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HomeMy WebLinkAboutResolution No. 10-C30RESOLUTION NO. 10-C30 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF. AZUSA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE AZUSA ROCK QUARRY REVISED CONDITIONAL USE PERMIT, RECLAMATION PLAN, AND DEVELOPMENT AGREEMENT; ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, the Azusa Rock Quarry Revised Conditional Use Permit ("CUP") and Reclamation Plan, and Development Agreement (collectively, the "Project' or "Proposed Project' has been proposed to the City of Azusa by the owner of the Azusa Rock Quarry ("Vulcan," "VMC," or "the Applicant'); and WHEREAS, the Proposed Project, which would modify the areas of the Azusa Rock Quarry on which mining is allowed and develop a reclamation plan for such areas, is located in the northwest portion of the City of Azusa, within the County of Los Angeles; and WHEREAS, pursuant to the California Environmental Quality Act (Pub. Res. Code, §§ 21000 et seq) ("CEQA"), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) the City determined that an Environmental Impact Report ("EIR") should be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Proposed Project; and WHEREAS, the City issued a Notice of Preparation ("NOP") on a Draft EIR on or about May 13, 2009 and circulated the NOP until July 3, 2009; and WHEREAS, the City solicited comments from potential responsible and trustee agencies and members of the public; and WHEREAS, the City held a scoping meeting on May 27, 2009 to gather public comments on the Proposed Project and its potential impacts on the physical environment; and WHEREAS, the City received nine (9) written comments in response to the NOP, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and WHEREAS, on or about December 23, 2009, the City initiated a 45 -day public review period by filing a Notice of Completion and Availability with the State Office of Planning and Research and releasing the Draft EIR for public review and comment; and WHEREAS, the public review and comment period for the Draft EIR was subsequently extended to February 20, 2010 at the request of the public; and WHEREAS, pursuant to State CEQA Guidelines section 15086, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others during the 60 -day comment period; and WHEREAS, the City received 653 written comments during the public review period for the original Draft EIR; and WHEREAS, the City Planning Commission held a noticed public study session on January 13, 2010, which featured public testimony on the Proposed Project to the Commission; and WHEREAS, the City Planning Commission, at its regularly scheduled public meeting on January 27, 2010, opened a public hearing on the Proposed Project at which public testimony on the Proposed Project was received and continued the hearing to February 10, 2010; and WHEREAS, the City Planning Commission, at its regularly scheduled public meeting on February 10, 2010, heard continued public testimony as part of the Proposed Project's public hearing, closed the public comment portion of the hearing, and continued the hearing to February 24, 2010; and WHEREAS, the City Planning Commission's scheduled public meeting for February 24, 2010 was cancelled for lack of a quorum; and WHEREAS, the City Planning Commission, at its regularly scheduled public meeting on March 10, 2010, heard further public testimony from the public concerning the Proposed Project during the general comment period of the meeting, took up the continued public hearing on the Proposed Project, and recommended to the City Council that the EIR be certified, the CUP and Reclamation Plan amendments approved, and the Development Agreement be denied; and WHEREAS, the City has prepared a Final EIR, consisting of written responses to comments received during the 60 -day public review and comment period on the Draft EIR and revisions and errata to the Draft EIR. For the purposes of this Resolution, the "EIR" shall refer to the Draft EIR, as revised by Final EIR's errata section, together with the Final EIR; and WHEREAS, the City Council of the City of Azusa ("City Council"), at its regularly scheduled public meeting on April 19, 2010, held a public hearing on the Proposed Project; and WHEREAS, the City Council, at its regularly scheduled public meeting on May 17, 2010, held a public hearing on the Proposed Project; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Proposed Project; and WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have been . satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Proposed Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Proposed Project sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA and the State CEQA Guidelines; and 2 WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, the environmental impacts identified in the EIR that the City finds are less than significant and do not require mitigation are described in Section 2 hereof; and WHEREAS, the environmental impacts identified in the EIR as potentially significant but which the City finds can be mitigated to a level of less than significant, through the imposition of feasible Mitigation Measures identified in the EIR and set forth herein, are described in Section 3 hereof; and WHEREAS, the environmental impacts identified in the EIR as potentially significant but which the City finds cannot be fully mitigated to a level of less than significant, despite the imposition of all feasible Mitigation Measures identified in the EIR and set forth herein, are described in Section 4 hereof; and WHEREAS, alternatives to the Proposed Project that might eliminate or reduce significant environmental impacts are described in Section 8 hereof; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the EIR, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Proposed Project; and WHEREAS, no comments made in the public bearings conducted by the City or any additional information submitted to the City have produced substantial new information requiring recirculation or additional environmental review under State CEQA Guidelines section 15088.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: FINDINGS. At a session assembled on May 17, 2010, the City Council determined that, based on all of the evidence presented, including but not limited to the EIR, written and oral testimony given at meetings and hearings, and the submission of testimony from the public, organizations and regulatory agencies, the following environmental impacts associated with the Project are: (1) less than significant and do not require mitigation; or (2) potentially significant but will be avoided or reduced to a level of insignificance through the identified Mitigation Measures; or (3) significant and cannot be fully mitigated to a level of less than significant but will be substantially lessened to the extent feasible by the identified Mitigation Measures. 3 SECTION 2: RESOLUTION REGARDING ENVIRONMENTAL IMPACTS NOT REQUIRING MITIGATION. The City Council hereby finds that'the following potential environmental impacts of the Project are less than significant and therefore do not require the imposition of Mitigation Measures. A. AESTHETICS 1. Impact: The Proposed Project would have a less than significant impact on scenic vistas from Viewpoints 1 through 4. (EIR 4.1-17 - 41.) The DEIR analyzes scenic vistas from five different viewpoints. (EIR 4.1-17 — 41.) Scenic vistas from Viewpoint 5 would have environmental impacts not mitigated to a level of less than significance, and are discussed in Section 4, below. Scenic Vistas from Viewpoint 1 -) San Gabriel River Trail Supporting Explanation: Foreground views from this viewpoint include the riparian vegetation located along the San Gabriel River. (EIR 4.1-17; EIR Figure 4.1-9.) The background views include the foothills of the San Gabriel Mountains, and a pronounced view of the Project Site. (]bid.) The primary visual difference as seen from the trail, between the existing conditions and proposed future conditions is the portion of the Project Site where the landscaping looks more natural as opposed to clear cut. (EIR 4.1-18; EIR Figure 4.1-9.) The view in the existing condition has been rated at 11 to 12 points. (Ibid.) It clearly shows the stark, linear benches that have been constructed as currently approved for site reclamation. (Ibid.) The view shown in the Proposed Project Final Reclamation condition simulation has been rated at 13 points. (EIR 4.1-19.) It shows the more naturalized slopes, drainage paths and vegetation patterns that are characteristic of the micro -benching technique. (Ibid.) Potential views of the site from the San Gabriel River Trail will be improved by 1 to 2 points as a result of the Proposed Project. (Ibid.) This impact is therefore considered less than significant. (Ibid.) Scenic Vistas from Viewpoint 2 4 Various City of Azusa Public Parks Supporting Explanation: Foreground views from this viewpoint include the park stadiums, associated buildings, and various tall trees. (EIR 4.1-23; EIR Figure 4.1-13.) Background views include the foothills of the San Gabriel Mountains. (Ibid.) The notable difference between the existing conditions and the Proposed Project as viewed from this location, is mining activity on the West Side of the Project Site and the reclaimed East Side quarry slopes as shown in the center of the photos. (Ibid.) The view in the existing condition simulation has been rated at 10 points. (Ibid.) It shows the stark, linear benches that are presently permitted for the site. (Ibid.) The view shown in the proposed condition simulation has been rated at I1 points. (EIR 4.1-24.) Although the distance reduces the impact of the change, there is some difference resulting from the more naturalized slopes and drainage paths typical of the micro benching technique, and the increased vegetation that will occur under this condition. (Ibid.) 17 Potential views of the site from Memorial Park will be improved by 1 (one) point as a result of the Proposed Project. (Ibid.) This impact is therefore considered less than significant. (Ibid.) • Scenic Vistas from Viewpoint 3 4 City of Duarte's Encanto Park Supporting Explanation: Foreground views from this viewpoint include the grassy fields and tall trees surrounding the park. (EIR 4.1-24; EIR Figure 4.1-17.) The background views include the foothills of the San Gabriel Mountains, and a clear view of the Project Site's east slope face ("Mayan Steps"). (Ibid.) Changes in the two views relate to Project Site roads, mining activities on the west side and reclamation activities on the east side. (Ibid.) The view in the existing condition has been rated at 11 points. (Ibid.) It shows the stark, linear benches that are presently permitted for the site. (Ibid.) The view shown in the Proposed Project simulation has been rated at 12 points. (EIR p. 4.1-29.) It shows the more naturalized slopes, drainage paths and vegetation patterns that are characteristic of the micro -benching technique on the East Side. (Ibid.) Potential views of the site from Encanto Park will be improved by 1 point as a result of the Proposed Project. (Ibid.) This impact is therefore considered less than significant. (Ibid.) • Scenic Vistas from Viewpoint 4 4 Various Azusa Residences Supporting Explanation: Foreground views from this viewpoint (south-southeast of the Project Site) include homes and various tall trees. (EIR 4.1-29; EIR Figure 4.1-18.) The background views include the foothills of the San Gabriel Mountains, and views of the Project Site's west quarry slope face. (Ibid.) The only visual difference between the existing and Proposed Project conditions is more natural looking hillside. (Ibid.) Views of the Project Site from the Mountain Cove community include homes and native/ornamental vegetation. (Ibid.; EIR Figure 4.1-19.) The background views include the steep slopes of the canyon, as well as the foothills of the San Gabriel Mountains. (Ibid.) The West Side quarry slopes of the Project Site are visible. (Ibid.) The view in the existing condition has been rated at 13 points. (EIR 4.1-32.) It shows the stark, linear benches that are currently permitted for the Project Site. (Ibid.) The view shown in the proposed condition simulation has been rated at 15 points. (Ibid.) It shows improvements in the naturalization of slopes, drainage paths and vegetation patterns resulting from the micro - benching technique. (Ibid.) Potential views of the Project Site from Azusa residences will be improved by 1 point as a result of the Proposed Project. (Ibid.) This impact is therefore considered less than significant. (Ibid.) Potential views of the Project Site from Mountain Cove will be improved by 2 points as a result of the Proposed Project. (Ibid.) This impact is therefore considered less than significant. (Ibid.) 5 2. Impact: The Proposed Project would not substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway. (EIR 4.1-41 — 4.1-43.) Therefore, impacts would be less than significant. (Ibid.) ■ Highway 39 Scenic Roadwav Supporting Explanation: Foreground views from Highway 39 include houses and tall trees along San Gabriel Canyon Road. (EIR 4.1-41; EIR Figure 4.1-27.) Background views include the foothills of the San Gabriel Mountains. (Ibid.) The view in the existing condition has been rated at 12 points. (Ibid.) It shows the stark, linear benches that are presently permitted for the site reclamation. (Ibid.) The view shown in the proposed condition simulation has been rated 13 points. (Ibid.) It shows the more naturalized slopes and drainage paths typical of the micro -benching technique, and the increased vegetation that will occur under this condition. (EIR 4.1-43.) Potential views of the site from Highway 39 will be improved by 1 point as a result of the Proposed Project. (Ibid.) This impact is therefore considered less than significant. (Ibid.) ■ Foothill Boulevard/Alosta Avenue Historic Route 