay Water District 980-3 Reservoir Regional Location MEXICO 2/16/05 FIGURE 1 ===============-,=---~-=--=================== 5 - 1"\J {If J 0 0 :o. Otoy Water District 980-3 Reservoir FIGURE -~·~·~· Project Location 2 ~Ji!'"''"'''lll. :;o"'" ""'1! 6 Legend Environmental Impact Area l222J Proposed Reservoir Site CJ Habita t Management Area --Existing Paved Access Roads --Unpaved Roads -Proposed Access Road --40-ft Contours SOURCE· AirPhoto USA 2004 Otay Wa ter District and BRG Consulting Inc 2005 ' ' ., -~-m~rn-Otay Water District 980-3 Reservoir Proposed Projec t ~mKBJ~ 7 1/16/06 FIGURE 3 . ''\·. SOURCE: Otoy ·mm·~· i} \ \ EXISTING 980-1 RESfRVOIR 5 MG CENTER OF TANK Northing "" 1828839,6031 Eostlng = 6344472.2962 Otoy Water o·1strict 980-3 Reservoir Preliminary Site Plan EXISTING 980-2 RESERVOIR 5 MG EXISTING POND 4 ----R'<l ---- l/16/06 FIGURE 4 8 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 9 January 2006 Draft Initial Study/Environmental Checklist I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? The project area is located on relatively disturbed vacant land and is generally surrounded on the north, west, and east by relatively undisturbed vacant land. The existing OWD Reservoirs (980-1 and 980-2) and the Auld Golf Course are located to the south. The project area is not located within a designated view corridor or scenic vista, and there is limited public access in this area. Therefore, the project will not adversely affect a scenic vista and no significant impact to this issue is anticipated. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Please see I a) above. There are no scenic highways, or scenic resources in, or in the vicinity of the project. Therefore, no impact to this issue is anticipated. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Please see I a) above. The proposed project will not degrade the existing visual character of the surrounding area. Figure 5 provides a cross-section of the proposed project in relation to the existing elevation of the site. The proposed reservoir will be located in immediate proximity to the existing reservoirs, and at the same elevation and height as the existing reservoirs. While the project will result in new development within a currently vacant area, the aesthetic impact is considered less than significant. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? The proposed new Reservoir will function primarily as an unmanned facility; however, there will be night lighting at the Reservoir to provide a level of security and to facilitate night access to the facility. The Reservoir will be designed to limit the introduction of new light to the area by incorporating the following measures: •Lighting is minimized on the sides of the reservoir that face undeveloped areas (north and east); •All outdoor lighting fixtures will be shielded and located to minimize the potential for spillover light into adjacent habitat areas; and, •External features made of metallic or smooth surfaces that could generate glare from local lighting are not proposed. In addition, no lighting is proposed during construction, all construction will occur during daylight hours. The proposed project will not generate light or glare, and the impact to this issue is considered less than significant. 1010 1000 990 980 970 960 950 940 930 920 RESERVOIR SECllON A-A GRAPHIC SCALE --i i j (IN RET) SOURCE OtayW~a~tegr~D~Is~tgnc~t~2~00~6~========================================================~====~~===================================================================== ~~~~~~~~16=1°6 Otay Water District 980-3 Reservoir FIGURE 980-3 Reservoir Cross Section 5 10 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 11 January 2006 Draft Initial Study/Environmental Checklist II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? There are no prime farmland, farmland of statewide importance, or unique farmland designations within the project area. The project area consists of land classified as farmland of local importance and grazing land. However, currently the project area is not utilized for agriculture or grazing. The proposed project will not convert the project area to a non-agriculture use, as there is no agriculture use on the project area. In addition, as a Special District, there are no local land use plans or policies applicable to OWD. Therefore, no impact to this issue is anticipated. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The project area is zoned for agriculture by the City of Chula Vista. However, as discussed in the City of Chula Vista’s General Plan, a public utility project is an allowed use in this zone and the site is not under a Williamson Act contract. Therefore, no impact to this issue is anticipated. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? The proposed project is located within a relatively disturbed area that is not used for agricultural operations. The project would not involve changes that would convert farmland to non-agricultural use. No impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 12 January 2006 Draft Initial Study/Environmental Checklist III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? The proposed project will not obstruct the implementation of the Regional Air Quality Strategy developed jointly by the San Diego Air Pollution Control District. The OWD Water Resources Master Plan is consistent with SANDAG regional growth forecasts. As such no significant impact to this issue is anticipated. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? The long-term operation of the proposed 980-3 Reservoir will not generate significant air emissions. Occasional maintenance will be required, amounting to a few vehicular trips per year. Construction of the project will result in a short-term increase in exhaust emissions by construction equipment and maintenance vehicles. However, the operation of these vehicles will not generate emissions that exceed the Air Pollution Control District (APCD) significance thresholds of 137 lbs/day of ROG, 550 lbs/day of CO, 250 lbs/day of NOX, 250 lbs/day of SO2, and 100 lbs/day of PM10. The construction fleet mix will include a crane, bulldozers, excavators, roller, forklifts, trucks, concrete vibrators, compressor, concrete trowel machine, and a power generator. This equipment will generate approximately 32.33 lbs/day ROG, 221.78 lbs/day of NOx, 0.18 lbs/day of SO2, 9.01 lbs/day of PM10, and 264.73 lbs/day of CO for the year 2006 and 32.28 lbs/day ROG, 214.74lbs/day of NOx, 0.02 lbs/day of SO2, 8.08 lbs/day of PM10, and 266.89 lbs/day of CO for the year 2007. This will be less than the APCD significance thresholds. These air emission estimates are conservative in that the estimates assume that all equipment would operate all together, which would not occur. As such, this is a worse case scenario of the construction air emissions. Under the San Diego APCD Rules and Regulations, a construction site may be considered a stationary source of air pollutant emissions. Fugitive dust emissions are subject to regulation by APCD and the applicable local ordinances. The OWD will be required to comply with the applicable APCD regulations regarding control of fugitive dust during grading. Additionally, implementation of this measure will address the potential indirect, adjacency management issue related to dust on adjacent habitat (see Section IV Biological Resources). Mitigation Measure A1 is proposed to ensure that watering on the project area during grading operations is implemented in accordance with APCD regulations. With the implementation of this mitigation measure, the air quality impact associated with construction activity will be less than significant. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 13 January 2006 Draft Initial Study/Environmental Checklist Mitigation Measure A1.During clearing, grading, and earth moving, the OWD shall control fugitive dust by regular watering of the site and access road. The following practices shall be implemented: •Spread soil binders; •Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pick up by the wind; •Use water trucks and sprinkler systems to keep all areas where vehicles move wet enough to prevent dust raised when leaving the site; and, •Wet down areas in the late morning and after work is completed for the day. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Please see III b) above. The proposed project will not result in a cumulatively considerable net increase in any air constituents or violate any air quality standard. No impact to this issue is anticipated. d) Expose sensitive receptors to substantial pollutant concentrations? Operation of the proposed project would not expose sensitive receptors to substantial pollutant concentrations. There are no sensitive air quality receptors located in proximity to the project area and access roads. Dust control measures will be implemented during construction of the project in accordance with rules established by the San Diego APCD (see Mitigation Measure A1). No impact to this issue is anticipated. e) Create objectionable odors affecting a substantial number of people? The proposed project would not create objectionable odors. Odor as a result of construction vehicle operation would be generated; however, the generation of odors would be temporary, and there are no habitable land uses located in proximity to the construction area; therefore, the impact is not considered significant. Furthermore, there are no residences located in proximity to the project site. The proposed project will not create objectionable odors affecting a substantial number of people and no impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 14 January 2006 Draft Initial Study/Environmental Checklist IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? A general biological survey and report was prepared by Rocks Biological Consulting for the proposed project. This report, Biological Resources Report for the Proposed Otay Water District 980-3 Reservoir Project (November 21, 2005), is provided as Appendix A of this Initial Study. The following is summarized from the biological technical report. Vegetation Communities Figure 6 depicts the habitats and sensitive species located on the project site. The project site consists of seven vegetation communities. The project site is moderately diverse in native species because most of the site has been disturbed, but the surrounding OWD Habitat Management Area (HMA) land supports relatively high species diversity. The plant communities identified in the project site include Coastal sage scrub (0.1 acre), disturbed Coastal sage scrub (0.9 acre), native grassland (0.1 acre), disturbed native grassland (0.8 acre), non-native grassland (1.5 acres), eucalyptus woodland (0.9 acre), disturbed habitat (3.6 acres), developed (0.5 acre), and barren (dirt roads/cleared areas) (3.0 acres). Coastal sage scrub is supported in a small patch on the project area. Coastal sage scrub occurs at the northern end of the project area, within the location on the western side of the proposed 980-3 Reservoir. Disturbed Coastal sage scrub occurs at the northern portion of the project area, within the location of the proposed 980-3 Reservoir. Based on the sparse growth pattern and presence of non-native species within this area, it appears that the disturbed Coastal sage scrub has been disturbed (e.g., grubbing, does not appear to have been graded) in the past and now occurs within a mosaic of native and non-native Grassland. Native grassland is located on the northeast corner of the project area. The native grassland is primarily disturbed and supports the Purple needlegrass, Graceful tarplant, Common tarplant, and Blue-eyed grass. Disturbed native grassland is located in the northern portion of the project area. This area is classified as disturbed Native Grassland because the area appears to have been brushed or physically disturbed in the past and has been invaded by weedy annual grasses and forbs between the Native Grassland species. Non-native grassland is located in several small areas within the project area, but is primarily located in the northern portion. The dominant grass on the project site is Italian rye with a lesser percent cover of red brome, ripgutgrass, and wild oat. Legend Proposed Reservoi" Site Sensitive Animal and Plant Species I@ Least Belts Vireo ( Vi'eo be/Iii pusi/lus) Observations 12005) California Gnatcalcher Observations 12005) Coopers Hawk Observation 12005) Son Diego Sunflower ( Viguiera laciniafa) ICNPS L~t 4) Graceful T arplanl ( Holocarpha vrgota ssp. elongolo )ICNPS L~t 4) Otoy T arplant ( Oeinandra conjugens )Federoly Endangered ICNPS Ust 18) Native Grassland Disturbed Native Grassland NorrNatlve Grassland css DCSS NG DNG NNG EUC DH DEY BARE CULVERT SOURCE· Otay Water District, AirPhoto USA 2004 and BRG Consulting, Inc . and Rocks Biological Consulting 2005 1/16/06 .~:~·ffi· Otay Water District 980-3 Reservoir FIGURE Existing Biological Resources 6 ~ 15 Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 16 January 2006 Draft Initial Study/Environmental Checklist Eucalyptus woodland occurs as a dense stand in the eastern portion of the project area immediately east of the existing reservoirs. Eucalyptus trees are also present in clusters along the dirt road in the southwest portion of the project area. Disturbed habitat is primarily located on the southern portion of the project area. Disturbed habitat is land where the native vegetation has been significantly altered by agriculture, construction, or other land- clearing activities, and the species composition and site conditions are not characteristic of the disturbed phase of a native plant association (e.g., disturbed Coastal sage scrub). Disturbed habitat is typically found in vacant lots, roadsides, construction staging areas, or abandoned fields, and is dominated by non-native species. Plant species present in the disturbed habitat onsite are primarily non-native and include Short- pod mustard, Russian-thistle, Horseweed, and Australian saltbrush. Developed areas within the project area include the paved access road and cart paths, the reservoirs, and the vegetated areas of the golf course that are cultivated and maintained such as greens, fairways, and sand traps. Barren areas onsite include the dirt roads that run throughout the project area and the cleared area along the bottom of the borrow pit in the southeast portion of the project area. Wildlife Species The wildlife species observed within the project area (within the limits of the environmental impact area) are typical for a disturbed and developed site adjacent to native habitat areas. Bird species observed onsite include the Red-tailed hawk, House finch, Common raven, Northern flicker, California towhee, and Cooper’s hawk (a California Department of Fish and Game (CDFG) Species of Special Concern). Mammals or their sign that were observed within the project area or in the adjacent HMA include Mule deer, Coyote, California ground squirrel, and Audubon’s cottontail. Invertebrates observed within the project area include the following butterflies: Monarch, Funereal Duskywing, Common white, and Painted lady. Sensitive Plant Species Three sensitive plant species, the federally endangered Otay tarplant (CNPS List 1B), Graceful tarplant (CNPS List 4), and San Diego sunflower (CNPS List 4) were observed within the project area (Figure 6). Otay tarplant occurs in a small population along a disturbed slope above the borrow pit in the southeast portion of the site (Figure 6). The population likely consists of less than 50 individuals, but some plants may not have been observable because of the late season timing of the survey. Sensitive Wildlife Species No sensitive animal species were observed within the project area. Figure 6 depicts Three sensitive wildlife species, the federally endangered least Bell’s vireo, the threatened California gnatcatcher, and the CDFG Species of Special Concern Copper’s hawk was observed adjacent to the project area. U.S. Fish and Wildlife Service (USFWS) protocol surveys for the endangered Quino checkerspot butterfly were negative in 2005. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 17 January 2006 Draft Initial Study/Environmental Checklist Wildlife Service (USFWS) protocol surveys for the endangered Quino checkerspot butterfly were negative in 2005. Based on annual surveys by AMEC Environmental, the least Bell’s vireo is known to nest in the scrubby riparian habitat adjacent to Anderson Pond (Figure 6). Although not observed directly in the project area, this species can forage up to 200 feet from the riparian edge and occasionally nest in non-riparian habitat. During USFWS protocol surveys conducted in 2005, the federally threatened California gnatcatcher was not observed within the project area; however, this species was observed within the 500-foot survey buffer approximately 200 feet from the project site (Figure 6). This species nests almost exclusively in open sage scrub in coastal San Diego County. The quality and quantity of the Coastal sage scrub onsite may not be suitable to support nesting by the California gnatcatcher, but the site may be used for foraging. Cooper’s hawk, a CDFG Species of Special Concern, is likely using the eucalyptus woodland onsite or immediately adjacent to the project area for nesting, perching, and foraging (Figure 6). Project Habitat Impacts Figure 6 depicts the limits of project grading (environmental impact area) overlayed on the vegetation of the project site. Table 1 depicts the impacts to habitat as a result of implementation of the proposed project. As shown, the proposed project will impact 0.1 acre of Coastal sage scrub, 0.5 disturbed Coastal sage scrub, 0.1 acre of native grassland, 0.8 disturbed native grassland, 1.5 acres of non-native grassland, 0.9 acre of eucalyptus woodland, 3.6 acres of disturbed habitat, 0.5 acre of developed land, and 3.0 acres of barren land. The following describes the mitigation required to reduce the impact to a level less than significant. TABLE 1 Habitat Impacts (acres) Habitat Acreage of Impact Coastal sage scrub 0.1 Disturbed Coastal sage scrub 0.9 Native grassland 0.1 Disturbed native grassland 0.8 Non-native grassland 1.5 Eucalyptus woodland 0.9 Disturbed habitat 3.6 Developed 0.5 Barren 3.0 TOTAL 11.4 Source: Rocks Biological Consulting, 2005. Habitat Mitigation Requirements To mitigate impacts on habitats, OWD proposes to conserve additional lands in their HMA that was established to function as a conservation area to mitigate impacts that occur as a result of their projects and activities. Areas of higher quality habitat that occurs within the project site should be set aside as conserved mitigation land within the HMA. The mitigation ratios provided in Table 2 are consistent with those other local agency mitigation requirements such as the City of Chula Vista (pursuant to their Habitat Loss and Incidental Take Ordinance and MSCP), City of San Diego (pursuant to their Biology Guidelines and MSCP Subarea Plan), and the County of San Diego (pursuant to their Biological Mitigation Ordinance and MSCP). Areas of higher quality habitat that occur within the project site should be set aside as conserved mitigation land within the HMA. OWD existing Coastal sage scrub habitat credits within their HMA, therefore OWD proposes to mitigate all habitat impacts from the proposed project by preserving Coastal sage scrub habitat within the HMA. Table 2 provides the mitigation requirements for impacts to vegetation communities within the project Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 18 January 2006 Draft Initial Study/Environmental Checklist activities. Areas of higher quality habitat that occurs within the project site should be set aside as conserved mitigation land within the HMA. The mitigation ratios provided in Table 2 are consistent with those other local agency mitigation requirements such as the City of Chula Vista (pursuant to their Habitat Loss and Incidental Take Ordinance and MSCP), City of San Diego (pursuant to their Biology Guidelines and MSCP Subarea Plan), and the County of San Diego (pursuant to their Biological Mitigation Ordinance and MSCP). Areas of higher quality habitat that occur within the project site should be set aside as conserved mitigation land within the HMA. OWD existing Coastal sage scrub habitat credits within their HMA, therefore OWD proposes to mitigate all habitat impacts from the proposed project by preserving Coastal sage scrub habitat within the HMA. Table 2 provides the mitigation requirements for impacts to vegetation communities within the project area. TABLE 2 Required Mitigation Acreage for Habitat Impacts Habitat Acreage of Impact Proposed Mitigation Ratio* Proposed Mitigation Acreage Coastal sage scrub 0.1 2:1 0.2 Disturbed Coastal sage scrub 0.9 2:1 1.8 Native grassland 0.1 1:1 0.1 Disturbed native grassland 0.8 1:1 0.8 Non-native grassland 1.5 0.5:1 0.8 Eucalyptus woodland 0.9 Not Required -- Disturbed habitat 3.6 Not Required -- Developed 0.5 Not Required -- Barren 3.0 Not Required -- TOTAL 11.4 N/A 2.7 Source: Rocks Biological Consulting, 2005. *Mitigation ratios are based on other local agency mitigation requirements (i.e., City of Chula Vista, City of San Diego, and County of San Diego). Mitigation Measures for Habitat Impacts B1. The impact to 0.1 acre of Coastal sage scrub and 0.9 acre of disturbed Coastal sage scrub shall be mitigated through the preservation of Coastal sage scrub at a 2:1 ratio for a total mitigation requirement of 2.0 acre of Coastal sage scrub. The 2.0 acres of Coastal sage scrub shall be preserved in the OWD’s existing habitat management area. B2. The impact to 0.1 acre of native grassland and 0.8 acre of disturbed native grassland shall be mitigated through the preservation of Coastal sage scrub at a 1:1 ratio for a total mitigation requirement of 0.9 acre of native grassland. The 0.9 acre of native grassland shall be preserved in the OWD’s existing habitat management area. B3. The impact to 1.5 acres of non-native grassland shall be mitigated through the preservation non-native grassland at a 0.5:1 ratio for a total mitigation requirement of 0.8 acre of non-native grassland. The 0.8 acre of non-native grassland shall be preserved in the OWD’s existing habitat management area. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 19 January 2006 Draft Initial Study/Environmental Checklist Impacts to Sensitive Plant Species The proposed project site contains sensitive plant species. Focused sensitive plant surveys were conducted for the project (Rocks Biological Consulting, 2005). The following sensitive plants have been identified within the project area: federally endangered Otay tarplant, San Diego sunflower and the Graceful tarplant. The proposed project proposes to avoid impacts to the Otay tarplant species located within the project area. OWD believes that there is ample space within the borrow pit of the project area to dispose of the 66,000 cubic yards of excavated material from the reservoir site and would not result in impacts to the Otay tarplant species located adjacent to the borrow pit. However, in order to further ensure avoidance of this species, Mitigation Measure B4 shall be implemented to reduce potential impacts to Otay tarplant species to a level less than significant. The San Diego sunflower and Graceful tarplant species are considered sensitive plant species; however, neither of these species is listed as endangered or otherwise protected. These are common species within the area. As such, impacts to these species will be less than significant. Mitigation Measures for Sensitive Plants B4. Prior to construction of the project site (disposal of excavated material into the borrow pit) a pre- construction survey shall be conducted to determine the exact location of Otay tarplant species. Once their location has been determined the site shall be staked and these species shall be completely avoided during the construction of the proposed project. Impacts to Sensitive Wildlife Species Direct impacts to sensitive wildlife species are not anticipated. However, the least Bell’s vireo and California gnatcatcher are sensitive species that may be indirectly impacted by noise during construction. In 1991, the USFWS adopted a 60 average decibels (dB(A)) noise level as a threshold for noise effects to protect sensitive bird species such as the least Bell’s vireo and California gnatcatcher. Potential noise effects on these species must be avoided through project Best Management Practices and/or mitigation. Potential noise impacts on least Bell’s vireo and California gnatcatcher should be reduced or eliminated in consultation with the wildlife agencies. As discussed above, the least Bell’s vireo occurs and nests immediately adjacent to the project area and the California gnatcatcher was observed foraging within a couple hundred feet of the project area (Figure 6). As discussed in Section XI. Noise of this Initial Study, a noise study conducted for the proposed project concluded that noise levels will be 60 db(A) at a distance of up to 955 to 1,045 feet from the center of construction activity during the grading phase (September 2006 to March 2007) and 660 to 795 feet during the construction phase (April 2007 to October 2007). The breeding season for the California gnatcatcher occurs approximately February 1 to August 31 and the least Bell’s vireo typically breeds between April 10 and July 31. Based on the results of the noise study, the proposed project has the potential to result in indirect construction related noise impacts on the least Bell’s vireo and California gnatcatcher. Because it is not currently possible to determine the exact location of the nesting site within the project area of these species (each year the nesting location would change), OWD proposes to conduct surveys for these species prior to the start of construction to determine their exact location. In addition, focused noise measurements can then be taken in the field near the location of these species. If the California gnatcatcher or least Bell’s vireo are within the potential noise impact area, additional mitigation measures identified in Mitigation Measure B5 shall be implemented to reduce the potential impact to these species to a level less than significant. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 20 January 2006 Draft Initial Study/Environmental Checklist California gnatcatcher or least Bell’s vireo are within the potential noise impact area, additional mitigation measures identified in Mitigation Measure B5 shall be implemented to reduce the potential impact to these species to a level less than significant. In addition, as discussed above, the Cooper’s hawk is potentially nesting within eucalyptus trees within the project area. Potential impacts to the eucalyptus trees will result in direct impacts to the Cooper’s hawk if the species is nesting in the trees at the time removal of the trees is proposed. As such, the Mitigation Measure B6 shall be implemented to reduce the potential impact to these species to a level less than significant. Mitigation Measures for Sensitive Wildlife Species B5. To avoid potential direct impacts to nesting birds, all vegetation clearing within the construction footprint shall be conducted outside the California gnatcatcher breeding season (February 1 to August 31). To avoid indirect construction (other than vegetation removal) noise impacts to California gnatcatchers and least Bell’s vireos during the breeding, pre-construction surveys shall be conducted to determine exact location of nesting sites within 300 feet adjacent to the Environmental Impact as depicted in Figure 3 of the Initial Study. Where noise associated with grading and construction will negatively impact an occupied nest for the least Bell’s vireo during the breeding season (April 10 to July 31) and the California gnatcatcher during the breeding season (February 1 to August 31), noise levels shall not exceed 60 dB(A). If an occupied least Bell’s vireo and/or California gnatcatcher nest is identified in a pre-construction survey, a focused noise survey shall be conducted to determine the potential noise level from the project site to the location of the nest. If the noise level exceeds 60 dB(A) at the nesting site, noise reduction techniques such as temporary noise walls or measures agreed upon between OWD and the USFWS to avoid “take” of these species, shall be incorporated into the construction plans to reduce noise levels below 60 dB(A). B6. Pre-construction surveys shall be conducted to determine the exact location of nesting sites within and/or adjacent to the project area. Where impacts associated with grading and clearing will negatively impact raptors potentially nesting within the eucalyptus trees located on the northern end of the project area, removal of eucalyptus trees shall occur outside the raptor breeding season (February 1 to August 30). b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The proposed project will not impact any wetland or riparian habitats. However, as indicated above, implementation of the proposed project will impact approximately 0.1 acre of Coastal sage scrub, 0.9 acre of disturbed Coastal sage scrub, 0.1 acre of native grassland, 0.8 acre of disturbed native grassland, and 1.5 acres of non-native grassland, which are considered sensitive habitat communities. Implementation of Mitigation Measures B1, B2, and B3 identified above will reduce the impact to a level less than significant. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 21 January 2006 Draft Initial Study/Environmental Checklist c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? According to the Biology Survey of the project area (Rocks Biological Consulting, 2005), the project area does not support jurisdictional wetlands or other Waters of the U.S. However, jurisdictional areas occur immediately off-site adjacent (along western boundary) to the proposed access road near the location of the least Bell’s vireo nesting site and a small drainage near the northwest corner of the project area (Figure 6). The wetlands adjacent to the access road are associated with a large ponded area (locally known as the Anderson Pond) and include small patches of riparian scrub and freshwater marsh. These wetlands occur immediately adjacent to the access road along the western boundary of the project area. The drainage in the northwest corner of the project area conveys overflow runoff from the existing Reservoirs into an ephemeral drainage that typically conveys water during winter and spring storm events. It has been disturbed by a large headwall and dirt road that are near the start of the drainage. The drainage is dominated by upland, native species that are not indicative of wetlands. The proposed project will remain within the defined environmental impact area identified on Figure 3 and the project will avoid any potential impact to these drainages. The proposed project will not result in a substantial adverse effect on wetlands and impacts to this issue are considered less than significant. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The project area is located within a relatively disturbed area, north of the golf course and east and west of the OWD’s HMA. The proposed project will not interfere substantially with the movement of any wildlife species or impede the use of native wildlife nursery sites. The proposed project site is not located in an area identified as a wildlife corridor or for use by migratory species. However, as discussed above, the least Bell’s vireo, California gnatcatcher, and Cooper’s hawk species have been observed adjacent to the project area. These species would not be directly impacted by the proposed project. However, an indirect impact could occur as a result of grading and construction activity. Implementation of Mitigation Measures B5 and B6, as indicated above, would reduce the potential impact to a level less than significant. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 22 January 2006 Draft Initial Study/Environmental Checklist e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The project area is located within a relatively disturbed area, north of the golf course and east and west of the OWD’s HMA. The project area is not located within the City of Chula Vista MSCP or any other preservation plan area. There are no ordinances or policies specific to the site. No impact to this issue is anticipated. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The project area is located within a relatively disturbed area, north of the golf course and east and west of the OWD’s HMA. The project area is not located within the City of Chula Vista’s MSCP or any other conservation plan. No impact to this issue is anticipated. V. CULTURAL RESOURCES. Would the project: a)Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? A cultural resources survey was conducted for the project area (ASM Affiliates, 2005). The cultural resources report is provided as Appendix B of this Initial Study. Based on the results of the cultural resources survey, no historical resources as defined in §15064.5 were identified within the project area. Therefore, the proposed project would not cause an adverse change of a historical resource. No impact to this issue is anticipated. b)Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? A cultural resources survey was conducted for the project area (ASM Affiliates, 2005). The cultural resources report is provided as Appendix B of this Initial Study. Based on the results of the cultural resources survey, there are no archaeological resources located within the project area, and no impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 23 January 2006 Draft Initial Study/Environmental Checklist c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? The project area is located within a relatively disturbed area. The project area is located on the Otay Formation and a portion of the northern most area is located on metavolcanics. The Otay Formation is identified as having a high paleontological sensitivity; there is no paleontological sensitivity for the metavolcanic areas (Deméré, 1993). The construction of the proposed project will involve grading and excavation activities within potential fossil-bearing geologic formations, which could potentially impact significant paleontological resources. Mitigation Measure C1 is proposed to ensure that a program for the monitoring and recovery of any potential paleontological resources that could be encountered during grading and earthwork shall be implemented during construction. With the implementation of Mitigation Measure C1, the potential to destroy a unique paleontological resource will be less than significant. Mitigation Measure C1.During grading and earthwork the following shall be implemented by the OWD: 1.A qualified paleontologist and/or paleontological monitor shall be retained to implement the monitoring program. A qualified paleontologist is defined as an individual with a Ph.D. or master’s degree in paleontology or geology who is a recognized expert in the application of paleontological procedures and techniques such as screen washing of materials and identification of fossil deposits. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials and who is working under the direction of a qualified paleontologist. 2.The qualified paleontologist shall attend any preconstruction meetings to consult with the excavation contractor. The requirement for paleontological monitoring shall be noted on the construction plans. The paleontologist’s duties shall include monitoring, salvaging, preparing materials for deposit at a scientific institution that houses paleontological collections, and preparing a results report. These duties are defined as follows: a.Monitoring. The paleontologist or paleontological monitor shall be on-site during the original cutting of previously undisturbed areas of the sensitive formation to inspect for well-preserved fossils. The paleontologist shall work with the contractor to determine the monitoring locations and the amount of time necessary to ensure adequate monitoring of the project. b.Salvaging. In the event that well-preserved fossils are found, the paleontologist shall have the authority to divert, direct, or temporarily halt construction activities in the area of discovery to allow recovery of fossil remains in a timely manner. Recovery is anticipated to take from one hour to a maximum of two days. At the time of discovery, the paleontologist shall contact the OWD. OWD must concur with the salvaging methods before construction is allowed to resume. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 24 January 2006 Draft Initial Study/Environmental Checklist c.Preparation. Fossil remains shall be cleaned, sorted, cataloged, and then deposited in a scientific institution that houses paleontological collections (such as the San Diego Natural History Museum). d.Monitoring Results Report. A monitoring results report, with appropriate graphics, summarizing the results (even if negative), analysis, and conclusions of the above program shall be prepared and submitted to the OWD within three months following the termination of the paleontological monitoring program. 3.A report of findings, even if negative, shall be filed with the OWD and the San Diego Natural History Museum. d) Disturb any human remains, including those interred outside of formal ceremonies? The proposed project will construct a new Reservoir within a relatively disturbed area. A cultural resources survey conducted for the project area (ASM Affiliates, 2005) and provided in Appendix B of this Initial Study, found no human remains or cultural resources within the project area. It is unlikely that any human remains will be found or disturbed. In compliance with OWD’s Master Plan Program EIR (OWD, 2004), if human remains are discovered, any project activity that would impact the remains shall be stopped and County Coroner and/or Native American Heritage Commission shall be contacted immediately. No activity that would impact the remains shall be resumed until disposition of the remains satisfactory to these agencies has been implemented. Therefore, the impact to this issue is considered less than significant. VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i)Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? A geotechnical reconnaissance has been conducted for the project site (Ninyo and Moore, 2004). The geotechnical investigation is provided as Appendix C of this Initial Study. The project area is not located in a hazard zone identified by the Alquist-Priolo Earthquake Zoning Act, Special Publication 42, Revised 1994, Fault-Rupture Hazard Zones in California. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 25 January 2006 Draft Initial Study/Environmental Checklist Although no active faults are known to transect the project site, the project site is considered to be in a seismically active area, as is most of Southern California. The site is located in the Peninsular Range Geographic Province. The area is identified by rugged, northwest trending mountain ranges to the east and coastal plains to the west. Several earthquake fault zones exist in the regional vicinity of the project area increasing the potential for earthquake damage on-site. The closest fault to the project site is the active Rose Canyon Fault, which is located approximately 11 miles west of the project area. The maximum magnitude of the fault is estimated at 6.9. The level of risk is similar to most of the Southern California region. The new Reservoir will be primarily an unmanned facility and will be constructed to current seismic codes. Therefore, the risk of loss, injury, or death is considered less than significant. ii) Strong seismic ground shaking? Please see VI a) i. above. There may be significant ground shaking from the Rose Canyon Fault zone. However, the project proposes to construct a new Reservoir in a relatively disturbed area, and does not otherwise involve the construction or placement of structures or development that would result in exposure of people or property to strong seismic ground shaking. Therefore, the impact to this issue is considered less than significant. iii)Seismic-related ground failure, including liquefaction? According to the geotechnical reconnaissance conducted for the project (Ninyo and Moore, 2005) (Appendix C of this Initial Study), the project site lacks a shallow groundwater table and relatively dense nature of the subsurface materials. As such, the potential for liquefaction within the project area is considered low. No impact to this issue is anticipated. iv)Landslides? The majority of the project area has been relatively disturbed by the development of the two existing Reservoirs. Furthermore, the project area is relatively flat and would not be subject to the effects of landslides as no landslides or indications of deep-seated landsliding currently exist within the project area. No impact to this issue is anticipated. b) Result in substantial soil erosion or loss of topsoil? The project area has been relatively disturbed by the development of the two existing Reservoirs; however, the property has natural vegetation already established on portions of the project area. This vegetation protects against soil erosion. In addition, the project area is underlain with Diablo Clay (DaC and DaD). The Diablo Clay has a slight to no erosion hazard. The construction of the proposed project would involve trenching into these soils, which has the potential for erosion as a result of runoff during storm events. The project will be required to implement Best Management Practices (BMPs) for short-term erosion impacts associated with construction activities and long-term water quality impacts. The proposed BMPs and mitigation requirements are discussed in Section VIII Hydrology and Water Quality of this Initial Study. With Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 26 January 2006 Draft Initial Study/Environmental Checklist the implementation of proposed mitigation measures identified in Section VIII, the potential impact associated with soil erosion will be reduced to a level less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Please see VI a) ii) and iv) above. The impact to this issue is considered less than significant. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? The project area is underlain with Diablo Clay, which has a high shrink-swell behavior and is considered an expansive soil. However, the proposed project is the construction of a new Reservoir, and would not involve the development of habitable structures. Therefore, the proposed project would not create a substantial risk to life or property. In order to protect the new Reservoir from impacts related to expansive soils, the implementation of the appropriate measures consistent with standard engineering practices will be incorporated into project design and grading to ensure there is no potential for impact from expansive soils. Therefore, the impact to this issue is considered less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The proposed project does not include the use of septic tanks. Therefore, soil suitability for wastewater disposal is not an issue and no impact will occur. VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? The project is the construction of a new Reservoir within a relatively disturbed area. The proposed project will not require the routine transport, use, or disposal of hazardous materials. Therefore, no impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 27 January 2006 Draft Initial Study/Environmental Checklist b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Construction and operation of the proposed project will not involve the use of hazardous materials. Additionally, no habitable structures are located in proximity to the project area. The project will not create a significant hazard to the public or the environment through foreseeable upset and accident conditions. No impact to this issue is anticipated. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Please see VII a) above. The project area is not located within one-quarter mile of an existing school and would not emit hazardous emissions or require the handling of hazardous or acutely hazardous materials or substances. No impact to this issue is anticipated. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The project area is not located on a hazardous materials site list pursuant to the Government Code Section 65962.5. Therefore, no impact to this issue is anticipated. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The project area is not located within an airport land use plan and is not within two miles of a public airport or public use airport. The project will not result in a safety hazard for people residing or working in the project area. No impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 28 January 2006 Draft Initial Study/Environmental Checklist f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No private airstrips are located near the site. Therefore, no impact to this issue is anticipated. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The proposed project is the construction of a new Reservoir within a relatively disturbed area. The project will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Therefore, no impact to this issue is anticipated. a) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed project is the construction of a new Reservoir within a relatively disturbed area and will not involve the development of any structures. Therefore, the project will not expose people or structures to the potential risk of wildland fires. No impact to this issue is anticipated. VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? A limited water quality evaluation has been prepared for the proposed project (Ninyo and Moore, 2005) and is provided in Appendix D of this Initial Study. The water quality evaluation identifies that there are no existing water quality violations within the surface water bodies that drain the project site. The proposed project is the construction of a new Reservoir within a relatively disturbed area. The proposed project has the potential to impact water quality during construction by increasing erosion and transporting construction-related debris/chemicals into downstream surface water in the event of rainfall. The water quality evaluation identifies the need to protect surface water quality by implementing Best Management Practices (BMPs) during and post construction in compliance with the City of Chula Vista’s Standard Urban Storm-water Mitigation Plan (SUSMP) in order to address potential short-term construction and long-term operation impacts. The operation of the proposed project would not violate water quality standards or waste discharge requirements. The facility will not involve waste discharge. Therefore, implementation of Mitigation Measure WQ1, will reduce this impact to a level less than significant. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 29 January 2006 Draft Initial Study/Environmental Checklist requirements. The facility will not involve waste discharge. Therefore, implementation of Mitigation Measure WQ1, will reduce this impact to a level less than significant. Mitigation Measure WQ1. Best Management Practices (BMPs) shall be implemented at the project site during construction and long-term operation of the Reservoir. The contractor specifications require the implementation of BMPs to control water quality runoff during project construction. The following measures shall be implemented: •Develop and implement a Storm Water Prevention Pollution Plan (SWPPP); •Comply with the City of Chula Vista’s SUSMP by selecting post-construction BMPs; •Implement a selection of BMPs (e.g., silt fences, temporary gravel, sandbag barriers, etc.); and, •Prepare a Water Quality Technical Report prior to construction. b)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? The proposed project will not utilize groundwater resources for operation. The proposed project is designed to construct a new Reservoir that will store needed potable water for 980 Pressure Zone within the OWD service area. The project will result in the creation of impervious surfaces; however, the site is not located within an aquifer or groundwater recharge area. The project will not substantially interfere with groundwater recharge and will not result in a new deficit in the aquifer volume. The impact to this issue is considered less than significant. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? According to a limited water quality evaluation conducted for the proposed project (Ninyo and Moore, 2005) (Appendix D of this Initial Study), the project site is located in the Lower Sweetwater Hydrologic Area (909.10) of the Sweetwater Hydrologic Unit and drains into an unnamed tributary that discharges into the Sweetwater River. Implementation of the proposed project will not result in an alteration of an existing stream or river or substantial alteration of topography of the area. Approximately 75,000 square feet impervious surface will be created as a result of constructing the new Reservoir on an area that is currently bare dirt and ruderal vegetation. Roof runoff from the new Reservoir will be captured and will continue to drain into the existing unnamed tributary onsite that existing runoff from the project area drains to. The increase in impervious surface and corresponding runoff will be minimal and will not result in substantial erosion or siltation on- or off-site. Additionally, the project is proposed by the OWD, and drainage improvements will comply with OWD specifications. Therefore, the impact to this issue is considered less than significant. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 30 January 2006 Draft Initial Study/Environmental Checklist increase in impervious surface and corresponding runoff will be minimal and will not result in substantial erosion or siltation on- or off-site. Additionally, the project is proposed by the OWD, and drainage improvements will comply with OWD specifications. Therefore, the impact to this issue is considered less than significant. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? The implementation of the proposed project will not result in an alteration of existing drainage courses or substantial alteration of topography of the area. Impervious surfaces will be created as a result of the construction of the new Reservoir on an area that is currently bare dirt and ruderal vegetation. The increase in corresponding runoff volumes will be minimal, and can be adequately accommodated by the existing drainage system. Therefore, the impact to this issue is considered less than significant. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? See VIII a) and c). Implementation of the proposed project will result in a minor increase in runoff as a result of the creation of impervious surfaces. The runoff will be captured and directed to existing natural drainage courses onsite. However, this increase in runoff will be minor, and will not contribute water, which would exceed the capacity of the drainage system. Additionally, traffic volume on the access roads to the project area is negligible, and the creation of substantial pollutants as a result of petroleum products (e.g., oil, gasoline) is not anticipated. The project will comply with applicable BMPs as required by the SWPPP and Water Quality Technical Report prepared for the proposed project. The impact to this issue is considered less than significant. f) Otherwise substantially degrade water quality? The proposed project will not affect groundwater sources. Surface water quality will not be substantially degraded as described above. No impact to this issue is anticipated. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? The proposed project area is not located within a 100-year flood hazard boundary. Furthermore, the project is the construction of a new Reservoir within a relatively disturbed area. The project does not propose the development of habitable structures. No impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 31 January 2006 Draft Initial Study/Environmental Checklist h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? See VIII g). The project would not impede or redirect flood flows. No impact to this issue is anticipated. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? The project area is not located within a 100-year flood hazard boundary. Furthermore, the project is the construction of a new Reservoir within a relatively disturbed area and does not involve the development of habitable structures. No impact to this issue is anticipated. j) Inundation by seiche, tsunami, or mudflow? The project area is located approximately nine miles from the coast at an elevation of 800 feet and is therefore, not an area susceptible to a tsunami. There is also no risk of inundation as a result of a seiche occurrence as the project site is not located on a lake. The site is located on a slightly elevated topography, and is not in a floodplain area; therefore, the risk of mudflow is also considered low. Tsunamis, seiches, and mudflows are not considered a significant hazard at the site. No impact to this issue is anticipated. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? The proposed project is located within a relatively disturbed and undeveloped area along the northern and western edges of the Auld Golf Course. Currently, there is no established community on the project area. As such, the proposed project would not physically divide an established community and no impact is anticipated. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? As a Special District, there are no local land use plans or policies applicable to OWD. According to the City of Chula Vista’s General Plan, the project area is zoned for agriculture. However, as stated in the General Plan, public utilities such as the proposed project are allowed within this zone. Therefore, no impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 32 January 2006 Draft Initial Study/Environmental Checklist c)Conflict with any applicable habitat conservation plan or natural community conservation plan? According to the OWD, the project area is located adjacent to OWD’s Habitat Management Area (HMA). As discussed in Section IV Biological Resources of this Initial Study, the proposed project will not conflict with any applicable habitat conservation plan or the existing OWD HMA. No impact to this issue is anticipated. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? The project area is located within a relatively disturbed area and adjacent to two existing Reservoirs. The project area is not identified as containing significant mineral resources. Based on maps published by the California Department of Conservation, Division of Mines and Geology, Mineral Land Classification (1983), the project site is located within Mineral Resource Zone 3 (MRZ-3), which is defined as an area containing mineral deposits, the significance of which cannot be evaluated from available data. However, the project site is not utilized for mineral resources mining or processing activity, nor is the site located in proximity to these uses. Therefore, no impact to this issue is anticipated. b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The project is the construction of a new Reservoir within a relatively disturbed area. There are no locally important mineral resource recovery sites delineated on any local plan, specific plan or general plan, or in the vicinity of the project area. No impact to this issue is anticipated. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? An environmental noise study was prepared for the proposed project (Wieland Associates, Inc., 2005). This report is provided as Appendix E to this Initial Study. Based on the results of the noise report, the construction noise levels associated with the proposed project will fluctuate depending on the particular type, number and duration of use of various pieces of construction equipment. The exposure of persons to the periodic increase in noise levels will be short-term. Table 7-1 of the noise report (Appendix E of this Initial Study) provides typical noise levels associated with various types of construction-related machinery. Based on OWD standards, construction will occur between the hours of 7:00 AM to 5:00 PM. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 33 January 2006 Draft Initial Study/Environmental Checklist equipment. The exposure of persons to the periodic increase in noise levels will be short-term. Table 7-1 of the noise report (Appendix E of this Initial Study) provides typical noise levels associated with various types of construction-related machinery. Based on OWD standards, construction will occur between the hours of 7:00 AM to 5:00 PM. Based on the estimated construction noise levels identified in Table 7-1 of the noise report and an analysis conducted to estimate the combined equipment noise levels that will be experienced during each month of construction, the average noise level (Leq) for the proposed project will range from 92 to 93 dB(A) at a distance of 50 feet from the center of construction activity during the grading phase (September 2006 to March 2007) and from 88 to 90 dB(A) during the construction phase (April 2007 to October 2007). The closest noise sensitive land use is the residential uses located south of the project area. The distance of the closest residential unit to the proposed project construction site is approximately 5,500 feet. At this distance, the 8-hour average noise level produced by the construction equipment is estimated to range from 37 to 43 dB(A). This is below the County of San Diego standard of 75 dB(A) for residential uses; therefore, proposed project will not expose persons to noise levels in excess of standards established by County of San Diego’s noise ordinance. The existing HMA surrounding the project area can be considered noise sensitive due to the potential presence, or use of the sensitive avian species, such as the least Bell’s vireo and California gnatcatcher observed adjacent to the project area (Rocks Biological Consulting, 2005). Based on wildlife regulatory agencies it is recommended that noise levels not exceed 60 dB(A) within habitat areas to protect various bird species (Wieland Associates, Inc., 2005). As discussed in the noise report, it is estimated that the construction equipment noise level generated by the proposed project will be 60 dB(A) at a distance of 955 to 1,045 feet from the center of the construction activity during the grading phase and at a distance of 660 to 795 feet during the construction phase. As such, wildlife species within the HMA located within 955 feet of the project site during the grading phase and 660 feet during the construction will be significantly impacted by noise generated by the proposed project. With the implementation of Mitigation Measure N1, the potential impact would be reduced to a level less than significant. As discussed in Section IV Biological Resources, there is the potential for construction activity to create noise impacts to sensitive avian species (least Bell’s vireo and California gnatcatcher) located adjacent to the project area, if nesting is present during the time of construction. Please refer to Section IV Biological Resources of this Initial Study. Implementation of Mitigation Measure B5 will ensure that no significant impact to nesting sensitive avian species occurs during construction of the proposed project. Therefore, the impact will be reduced to a level less than significant. Mitigation Measure N1. The following shall be incorporated into the design and construction of the proposed project: •Noise construction activities shall be scheduled only during the hours and days as permitted by OWD standards, which are Monday through Saturday 7:00 AM to 5:00 PM. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 34 January 2006 Draft Initial Study/Environmental Checklist •A construction schedule shall be developed to minimize potential cumulative construction noise impacts and that accommodate noise-sensitive time periods for the HMA. •All construction equipment, stationary and mobile, shall be equipped with properly operating and maintained muffling devices. Impact tools shall be shielded per manufacturer’s specifications. •Grading and construction equipment shall be stored on the project site while in use. •Where appropriate, construction activity noise levels shall be monitored within the HMA during sensitive avian species breeding seasons (April 10 to July 31 for the least Bell’s Vireo and February 1 to August 31 for the California gnatcatcher). If the noise levels exceed an Leq of 60 dB(A), measures identified in Mitigation Measure B5 discussed above shall be implemented. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? The construction and operation of the proposed project will not result in the exposure of persons to or the generation of excessive vibration or groundborne noise levels. Project construction and the subsequent operation of the project will not involve the use of machinery that will create excessive ground vibrations. Additionally, there are no habitable structures located in close proximity to the project site that would be affected by potential vibration. No impact to this issue is anticipated. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? The proposed project will be constructed in an area of low, rural ambient noise. The proposed project will not produce a substantial permanent increase in ambient noise in the project vicinity above levels without the project. Additionally, there are no habitable structures located in close proximity to the project site. No impact to this issue is anticipated. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? See XI a) above. The construction phase of the proposed project will produce a temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. However, the implementation of Mitigation Measure N1, discussed above, will reduce this potential impact to a level less than significant. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 35 January 2006 Draft Initial Study/Environmental Checklist e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The proposed project is not located within an airport land use plan, or within two miles of a public airport or public use airport. No impact to this issue is anticipated. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? There are no private airstrips within the vicinity of the project area. No impact to this issue is anticipated. XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The proposed project does not involve a use that would induce growth in the region. According to OWD’s Water Resources Master Plan (OWD, 2002), a large percentage of undeveloped land is undergoing significant change. More than 29,000 acres of land within the OWD’s planning area are being planned and developed. Growth forecasts used to develop the OWD’s Water Resources Master Plan indicate that at ultimate buildout, the OWD will serve a population of nearly 277,000 residing in over 84,000 dwelling units. Many of the proposed facilities in the adopted Master Plan and Capital Improvements Program (CIP) including the proposed project, are community service facilities, principally connected with water supply and delivery, necessary to support economic and population growth. The size of the OWD’s water supply system is predicted on population and demand factors related to local land use decisions. In the Master Plan updating process, changes in the OWD facility sizing, phasing, and capacity will be related to the orderly, planned growth in its service area. In this sense, the OWD does not, in its Master Plan, induce growth in its service area; rather the OWD has identified facilities and additional pipelines to support the growth that is dependent on land use decisions made by the County of San Diego, the City of Chula Vista, and the City of San Diego. The proposed project will be a third Reservoir to hold water for the 980 Pressure Zone within the Central Area system. The proposed project was included in the Master Plan in order to plan for the ultimate buildout demands of the system. Therefore, the proposed project will not induce, directly or indirectly, substantial growth in the area. No impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 36 January 2006 Draft Initial Study/Environmental Checklist b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? The proposed project will not displace existing housing. No impact to this issue is anticipated. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed project will not displace existing housing or people. No impact to this issue is anticipated. XIII. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? The project is the construction of a new Reservoir. There would be a positive effect on fire protection services, as the project would improve the reliability of water service and storage for the area. The project would not substantially impact existing or result in the need for the creation of new public services. No impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 37 January 2006 Draft Initial Study/Environmental Checklist XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The proposed project will not result in an increase in population (which would generate a demand for recreational uses) nor is the project site located in an area planned for recreational uses. No impact to this issue is anticipated. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The proposed project does not involve recreational facilities. Additionally, the proposed project will not result in an increase in population, which would generate a demand for recreational uses. No impact to this issue is anticipated. XV. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? An estimated 66,000 cubic yards of earth material will be excavated from the project site and deposited in a large, deep disturbed area that was previously graded and used as a borrow pit in the southeastern portion of the project area. This area is within the environmental impact area identified on Figure 3. Approximately 6,000 total truck trips will be required to export this quantity of material to the borrow pit. All truck trips will occur onsite and will not require the use of the off-site roadway network. However, there will be some materials, such as grubbing spoils and other materials that will have to be hauled off-site to a landfill. Such activity will generate a few truck trips, but these truck trips will be temporary and will avoid the existing peak morning and evening traffic periods on the surrounding roadway network. As such, the impact to this issue is considered less than significant. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 38 January 2006 Draft Initial Study/Environmental Checklist b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? The proposed project will generate a few truck trips that will haul material off-site. However, these trips will be temporary and will not occur during peak, morning or evening, traffic periods. Therefore, the proposed project will not result in a cumulative increase in traffic. No impact to this issue is anticipated. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The proposed project area is not located within an airport approach or departure path. The project would not result in an increase in air traffic levels or a change in location that would result in substantial safety risks. No impact associated with this issue is anticipated. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The proposed project does not involve the construction of any new public roadways, nor does it propose the use of dangerous equipment that would pose a hazard to the public. Currently, a portion of the project is accessed by an existing dirt road. As part of the project, this dirt access road will be temporarily paved with loose gravel, in part to improve safety for construction and maintenance vehicles traveling to and from the 980 Reservoirs. Public access to the access road will be restricted. No impact to this issue is anticipated. e) Result in inadequate emergency access? Adequate emergency access will be provided to the project area via the paved access road. No impact to this issue is anticipated. f) Result in inadequate parking capacity? The proposed project will not generate a demand for parking. Maintenance vehicles will park within the perimeter areas parallel to the access road. These areas will remain within the proposed environmental impact area as depicted on Figure 3. No impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 39 January 2006 Draft Initial Study/Environmental Checklist g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The project is the construction of a new Reservoir within a relatively disturbed area. The project will not generate vehicle trips that would conflict with an adopted policy, plan, or program supporting alternative transportation. No impact to this issue is anticipated. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The project is the construction of a new Reservoir within a relatively disturbed area. The proposed project will not generate wastewater that enters the public sewer system; therefore, wastewater treatment requirements would not be exceeded. The new Reservoir will be used to store potable water to be used in the 980 Pressure Zone and would not be disposed of in the public sewer. No impact to this issue is anticipated. b)Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The project is the construction of a new Reservoir within a relatively disturbed area to meet existing potable water demand in 980 Pressure Zone of the OWD service area. The proposed project would not require the construction of new water or wastewater treatment facilities. No impact to this issue is anticipated. c)Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? See VIII a) and c). New stormwater drainage facilities are not required for the proposed project, therefore no impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 40 January 2006 Draft Initial Study/Environmental Checklist d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The project is the construction of a new Reservoir within a relatively disturbed area. The overall concept of the project is consistent with the OWD Water Resources Master Plan (OWD, 2002), that provides for the availability of water to be provided from a number of possible sources. The project is consistent with the Master Plan and will provide potable water to accommodate the planned ultimate buildout of the 980 Pressure Zone. The project will not require the addition of new or expanded entitlements for water supplies. No impact to this issue is anticipated. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? The proposed project is the construction of a new Reservoir within a relatively disturbed area and no wastewater will be generated by the project. The project will not treat any water, and will not have any facilities producing wastewater. No impact to this issue is anticipated. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Construction waste will be minimal, and is anticipated to be disposed of at the Otay Landfill in South Chula Vista. According to the Draft Countywide Siting Element, the Otay Landfill has a remaining capacity of 31,336,166 tons and is anticipated to close in 2027 assuming the current disposal rates continue. The Otay Landfill has sufficient permitted capacity to accommodate the project’s solid waste disposal needs during construction. Negligible waste would be generated associated with the operation of the proposed project. No impact to this issue is anticipated. g) Comply with federal, state, and local statutes and regulations related to solid waste? The proposed project does not represent a significant generator of solid waste and the project would comply with all applicable federal, state, and local statues and regulations related to the generation of solid waste. No impact to this issue is anticipated. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 41 January 2006 Draft Initial Study/Environmental Checklist XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? See IV and V. The proposed project will result in an impact to 0.9 acre of Coastal sage scrub, 0.9 disturbed Coastal sage scrub, 0.1 acre of native grassland, 0.8 disturbed native grassland, and 1.5 acres of non-native grassland. The project site is also located adjacent to OWD’s HMA which has been identified as habitat for the least Bell’s vireo, California gnatcatcher, and Cooper’s hawk. Implementation of mitigation measures proposed within this document will reduce the potential biological impacts to a level less than significant. Additionally, the proposed project does not have the potential to degrade important examples of major periods of California history or prehistory. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? All project impacts will be mitigated to a level less than significant and are not considered cumulatively considerable. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? As demonstrated in this Initial Study, the proposed project will not result in a potential impact to the health and well being of human beings either directly or indirectly. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 42 January 2006 Draft Initial Study/Environmental Checklist XVIII.EARLIER ANALYSIS In 2002, a Master Plan was prepared for the OWD that included this project in order to meet the projected ultimate buildout water demands for the OWD 980 Pressure Zone. Pursuant to the Master Plan, a Final Program Environmental Impact Report (PEIR) was prepared in 2004. This Mitigated Negative Declaration is consistent with the information provided in the PEIR. XIV.REFERENCES USED IN THE COMPLETION OF THE INITIAL STUDY CHECKLIST California Environmental Quality Act, CEQA Guidelines, 2004. California Division of Mines & Geology. Jamul 7 1/2 Minute Quadrangles, 1975. City of Chula Vista General Plan, 1989. Deméré, Tom, Paleontological Resources for County of San Diego, 1993. Draft Countywide Siting Element, County of San Diego, 2004. Otay Water District 980-3 Reservoirs, Preliminary Design Report, September 2004. Otay Water District 18-Hole Golf Course, Final Mitigated Negative Declaration, 1999. San Diego County Soil Survey, San Diego Area, United States Department of Agriculture, June 2003. Scholl, Robert. Otay Water District. Personal Communication. November 5, 2004. Special Publication 42, Fault Rupture Hazard Zones in California, Alquist-Priolo Special Studies Zones Act, Title 14, 2000. Water Quality Control Plan for the San Diego Basin (9), Regional Water Quality Control Board, September 8, 1994. Water Resources Master Plan, Otay Water District, 2002 Water Resources Final Program Environmental Impact Report, Otay Water District, 2004. Update of Mineral Land Classification: Aggregate Materials in the Western San Diego County Production- Consumption Region, Department of Conservation, Divisions of Mines and Geology, 1983. Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Otay Water District 980-3 Reservoir 43 January 2006 Draft Initial Study/Environmental Checklist XVIII.EARLIER ANALYSIS In 2002, a Master Plan was prepared for the OWD that included this project in order to meet the projected ultimate buildout water demands for the OWD 980 Pressure Zone. Pursuant to the Master Plan, a Final Program Environmental Impact Report (PEIR) was prepared in 2004. This Mitigated Negative Declaration is consistent with the information provided in the PEIR. XIV.REFERENCES USED IN THE COMPLETION OF THE INITIAL STUDY CHECKLIST California Environmental Quality Act, CEQA Guidelines, 2004. California Division of Mines & Geology. Jamul 7 1/2 Minute Quadrangles, 1975. City of Chula Vista General Plan, 1989. Deméré, Tom, Paleontological Resources for County of San Diego, 1993. Draft Countywide Siting Element, County of San Diego, 2004. Otay Water District 980-3 Reservoirs, Preliminary Design Report, September 2004. Otay Water District 18-Hole Golf Course, Final Mitigated Negative Declaration, 1999. San Diego County Soil Survey, San Diego Area, United States Department of Agriculture, June 2003. Scholl, Robert. Otay Water District. Personal Communication. November 5, 2004. Special Publication 42, Fault Rupture Hazard Zones in California, Alquist-Priolo Special Studies Zones Act, Title 14, 2000. Water Quality Control Plan for the San Diego Basin (9), Regional Water Quality Control Board, September 8, 1994. Water Resources Master Plan, Otay Water District, 2002 Water Resources Final Program Environmental Impact Report, Otay Water District, 2004. Update of Mineral Land Classification: Aggregate Materials in the Western San Diego County Production- Consumption Region, Department of Conservation, Divisions of Mines and Geology, 1983. TYPE MEETING: SUBMITTED BY: APPROVED BY: (Chief) APPROVED BY: (Asst. GM): AGENDA ITEM 4 STAFF REPORT MEETING April 5, 2006 DATE: C.I.P./ P2440 I DIV. 2 G.F. NO: W030129 NO. Regular Board Marta Riende a~ Ron Ripperger ~ Mehdi Arbabian d-t~tiJ/1 Chief, Engine~{~g and Planning W030130 Manny Magana~~ Assistant General ~nager, Engineering and Operations SUBJECT: Approve Utility Agreement Nos. 31757 and 31758 with Caltrans for SR 905 Utility Relocations GENERAL MANAGER'S RECOMMENDATION: That the Board authorize the General Manager to execute Utility Agreement Nos. 31757 and 31758 with Caltrans for SR 905 Utility Relocations. (See attached Exhibit A for project location, and Exhibit B for Utility Agreements) COMMITTEE ACTION: Please see Attachment A. PURPOSE: To obtain Board authorization to execute Utility Agreement Nos. 31757 and 31758 with Caltrans for relocation of District facilities within SR 905 right-of-way. ANALYSIS: Caltrans is currently in the process of completing land acquisition and design for SR 905 located within Otay Mesa. Part of this process is to relocate existing utilities where conflicts exist. The District's existing pipelines within public streets or easements will need to be relocated to accommodate the new freeway Responding to a request from Caltrans, staff submitted claim letters for all five (5) crossings where the District has utility conflicts. Subsequently, the District received notices to relocate. The District has prior and superior rights at each crossing. At two (2) of these crossings, Gailes Boulevard/Dublin Drive and Pacific Rim Court, staff has completed the utility agreements which are ready for District approval. A third agreement was approved within the General Manager's signatory authority and the remaining two (2) will go to the Board for approval in the near future. Utility Agreement No. 31757: The scope of work for Utility Agreement No. 31757 is to relocate approximately 250 linear feet of 12-inch ACP located on Gailes Boulevard/Dublin Drive within the SR 905 right-of-way. The relocation is necessary due to the lower finished grade elevations for the proposed freeway as well as for the protection of the new potab~e water pipeline. This relocation will consist of the installation of approximately 360 linear feet of 12-inch CML&C pipe within the 871 pressure zone. The new pipeline will be installed inside a 24-inch steel casing for the protection of the carrier pipe as required by Caltrans. The installation of the pipeline, including the tie-ins, will not adversely affect any District customers. Staff will coordinate the necessary short-term shutdowns to minimize the impact on system operations. The calculated depreciation cost for the 12-inch ACP is $2,167. The estimated construction cost for the new pipeline relocation is $125,865. Additionally, the total design and inspection costs incurred by the District for this relocation are estimated to be $61,538. The total cost that Caltrans will reimburse the District at completion of the construction work is estimated at $185,236. Consistent with the conditions of all other utility agreements between the District and Caltrans, actual costs may not exceed 125 percent of the estimated cost in the agreement without a revised amendment being executed. Utility Agreement No. 31758: The scope of work for Utility Agreement No. 31758 is to relocate approximately 440. linear feet of 12-inch ACP located in Pacific Rim Court within the SR 905 right-of-way. This relocation is also necessary due to the lower finished grade elevations for the proposed freeway. This relocation will consist of the installation of approximately 480 linear feet of 12-inch CML&C pipe within the 871 Pressure Zone. The new pipeline will be installed inside a 24-inch steel casing for the protection of the carrier pipe. This installation will not adversely affect any District customers. The calculated depreciation cost for the existing 12-inch ACP is $3,465. The estimated construction cost for installing the new 12- 2 inch steel pipe is $174,320. Additionally, the total design and inspection costs to be incurred by the District for this relocation is estimated at $54,819 . The total cost to be reimbursed by Caltrans is $225,674 . FISCAL IMPACT: The approved total budget for CIP P2440 is $2,700,000 . Expenditures to date are $344,743 . Execution of Utility Agreement Nos . 31757 and 31758 imposes an estimated financial impact of $416,542 on the District, which will be reimbursed except for depreciation of $5,632. Total commitments and expenditures to date including these agreements are $755,653. At this time engineering does not anticipate a need to modify the CIP budget Finance has determined that all funding for this project will be available from the Replacement Fund. STRATEGIC GOAL: This project supports the District's Mission statement, "To provide the best quality of water and wastewater services to the customers of Otay Water District, in a professional, effective, efficient, and sensitive manner ... " This project fulfills the District's Strategic Goals No. 1 -Community and Governance, and No. 5 -Potable Water, by maintaining proactive and productive relationships with the project stakeholders and by guaranteeing that the District will provide for current and future water needs. LEGAL IMPACT: Legal counsel reviewed both Utility Agreements for consistency and content. HJ/RR/MA/KR Attachments p,\WORKING\CIP W440-P2440\Staff Reports\BD 04-05-06, I-905 Utility Agreement 31757, 31758.doc 3 ATTACHMENT A r···siie-ji~:criilRoJEcf:· ·····~·-·Api;;·y:·c;:;;~·····ut·i .. ii ty·······Ag.ree~~nt····No·s:········j·i·;:/5 7 an·d. ······j-·1·7·5·9· ···~i .. th··· ············-············· ················-·! ! ........... ·································· ..................................... l ... ~.~ .. ~ .. ~ .. ~ans ..... ~~ .. ~ ....... ~~ ....... ~ .. ~.~-··· ~~ .. ~.~~ .. ~ .. ~·-···~·~·~ oca.~ .. ~ .. ~.:.~. ····························-········-······-···--·····-···············-···-····· ····-···--·~ COMMITTEE ACTION: On March 27, 2006, the Engineering and Operations Committee met and supported staff's recommendation. NOTE: The "Committee Action" is written in anticipation of the Committee moving the item forward for board approval. This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. EXHIBIT A r sU8JEC.TiPROJEcT: TAp·p·r·o:;;e·····u:·t: "iiit.Y" A9"r.eeme-n"t-·-·No·s··:·······31 7 57 ar12i"""3i";:/5"8"""";i·t-h I Caltrans for SR 905 Utility Relocations i .................... . ·····························-··········-·-····-...... i .................. -......................... ,_ ......................................................... . ··············································-········· .. ,,, ___ .... ! 5 PRO.JECT SITE VICINITY MAP (j) PACIFIC RIM CT UTILITY AGREEMENT NO. 31758 @ CACTUS ROAD (APPROVED) UTILITY AGREEMENT NO. 31759 @ BRITANNIA BLVD (NEAR FUTURE) UTILITY AGREEMENT NO. 31756 @ GAlLES BL VDIDUBLIN RD UTILITY AGREEMENT NO. 31757 @ AIRWA ¥/HARVEST RD (NEAR FUTURE) UTILITY AGREEMENT NO. 31755 OTAY WATER DISTRICT SR 905 UTILITY RELOCATIONS EXHIBIT "A" EXHIBIT 8 r·sus:~·Ecr/PROJEcr:·-·r-A:J?J?r0;e;-·ut:"iii"·t:·y l-\9ree~erit .... No.s. 317 57 ··a:·;;~i 3i'7"5_s ....... ;It:·h . I Caltrans for SR 905 Utility Relocations l.. I ~ •••••••n•••••••••-•><••••••••••o•"'''''''''''''"''''''''-''''''''' ••••••••OOol.o••O O••O•• 0 ''''''''''''''''''-''''''''''"'''''''"' ''''''''''"''''''"'''''''''''''''''"''''"'''-'''''''''''''''''''"'"''"'''''''''''''''''''''''''''"'''''''''''"'''H'''''H'''' ''''''''''''''''''''''''''""''''''"'''''''''-''''"'''''-''"''''''''''''' ''''''''''''''''''''''''n''''''' ·········· .J 6 STc(TE OF CALIFORNIA BUSINESS. TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION District 11 P. 0. BOX 85406 MS-S-54 SAN DIEGO, CA 92186-5406 (619) 688-6682 FAX (619) 688-2570 February 2, 2006 Otay Water District Ron Ripperger 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978-2096 Dear Mr. Ripperger: ARNOLD SCHW ARZENEGGER. Govemor 11-SD-905 KP R9.3/R18.62 E.A.: 091821 UtilitYNo. 3.1757. Flex your power! Be energy efficient! Enclosed are four originals and one photocopy of the Utility Agreement No. 31757 covering the relocation ofwater facilities to accommodate the STATE'S construction on Route 905, E.A. 091821. If you find the Agreement satisfactory, please execute and return all original copies, and keep the "Owner File Copy": Please return the originals to this office for further processing. The Owner File copy is for your files until we can return a fully executed original document to you. Ifyou have any questions, please contact me at (619) 688-6682. ~ ~ie Rodriguez Utility Coordinator Right of Way Division Enclosure "Caltrans improves mobility across California" STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT RW 13-5 (Rev. 10/95) Dist 11 Co SD federal Aid. No.: A905 (OlS) Rte 905 Owners File:OWD Drawing 46-7 KP (P.M.) R9.3/R18.62 (R5.8/Rll.6) FEDERAL PARTICIPATION: On the Project X Yes QNo On the Utilities ~Yes 0 No Page 1 of 4 EA 091821 UTILITY AGREEMENT N0 .. __ ~31=-:.7.,:;;..57.:...,._____;DATE:--. --------'---__;_ _ _:.._...;_. The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes to construct a new freeway (Phase 1) in San Diego CountY: in San Diego from 1.1 km east of the Route 905/805 separation to 0.6 km west of the Mexico B~rder and OTA Y WATER DISTRICT, hereinafter called "OWNER", owns and maintains water facilities within the limits of STATE's project. · · It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner 31757 dated 1112/06 OWNER shall relocate OWNER's water facilities. All work shall be performed substantially in accordance with OWNER's Drawing No. 46-7 dated July 12, 2005 consisting of eight sheets, a copy of which is on file in the District office of the Department of Transportation at 2878 Camino Del Rio South, Suite 500, San Diego, CA 92108. Deviations from the OWNER's plan described above initiated by either the STATE or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the STATE ·and agreed to/acknowledged by the OWNER, will constitute an approved revision of the OWNER's plans described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. II. LIABILITY FOR WORK: Existing facilities are located in their present position pursuant to rights superior to those of the STATE and will be relocated at STATE expense. III. PERFORMANCE OF WORK: Ownc.<r agrees to cause the herein described. work to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished all necessary labor, materials, tools and equipment required therefore, and to prosecute said work diligently to completion. r UTILITY AGREEMENT (Cont.) RW 13-5 (Rev. 10/95) IV. PAYMENTFOR WORK: Page 2 of 4 I UTILITY AGREEMENT NO. 31757 The STATE shall pay its share ofthe actual cost of the herein-described work within 90 days after receipt of five (5) copies of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead; compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged.or allocated to the project in accordance with recognized accounting principles. The OWNER's billing cost to STATE is $185,236.00. It is understood and agreed that the STATE will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the STATE for the accumulated depreciation or "used life" on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold byOWNER.. . Not more frequently than once a mo.nth, but at least quarterly, OWNER will prepare and submit progress bills for. . . costs incurred not to exceed OWNER's recorded costs as of the billing date kss estimated credits applicable to compieted work. ·Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by STATE of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall subrriit·a final biil to th~ STATE ~ithln 360 days ~fter th~ completio~ ~fthe w~rk de~crib~d in· Section I. above. If the STATE has not received a final bill within 360 days after notifiCtion of completion of· OWNER's work described in Section I. ofthis Agreement, and STATE has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or JointUse Agreements as required for OWNER's facilities, STATE· will provide written notification to OWNER of its intent to ~lose its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the STATE processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the STATE shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by STATE. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission. In any event if the final bill exceeds 125% of the estimated cost of this agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of tbis Agreement shall have the prior concurrence of STATE. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years fr.om the date of the final payment and will be available for audit by State and/or Federal auditors. Owner .agrees to ·comply with Contract Cos"t Principles and Procedures as set forth in 48-CFR, Chapter 1, Part 31, etseq., 23 CFR, Chapter 1, Part 645 and/or 18 CFR, Chapter 1. Parts 101,210, et all If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse STATE upon receipt of STATE billii.1g. V. GENERAL CONDITIONS: All costs accrued by OWNER as a result of STATE's request of June 15, 2004 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. UTILITY AGREEMENT (Cont.) RW 13-5 (Rev. 10/95) V. GENERAL CONDITIONS: (Continued) Page 3 of 4 I UTILITY AGREEMENT NO. 31757 If STATE's project which precipitated this Agreement is canceled or modified so as to eliniinate the necessity of work by OWNER, STATE will notify OWNER in writing and STATE reserves the rightto terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of STATE under the terms of thi.s Agreement are subject to the passage of the annual Budget Act by the State Legislature and the allocation of those funds by the California Transportation Cmmnission. OWNER shall submit a. Notice ~[Completion to the STATE within 30 day~ of the completion ofthe ~ork describ~d herein. Where OWNER has prior rights in areas ·which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on STATE highway right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties. It is Ul)dersto9d tP.at said highway is.a Feder.