66 Corridor Supporting Explanation: Foreground views include the commercial buildings and various tall trees along Alosta Avenue. (EIR 4.1-43; EIR EIR Figure 4.1-28.) Background views include the foothills of the San Gabriel Mountains. (Ibid.) The visual difference between the existing and Proposed Project conditions is the west side of the Project Site shown in the center of the photos. (Ibid.) The view in the existing condition has been rated at 13 points. (Ibid.) It shows the stark, linear benches that are presently permitted for the site. (Ibid.) The view shown in the Proposed Project condition simulation has been rated at 14 points. (Ibid.) It shows the more naturalized slopes and drainage paths typical of the micro -benching technique, and the increased vegetation that will occur under this condition. (Ibid.) Potential views of the site from Foothill Boulevard/Alosta Avenue will be improved by 1 point as a result of the Proposed Project. (Ibid.) This impact is therefore considered less than significant. (Ibid.) 3. Impact: The Proposed Project would not substantially degrade existing visual character or quality of the site and its surroundings. (EIR 4.1-45.) No impact is expected. (Ibid.) Supporting Explanation: The Project Site has been mined continuously since the 1920s. (Ibid.) Disturbance has occurred throughout the East and West Side quarry areas. (Ibid.) Portions of the East Side have been reclaimed and revegetated. (Ibid.) Views of the Proposed Project from within the perimeter of the Project Site will be similar until the existing reclamation or proposed reclamation is completed on the East Side. (Ibid.) The overall impact of the Proposed Project will be beneficial compared to the permitted project, due to improved reclamation techniques and the elimination of the existed stepped benches, therefore no impact is expected. (Ibid.) B. AIR QUALITY 1. Impact: The Proposed Project would not conflict with or obstruct implementation of an applicable air quality plan (i.e. SCAQMD AQMP). (EIR 4.2-22.) Therefore, impacts are less than significant. (Ibid.) Supporting Explanation: The Azusa Rock Quarry has been a permitted operation since 1956 and therefore, the quarry activities have been included in subsequent Air Quality Management Plans (AQMP). (Ibid.) Vulcan Materials Corporation ("VMC") is permitted to quarry up to 10.8 mtpy (or up to 900,000 tons per month) in accordance with South Coast Air Quality Management District ("SCAQMD") permits to operate the on-site processing plants. (Ibid.) The Proposed Project is for a maximum of 6 mtpy of aggregate production and transfer on the overland conveyor which is less than that currently incorporated in the AQMP. (Ibid.) The SCAQMD AQMP is updated about once every five years to develop a strategy for bringing the South Coast Air Basin ("SCAB") into attainment with the State and Federal ambient air quality standards. (Ibid.) The AQMP estimates future growth of emissions and then presents emission reduction strategies sufficient to reach attainment. (Ibid.) The most recent final AQMP, adopted in 2007, included growth assumptions from 2002 to 2020 of 22 percent for population, 23 percent for housing units, 21 percent for employment, and 19 percent increase in vehicle miles traveled. (Ibid.) The AQMP baseline amounts are very large, and thus the emissions associated with the forecast growth rates are also very large compared to the proposed Azusa Rock Quarry emissions. (Ibid.) Likewise, the growth assumptions in the 2007 AQMP include emissions associated with activities necessary to meet the growth demand for aggregate, concrete, and other building materials. (Ibid.) The Proposed Project would be accommodated within those growth assumptions. (Ibid.) In addition, the Proposed Project would be in compliance with all of the applicable SCAQMD rules and permitting and operation requirements. (Ibid.) Therefore, the impact would be less than significant. (Ibid.) 2. Impact: The Proposed Project would not expose sensitive receptors to substantial pollutant concentrations. Therefore, impacts would be less than significant. (EIR-4.2-31 — 35.) Supporting Explanation: A health risk assessment ("HRA") was prepared to determine the potential for health effects from the dispersion of the Proposed Project's toxic air contaminant ("TAC") emissions. (EIR 4.2-31.) TAC emissions were calculated for the peak hour (1,800 tons for acute risk) and the peak year (6 million tons for chronic and cancer risks). (Ibid.) The first year of Proposed Project operations was modeled as the engines are the least efficient/clean and the haul distances are the longest. (Ibid.) Proposed Project throughput and off-road equipment activity levels were used to calculate emissions for all scenarios. (Ibid.) Off-road diesel emissions are the main source of cancer risk (a multi-year impact) and are calculated based on the level of effort required to mine the remaining aggregate reserves through the year 2038. (Ibid.) 7 The following thresholds for maximum incremental cancer risk, and non -cancer acute and chronic hazard indices ("HI") from project emissions of TACs have been established by the SCAQMD: ■ Cancer Risk -an increased cancer risk greater than 10 in I million • Chronic Hazard Index - The project impact would be considered significant if the cumulative increase in total chronic HI for any target organ system due to total emissions from the project would exceed 1.0 at any receptor location. • Acute Hazard Index - The project impact would be considered significant if the cumulative increase in total acute HI for any target organ system due to a maximum one hour concentration of a TAC from the project would exceed 1.0 at any receptor location. (EIR 4.2-32.) The maximum 30 -year cancer risk is 5.4 in 1 million, less than the 10 in a million threshold and the maximum chronic risk is 0.01, less than the 1.0 threshold. (Ibid.) Therefore, carcinogenic and chronic health risk impacts from the Proposed Project to sensitive receptors are expected to be less than significant. (Ibid.) Acute and chronic risk isopleths are not presented as there are no off-site locations where these health risk impacts are significant. (Ibid.) The maximum acute hazard index is 0.06, less than the threshold of 1.0. (EIR 4.2-35.) No activity related to the Proposed Project would emit significant levels of any toxic air pollutants that have short-term acute health effects. (Ibid.) Therefore, the potential for short-term acute exposure from project -related toxic emissions is determined to be less than significant. (Ibid.) 3. Impact: The Proposed Project would not create objectionable odors affecting a substantial number of people. Therefore, impacts would be less than significant. (EIR 4.2-35.) Supporting Explanation: The nearest residence to the Project Site is located approximately 0.3 miles away to the southwest. (Ibid.) The manufacturing of asphalt does not occur at the Project Site and is not a part of the Proposed Project. (Ibid.) Asphalt plants have been routinely associated with aggregate plants as the source of objectionable odors. (Ibid.) Aggregate plants typically do not generate objectionable odors. (Ibid.) Therefore, objectionable odors from the Proposed Project are not anticipated. (Ibid.) The Proposed Project does not include the burning of any hazardous, medical or municipal waste. (Ibid.) Therefore, the Project Site would not generate objectionable odors. (Ibid.) Less than significant impact is anticipated. (Ibid.) C. BIOLOGICAL RESOURCES 1. Impact: The Proposed Project would not have a substantial adverse effect, either directly or through habitat modifications, on the following candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service: Brauton's Milk Vetch, Slender mariposa lily, Plummer's mariposa lily, Slender -horned spineflower, San Gabriel mountain dudleya, Many -stemmed dudleya, San Gabriel bedstraw, Mesa horkelia, Robinson's pepper -grass, Bedling's orange -throated whiptail, San Diego coast horned lizard, Southern California rufous - crowned sparrow, Black swift, Osprey, Pallid bat, Western mastiff bat, San Diego black -tailed jackrabbit, Yuman myons, Big free -tailed bat, and American badger. (EIR 4.3-21 — 30.) Therefore, impacts to these species would be less than significant. (Ibid.) 8 Supporting Explanation: Special Status Plants Braunton's Milk Vetch (Astragalus brauntonii). A federally endangered species, and a CNPS 113.2 listed plant, is found in coniferous forest, chaparral, valley and foothill grasslands and coastal sage scrub habitats, up to 2,100 feet amsl. (EIR 4.3-23.) The plant was not seen during plant surveys, and areas of the Project Site that were not accessible due to rough terrain were accessed through binoculars, therefore no impact is anticipated. (Ibid.) Slender mariposa lily (Calochorrtus clavatus var. gracilis). A CNPS 113.2 listed plant, the slender mariposa lily is found in chaparral and coastal sage scrub habitat between 1,200 and 3,300 feet amsl. (Ibid.) The plant was not seen during plant surveys, and areas that were not accessible due to rough terrain were accessed through binoculars, therefore, no impact is anticipated. (Ibid.) Plummer's mariposa lily (Calochortus plummerae). A CNPS 113.2 listed plant, Plummer's mariposa lily is found in chaparral, coastal sage scrub and valley and foothill grasslands between 300 and 5,200 feet amsl. (Ibid.) The plant was not seen during plant surveys, and areas that were not accessible due to rough terrain were accessed through binoculars, therefore, no impact is anticipated. (Ibid.) Slender -homed spineflower (Dodecahema leptoceres). A federal and state endangered plant, the slender -horned spineflower is found in cismontane woodland, chaparral, and coastal sage scrub between 660 to 2,290 feet amsl. (Ibid.) The plant was not seen during plant surveys, and areas that were not accessible due to rough terrain were accessed through binoculars, therefore, no impact is anticipated. (Ibid.) San Gabriel mountain dudleva (Dudleva densiflora). A CNPS 113.1 listed plant, San Gabriel mountain dudleya is found in chaparral, coastal sage scrub and lower mountain coniferous forest between 985 and 1,700 feet amsl. (Ibid.) The plant was not seen during plant surveys, and areas that were not accessible due to rough terrain were accessed through binoculars, therefore no impact is anticipated. (Ibid.) Many -stemmed dudleya (Dudleva multicaulis). A CNPS 113.2 listed plant, many - stemmed dudleya is found in chaparral, coastal sage scrub and valley and foothill grasslands up to 2,590feet amsl. (Ibid.) The plant requires heavy soils such as clay which are found on-site. (Ibid.) The plant was not seen during plant surveys, and areas that were not accessible due to rough terrain were accessed through binoculars, therefore, no impact is anticipated. (Ibid.) San Gabriel bedstraw (Galium grande). A CNPS 113.2 listed plant, San Gabriel bedstraw is found in cismontane woodland, chaparral, and lower montane coniferous forests between 1,400 to 5,000 feet. (EIR 4.3-24.) The plant was not seen during plant surveys, and areas that were not accessible due to rough terrain were accessed through binoculars, therefore, no impact is anticipated. (Ibid.) Mesa horkelia (Horkelia cuneata ssp. puberula). A CNPS 113.1 listed plant, mesa borkelia is found in cismontane woodland, chaparral, and coastal sage scrub between 230 to 2,660 feet amsl. (Ibid.) The plant was not seen during plant surveys, and areas that were not accessible due to rough terrain were accessed through binoculars, therefore, no impact is anticipated. (Ibid.) 9 Robinson's pepper -grass (Lepidium virzinicum var. robinsonii). A CNPS 113.2 listed plant, Robinson's pepper -grass is found in chaparral, coastal sage scrub up to 3,100 feet amsl. (Ibid.) The plant was not seen during plant surveys, and areas that were not accessible due to rough terrain were accessed through binoculars, therefore, no impact is anticipated. (Ibid.) Special Status Wildlife --Reptiles Belding's orange -throated whiptail (Aspidoscelis hyperythra beldingi) is a CSC species. (EIR 4.3-26.) This species has a moderate potential to occur in the sandy areas or openings in the chaparral, coastal sage scrub, and mule fat scrub habitats. (Ibid.) It was not observed during the surveys. (Ibid.) Less than significant impact is expected with establishment of preserved lands and implementation of the revegetation plan, which will restore vegetation and habitat. (Ibid.) San Diego coast horned lizard (Phrvnosoma coronatum blainvillei) is a CSC species. (Ibid.) The chaparral habitat present on the Project Site is unlikely to provide suitable habitat, therefore this species only has a moderate potential for occurrence. (Ibid.) Less than significant impact is expected with establishment of preserved lands and implementation of the revegetation plan, which will restore vegetation and habitat. (Ibid.) --Birds Southern California rufous -crowned sparrow (Aimophils ruftceps canescens) is a CSC species. (EIR 4.3-27.) This species was observed in the coastal sage scrub habitat at several locations in the east side reclamation area and canyon bottom. (Ibid.) This species likely moves around and utilizes the vegetation on the rocky slopes. (Ibid.) Less than significant impact is expected with establishment of preserved lands and implementation of the revegetation plan, which will restore vegetation and habitat. (Ibid.) Black swift (Cypseloides niter) is a CSC species and has a low potential to occur due to the fact that wet cliffs are not present within the boundaries of the Project Site, therefore no impact is anticipated. (Ibid.) Osprey (Pandion haliaetus) is a CSC species when nesting only. (Ibid.) This species occurs near open water and almost exclusively feeds on fish. Small rodents, birds, crustaceans, and other small vertebrates may also be prey items. (EIR 4.3-28.) Ospreys nest directly adjacent to or above open water in dead snags, live trees, utility poles, channel buoys, etc. (Ibid.) This species is migratory throughout the interior of southern California and is a permanent resident along the coast; it has been observed flying over the Project Site, however there is no suitable nesting habitat known on the Project Site. (Ibid.) No impact is expected. (Ibid.) --Mammals Pallid bat (Antrozous pallidus) is listed as a CSC species. (EIR 4.3-29.) The pallid bat roosts in dry, open habitats. (Ibid.) It occurs in desert, grasslands, shrublands, woodlands, and forests with close proximity to water and rocky outcrops. (Ibid.) This species has a moderate potential to occur on the Project Site. (Ibid.) Less than significant impact is expected with establishment of preserved lands, abundant surrounding open lands for the species to forage, roost and disperse, and implementation of the Proposed Project's reclamation plan. (Ibid.) 10 Western mastiff bat (Eumops perotis call ornicus) is a CSC species. (Ibid.) This species has a high potential to occur due to the presence of suitable rocky outcrops. (Ibid.) Less than significant impact is expected with establishment of preserved lands, abundant surrounding open lands for the species to forage, roost and disperse, and implementation of the Proposed Project's reclamation plan. (Ibid.) San Diego black -tailed jackrabbit (Lepus californicus bennettii) is a CSC species. (Ibid.) This species has a moderate potential for occurrence due to the presence of potentially suitable habitat on the Project Site in the coastal sage scrub communities. (Ibid.) Less than significant impact is expected with establishment of preserved lands, abundant surrounding open lands for the species to forage, roost and disperse, and implementation of the Proposed Project's reclamation plan. (Ibid.) Yuma myotis (Myotis vumanensis) is a CSC species. (Ibid.) This species has a moderate potential to occur due to the presence of suitable rocky outcrops. (Ibid.) Less than significant impact is expected with establishment of preserved lands, abundant surrounding open lands for the species to forage, roost and disperse, and implementation of the Proposed Project's reclamation plan. (Ibid.) Big free -tailed bat (Nvctinomops macrotis) is a CSC species. (Ibid.) This species was documented approximately 5 km (3 mi) southeast of the Project Site (CNDDB 2008), but due to the lack of suitable roosting habitat, this species has a moderate potential for occurrence on the Project Site. (EIR 4.3-30.) Less than significant impact is expected with establishment of preserved lands, abundant surrounding open lands for the species to forage, roost and disperse, and implementation of the Proposed Project's reclamation plan. (Ibid.) American badger (Taxidea taxus) is a CSC species. (Ibid.) Due to the lack of suitable habitat on the Project Site, the American badger has a low potential to occur. Less than significant impact is expected with establishment of preserved lands, abundant surrounding open lands for the species to disperse, and implementation of the Proposed Project's reclamation plan. (Ibid.) Indirect and Off -Site Effects --Runofffrom Siltation and Pollutants An increase in either siltation or pollutant content in Fish Creek could adversely affect aquatic or riparian species on the Project Site and downstream in the San Gabriel River including state or federally listed threatened or endangered species. (EIR 4.3-31.) The Proposed Project could cause sediment or pollutant increases by increasing water erosion from runoff from the mining and reclamation slopes, along access roads, or by spilling toxic materials (e.g., fuels, lubricants, or solvents) that might eventually migrate through the soil or groundwater into the river. (Ibid.) The Proposed Project is subject to water quality standards that regulate erosion and hazardous materials handling. (Ibid.) The Project Site currently operates under a National Pollution Discharge Elimination System ("NPDES") permit issued by the Los Angeles Regional Water Quality Control Board and is compliant with applicable water quality standards and discharge requirements. (Ibid.) The control of pollutants associated with the quarry and processing activities that may affect the 11 quality of storm water discharges is identified in the Project Site's Storm Water Pollution Prevention Plan ("SWPPP"). (Ibid.) The Azusa Rock Quarry SWPPP contains site-specific Best Management Practices (BMPs) that are implemented to minimize storm water impac% to water quality. (Ibid.) The SWPPP requires regular monitoring, inspections, and record keeping evaluating the effectiveness of BMPs and the need for updating the. SWPPP. (Ibid.) The Project Site also operates under a Hazardous Materials Business Plan, which contains basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of on-site. (Ibid.) A Spill Prevention Control and Countermeasures Plan is in place to address potential spills of certain hazardous materials and includes spill response instructions. (Ibid.) The water runoff from the final mine configuration of the Proposed Project could substantially degrade water quality if bare or unvegetated slopes were a source of abnormal erosion and sediment discharge. (Ibid.) To mitigate the potentially adverse effects of abnormal erosion of bare slopes, the Proposed Project design features include enlarging the on-site storm water detention basin to handle increased flows as determined by hydrology studies, direct drainage from planned mining and reclamation areas into the storm water detention basin, and micro -benching and revegetation to prevent the adverse effects of bare soil on surface water runoff. (Ibid.) After reclamation of the slopes and the backfilling of the detention basins, water runoff from the revegetated open space will be allowed to flow directly into Fish Creek. (Ibid.) Water runoff from the revegetated, open space site will not differ appreciably from existing runoff from the adjacent open space, and thus will not degrade water quality or impact any biological resources.-(Ibid.) Compliance with existing rules and regulations, the Project Design Features and Mitigation Measure HWQ-1, below, would ensure that potential impacts to water quality and biological resources from storm water runoff and the use of hazardous materials to Fish Creek and the San Gabriel River would be less than significant. (Ibid.) No additional mitigation measures are required. (Ibid.) --Reduction in Runoff into Van Tassel Creek Approximately 55 acres of the West Side of the Project Site currently drain westward either as sheet flow or into Drainage 1 which in tum flows west off-site and into Van Tassel Creek approximately 500 feet west of the Project Site. (EIR 4.3-32.) Van Tassel Creek flows south into disturbed areas about 500 feet south as it flows through horse stables and then is channelized before reaching the San Gabriel River about 3,500 feet southeast. (Ibid.) Of the on-site approximate 55 acres of the drainage, approximately 45 acres will be impacted by mining effectively changing its runoff to the east towards Fish Creek. (Ibid.) This area represents approximately 4.5 percent of the estimated 1,010 -acre Van Tassel Creek watershed (ECORP 2009). (Ibid.) Running water was observed off-site within Van Tassel Creek west of the Project Site boundary approximately 300 feet upstream of the confluence of the drainage from the Project Site. (Ibid.) At the confluence of the drainage from the Project Site with Van Tassel Creek, no surface water or riparian vegetation was observed. (Ibid.) In terms of habitat, Van Tassel Creek is best described as canyon bottom, with the dominant species observed wild grape (Vitis girdiana). (Ibid.) 12 There were no tributaries to Van Tassel Creek between the flowing water area and the drainage off of the Project Site to contribute flow therefore the water present in the creek was likely from a spring or ground water seep. (Ibid.) No surface flow was observed from the on- site drainage, which confirms the original profile for the drainage as ephemeral. (Ibid.) When it rains, overland runoff concentrates in the drainage and produces a stream where one would not otherwise exist. (Ibid.) Based on this field review, the potential for Van Tassel Creek to experience downstream or upstream watershed impacts from the loss of the ephemeral drainage from the Project' Site is minimal. (Ibid.) Biological resources on Van Tassel Creek should not be significantly impacted by the Proposed Project. (Ibid.) Impact to the San Gabriel River Potential impacts of storm water or on-site pollution to the water quality and possibly biological resources within the San Gabriel River are discussed above. (See also EIR 4.3-33.) Impacts were determined to be less than significant with compliance with existing rules and regulations and implementation of Project design Features and Mitigation Measure HWQ-1. (Ibid.) 2. Impact: The Proposed Project will not have a substantial adverse effect on any sensitive natural community identified in local or regional plans, policies, or regulations by the California Department of Fish and Game or U.S. Fish and Wildlife Service. (EIR 4.3-35 — 39.) Supporting Explanation: The Project Site includes coastal sage scrub and other native plant communities. (Ibid.)_The Project Site is split into three distinct areas as described below. (EIR 4.3-35.) (1) East Side Reclamation Reclamation of the East Side will commence immediately upon approval of the Proposed Project and should be completed in approximately seven years. (Ibid.) Reclamation will include the terraced benches (the "Mayan Steps") located at the southern portion of the East Side and the previously mined slope and the habitat areas located around the north and east sides of the disturbed slope. (Ibid.) The reclamation activities will primarily include approximately 21.5 acres of barren slopes and remove approximately 5 acres of coastal sage scrub, 1.6 acres of disturbed coastal sage scrub, and 4.3 acres of revegetated coastal sage scrub to facilitate the micro -benching (see Table 4.3-5). (EIR 4.3-36.) After the reclamation is completed, the micro -benches will be replanted with a native seed mix collected on and off-site and commercially purchased mix that includes plant species from both the coastal sage scrub and chaparral communities. (Ibid.) The proposed reclamation should result in a gain of approximately 22 acres of native plant communities because the disturbed areas and the ornamental plantings will be revegetated with native plant species. (Ibid.) A total of approximately 58 acres of native vegetation will be preserved within the East Side including approximately 26 acres of coastal sage scrub, approximately 10 acres of disturbed or revegetated coastal sage scrub, and approximately 21 acres of chaparral. (Ibid.) 13 (2) West Side Mining and Reclamation The West Side is dominated by actively and previously mined slopes (approximately 47 acres), undisturbed chaparral (approximately 86 acres), and approximately 11 acres of existing and revegetated coastal sage scrub. (EIR 4.3-37.) The coastal sage scrub is found mainly in the south portion of the existing mining area. (Ibid.) Approximately 2.3 acres of DFG jurisdiction riparian areas are included within the northern mixed chaparral. (Ibid.) The mining and reclamation activities of the Proposed Project will occur on approximately 47 acres of barren slopes and disturbed vegetation and remove approximately 74 acres of chaparral, 8 acres of coastal sage scrub, and 3 acres of revegetated coastal sage scrub. (Ibid.) Reclamation will be conducted immediately following completion of each mining phase on the West Side working from the top down to the quarry floor. (Ibid.) After the reclamation is completed, the micro -benches will be replanted with a seed mix that includes plant species from both the coastal sage scrub and chaparral communities. (Ibid.) Restoring the West Side with micro -benches will be more favorable for successful revegetation to native plant communities. (Ibid.) The removal of native vegetation followed by reclamation and revegetation is considered a less than significant impact with implementation of the Reclamation Plan. (Ibid.) (3) Canyon Bottom and Fish Creek The Canyon Bottom is dominated by approximately 22 acres of disturbed areas from current mining and processing and approximately 13 acres of existing and restored channel and riparian areas along Fish Creek. (EIR 4.3-38.) The reclamation activities in the Canyon Bottom will primarily involve the final grading of the disturbed areas and replanting with a seed mix that includes plant species from both the coastal sage scrub and chaparral communities. (Ibid.) Following the completion of the reclamation activities, the Canyon Bottom area will be returned to native habitats and is expected to enhance the wildlife movement corridor. (Ibid.) The Reclamation Plan should result in a gain of approximately 22 acres of native plant communities because the disturbed areas will be revegetated with native plant species. (Ibid.) This is considered a beneficial impact to native vegetation communities. (Ibid.) A total of approximately 84 acres of native vegetation will be preserved including approximately 28 acres of coastal sage scrub, 17 acres of disturbed or revegetated coastal sage scrub, 33 acres of chaparral, and 7 acres of riparian, streambed and mule fat scrub in and along Fish Creek. (EIR 4.3-39.) The impacted mining areas consisting of approximately 189 acres will be reclaimed and revegetated. (Ibid.) Impacts to vegetation are considered less than significant with implementation of the Reclamation and Revegetation Plans. (Ibid.) 3. Impact: The Proposed Project would not 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, costal, etc.) through direct removal, filling, hydrological interruption, or other means. (EIR 4.3-39.) Therefore, no impacts will result. (Ibid.) 14 Supporting Explanation: A jurisdictional delineation was conducted for Fish Creek in September 2008 and for the West Side 80 acres in 2006. (Ibid.) No wetlands were found within the Project Site and no impacts to wetlands are anticipated. (Ibid.) 4. Impact: The Proposed Project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan. (EIR 4.3-41.) No impact will result. (Ibid.) Supporting Explanation: The County of Los Angeles has designated sixty-two sites as Significant Ecological Areas (SEAs), but the Project Site does not fall within any of them. (Ibid.) No other Habitat Conservation Plan; Natural Community Conservation Plan, Habitat Conservation Plan, or state habitat conservation plan has been adopted for the project area. (Ibid.) No impact is expected. (Ibid.) D. GEOLOGY AND SOILS 1. Impact. The Proposed Project would not be located on expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), and therefore would not create substantial risks to life or property. (EIR 4.5-10.) Supporting Explanation: The Project Site is not located on expansive soils as defined by California Building Code, and no permanent structures will be left on the Project Site when reclamation is complete. Accordingly, no substantial risk to life or property related to expansive soil would be created by the Proposed Project. (EIR 4.5-10.) 