~l aid high~ay and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. · · * * * * . UTILITY AGREEMENT (Cont.) RW 13-5 (Rev. 10/95) Page 4 of 4 I UTILITY AGREEMENT NO. 31757 THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS$ =18=5--'-"2=3=6.=00"-----~- CERTIFICATION OF' FUNDS l hereby certify upon my own personal knowled-ge that budgeted funds are available for the period and purpose of tlie expenditure shown here. · FUND TYPE EA AMOUNT Design Funds $ Construction Funds . " $ ,4~~ /-;2 7-C:Md( RW Funds 091829 $185,236.00 /J(Q Accounting Officer Date v ITEM CHAP STAT FY AMOUNT ;u.(,o-iDI -~J'9~ 5? ~t):) o~,-{,{' cJ,J(.,()() . £)()c(;L .... ~() I . IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above Written: STATE: OWNER: OTA Y WATER DISTRICT By-~~~~~~~~~------~~-+-----'ef . 'ght ofW~y By . Name/Title Delegated, DA VI . JOHNSON, Chief Utility Relocation Branch DO NOT WRITE BELOW-FOR ACCOUNTING PURPOSES ONLY Date Distribution: 3 originals to R/W Program Accounting & Analysis 3 originals returned to R/W Planning & Management REV! Debbie Rodriguez Utilit Coordinator ..... I I I I I I I I ........ I I I I I I I I ~ ._::~ I II I I.·.·.·.·. ........ Date . . ...: ·.:--:.:.:.: ~:.: Date June 28, 2005 Ms. Debbie Rodriguez Caltrans, District 11 P. 0. Box 85406 MS-S-54 San Diego, CA 92186-5406 SUBJECT: 1-905 Utility Relocation, Claim Letter; Project: P2440-002000 12-lnch Pipeline on Gailes Boulevard/Dublin Drive Dear Ms. Rodriguez: The purpose of this letter is to establish that the Otay Water District (District) has prior rights of occupancy for the 12-inch ACP potable water pipeline on Gailes Boulevard/Dublin Drive within the Interstate 905 (1-905) right-of-way. As we have jointly determined, this pipeline must be permanently relocated in order to accommodate the construction of the new 1-905 and meet all Caltrans right-of-way encroachment requirements. The subject pipeline was constructed in 1988 within a 20-foot-wide permanent easement, granted to the District on Map No. 12279 (dated October 14, 1988 ). A copy of the recorded map was transmitted to you on July 1, 2004. The pipeline was accepted by the District in 1989 and has since been lawfully operated and maintained. I have enclosed herewith the Resolutions that provide proof that such pipeline was built under two separate agreements with Turnberry Associates and accepted by the District. The segment of pipe that requires relocation is within a previously established easement; therefore, it is understood that Caltrans is responsible for 100 percent of the cost of a permanent relocation, minus a depreciation credit. The estimated construction cost for this relocation is $125,865.00. Depreciation on the 12-inch ACP pipe is calculated to be $2,167 .41. I have enclosed a copy of our depreciation calculations for your files. Additionally, we have estimated that the total design and inspection fees incurred by·.the District for this relocation will be $61 ,538. The District will invoice Caltrans for reimbursement of all final design, inspection, and construction costs following completion of the project. Ms. Debbie Rodriguez June 28, 2005 Page 2 If you have any questions or need additional information regarding this particular ·pipeline relocation, please contact· me at (619) 670-2279 or Martha Juarez at (619) 670-2273. Sincerely, Ron Ripperger, P.E. Engineering Design Manager MJ/RR:$eh Enclosures cc: fVJehdi Arbabian (w/o enclosures) Martha Juarez P:\WORKING\CIP W440-P2440\Pianning\Correspondence\Ltr Caltrans Gailes-Dublin Claim Ltr 6-28-05.doc 1-905 Utility Relocations Gailes Blvd./Dublin Dr. Project: Relocation of 300 mm (12") ACP Pipeline Design Eng: Hirsch & Co.\Cecil Rehr Prepared By: ....:.T..:..:ra:::.n.:..:.;h~H..:..:U::..zY..:..:n.:..:.h __ -'--~"'-'---..,.------------""-- Date: 6/27/2005 CIP No. W440 W.O. No. 30129 WO 1932/1935 RESOLUTION NO. 2826 and 2827 Accepting Work Completed Under Subdivision Agreement(s) with Turn berry Associates. for the Construction of a Water in Brown Field Business Park Units 1 & 2. 1 12" ACP-CL 200 2 2"8.0. EA 00 Current Construction Cost! L ___ ..:::..$..:....15::....!.,=69:....:0:..:...0:....:0;:__jl Unit cost for pipeline based on current market and construction costs of recent similar projects. Estimated construction costs (ECC) for the years 1988 and 2005 have been determined by using the Engineering News-Record (ENR) Construction Cost Index (CCI) Number. Date CCI No. ECC 2005 7415 $15 690 1988 4519 $9,562 Depreciation Calculations -life Cycle for ACP per OWD. = 75-yrs . Current Age of existing)\CP = 2005-1988 = 17 yrs Assuming Straight-line Depreciation over the life cycle: Depreciation Cost = (Current Age I Life Cycle)* Value in 1988 *9 TOTAL PROJECT DEPRECIATION COST= P:\WORKING\CIP W440-P2440\WO 30129 Gailes-Dublln\Gailes-Dublin Depreciation Estimate 6-23-05 LOCATION: ESTIMATE BY:' A·E FIRM: SHEET CHULA VISTA W.PAPAC HIRSCH & COMPANY 3 OF 3 TITLE: STATUS: CHECKED BY: DATE: 1-905 OWD 06.27.05 DESCRIPTION QUANTITY. MATERIAL COST LABOR COST ENGINEERING EST NO. UNIT· UNIT TOTAL UNIT TOTAL UNIT TOTAL GAlLES BLVD./DUBLIN DR. 12" CML&C, .25 wall 355 If 70.00 $~4.850.00 24" Stl. Casing, .375 wall 257 ·If 275.00 $70,675.00 12" GV (for isolation) 1 ea 1,400.00 $1,400.00 2"ARV 1 ea 3,500.00 $3;500.00 4"8.0. 1 ea 4,500.00 $4,500.00 Conn. To Existing 2 ea 2,500.00 $5,000.00 CP System 1 Is 3,600.00 $3,600.00 Restoration 1 Is 2,200.00 $2,200.00 8" CL200 PVC Fireline 104 If 60.00 $6,240.00 8" CL200 GV 1 ea 900.00 $900.00 8" Conn. To Existing 2 ea 1,500.00 $3,000.00 SUBTOTAl $125;865.00 TOTAL CONSTRUCTION COST $318,585.00 P:\WORKING\CIP W440-P2440\Schedules-Costs\COST ESTIMATE PacRim"Cactus-Gailes 3 of 3 1-905 Estimated fees for Design and Construction Services Pacific Rim Court OWD Design R~view Consultant lnsp~ction CM TOTAL $8,400 ·$27,441 $1.1,000 $7,978 $54,819 100 hrs 125 hrs 66 hrs Dublin Road/Gailes Blvd. OWD Design Review Consultant Inspection CM TOTAL $15,120 $27,440 $11,000 $7,978 $61,538 180 hrs 125 hrs 66 hrs Britannia Blvd. OWD Design Review Consultant Inspection CM TOTAL $16,800 $60,700 $11,900 $10,956 $100,356 200 hrs 140 hrs 92 hrs Cactus Road OWD Design Review Consultant Inspection CM TOTAL $5,040 $10,354 $5,902 $4,421 $25,717 60 hrs 90hrs 37 hrs Airway Road/Harvest Road OWD Design Review Consultant Inspection CM TOTAL $25,200 $69,200 $17,850 $12,831 $125,081 300 hrs 210 hrs 107 brs .. TOTALS by Column: $70,560 $195,135 $57,652 $44,164 $367,511 P:\WORKING\CIP W440-P2440\Schedules-Costs\Fees estimate for Claim letters i STATE OF CAj"IFORNIA-BUSINESS, TRANSPORT AT'-"IOcuN_,_,A'-'-ND~HO"'-'U'-"S'-"IN""G-"-"A"'-"GE"'""N'-"C-'--Y ----------------"'A"'-'R"-'NO"'-'Le'oD~S"""G'-'-'lW"-',c"'\R""Z""'-EN.:ccE'-"G'dcGE"-"R"-'G"'-'o"-'ve"-'m"'"or DEPARTMENT OF TRANSPORTATION DISTRICT-11 P. 0. BOX 85406 MS-54 "AN DIEGO, CA 92186-5406 )lONE (619) 688-6682 t<'AX (619) 688-2570 January 23, 2006 • Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91977-7299 Attention: Ron Ripperger 11-SD-905 KP: R5.8-R11.6 EA: 091821 UTIL NO: 31757 Flex your power! Be energy efficient! Enclosed is Notice to Owner No. 31757 covering the relocation of water facilities in Gailes Boulevard/Dublin Drive. If you have any questions, please call me at (619) 688-6682. Sincerely, Q~ .Utility Coordinator Right of Way Djvision Enclosures "Ca/trans improves mobility across California" SDSTATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION NOTICE TO OWNER RW 13-4 (Rev. 9/96) .. ~OTICE TO OWNER Dist. County Route 11 so 905 Federal Aid No.: A905 (015) Number 31757 Owners File: OWD Drawing #46-7 Date: To: Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91977-7299 01-12-06 I Freeway: PAGE 1 OF 1 KP(PM) E.A. (R5.8-R11.6) 091821 [X]Yes [ ] No Because of the State Highway construction project: In San Diego County in San Diego from 1.1 KM east of the Route 905/805 separation to 0.6 KM west of the Mexico border. Which affects your facilities: Water facilities (12-inch ACP potable water pipeline) in Gailes Boulevard/Dublin Drive. You are hereby ordered to: Relocate water facilities in Gailes Boulevard/Dublin Drive as shown on Otay Water District Plan Drawing 46-7. ~our work schedule shall be as follows: The relocation work is to be completed by the competitive bid contr~ct and performed in accordance with the Construction Contract 091824 as shown in the work windows listed in the Special Provisions that all work will be completed by 6/30/06 or prior to construction. Notify Luis Jerez, at telephone number{619)688-6473, 48 hours prior to·initial start of work, and 24 hours prior to subsequent restart when your work schedule is interrupted. Liability for the cost of the work is: 100% STATE 0% OWNER. Liability is based on Owner's rights are superior .to those of the State. Resident Engineer Permits RIW PEDRO ORSO-DELGADO DISTRICT DIRECTOR By'f....._}.~~~:_;Q~~:=__--­ DA VID W. JOHN DISTRICT UTILITY COORDINATOR THIS NOTICE DOES NOT CONSTITUTE A PERMIT. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK. NOTE· 1 . SEE PHOTOS 7 ,8, & 9 DWG C-6 FOR ACCESS. I.E. PACIFIC INC 646-190-!6 VISTA SOUTH ·MELROSE 646-170-06 90" DRAINAGE CULVERT I DETERIORATED AC Vl 0 I-905 fOR WORK IN THIS AREA, SEE DWG C-2 \ SITE PLAN-PACIFIC RIM CT SCALE: 1" -50' .. SEE OWG C-4 FOR WORK IN THIS AREA I-905 I 35' UTIUJY DANTE CORP 645-190-17 EASEMENT GRANTED TO · OTAY WATER DISTRICT STATE OF PER MAP 12145, DATE!a\LIFORNIA AUGUST 10, 1988 646-170-15 MANAGING G P INC 646-220-05 GATEWAY PARK DR --..... ·r- --... r- 0 DUBLIN DR w. ~-·- .c 0 Q_ 0 ~ ·~ g a ... .0 .o N " § .... N · GRAPHIC SCALE BROWN FIELD BUSINESS PARK LP 646-220-28 0 50' 100' 150' ~~~T~S~~~~·~1'~'-~50~'~~~~ 8 ~L~----------------~------------ :rz--AcP !"' , I ---.. r---------~ I j ! I I 20' WIDE WATER / EASEMENT GRANTED TO -·-OTAY WATER DISTRICT f / PER MAP 12279, DATEq OCTOBER 14, 1988 \ SITE PLAN-GAlLES BLVD/DUBLIN DR SCALE: 1"=50' HIRSCH & COMPANY CONSUL T/NG ENGINEERS +499 RUFFIN ROAD, STE. 300 SAN DIEGO. CAUFORN1A 92123 PH (858) 565-4S..5 FAX (858) 565-45+1 ORA'MNG REFERENCES: OWO DWG I 46-7, PACIFI GATEWAY PARK, & DWG # 43-7. BROWN FIELD BUSINESS PARK UNIT I 2, OWO DWG .. I ~2-7, RDfiWfoJ C'IC"I n n,,,..,. ,,.. __ -·-. ~ PARKER. PROPERTIES INC 646-220-04 IIBVIS!ONS D ON D • OTAY WATER DISTRICT 25M SliiBTliATBR SPRIIIGB BOUI.EVAIID SPRIIIG VAU.EY, c.l 81178-20110 818 -870-2222 I-905 UTILITY RELOCATION EXIST. SITE PLANS PACIFIC RIM CT & ~~181~1!.1.1111~0"~;r:....: --'----t~~c~in-BlBY~, -==:::! GAlLES BLVD./DUBLIN DR. PIIOIICT IIWIAGBB CM103· RCB HO. DATI RECORD DRA'II'lNGS Rex NO. DATI! ... .. ____ ~----- 0 / "' 0 / :; ·.r:: ;E 8 :X: "' g N >-~ ... N I . · l I I I V.·l!!! N 1 a: 11n 1!:1 I T · 1 I ·. I I I . ! I I I -QJ !!.'i l I I I . · .·. · 1+oo 2+oo · ·· PROF! LE .· 3+oo Hoo· SCALE: HORIZ. 1"-20' 5+00 \ 1 ''· ,.-VERT,. 1"=4' ~ "-._, ..:.~ , ·"-_ . . · .i· ! ---j-------~~-,~r~ !£~ ---_(-:;.:~':.""' ,. ·~:,~~~~~,;:::;--' r------,;------:-~~ • ... I L5 ~ ' 1'~-/I~.) ~ --~ Ll~Nll!I!QtlS_J@ /, ~-;,dl \)'ill....._:::---·~ . . ---'~-~·-~:=-~ ... ~_)<(=-' .-.----s-f--Es15".!:-~:...E~~-GAILS_:.-E?~-.J_ --~-; )~ .... ,.--_..-EX 15" .,---------------~ .• , ~--/"'--)-SEE PHOTO ~ . ii • I I (3-.L: ~v "..t"'~"lf'Qgo,S.Q __ ._. __ . ··-·· . -so.--. -so .. -. · /.w.. W EX 12" ~CP (CLEifOO) f· . /-r~s--~;-~:~~~SEWEB.=s ~:>---),_,____ .:.:__5 .-.;;:. ___ ••.• , ~"-k" ..J.-· -~----·---:-:so·· . -~ . ··so·· ··so·· .. so .. -- /' /?' -.. ·-.. .. . .. ---QSC / L~-......... ·-----.--~ · · """j / f. · ANcHo.R BLocK f 2 )"'=-· ~:: ;:, ·-..,l'il!l -~r-s...DL.15:.E.YfJEWFJL_s----s----s--~x-x x---x· x-x-\1' /l ___ ~ ~ ~-.. :;;------,: --f-:-_ _g_E D_ETAIL ;\c-•11 ,...--"··~-.i 7 _, ... !.;x 12" ACP .. {f.\-~200 .w.. ,.>"' . .____,, ' " {-rX_ ------_ "' -I -~Y , _ .-_,1 _, /, .. w .. •, .. w.. ..v ---"1.-···// / -.,., __ ==-.. "Q;\ ---~~---rr. -w (I /--~---·---~--~ -----------' ~ ! J / -.\ r-c +,lf I)\ -'k -/ _MEYL 8"__fYC_a -· L ... "" - - - Elf 1 r. '25' WATER EASEMENT-(f) I pv}.&l, ·;-c_.,;...Agy·::~-~-~-----. __ .------~----· EX 25' s~~e:.::~-~5.~------/ 1 \ _ \ H ~' • I ~~ / . ~:rb~AIL c-5 ~ ___ L/ \ ____ CONCRETE Y r : ~~ -~-~----. . . __,....---:---~~\ rf ;It -, \ H 1 . 1\~, STA. ~~;;;g-------~· · EX·-~. GENERAL UTIUTY ~ . · . . · .. ,1 · "-'· , . >..-· ·.. . · . ···. .. . . ,/""'·" ~. ·. \.>•'EX 12" AC (Cl-200)}~' ~~ . ~ 1785725.49 EASEMENT j . . .,..--....: . . . ( . / . ~ EE NOTE 1 . . ' I . <! JJ814J.99 . . . J AIIII"I-IOR RLor.ll{ 2\ \: I'* ( . ··-. /"'' I . ' . / ! ·' ,.. . CO~NECTlON PQINT-""'•'0'-·---------- . . SEE OETA)L \ C-5l ·\ ·. · ! · . .-' · . . . b.c'!!0 . · c{V J'-ROTATE 90' B~ND TO I '---..7 1 ~ , ' f · . . · PROPOSEJ;l-·'1'2"· C~L& (871 PZ) . /~ l>/ , ~~ERTICAL Al!.GNMENT STA 1 +Oci.OO . · . : I '--·-· 488-----.STE&·PiPE, .250 W THICKNESS. , . · l<C) 1-, I-<+-1-1--EXI~T\D DITCH i E 6338091.09 fl. ·, J£ THICKNESS. •:. i ,f -0 :I 1--:n!REPAIR IMPR9YEMENTS CONNECTION POINT! ~ P'------- --__ q --. -----~(SEE NOTE J \ \ _jl-1 VI· TO MATCH 9<1ST ; I 1-2+00 \_ --r--'-. _ ~ I . CONDITIONS.' @S 1. SEE DWG CP-1 FOR CATHODIC PROTECTION DETAILS. 2. NOTIFY FIRE DEPT PRIOR TO COMPLETING NEW LINE SERV1CE CONNECTION. J. REMOVE EXIST. 12" ACP & DISPOSE OF PER W.A.s: NOTE: ALL VEGETATION REMOVED II SHALL BE REPLACED IN KIND AND . AREA OF WORK SHALL BE LEFT ~ BEFORE OR BETTER. STA. l+16.D9 i i/ '"" EX 12"/ACP (CL-,200) 3+00 \ '\ I"IY f SEE PHOI<f ~ ~ N 1785990.80 -~~ ~~; J-i--·---·-···-·· -.... _ '. 1 -,b!: ! STA. 3+79.47 C 6 . v/ / VERT. ALIGNMENT J-.1. ro MATCH EXIST / . -. · 1 SEE DETAIL 1 \c-sJ ! i . J I ROTAT~ 90' To ~~~~~~~s9;o yo/ ~REPAIR IMPROVEMENTS /. /~·-··==---------") t ----THRUST R~_/T'\~~ ~ ~ I' ··~; . ~E~~g~g~Hi q~o# . STA. 1+18.1~ i:t g~~ok~~~ @ FIRE SERVICE_/ xs :_,·, __ , 1 1 VERT/ALLIGNMENT / PROPqSED 2 J-4. ·C-6 · { 6 \ 1 SEEiNOTE 1 / AIR RELEAsE ; / GAlLES BLVD sEE DETAIL_./; \c:::sJN' 1 , .-----...· VALVE t:t / SCALE: 1":o20 1 • '--.7 j Tl-lliUST BLOCK ( 2_j /. OTAY WATER DISTRICT SEE W.A.S. STD EXIS'i"FIRE SERVICE 6 ' SEE DETAIL \C-51 / • • 2GM SRJmrATBR SPIIIHGS BOUUVARD DWG WP-02 ........._ SEE PHOTO \-c=fi?-6. __ --------'-7;;;;;:;;;;;;:;;-----~-+.:::::.!~--::-::-=-:--:-;sp:IIIH:-:G~V=ALLEY!!;=--!:. ~CA~. ~&l~i77:8;;::-2:::ooo~---l ' -.'--7 _ ,... au -&70-22111 ~~§~~~~~RIVIS~~~o~Ks§~~~§~lP~Pn 1-905 UTIUTY RELOCATION GRAPHIC SCALE 0 4' e-s;;;----8' 12' I HIRSCH & COMPANY _liD CONSULTING ENGINEERS #99 RUFFIN ROAD, STE. 300 SAN DIEGO, CAUFORNIA 92!2J PH (858) 565-4545 FAX (858) 565-4541 DISioK BY: _!sc.w, PLAN & PROFILE DlllW!fBY: CUCQDBY: GAlLES BLVD/DUBLIN DR. PROIIICT IIANAGIR t"IV!.IA4 STATE OF CALIFORNIA BUSINESS. TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION District 11 P. 0. BOX 85406 MS-S-54 SAN DIEGO, CA 92186-5406 (619) 688-6682 FAX (619) 688-2570 February 2, 2006 Otay Water District Ron Ripperger 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978-2096 Dear Mr. Ripperger: ARNOLD SCHWARZENEGGER. Govemor 11-SD-905 KP R9.3/R18.62 E.A.: 091821 UtilityNo. 