2. Impact: The Proposed Project site would have soils capable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water. (EIR 4.5-10.) No impacts would result. (Ibid.) Supporting Explanation: The Project Site has a septic tank for domestic wastewater generated from the on-site office. (EIR 4.5-10.) The system operates adequately and there are no constraints from on-site septic. (Ibid.) The Project Site will be left as open space without any sewage or water facilities at the completion of reclamation. (Ibid.) No impacts would result. (Ibid.) 3. Impact: The Proposed Project would not result in substantial soil erosion or the loss of topsoil. Therefore, impacts would be less than significant. (EIR 4.5-17.) Supporting Explanation: The Project Site is primarily composed of rock with steep topography and thin soil. (EIR 4.5-17.) The present near -surface rocks are frequently highly weathered, but at the depths of final excavation they will predominately be hard and unweathered. These types of materials are generally not susceptible to erosion; therefore, erosion may decrease as a result of this project. (EIR 4.5-18.) The Proposed Project will result in the creation of slopes similar to or at shallower slope gradients than the overall grades of the adjacent natural slopes, but the reclaimed slopes will be graded into micro -benches of approximately 18 to 24 inches height and width. Unvegetated slopes may be a source of erosion that could cause adverse effects. To mitigate the potentially adverse effects of erosion, the Revised CUP and Reclamation Plan includes proposed hydroseeding of the micro -benched hillsides with a mix of native species. If revegetation is adequate, the vegetation will decrease the 15 potential for erosion relative to bare surfaces. Additionally, the locally flat surfaces created by this technique will act to decrease erosion as a soil layer is developed by the introduced vegetation. The Revised CUP and Reclamation Plan is not expected to result in substantial erosion or loss of topsoil as it includes proposed hydroseeding of the microbenched hillsides with a mix of native species. With this condition of approval, impacts will be less than significant and no mitigation measures are required. 4. Impact: The Proposed Project would not be located on a geological 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. Supporting Explanation: The potential for landsliding and seismically -induced landsliding is previously addressed. The geologic units on the Project Site are not susceptible to consolidation, collapse, or subsidence due to groundwater withdraw]. Liquefaction and/or lateral spreading may be a potential hazard within the unconsolidated alluvium of Fish Creek; however these potential impacts and mitigation measures are addressed in GS -1. E. HAZARDS AND HAZARDOUS MATERIALS 1. Fact: The Proposed Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 miles of an existing or proposed school. (EIR 4.6-5.) Supporting Explanation: No schools exist within the project area. (Ibid.) No impacts would occur. (Ibid.) 2. Impact: The Proposed Project would not be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code § 65962.5 and, therefore, would not create a significant hazard to the public or environment. (EIR 4.6-5.) Supporting Explanation: A search of available environmental records was conducted for the Project Site. (Ibid.) According to the report, the Project Site was not listed in any of the databases for hazardous sites searched. (Ibid.) Therefore, no impact is expected. (Ibid.) 3. Impact: The Proposed Project is not located within an airport land use plan or within two miles of a public airport or public use airport and, therefore, would not result in a safety hazard for people residing or working in the project area. (EIR 4.6-5.) Supporting Explanation: The Project Site is not located within an airport land use plan or within two miles of a public airport or public use airport. (Ibid.) The nearest airport to the Project Site is the El Monte Airport located at 4233 Santa Anita Avenue approximately eight miles to the southwest. (Ibid.) The Proposed Project would not result in an airport safety hazard for people residing or working in the project area. (Ibid.) No impacts would result.(Ibid.) 4. Impact: The Proposed Project is not within the vicinity of a private airstrip, and therefore would not result in a safety hazard for people residing or working in the project area. (EIR 4.6-5.) 16 Supporting Explanation: As the Project Site is not located within the vicinity of a private airstrip, no impacts would result for people residing or working in the project area. (Ibid.) 5. Impact: The Proposed Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous material.. (EIR 4.6-5 — 7.) Impacts would be less than significant. (Ibid.) Supportinu Explanation: The County of Los Angeles Fire Department, Hazardous Materials Management Division ("HMMD") is the Certified Unified Program Agency (CUPA) for the City of Azusa responsible for regulating hazardous materials business plans and chemical inventory, hazardous waste and tiered permitting, underground, storage tanks, and risk management plans. (EIR 4.6-6.) Hazardous materials associated with the Proposed Project include oil (new and used), diesel fuel, antifreeze, solvents, and other liquids commonly found in the use or repair/service of motorized vehicles. (Ibid.) The Project Applicant would be required to prepare, submit, implement, and update the following: (which includes employee training, record keeping, preventive maintenance and BMPs): • Hazardous Materials Business Plan; • Hazardous materials inventory; • Spill Prevention, Control and Countermeasure Plan (SPCCP); • Stormwater Pollution Prevention Plans (SWPPP); and a • Water Quality Management Plan (WQMP). (Ibid.) Blasting and Explosives. Blasting procedures implemented at the Project Site, including the transportation, handling, storage, and use of explosives are included in the "Surface Drilling and Blasting Standards," by Vulcan Construction Materials, LP. (Ibid.) In compliance with County regulations, blasting shall only be conducted by a licensed blaster upon issuance of a blasting permit. (Ibid.) The County Fire and Sheriff's Departments must issue a site specific blasting permit. (Ibid.) According to Title 30 Code of Federal Regulation (CFR) § 57.6100 1, detonators shall not be stored in the same magazine with other explosive material. (Ibid.) According to Title 30 CFR § 57.61012, areas surrounding storage facilities for explosive material shall be clear of rubbish, brush, dry grass, and trees for 25 feet in all directions, except that live trees 10 feet or taller need not be removed. (Ibid.) Other combustibles shall not be stored or allowed to accumulate within 50 feet of explosive material. (Ibid.) Combustible liquids shall be stored in a manner that ensures drainage will occur away from the explosive material storage facility in case of tank rupture. (Ibid.) Fuel Transportation, Storage, and Dispensing. The normal amount of diesel required for the existing operations at the Project Site, for all mobile equipment is estimated at 290,000 gallons per year. (EIR 4.6-7.) The diesel fuel is stored in a 10,000 -gallon on-site above ground fuel tank. (Ibid.) Diesel fuel is transferred to the site by tanker trucks from approved distributors. BMPs for storage and fueling and a Spill Prevention, Control and Countermeasure Plan (SPCCP) are implemented. (Ibid.) 17 Typical fuels, materials and oils used for the Proposed Project would include a variety of lubricants, gear oil, diesel, and gasoline greases. (Ibid.) The Proposed Project would typically generate the following hazardous wastes: used oil and used antifreeze. (Ibid.) Non -hazardous wastes would typically include: soil and petroleum products (from small spills); grease, and used adsorbent; and universal wastes (fluorescent lamps, batteries, aerosols). (Ibid.) The used materials are currently stored in steel drums in containments per required regulations and are picked up by registered hazardous waste transporters regulated by the California Department of Toxic Substances Control for recycling. (Ibid.) VMC maintains a business contingency plan that includes an inventory of hazardous materials. (Ibid.) To manage hazardous materials, applicable portions of the Los Angeles County Hazardous Waste Management Plan (HWMP) will be implemented. (Ibid.) Since these regulations are designed to ensure safety, compliance with existing rules and regulations would ensure that potential impacts from the storage, use, or transportation of hazardous materials and wastes and explosives including recycled asphalt and concrete associated with the Proposed Project would be less than significant. (Ibid.) 6. Impact: The Proposed Project would not create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Impacts would be less than significant. (EIR 4.6-7.) Supporting Explanation: No impacts to the public or the environment resulting from the Proposed Project through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment is anticipated. (Ibid.) 7. Impact: The Proposed Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impacts are anticipated. (EIR 4.6-8.) Supporting Explanation: The Project Site is located in the northern portion of the City of Azusa and is not identified as being within an emergency response plan or emergency evacuation plan. (Ibid.) No impacts are anticipated. (Ibid.) 8. Impact: The Proposed Project would not 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. (Ibid.) Impacts would be less than significant. (Ibid.) Supporting Explanation: The'Project Site is located directly adjacent to the Angeles National Forest region known as The Front Country. (Ibid.) This region encompasses the southern edge of the Angeles National Forest from the Santa Clarita area to the Riverside/San Bernardino region. (Ibid.) The County of Los Angeles Fire Department identifies that the Project Site is located within a "High Fire Area" and subject to regulations relating to fuel modification plans for any structures over 120 square feet. Proposed Project structures that are larger than 120 square feet would require a minimum 200 foot fire clearance area. (Ibid.) As the Proposed Project does not include any structures within 200 feet of the National Forest, there would be no impact. (Ibid.) 18 9. Impact: The Proposed Project would not result in significant adverse safety issues. (EIR 4.5-8.) Supporting Explanation: The Fish Canyon Trail can be accessed from Encanto Parkway/Fish Canyon Road through the Project Site entrance gates and past the on-site office. (Ibid.) Pedestrians walking through the Project Site on their way to the Fish Canyon Trail could conflict with heavy equipment use and thereby expose themselves to hazardous conditions and a potentially significant adverse safety issue. (Ibid.) Access to the Fish Canyon Trail has been provided by VMC employee escort in the past and currently is provided on request. (Ibid.) Escorts will continue as requested and/or necessary. (Ibid.) Hikers wishing to access the trail through the Project Site are escorted via a van from the mine entrance/office site to the trailhead located at the entrance to Fish Canyon. (Ibid.) Azusa Rock Quarry personnel request that at least one hiker carry a wireless telephone (cell -phone) and call the office upon returning to the trailhead. (Ibid.) Alternatively if none of the hikers possess a cell phone, Azusa Rock Quarry personnel provide a hand-held radio that can be used to request an escort from the trailhead back to the parking area, thereby avoiding potential adverse safety issues. (Ibid.) F. IIYDROLOGY AND WATER QUALITY 1. Impact: The Proposed Project would not 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. (EIR 4.7-10.) No impacts would occur. (Ibid.) Supporting Evidence: According to EIR Figure GEO-3 of the Azusa General Plan "Flood Plain Boundary Map", the Project Site is not located in either the 100 -Year or 500 - Year flood zone. (Ibid.) Runoff rates would change due to the proposed use, however off-site impacts are minimal. (Ibid.) Housing or other occupied structures are not part of the Proposed Project, thus no impacts will occur. (Ibid.) 2. Impact: During project construction, the Proposed Project will not create or contribute to runoff water that would violate any water quality standards or waste discharge requirements, including the terms of the City's municipal separate stormwater sewer system permit. (EIR 4.7-10.) Impacts would be less than significant. (Ibid.) _ Supporting Explanation: The Project Site mine currently operates under a National Pollutant Discharge Elimination System ("NPDES") permit issued by the Los Angeles Regional Water Quality Control Board ("LARWQCB") and is compliant with applicable water quality standards and discharge requirements. (Ibid.) Currently all storm water is detained on- site, however, the NPDES permit allows for discharge if the quality of the water to be discharged is equal to or better than the water quality of Fish Creek as measured by a suite of parameters including sediment load. (Ibid.) Water runoff from the mined slopes prior to reclamation will continue to be detained in on-site basins. (Ibid.) Continued compliance with the NPDES permit issued by the LARWQCB will insure the Proposed Project will not create or contribute runoff water that would violate any water quality standards or waste discharge requirements. (EIR 4.7-11.) Therefore, potential impacts would be less than significant. (Ibid.) 19 3. , Impact: After it is completed, the Proposed Project will not create or contribute to runoff water that would violate any water quality standards or waste discharge requirements, including the terms of the City's municipal separate stormwater sewer system permit. (EIR 4.7- 10.) Impacts would be less than significant. (Ibid.) Supporting Explanation: Runoff from the Project Site could substantially degrade water quality if bare or unvegetated slopes were a source of abnormal erosion and sediment discharge. (Ibid.) To mitigate the potentially adverse effects of abnormal erosion of bare slopes, the Proposed Project design includes microbenching and revegetation by hydroseeding to prevent the adverse effects of bare soil on surface water runoff. (Ibid.) Water runoff from the revegetated, open space site will not differ appreciably from existing runoff from the open space adjacent to the Project Site, and thus will not degrade water quality or violate water quality standards. (Ibid.) A Storm Water Pollution Prevention Plan (SWPPP) was developed for the Project Site and was most recently updated in February 2005. (Ibid.) Accordingly, storm water discharges to any surface or groundwater shall not' cause or contribute to exceeding any applicable water. quality objectives or standards contained in a Statewide Water Quality Control Plan, the California Toxics Rule, or the applicable RWQCB's basin plan. (Ibid.) Approval of the SWPPP by the RWQCB will result in implementation of Best Management Practices (BMPs) that will control pollutants in stormwater discharges from the Project Site. (Ibid.) The SWPPP will likely require modification as the project progresses and as conditions warrant to remain consistent with changes in other site plans that effect soil disturbing activities, site drainage patterns or any other activity that may impact storm water runoff quality. (Ibid.) Therefore, potential impacts would be less than significant. (Ibid.) 4. Impact: The Proposed Project would not provide substantial additional sources of polluted runoff from delivery areas; loading docks; other areas where materials are stored, vehicles or equipment are fueled or maintained, waste is handled, or hazardous materials are handled or delivered; other outdoor work areas; or other sources. (EIR 4.7-12.) Therefore, impacts would be less than significant. (Ibid.) Supporting Explanation: All Project Site runoff is currently contained in an on- site settling basin and isolated from Fish Creek. (Ibid.) This drainage system will continue throughout the period of active mining and reclamation; thus, Project Site conditions during active mining and reclamation do not have the potential to cause or contribute to erosion or siltation, or to off-site flooding. (Ibid.) The Project Site operates under a Hazardous Materials Business Plan, which contains basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of on-site. (Ibid.) A Spill Prevention Control and Countermeasures Plan is in place as well to address potential spills of certain hazardous materials and includes spill response instructions. (Ibid.) Under normal circumstances, no water from the mining areas enters Fish Creek. (Ibid.) The storm water flow paths from the material storage, loading and unloading, office area, and diesel and waste oil storage areas are directed to the settling basin currently located in the south central area of the Project Site. (Ibid.) The detained water in the basin either evaporates or infiltrates into the underlying aquifer. (Ibid.) The General Permit requires a list of the significant materials and primary materials handled and stored on-site that could be potential 20 sources of pollution. (Ibid.) Source areas include 1) material loading and unloading near the conveyor belt and raw material storage locations, 2) office and parking area, 3) diesel and waste oil storage (currently unused), and 4) active mining areas. (Ibid.) These areas would be relocated to the West Side quarry area and addressed under the new SWPPP developed for the Proposed Project. (Ibid.) Potential contaminants from these areas include suspended solids (from sediments) petroleum hydrocarbons No new areas that could present a source of pollution would be developed. (Ibid.) Compliance with regulatory agency permitting requirements including NDPES, SWPPP, and Hazardous Materials Business Plan will reduce potential impacts associated with runoff from delivery areas; loading docks; other areas where materials are stored, vehicles or equipment are fueled or maintained, waste is handled, or hazardous materials are handled or delivered thereby reducing this potentially significant impact to less than significant. (Ibid.) 5. Impact: The Proposed Project would not discharge stormwater so that one or more beneficial uses of receiving waters or areas that provide water quality benefit are impaired? Beneficial uses include commercial and sportfishing; shellfish harvesting; provision of freshwater, estuarine, wetland, marine, wildlife or biological habitat; water contact or non - contact recreation; municipal and domestic supply; agricultural supply; and groundwater recharge.(EIR 4.7-13.) Impacts would be less than significant. (Ibid.) Supnortine Explanation: The LARWQCB adopted the Water Quality Control Plan for its region in 1994. (Ibid.) The Plan, referred to as the "Basin Plan", is currently under review for updated Water Quality Objectives. (Ibid.) Beneficial uses form the cornerstone of water quality protection under the Basin Plan. Beneficial uses are designated for water bodies and subsequently water quality objectives are established to ensure protection of the beneficial uses. (Ibid.) The reach of the San Gabriel River that drains the area of the project site is the East Fork San Gabriel River. (Ibid.) Tributary to the East Fork is Fish Fork. (Ibid.) Existing beneficial uses include municipal and domestic supply, ground water recharge, water contact recreation, non - contact water recreation, warm freshwater habitat, cold freshwater habitat, wildlife habitat, rare, threatened, or endangered species, migration of aquatic organisms and wetland habitat. (Ibid.) The Project Site is also tributary to and overlies the Main San Gabriel Valley Groundwater Basin. (Ibid.) Volatile organic compounds from industry, and nitrates from subsurface sewage disposal and past agricultural activities, are the primary pollutants in much of the groundwater throughout this basin. (Ibid.) The basin does not have continuous effective confining layers above groundwater and as a result pollutants have seeped through the upper sediments into the groundwater. (Ibid.) Approximately 20 percent of groundwater production capacity for municipal use in the San Gabriel Valley has been shut down due to this pollution (Ibid.). State Board Resolution 88-63 and Regional Board Resolution No. 89-03 states that "All surface and ground waters of the State are considered to be suitable, or potentially suitable, for municipal or domestic water supply and should be so designated by the Regional Boards...". (Ibid.) 21 Spreading basins located to the east and downstream of the site are. operated by the Los Angeles County Flood Control District and primarily serve for storm water detention during storm events. (EIR 4.7-15.) No beneficial uses of receding waters would be impacted as the on- site detention basins are designed so that no stormwater would be discharged from the site. (Ibid.) Therefore, potential impacts would be less than significant. (Ibid.) 6. Impact: The Proposed Project would not discharge stormwater so that significant harm is caused to the biological integrity of waterways or water bodies. (EIR 4.7-15.) Impacts would be less than significant. (Ibid.) Supporting Explanation: The quarry currently operates under a NPDES permit issued by the LARWQCB and is compliant with applicable water quality standards and discharge requirements. (Ibid.) All storm water is detained on-site, however, the NPDES permit allows for discharge if the quality of the water to be discharged is equal to or better than the water quality of Fish Creek as measured by a suite of parameters including sediment load. (Ibid.) Water runoff from the mined slopes prior to reclamation will continue to be detained in on-site basins. (Ibid.) No storm water detention capacity is necessary after site reclamation is complete because site storm water will be of similar quality to storm water from adjacent natural catchments and will flow directly into Fish Creek. (Ibid.) The water runoff from the final mine configuration could substantially degrade water quality if bare or unvegetated slopes were a source of abnormal erosion and sediment discharge. (Ibid.) To mitigate the potentially adverse effects of abnormal erosion of bare slopes, the Proposed Project includes microbenching and a plan to revegetate by hydroseeding to prevent the adverse effects of bare soil on surface water runoff. (Ibid.) After reclamation, water runoff will be allowed to flow directly into Fish Creek. (Ibid.) Because the Project Site will be left as undeveloped open space when mining and reclamation are complete, many of the potential impacts outlined in the CEQA significance criteria are avoided. (Ibid.) The control of pollutants associated with the quarry activities that may affect the quality of storm water discharges and thereby beneficial uses of surface or ground waters, is identified in the site's SWPPP prepared to meet the General Permit requirements. (EIR 4.7-16.) (Ibid.) The Project Site also operates under a Hazardous Materials Business Plan, which contains basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of on-site. (Ibid.) A Spill Prevention Control and Countermeasures Plan ("SPCCP") is in place to address potential spills of certain hazardous materials and includes spill response instructions. (Ibid.) Upon development and approval of a SWPPP and Hazardous Waste Business Plan for the Proposed Project operations and reclamation, potential to the biological integrity of waterways would be less than significant. (Ibid.) 7. Fact: The Proposed Project would not violate any water quality standards or waste discharge requirements. (EIR 4.7-16.) Impacts would be less than significant. (Ibid.) Supporting Explanation: The quarry currently operates under a NPDES permit issued by the LARWQCB and is compliant with applicable water quality standards and discharge requirement. (Ibid.) Impacts regarding violation of water quality standards would be less than significant. (Ibid.) 22 8. Impact: The Proposed Project would not 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). (EIR 4.7-16.) Therefore, impacts would be less than significant. (Ibid.) Supporting Explanation: The groundwater elevation at the site is estimated to be greater than 700 feet amsl. (Ibid.) The aquifer material below the site is hard rock and groundwater is likely present in the open fractures of the rock. (Ibid.) Groundwater is not used during mining operations. (Ibid.) Use of the on-site settling basin to detain storm water may act to replenish the groundwater table via percolation. (Ibid.) After mining is completed under the Proposed Project, the Project Site will be revegetated and left as open space. (EIR 4.7-17.) No groundwater will be used after reclamation is completed; therefore, neither the groundwater supply, volume, or level will be depleted or lowered as a result of the project. (Ibid.) During Project operations, water usage would increase from the baseline of 26.14 acre- feet per year to as much as 170 acre-feet per year. This is well within the Applicant's adjudicated groundwater right, which is based on the Safe Yield of the groundwater basin. Furthermore, any overproduction is subject to the payment of replenishment fees to ensure that basin stability is ensured. (DEIR, p. 4.7-17.) Therefore, potential impacts would be less than significant. (Ibid.) . 9. Impact: The Proposed Project would not significantly increase erosion, either on or off-site. (EIR 4.7-18.) Supporting Explanation: The Proposed Project includes disturbance of approximately 150 acres on the west side of Fish Creek and approximately 40 acres on the quarry wall east of Fish Creek. (EIR 4.7-19.) In the pre -mining setting approximately 110 acres on the West Side drain into Fish Creek in addition to 40 acres on the East Side. (Ibid.) Peak runoff rate is the highest expected runoff flow from a drainage area, and it varies based on time of concentration ("TC"), rainfall intensity, and rainfall duration. (Ibid.) The surface water flow calculations for the modeled scenarios were based on the rainfall intensity and duration of the Los Angeles County Department of Public Works ("LACDPW") Capital Flood. (Ibid.) The Capital Flood is runoff from a 50 -year frequency, 24-hour design storm falling on a saturated watershed. The Capital Flood design storm occurs over a period of four days, with the maximum rainfall falling on the fourth day. From the 2006 LACDPW hydrologic map for Azusa, the 50 -year isohyet (maximum 24-hour rainfall) for the Project Site ranges from 8.4 up to 8.8 inches. (Ibid.) The Surface Mining and Reclamation Act ("SMARA") requires that erosion control methods shall be designed to handle runoff from not less than the 20-year/l-hour intensity storm event. (Ibid.) The LACDPW Capital Flood produces peak flows greater than the 20-year/1-hour intensity storm. (Ibid.) The relationship between the pre -mining and the post - reclamation scenarios observed in these analyses should hold true of lower frequency or intensity design storms (such as the 20-year/1-hour event) as well.