31758 Flex your power! Be energy efficient! Enclosed are four originals and one photocopy of the Utility Agreement No. 31758 covering the relocation ofwater facilities to accommodate the STATE'S construction on Route 905, B.A. 091821. If you find the Agreement satisfactory, please execute and return all original copies, and keep the "Owner File Copy". Please return the originals to this office for further processing. The Owner File copy is for your files until we can return a fully executed original document to you. If you have any questions, please contact me at (619) 688-6682. Sincerely, 0Jk~ ~ie Rodri~u:~ -Q Q Utility Coordinator Right of Way Division Enclosure "Caltrans improves mobility across California" I ' STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT Page 1 of 4 RW 13-5 (Rev. 10/95) Dist Co Rte KP (P.M.) EA 11 SD 905 R9.3/R18.62 091821 (R5.8/R11.6) Federal Aid No.: A905 (015) Owners File: FEDERAL PARTICIPATION: On the Project X Yes g. No On the Utilities [8J Yes 0 No UTILITY AGREEMENT N0. ___ 3::;;..;:.1:;..:..7.:;;.;58~-·DATE'--. __ ..:....__ ____ _ The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes to construct a new freeway (Phase 1) in San Diego County in San Diego from 1.1 km east of the Route 905/805 separation to 0.6 km west of the Mexico Border and OTA Y WATER DISTRICT, hereinafter called "OWNER", owns and maintains water facilities within the limits of STATE's project. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner 31758 dated 1112/06 OWNER shall relocate OWNER's water facilities. All work shall be performed substantially in accordance with OWNER's Drawing No. 46-7 dated July 12, 2005 consisting of eight sheets, a copy of which is on file in the District office of the Department of Transportation at 2878 Camino Del Rio South, Suite 500, San Diego, CA 92108. Deviations from the OWNER's plan described above initiated by either the STATE or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the STATE and agreed to/acknowledged by the OWNER, will constitute an approved revision of the OWNER's plans described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. II. LIABILITY FOR WORK: Existing facilities are located in their present position pursuant to rights superior to those of the STATE and will be relocated at STATE expense. III. PERFORMANCE OF WORK: Owner agrees to cause the herein described work to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished all necessary labor, materials, tools and equipment required therefore, and to prosecute said work diligently to completion. UTILITY AGREEMENT {Cont.) RW 13-5 (Rev. 10/95) IV. PAYMENT FOR WORK: Page 2 of 4 I UTILITY AGREEMENT NO. 31758 The STATE shall pay its share of the actual cost ofthe herein-described work within 90 days after receipt offive (5) copies of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. The OWNER's billing cost to STATE is $225,674.00. It is understood and agreed that the STATE will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the STATE for the accumulated depreciation or "used life" on the replaced facilities and for the ~alvage value of any material or pa1ts salvaged and retained or sold by OWNER. Not more frequently than on<;:e a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's recorded costs as o[the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by STATE of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to the STATE within 3 60 days after the completion of" the work described in Section I. above. If the STATE has not received a final bill within 360 days after notifiction of completion of OWNER's work described in Section I. of this Agreement, and STATE has delivered to OWNER fully executed Director's Deeds, Consents to Conimon Use or Joint Use Agreements as required for OWNER's facilities, STATE will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the STATE processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission. The fmal billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the STATE shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by STATE. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission. In any event if the final bill exceeds 125% of the estimated cost of this agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of STATE. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and/or 18 CFR, Chapter 1. Parts 101,210, et all If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse STATE upon receipt of STATE billing. V. GENERAL CONDITIONS: All costs accrued by OWNER as a result of STATE's request ofJune 15, 2004 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. UTILITY AGREEMENT (Cont.) RW 13-5 (Rev. 1 0/95) V. GENERAL CONDITIONS: (Continued) Page 3 of4 I UTILITY AGREEMENT NO. 31758 If STATE's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of STATE under the terms of this Agreement are subject to the passage of the annual Budget Act by the State Legislature and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to .the STATE within 30 days of the completion of the work described herein. Where OWNER has prior rights in areas which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on STATE highway right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties. It i!l understood that Sflid J:lighway is a Feder~l aid highway and a~cordingly, 2~ CFR 64~ is her~ by incorporated into this Agreement. · · · · · · · · · · * * * * UTILITY AGREEMENT (Cont.) RW 13-5 (Rev. 10/95) Page 4 of 4 I UTILITY AGREEMENT NO. 31758 THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ =22=5-=6'-'-7-'-'4."""'00"--------- CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose· of the expenditure shown here. /4-S ;J)t_-JC_ 1-J 7-J.ocJ { / )lQ Accounting Officer Date V ITEM CHAP STAT FY. AMOUNT ~660· !CJ 1-t)19r:?, 36' ~tJJ tflqb~ t t»er:J -c2b ~(7</'.~ FUND TYPE EA Design Funds Construction Funds RWFunds 091829 AMOUNT $ ·$ $225,674.00 .......... .......... . . . . . . . . . . I I I I I I I I I I .·.·~·.··.·.·.·.·.· .·.·.:_·.·.·.·.·.· :1-1 11: I I I I I I I I I . . . . ..... I I I I I I. I I I I I I I I I I I I ............ . . . . . . . . . .. ' ........ . . . . .. . . . . . •· . . .-. ·-··: ......... . IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. OWNER: OTAY WATER DISTRICT "By· _________________ _ Name/Title Date DO NOT WRITE BELOW-FOR ACCOUNTING PURPOSES ONLY EA FUNDING VERIFIED: Sign:> Print> Date· Distribution: 3 originals to R/W Program Accounting & Analysis 3 originals returned to RIW Planning & Management Sign> Print> Debbie Rodriguez Utility Coordinator Date June 28, 2005 Ms. Debbie Rodriguez Caltrans, District 11 P. 0. Box 85406 MS-S-54 San Diego, CA 92186-5406 SUBJECT: 1-905 Utility Relocation, Claim Letter; 12-lnch Pipeline on Pacific Rim Court Dear Ms. Rodriguez: Project: P2440-003000 The purpose of this letter is to establish that the Otay Water District (District) has prior rights of occupancy for the 12-inch ACP potable water pipeline on Pacific Rim Court within the proposed Interstate 905 (1-905) right-of-way. As we have jointly determined, this pipeline must be permanently relocated in order to accommodate the construction of the new 1-905 and meet all Caltrans right-of-way encroachment requirements. The subject pipeline was constructed under one project within a 20-foot-wide permanent easement. A copy of the recorded easement document was transmitted to you on July 1, 2004. I have enclosed herewith the Resolution that provides proof that such pipeline was built under an agreement with Gateway Otay Park. The pipeline was constructed in 1989 and accepted by the District in 1990 and has since been lawfully operated and maintained. The segment of pipe that requires relocation is within a previously established easement; therefore, · it is understood that Caltrans is responsible for 100 percent of. the cost of a permanent relocation, minus a depreciation credit. The estimated construction cost for this relocation is $17 4,320.00. Depreciation on the 12-inch ACP pipe is calculated to be $3,465.45. I have enclosed a copy of our depreciation calculations for your files. Additionally, we have estimated that the total design and inspection fees. incurred by the District for this relocation will be $54,819.00. The District. will invoice Caltrans for reimbursement of all final des·ign, inspection, and construction costs following completion <?f the project. If you have any questions or need additional information regarding this particular pipeline relocation, please contact me at (619) 670-2279 or Martha Juarez at (619) 670-2273. Sincerely, Ron Ripperger, P .E. Engineering Design Manager MJ/RR:seh Enclosures cc: Mehdi Arbabian (w/o enclosures) Martha Juarez P:\WORKING\CIP W440-P2440\Pianning\Correspondence\Ltr Caltrans Pacific Rim Claim Ltr 6-28-05.doc 1-905 Utility Relocations Pacific Rim Court Project: Relocation of 300 mm (12") ACP Pipeline Design Eng: Hirsch & Co.\Cecil Rehr Prepared By: ...:T...:..:ra=..:n.!!.h!...!H'-!;u~y~n~h-----~~-~--'---------- Date: 6/27/2005 CIP No. W440 W.O. No. 30·130 WO 1825 RESOLUTION NO. 2997 Accepting Work Completed Under an Agreement with Gateway Otay Park for the Construction of a Water for Pacific Park 12" ACP-CL 200 .00 Actual Construction Cost l.___ __ ---""$2::..:6::.!.,..:...:1 O::..:O:...::.o::..:o:...-~1 Unit cost for pipeline based on current market and construction costs of recent similar projects. Estimated construction costs (ECC) for the years 1988 and 2005 have been determined by using the Engineering News-Record (ENR) Construction Cost Index (CCI) Number. · Date CCI No. ECC 2005 7415 $26,100 1989 4615 $16,244 Depreciation Calculations Life Cycle for ACP per OWD = 75 yrs Current Age of existing ACP = 2005-1989 = 16 yrs Assuming Straight-line Depreciation over the life cycle: Depreciation Cost= (Current Age I Life Cycle) • Value in 1989 . = *1 TOTAL PROJECT DEPRECIATION COST= P:\WORKING\CIP W440-P2440\WO 30130 Pacific Rim\Pac Rim Ct Depreciation Estimate 6-23-05 LOCATION: ESTIMATE BV: A·E FIRM: SHEET CHULA VISTA W.PAPAC HIRSCH & COMPANY 1-0F3 TITLE: STATUS: CHECKED BY: DATE: 1-905 OWD 06.27.05 DESCRIPTION QUANTilY MATERIAL COST LABOR COST ENGINEERING EST NO. UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL PACIFIC RIM 12" CML&C, .25 wall 481 If 70.00 $33,670.00 24" Stl. Casing, .375 wall 438 If 275.00 $120,450.00 12" GV (for isolation) 1 ea 1,400.00 $1,400.00 2"ARV. 1 ea 3,500.00 $3,500.00 4" 8.0. 1 ea 4,500.00 $4,500.00 Conn. Tci Existing 2 ea 2,500.00 $5,000.00 CP System 1 Is 3,600.00 $3,600.00 Restoration 1 Is 2,200.00 $2,200.00 SUBTOTAL $174,320.00 P:\WORKING\CIP W440-P2440\Schedules-Costs\COST ESTIMATE PacRim-Cactus-Gailes 1 of 3 1-905 Estimated fees for Design and Construction Services Pacific Rim Court OWD Design Review Consultant Inspection CM TOTAL $8,400 $27,441 . $11,000 $7,978 $54,819 100 hrs · 125hrs 66hrs Dublin Road/GaiJes Blvd. OWD Design Review Consultant Inspection CM TOTAL $15,120 $27,440 $11,000 $7,978 $61,538 180 hrs 125 hrs 66 hrs Britannia Blvd. OWD Design Review Consultant Inspection CM TOTAL $16,800 $60,700 $11,900 $10,956 $100,356 200 hrs 140 hrs 92 hrs Cactus Road OWD Design Review Consultant Inspection CM TOTAL $5,040 $10,354 $5,902 $4,421 $25,717 60hrs 90 hrs 37 hrs Airway Road/Harvest Road OWD Design Review Consultant Inspection CM TOTAL $25,200 $69,200 $17,850 $12,831 $125,081 300 hrs 210hrs 107.hrs TOTALS by Column: $70,560 $195,135 $57,652 $44,164 $367,511 P:\WORKING\CIP W440-P2440\Schedules-Costs\Fees estimate for Claim letters STATE OF CALIFORNIA-BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT-11 P. 0. BOX 85406 MS-54 <''-AN DIEGO, CA 92186-5406 HONE (619) 688-6682 FAX (619) 688-2570 January 23, 2006 Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91977-72.99 Attention: Ron Ripperger ARNOLD SCHW ARZENEGGER, Govemor 11-SD-905 KP: R5.8-:R11.6 EA: 091821 UTIL NO: 31758 Flex your power! Be energy efficient I Enclosed is Notice to Owner No. 31758 covering the relocation of water facilities in Pacific Rim. If you have any questions, please call me at (619) 688-6682. SQ~· DEBBIE RODRIGUEZ Utility Coordinator Right of Way Division Enclosures "Cal trans improves mobility across California" SDSTATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION NOTICE TO OWNER RW 13-4 (Rev. 9/96) ~OTICE TO OWNER Dist. 11 County Route so .. 905 Federal Aid No.: A905 (015) Number 31758 · Owners File: OWD Drawing #46-7 Date: To: Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91977-7299 1/12/06 I Freeway: PAGE 1 OF 1 KP(PM) E.A. (R5.8-R11.6) 091821 [X] Yes [ ] No Because of the State Highway construction project: In San Diego County in San Diego from 1.1 KM east of the Route 905/805 separation to 0.6 KM west of the Mexico border. Which affects your facilities: Wateffacilities· (12-inch ACP potable water pipeline) in Pacific Rim Court. You are hereby ordered to: Relocate water facilities in Pacific Rim Court as shown on Otay Water District Plan Drawing 46-7. \Your work schedule shall be as follows: The relocation work is to be completed by competitive bid contract jand performed in accordance with the Construction Contract 091824 as shown in the work windows listed in the Special Provisions that all work will be completed by 6/30/06 or prior to construction. Notify Luis Jerez, at telephone number (619)688-6473, 48 hours prior to initial start of work, and 24 hours prior to subsequent restart when your work schedule is interrupted. Liability for the cost of the work is: 100% STATE 0% OWNER. Liability is based on Owner's rights are superior to those of the State. ICC: Resident Engineer Permits RIW PEDRO ORSO-DELGADO DISTRICT DIRECTOR THIS NOTICE DOES NOT CONSTITUTE A PERMIT. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK. .c 0 Q_ 0 u :I: I "' g N -x-x · STA. 1 +00.00 N 1786260.89 E 6332855.87 CONNECTION POINT NOTE: ALL VEGETAllON REMOVED SHALL BE REPLACED IN KIND AND AREA OF WORK SHALL BE LEFT AS BEFORE OR BETTER. PROFILE SCALE: HORI~. 1"=20'. · ·. VERT. 1"=4' DATI DATI Slllll' • or 10 SBDTS DIU'IrniQ HO. ~~-.. , .. ~ ..J : g ::,; ···. "' "' "' ~ 0 Cl / .,. < lU -:: 0 ·/ "' 0 / ::; "' 0 n. 0 u J: -" >. • 0 ~ a. t: :: "' E 0 ro . ., 0 0 ·. N "' 0 ::,; ... "' " 0 " ·.· ... NOTE· 1. SEE PHOTOS 7,8, & 9 . DWG C-6 FOR ACCESS. :~ .. I.E. PACIFIC INC ·. 646-190-16 VISTA SOUTH MELROSE . 646-170:-06 BROWN FIELD BUSINESS PARK LP 646-220-28 . -.::.. .. THE RELOCATION PLANS WILL CLEAR THE PROJECT. GRAPHIC SCALE 0 50' 1.00' 150' ~~~~~~~~.~~~~ VERT SCALE: I"'" 50' .. l I . i :· . I-905 FOR WORk IN. THIS AREA, . SEE DWG C-2 Vl 0 \. ·. -~TI; 1 ~~N-PACIFIC RIM CT SEE DWG C-4 FOR WORK IN THIS AREA I-905 . 20' WIDE WATER ~' EASEMENT GRANTED TO .---- OTAY WATER DISTRICT f PER MAP 12279. DATEq OCTOBER 14, 1988. \ : ~PROPOS<D . ( •. / '"Z CONS7 <ASEMENT r- 1 / i I / MANAGING G P INC 646-220-05 . PARKER PROPERTIES INC 646-220-04 DANTE CORP 646.-190-17 . ... · .. ' .. ·. ·GATEWAY PARK DR : ... : .... :.~. :.:· ........ · .. , --... .-r-· :; · .. :~~~~~~~-=-~!~~~-~~~-~ ._~j~~~f '-""·' ,._....__.... ~o,H ', ..... ~ ... --; .. -..... ,,• -~-' Oo .,.. ...;,, Oo ~ 0 . DUBLIN DR D. ' . SITE PLAN-GAlLES BLVD/DUBLIN. DR OTAY WATER DISTRICT 23~ SWRnl.t.TIIR SPRINGII BOULE'IAIUI SPRING VAU.EY CJ. DIV711-20INI SCALE: 1"•50' HIRSCH & COMPANY CONSUL T!NG ENGINEERS 4499. RUFFIN ROAD, SlE. 300 SAN DIEGO, CALIFORNIA 92123 PH (858) S85-4545 FAX (858) 565-454-1 . 1-905 UTIUTY RELOCATION EXIST. SITE PLANS . PACIFIC RIM CT &. ~~;;;,;:==::::@~m-=====1 GAlLES BLVD./DUBLIN .DR. D.I.TB