(Ibid.) In the post -reclamation scenario, the drainage area of the West Side of the site increased significantly (40 acres), and the slopes on both the western and eastern quarry faces became 23 significantly steeper relative to the pre -mining topography. (EIR 4.7-20.) In general, changes such as these tend to increase peak flows due to a larger volume of storm water collected over a greater area and shortened TC due to steeper slopes providing less flow averaging. (Ibid.) However, in this case the total peak flow modeled leaving the Project Site (Outlet Total) was decreased for the mining scenario after the changes noted above. (Ibid. Peak runoff flows for individual subareas in the western portion of the site (North, South) did increase over the natural conditions; however, the peak runoff flow rate leaving the West Side (Totao was actually lower in the Proposed Project scenario, creating a much lower overall Project Site storm runoff contribution to peak flows. (EIR 4.7-21.) The final reclaimed topography of the Proposed Project includes a 27 -acre flat area on the western quarry floor (Central); all storm drainage from the West Side of the site is channeled onto this flat, which acts to slow flows considerably. (Ibid.) Peak runoff from the eastern quarry face where TC is shorter, is allowed to pass before the larger western flows reach Fish Creek via the flat quarry floor, thus lowering the total peak runoff flows in Fish Creek compared to the natural setting, despite the increased post -mining and reclamation drainage area. (Ibid.) The peak flows from the East Side were not significantly different between the natural topography and the mining scenarios. (Ibid.) Runoff will reach Fish Creek from the West Side quarry either by flooding across the relatively flat quarry floor or by eventually carving itself a stream bed (or beds). (Ibid.) No on-site structures will be present post -reclamation, so there are no adverse impacts of on-site flooding. (Ibid.) As the flat area acts to decrease peak flows from the Project Site, the potential for downstream off-site flooding is reduced. (Ibid.) Therefore potential impacts associated with increased erosion either on- or off-site are not considered significant. (Ibid.) 10. Impact: The Proposed Project would not 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. (EIR 4.7-21.) Impacts would be less than significant. (Ibid.) Supporting Explanation: The Proposed Project is not expected to result in substantial erosion or siltation on- or off-site, and the runoff water from the reclaimed site is not expected to carry a silt load higher than the natural drainage in the surrounding area. (Ibid.) The Proposed Project includes micro -benching and revegetating slopes, which will reduce erosion that would otherwise occur. Implementation of the Proposed Project is not anticipated to substantially alter the existing drainage pattern of the Project 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. (Ibid.) Therefore, potential impacts would be less than significant. (Ibid.) 11. Impact: The Proposed Project would not place within a 100 -year flood hazard area structures which would impede or redirect flood flows (EIR 4.7-22.) Supporting Explanation: Upon evaluation of current flood mapping, it was determined that the Project Site is not located in either the 100 -Year or 500 -Year flood zone. (Ibid.) No structures are part of the Proposed Project that would impede or redirect flood flows, thus impacts are considered to be less than significant. (Ibid.) 24 12. Impact: The Proposed Project would not 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. (EIR 4.7-22.) Therefore, no impacts would occur. (Ibid.) Supporting Explanation: The San Gabriel River has three dams upstream of the Project Site that could potentially impact the southernmost part of the Project Site: San Gabriel Dam, Cogswell Dam, and Morris Dam. (Ibid.) Were a catastrophic failure of one or all of the dams to occur, only the southernmost portion of the Project Site would be affected due to its relatively low elevation (-750 feet amsl), which is still higher than most of the nearby cities of Azusa and Duarte. (EIR 4.7-23.) This area of the Project Site currently contains temporary office buildings. (Ibid.) However, this area will become open space after reclamation, and no significant buildings or structures will be located on this portion of the Project Site. (Ibid.) Thus, no significant impacts are expected due to off- site dam failure inundation. (Ibid.) 13. Impact: The Proposed Project would not expose people or structures t inundation by seiche, tsunami, or mudflow. (EIR 4.7-23.) Impacts would be less than significant. (Ibid.) Supporting Explanation: Seiches are typically caused by strong wind or earthquake activity that generates a standing wave in an enclosed or partially enclosed body of water. (Ibid.) A seiche could potentially occur in the on-site storm water detention basin if it were full (due to recent rain) at the time of an earthquake or wind storm. (Ibid.) The likelihood of an event causing a seiche to occur in conjunction with a rainstorm large enough to fill the basin is considered minimal. (Ibid.) Additionally, the on-site detention basin is not located adjacent to any structures; no impact would occur. (Ibid.) The Project Site is not located near a large body of water; the nearest body that could create a tsunami is the. Pacific Ocean, approximately 35 miles to the west. (Ibid.) Due to the elevation of 700 plus feet and the distance of approximately 35 miles from the ocean, a tsunami hazard is not present for the Project Site. (Ibid.) Being adjacent to the San Gabriel River and Fish Creek, the Project Site could be subject to mudflows resulting from significant storm events. (Ibid.) However, a significant short - duration storm event would be required to potentially create a mudflow and the working portion of the mine would need to be at such elevation to be inundated. (Ibid.) These. two events occurring simultaneously is deemed unlikely. (Ibid.) Furthermore, no employees would permanently reside on-site, or be working on-site during an intense storm event. (Ibid.) Finally, project design measures protect structures and employees from rockfall and would similarly protect them from mudflows; less than significant impact is anticipated. (Ibid.) G. LAND USE 1. Impact: The Proposed Project would not divide an established community. (EIR 4.8-14.) Therefore, there would be no impact. (Ibid.) Supporting Explanation: Projects that cause a physical division to communities typically consist of physical bifurcations, such as freeways, railroads, etc. (Ibid.) In this case, the Proposed Project does not contain elements that would physically divide a community. (Ibid.) 25 The Project Site is currently mined and there are no developed communities on the site. (Ibid.) There are established communities located adjacent to and near the Project Site. (Ibid.) However, continued mining and reclamation of the Project Site would not have the potential to physically divide these communities. (Ibid.) Therefore, no impact would occur.(Ibid.) 2. Impact: The Proposed Project would not conflict with any applicable habitat conservation plan or natural community conservation plan. (EIR 4.8-14.) Therefore, there would be no impact. (Ibid.) Supporting Explanation: The Project Site is not within the boundaries of a habitat conservation plan or a natural community conservation plan. (Ibid.) Therefore, there would be no impact. (Ibid.) 3. Impact: The Proposed Project would not 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. (EIR 4.8-15.) Impacts would be less than significant. (Ibid.) Supporting Explanation: The Proposed Project seeks to revise the existing Conditional Use Permit and Reclamation Plan to allow for mining on the West Side of the Project Site instead of the currently permitted operation on the East Side. (Ibid.) This change was anticipated to minimize visual impacts to the surrounding communities. (Ibid.) An analysis of land use goals and policies for the City of Azusa and surrounding jurisdictions shows a common acknowledgment that surface mining has been a part of the area's identity for the past century, and provides a significant economic base for the region. (EIR 4.8- 27.) However, in order to prevent future blight, many surrounding communities have incorporated goals and policies aimed at preserving open space for active and passive uses. (Ibid.) In general, the Proposed Project is in compliance with the goals and policies set by the surrounding communities. (Ibid.) The proposed reclamation plan would utilize improved benching techniques to give the mined hillsides an aesthetic appearance intended to be superior to that of traditional benching methods. (Ibid.) Additionally, native vegetation would be used to further reduce visual indifference between reclaimed areas and natural slopes. (Ibid.) The reclamation of the mined site and proposed end use of passive open space would make the Project Site suitable for wildlife habitat. (Ibid.) The Proposed Project does not conflict with any land use policy adopted for the purpose of mitigating an environmental effect by an agency with jurisdiction over the project. (Ibid.) Therefore, impacts are determined to be less than significant. (Ibid.) H. NOISE AND VIBRATION 1. Impact: The Proposed Project would not be located within an airport land use plan or within two miles or a public airport or public use airport. (EIR 4.9-8.) Therefore, the Project would not expose people residing or working in the project area to excessive noise levels. (Ibid.) 26 Supporting Explanation: The Project Site is not located within an airport land use plan or within two miles of a public airport or public use airport. (Ibid.) The nearest airport is. the El Monte Airport located at 4233 Santa Anita Avenue in El Monte approximately eight miles to the southwest. (Ibid.) The Proposed Project would not introduce new sensitive receptors to the area that would be affected by airport noise. (Ibid.) Therefore, no impacts would occur.(Ibid.) 2. Impact: The Proposed Project is not within the vicinity of a private airstrip. (EIR 4.9-9.) Therefore, the Project would not expose people residing or working in the project area to excessive noise levels. (Ibid.) Supporting Explanation: The Project Site is not located in the vicinity of a private airstrip. (Ibid.)The nearest public or private airport is the EI Monte Airport located at 4233 Santa Anita Avenue in El Monte approximately eight miles to the southwest. (Ibid.) The Proposed Project would not introduce people to the area that would be affected by airport noise. Therefore, no impacts would occur.(Ibid.) 3. Impact: The Proposed Project could expose persons to or generate excessive groundborne vibration or groundborne noise levels. However, impacts would be less than significant. (EIR 4.9-17.) Supporting Explanation: Blasting vibrations were measured in terms of the peak particle velocity (PPV) for existing blasting events by an independent contractor at two locations on the Project Site. (Ibid.) Eleven blast events were monitored to establish vibration levels as a function of ground -borne propagation distance. (Ibid.) For ground vibrations, neither the peak measured event (0.015 ips), the 11 -blast average (0.009 ips), or the PPV at 1,800 feet (0.012 ips) would exceed the adopted significance threshold of 0.20 ips at the closest homes. (Ibid.) In addition, the reduction in charge size for the Proposed Project's micro -benching procedures compared to current reclamation methods may more than compensate for any possible vibration increase associated with distance encroachment. (Ibid.) Impacts are anticipated to be less than significant. (Ibid.) 4. Impact: The Proposed Project could create a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. However, impacts would be less than significant. (EIR 4.9-19.) Supporting Explanation: The Proposed Project will continue to utilize the overland conveyor to transport material from the Project Site to the Reliance facility. (Ibid.) Therefore there will be no change in periodic transportation noise and impacts would be less than significant. (Ibid.) I. RECREATION 1. Impact: The Proposed Project would not 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. (EIR 4.10-8.) There would be no impact to the use of existing parks and other recreational facilities. (Ibid.) 27 Supporting Explanation: The Proposed Project includes revisions to the existing CUP and Reclamation Plan for the Azusa Rock Quarry. (Ibid.) No new jobs will be created that would increase the City's population requiring additional recreational area. (Ibid.) Therefore no impact would result. (Ibid.) 2. Impact: The Proposed Project does not include recreation facilities or require the construction or expansion of recreation facilities which have an adverse physical effect on the environment. (EIR 4.10-9.) No impact will result. (Ibid.) Supporting Explanation: A trail occurs on the westerly approximate 80 -acre portion of the West side of Project Site. (Ibid.) Approval of the Proposed Project will result in the relocation and construction of a new trail of comparable or better quality for continued use by trail enthusiasts. (Ibid.) If implemented prior to reclamation completion, trail access may require restriction and or scheduling in order to avoid conflicts with mining activities. (Ibid.) No significant adverse or long-term physical effect on the environment would occur. (Ibid.) The construction of a new trail would have short-term effects on the environment related to construction disturbance. (EIR 4.10-11.) The Fish Canyon alignment would have little new surface disturbance due to the disturbed nature of the East Side. (Ibid.) The selection of a new trail alignment is subject to the conditions stipulated in the trail easement agreement. (Ibid.) In compliance with the existing agreement, the Applicant will be required to replace the existing trail. (Ibid.) Compliance with the agreement prior to closure of the existing trail will maintain existing recreational amenities with no impact on recreational services. (Ibid.) No impact will result. (Ibid.) J. TRAFFIC AND CIRCULATION 1. Impact: The Proposed Project would not 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. Therefore, no impacts would result. (EIR 4.11-3.) Supporting Explanation: The Project Site is not located within an airport land use plan or within two miles of a public airport or public use airport. (Ibid.)The Proposed Project would not 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. (Ibid.) No impacts would result. (Ibid.) 2. Impact: The Proposed Project would not result in inadequate emergency access. Therefore, no impacts would result. (EIR 4.11-3.) Supporting Explanation: The Proposed Project includes the transport of material via the existing overland conveyor in lieu of on -road haul trucks. (Ibid.) No new access points to the Project Site are proposed. (Ibid.) Therefore, the Proposed Project would not interfere with existing emergency access points. (Ibid.) No impacts would result. (Ibid.) 3. Impact: The Proposed Project would not result in inadequate parking capacity. No impacts would.result. (EIR 4.11-4.) KM Supporting Explanation: The Proposed Project would not create new jobs on-site. (Ibid.) No additional parking on-site would be required to support new employees. (Ibid.) No impacts from inadequate parking at the Project Site would result. (Ibid.) 4. Impact: The Proposed Project would not conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks.) No impacts would result. (EIR 4.11-4.) Supporting Explanation: The Proposed Project would not conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). (Ibid.) Operations at the Project Site would continue in the same manner as permitted under the existing CUP and Reclamation Plan. (Ibid.) No impacts to alternative transportation would result. (Ibid.) 5. Impact: The Proposed Project could 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). (EIR 4.11-4.) However, the impact is less than significant. (Ibid.) Supporting Explanation: Under the Proposed Project, the method of processing and transport of materials will remain as it currently exists at the Project Site. (Ibid.) The employee and delivery vehicle -generated traffic trips will remain approximately the same and are estimated at 56 one-way trips per weekday. (Ibid.) The transport of material would continue to be via the existing overland conveyor in -lieu of on -road haul trucks. (Ibid.) The Proposed Project does not include an increase in tonnage mined as compared to the amount of tonnage assessed in previous CEQA documentation. (Ibid.) Specifically, the 1990 Azusa Rock Conveyor/Haul Road EIR/EA certified by the City of Azusa (SCH # 89010010) assessed the traffic impacts associated with the transport of 6 million tons per year of mined materials south from the Project Site via the conveyor system and found those traffic impacts to be less than significant. Further analysis in the record prepared by Kunzman Associates regarding whether any of the conditions presented in State CEQA Guidelines section 15162 that would require a subsequent or supplemental EIR to be prepared with regard to the Conveyor/Haul Road EIR/EA shows that that EIR's analysis remains valid and that no significant impacts would result. Thus, the Proposed Project will not cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system.(Ibid.) 6. Impact: The Proposed Project would not exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways. (EIR 4.11-4.) No impact would result. (Ibid.) Supporting Explanation: Because the method of processing and transport of materials will remain as it currently exists, the Proposed Project is not anticipated to exceed, either individually or cumulatively, a level of service standard established by the County congestion management agency for designated roads or highways. Furthermore, the amount of trips associated with the processing of 6 million tons per year of aggregate at the Reliance Site would have such a minimal effect on local CMP facilities that the requirement to conduct a CMP 29 analysis would not be triggered. (Ibid.) Thus, a less than significant impact would occur. 7. Impact: The Proposed Project would not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment.) No impacts would result. (EIR 4.11-5.) Supporting Explanation: With approval of the Proposed Project, the existing method of processing and transport of materials would continue as it currently exists. (Ibid.) The transport of material would continue to be via the existing overland conveyor in -lieu of on -road haul trucks. (Ibid.) The Proposed Project does not include changes to existing access points or haul routes. (Ibid.) New on-site mine roads would be developed but would not affect the local or regional traffic circulation system. (Ibid.) Thus the Proposed Project would not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses. (Ibid.) No impacts would result. (Ibid.) K. UTILITIES AND SERVICE SYSTEMS 1. Impact: The Proposed Project would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board, therefore no significant environmental effects would result. (EIR 4.12-4.) Supporting Explanation: The Project Site is currently served by a septic system, and therefore implementation of the Proposed Project would not exceed wastewater treatment requirements. (Ibid.) Since employment onsite would not change, no changes to the existing system are proposed, no improvements to the existing septic system would result, and therefore no significant environmental effects would result. (Ibid.) 2. Impact: The Proposed Project would not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could case significant environmental effects. (EIR 4.12-4.) No significant impacts would result. (Ibid.) Supporting Explanation: Production water (non -potable) is used on-site for dust control during mining operations, and is obtained from an off-site well located across the San Gabriel River channel at the former Owl Rock Mine facility north of Stoddard Road. (EIR 4.12- 5.) The well is operated by Azusa Rock, Inc. through City Resolution No. 99-C75, and is delivered to the quarry via a pipeline. (Ibid.) Domestic water supplied to the on-site office is provided by CalAmerican, a utility water supplier that serves the office and administrative structures on-site through a standard metered domestic water line service. (Ibid.) With regard to production water, water usage would increase from about 26 acre-feet per year to about 170 acre- feet per year. However, this increase will not have an effect on the adequacy of transmission system or treatment capacity, since it will be accommodated through the utilization of more work days in the year than the mine is currently using. (Ibid.) Therefore no significant environmental effects would result. (Ibid.) The Project Site is currently served by a septic system. (EIR 4.12-5.) No changes to the existing septic system are proposed. (Ibid.) Implementation of the Proposed Project would not result in the construction of new water or wastewater treatment facilities or expansion of existing facilities. (Ibid.) No impacts or significant environmental effects would result. (Ibid.) No 30 improvements to the existing septic system would result, and therefore no significant environmental effects would result. (Ibid.) 3. Impact: The Proposed Project would not 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. (EIR 4.12-5.) Therefore, no impacts would occur. (Ibid.) Supporting Explanation: The Project Site contains an existing system of berms that direct storm water into an on-site detention basin where all storm water generated on-site is collected. (Ibid.) From the basin, storm water is allowed to percolate into the groundwater table or evaporate. (Ibid.) The basin also allows sediments in the storm water to settle out, and the NPDES permit covering the Project Site allows this storm water to be discharged if the water quality is equal to or better than that in Fish Creek. (Ibid.) Though the Project Site does not typically discharge at all, this permit creates the possibility of draining the basin during wet periods to make way for fresh storm water after sediments have settled out. (Ibid.) Currently, one settling basin with a volume of 9.8 acre feet exists on-site. (Ibid.) To evaluate the ability of this basin to contain site storm water during the Proposed Project operations, consultant ENV America calculated the direct runoff from the site according to the Rational Method. (Ibid.) ENV America recommends either expanding the current basin or beginning excavation on a new area in order to provide a safety factor for containing 20 -year, 1 - hour storm events or larger. (Ibid.) The Project Site storm water retention capacity should be expanded regardless of approval of the Proposed Project. (Ibid.) It is recommended that the Proposed Project expand its existing storm water detention capacity to a minimum of 12 acre- feet for the duration of mining and reclamation operations. (Ibid.) Storm water runoff after the reclamation period will be similar to the drainage surrounding natural watersheds and may enter Fish Creek directly.(Ibid.) All Project Site storm flows will continue to be captured in the on-site system and no impacts to off-site storm water collection facilities would occur. (Ibid.) 4. Impact: There are sufficient water supplies available to serve the Proposed Project from existing entitlements and resources. (EIR 4.12-7) New or expanded entitlements are not needed. (Ibid.) The City has considered whether the project is subject to the water supply assessment requirements of Water Code Section 10910 et. seq. (SB 610), and the requirements of Government Code Section 647 (SB 221.) (Ibid.) No significant impacts will result. (Ibid.) Supporting Explanation: \ Production water (non -potable) is used on-site for dust control during mining operations, and is obtained from an off-site well. (Ibid.) Under the Project, production would increase from 26 acre-feet per year to 170 acre-feet per year. This is within the Applicant's entitlement under the adjudication for the Main San Gabriel Groundwater Basin, and under the adjudication the Applicant has the ability to pump above its share of the Basin Safe Yield with the payment of replenishment fees. (Ibid.) Thus, the existing entitlement for water will be adequate to meet the needs of the Project. Domestic water supplied to the on-site office is provided by CalAmerican, a utility water supplier that serves the office and administrative structures on-site through a standard metered domestic water line service. (Ibid.) Since employment onsite would not change, domestic water usage will not change, either. (Ibid.) Therefore no significant environmental effects would result. (Ibid.) 31 5. Impact: The Proposed Project would not result in a determination by the wastewater treatment provide which services or may serve the project that it has a adequate capacity to serve the project's projected demand in addition to the provider's existing commitments. Therefore, no impacts would result. (EIR 4.12-6.) Supporting Explanation: The Project Site is currently served by a septic system. (Ibid.) No expansions or improvements would be required to any wastewater treatment system as none is currently provided, or would be needed as a result of implementation of the Proposed Project. (Ibid.) No impacts would result. (Ibid.) 6. Impact: The Proposed Project would be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs. (EIR 4.12-6.) No impact would occur. (Ibid.) Supporting Explanation: Solid waste collection within the city is provided by the City of Azusa through contract with a private hauler. (EIR 4.12-7.) Waste is disposed of at the Puente Hills Sanitary Landfill (Solid Waste Information System (SWIS) No. 19 -AA -0053) located at 13130 Crossroads Parkway South, in the city of Industry. (Ibid.) As of October 14, 2006, the landfill had a remaining capacity of 49,348,500 cubic yards, and an estimated closure date of October 2013. (Ibid.) Currently, the landfill is permitted to receive a maximum of 13,200 tons per day, and has a disposal footprint of 433 -acres within the 1,365 -acre site. (Ibid.) Mine wastes generated at the site consist of overburden. Storage of overburden on-site will continue to be short-term. (Ibid.) Overburden will continue to be transported daily by conveyor to the Reliance processing plant where it will be interim -stored at the Reliance pit for subsequent use there as backfill. (Ibid.) Additionally, any non -saleable rock, fines or overburden materials may be used in VMC's other engineered fill projects in the Azusa/Irwindale area. (Ibid.) Sanitary waste generated at the site is from office operations and estimated at 28 pounds per day. (Ibid.) Waste is collected by the City's private hauler and disposed of at the Puente Hills Sanitary Landfill. (Ibid.) The Proposed Project will not result in an increase in the number of employees on the Project Site. (Ibid.) Therefore the Proposed Project would not result in a change to solid waste disposal needs, or impacts to a landfill. (Ibid.) Therefore, no impact would occur. (Ibid.) 7. Impact: The Proposed Project would comply with federal, state, and local statutes and regulations related to solid waste. (EIR 4.12-7.) No impact would occur. (Ibid.) Supporting Explanation: The Proposed Project will not result in an increase in the number of employees at the Project Site nor an increase in waste generated or disposed of. (Ibid.) On-site mining operations will continue to comply with any applicable federal, state, and local statutes and regulations related to solid waste. (Ibid.) Therefore, no impact would occur. (Ibid.) 8. Impact: The Proposed Project would not require or result in an increase in the amount of electrical power or the expansion of an electrical facility, the construction of which could cause significant environmental effects. (EIR 4.12-9.) Therefore, no impacts would result. (Ibid.) Supporting Explanation: The Azusa Light and Water Department provides electric power to business and residential users. (Ibid.) The City of Azusa receives electrical power from Southern California Edison (SCE) at the Azusa Substation, which is jointly owned by the City of Azusa and SCE. (Ibid.) 32 Currently, the Azusa Light and Water Department has the facilities and equipment to provide electrical services to the City of Azusa. (Ibid.) Azusa Light and Power has indicated that they are capable of meeting the increased demands of the Proposed Project along with all of its other customers. (Ibid.) Therefore, this impact is less than significant. 9. Impact: The Proposed Project would not require or result in the construction of new telecommunication systems. No impact would result. (EIR 4.12-10.) Supporting Explanation: The General Telephone Company (GTE) provides local residential and business telephone services within the City of Azusa. (Ibid.) During the General Plan update (2004) representatives of GTE indicated the existing telephone system was adequate to serve existing and future customers within the City of Azusa. (Ibid.) GTE does not foresee any major projects that would require upgrading of its system in the near future. (Ibid.) Implementation of the Proposed Project would not require additional telecommunication needs or require an expansion of the system. No impact would result. (Ibid.) 10. Impact: The Proposed Project would not require or result in the construction of new or expanded existing natural gas facilities. No impact would result. (EIR 4.12-8.) Supporting Explanation: The Southern California Gas Company provides natural gas services within the City of Azusa. (Ibid.) The existing gas distribution system is adequate to serve existing and future customers within the City. (Ibid.) At the time of the General Plan update (2004), the Southern California Gas Company did not foresee any major projects that would require upgrading of the system in the near future. (Ibid.) Currently, operations at the Project Site do not require the use of natural gas. Implementation of the Proposed Project does not include a demand for natural gas. (Ibid.) Therefore no changes to natural gas would result and no impact to existing natural gas facilities would result. (Ibid.) L. GREENHOUSE GASES/CLIMATE CHANGE 1. Impact: The Project would not exceed SCAQMD's industrial facilities threshold of significance. (EIR 4.13-8.) Supporting Explanation: The existing Quarry as permitted by. SCAQMD is allowed to process up to 10.8 mtpy of aggregate. (Ibid.) The incremental increase in emissions calculated is a comparison of the Proposed Project's 19,000 tpd (i.e., 6 mtpy) with the established Baseline or existing operations of 1.1 mtpy. (Ibid.) The total increase in maximum annualized contribution of GHG from the project is 6,099 MTCO2c/year (see Table 13.3 below). (Ibid.) Since this is less than SCAQMD's industrial facilities threshold of 10,000 MTCO2e/year, this impact is less than significant. (Ibid.) 2. Impact: The Proposed Project would not interfere or conflict with a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions. (EIR 4.13-9 to 4.13-10.) Supporting Explanation: The only approved plan that meets the regulatory requirements of the proposed amendments to the CEQA Guidelines is the "Climate Change 33 Scoping Plan" (CARB 2008) . (EIR 4.13-9.) Eventually the region will develop a Sustainable Communities Strategy that complies with SB 375 and the City of Azusa may also adopt a climate action.plan. (Ibid.) The Climate Change Scoping Plan contains strategies and measures that will affect the Proposed Project sources including low carbon fuel standards, goods movement, and heavy duty vehicle engine efficiencies. (Ibid.) The Scoping Plan does not contain any directly applicable categorical requirements for mining and reclamation or industrial projects of limited size, such as the Proposed Project. (Ibid.) Therefore, the Proposed Project, which will be required to comply with future GHG related regulations, is consistent with the Scoping Plan. (Ibid.) Without mitigation, GHG emissions from the Proposed Project are less than both the SCAQMD (10,000 MTCO2e/yr) screening interim threshold level for significance and the CARB interim (7,000 MTCO2e/yr) threshold, which excludes off-road vehicle emissions from the comparison. (EIR 4.13-9 to 4.13- 10.) Therefore, no mitigation measures for impacts on climate change are necessary and the Proposed Project's impact is determined to be less than significant. (Ibid.) SECTION 3: RESOLUTION REGARDING ENVIRONMENTAL IMPACTS MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT. The City Council hereby finds that Mitigation Measures have been identified in the EIR and this Resolution which will avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level. The potentially significant impacts and the Mitigation Measures which will reduce them to a less then significant level are as follows: A. AESTHETICS 1. Impact: The Proposed Project would create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. (DEIR, p. 4.1-55.) However, with mitigation, impacts would be less than significant. (Ibid.) The issue of light and glare is typically associated with excessively bright nighttime lighting that crosses over property lines and illuminates off-site yards or bedroom windows. (EIR 4.1-55.) It is also associated with the condition that occurs when excessive nighttime lighting creates a "skyglow" effect. (Ibid.) Specifications of any nighttime lighting are not provided in the Proposed Project applications. (Ibid.) Lighting is not proposed to be altered from the existing mine operations but it is anticipated that on-site lighting will extend westerly to the Project Site perimeter and be excluded in the East Side quarry following reclamation. (Ibid.) Lighting is currently limited to security and maintenance lighting. (Ibid.) With implementation of the Proposed Project, the West Side quant' activity and associated lighting would replace existing lighting at the East Side quarry. (Ibid.) The distance to adjacent, sensitive land uses limits potential operational lighting impacts, but any new lighting would contribute to skyglow effect. (Ibid.) Nighttime lighting for purposes of security and maintenance is not anticipated to be excessive as such lighting would include glare shields and low energy sodium appliances (or equivalent) to eliminate or reduce light and glare. (Ibid.) 34 Finding: The following Mitigation Measures will mitigate potential adverse light and glare impacts to less than significant levels. (DEIR, p. 4.1-55.) AES 2 The operator shall comply with the City of Azusa Development Code Chapter 88.31.030, "Outdoor Lighting. " The operator shall use high-pressure sodium and/or cut-off fixtures instead of mercury-vapor fixtures for any required nighttime lighting of the operations. The lighting shall also be designed to confine illumination to the Project Site, and/or to areas that do not include light-sensitive uses. (Ibid.) AES 3 No mining shall be allowed before dawn or after dusk within 300 feet of the west quarry Project Site boundary. (Ibid.) Supporting Explanation: Impacts are determined to be less than significant with mitigation incorporated. (Ibid.) In the event that nighttime lighting could potentially contribute to the surrounding area's light and/or glare, mitigation will be required. (Ibid.) Requiring the Applicant or operator to use certain techniques and fixtures in order to reduce light will reduce impacts be limiting any glare and/or overflow. (Ibid.) Additionally, restricting the times that mining is allowed during the day will reduce nighttime lighting to less than significant levels by minimizing the need for nighttime illumination. (Ibid.) B. AIR QUALITY 1. Impact: With mitigation, the Proposed Project would not violate any air quality standard or contribute substantially to an existing or projected air quality violation. (DEIR, p. 4.2-23 — 30.) Regional Criteria Pollutant Impacts SO2 exceedance is normally a concern for facilities that bum coal or refine petroleum. (Ibid.) Diesel fuel used by the Proposed Project will continue to meet CARB specifications for sulfur content. (Ibid.) Thus, impact of Proposed Project emissions on SO2 attainment is anticipated to be less than significant. (Ibid.) PM10 and PM2.5 exceedances are a concern for facilities with fugitive dust sources. (Ibid.) NOx is a concern for facilities with large amounts of combustion equipment. (Ibid.) As aggregate plants require large amounts of earthwork, NOx and PM emissions are quantified, modeled, and compared to significance thresholds. (Ibid.) The Proposed Project's total emissions were compared to the appropriate threshold to determine significance. (Ibid.) hi order for the Proposed Project to result in less than significant impacts for MDTs, it has been designed with an initial throughput restriction of 19,000 tpd unless and until circumstances change such that the facility emissions factors can be revised. (Ibid.) Proposed Project emissions for the average day or 19,000 tpd would not exceed the SCAQMD's mass daily significance thresholds and are therefore determined to be less than significant. (Ibid.) Proposed Project emissions for the peak day or 28,800 tpd would exceed the NOx, VOC, and CO mass daily significance thresholds and are considered a significant impact. (Ibid.) The peak day would require mitigation or limitations if emissions are to meet the MDTs. SOx, PM10 and PM2.5 emissions are less than significant on the peak day. (EIR 4.2-24.) Localized Criteria Pollutant Impacts 35 Carbon monoxide (CO) exceedance is normally a concern at high volume intersections operating at level of service (LOS) D or worse. (EIR 4.2-25.) As there is no on -road truck traffic associated with the Proposed Project, impact on CO AAQS attainment is anticipated to be less than significant. (Ibid.) Off-road CO emissions would not exceed the mass daily threshold for CO. (Ibid.) Off-site concentrations of PM10 (annual and 24-hour), PM2.5 (annual and 24-hour), and NO2 (annual and 1 -hour) were calculated using the EPA's AERMOD dispersion model. Emissions were calculated for each pollutant and modeled using local meteorological and terrain data. (Ibid.) Three years of Azusa meteorological data (2005-2007) were used and the worst case year was used to determine significance. (Ibid.) The initial year for the Proposed Project was modeled as it represents engines that are the least efficient/clean and the haul distances are the longest. Localized impacts are conservatively based on the peak hour (1,800 tons), peak day (28,800 tons), and the peak year (6 mt). (Ibid.) The 24-hour PM10 and PM2.5 modeling was performed using the 28,800 ton peak day throughput assumption and represents a worst case scenario. (Ibid.) The pollutant concentrations at the point of maximum impact ("PMI") do not exceed the SCAQMD's significant deterioration threshold (SDTs) or the NAAQS and CAAQS, whichever is most stringent. (Ibid.) Potential impacts at any of the receptors are mostly less than 10 percent of the most stringent standards. (EIR 4.2-27.) The existing ambient background levels for 24-hour and annual levels of PM10 and PM2.5 exceed the AAQS. (EIR 4.2-28.) The incremental increases in PM10 and PM2.5 are determined to not exceed the incremental increase thresholds (SDTs), therefore impacts from PM10 and PM2.5 are determined to be less than significant for the Proposed Project. (Ibid.) The addition of the project impacts to the background levels does not cause an exceedance of AAQS for NO2 or NOx. (Ibid.) Finding: The following Mitigation Measures and Project Design Feature, along with compliance with applicable SCAQMD rules, will mitigate potential adverse effects to air quality standards to less -than -significant levels. (EIR 4.2-28 — 30.) AQ -1 Daily peak production shall be restricted to not more than 19,000 tons per day and 6, 000, 000 tons per year. AQ -la Daily production shall be limited to no more than 19,000 tons per day in order to reduce the Proposed Project's potential to emit NO, SO., VOC, CO, PM�o, and PM2.5 emissions to less than the SCAQMD CEQA significance thresholds. AQ -1b The SCAQMD CEQA significance thresholds shall be used to curtail the facility's throughput to reduce the project's potential to emit NO,, SO,, VOC, CO, PM10, and PM2.5 emissions to less than significant. The Emissions Inventory Plan (Appendix c.2.3, sub -appendix II -B) includes the methodology to evaluate. NO, VOC, and CO in a similar manner to that presented below for NOx. • The facility -wide NOx emissions factor shall be 0.0213 lb/ton processed. 36 • The baseline (i.e., current) peak day NO, emissions is 351 Ib/day, and • The SCAQMD mass daily threshold is NO, 55 Ib/day. In light of the above information, the Facility may emit 405 Ib/day of NOx and remain less than the SCAQMD NO, Mass Daily threshold (405 lbs/day = 351 lbs/day current emissions +54 Ibs/day to remain under the NOx significance threshold). In order for the Project to result in less than significant impacts for all air quality aspects, it shall be restricted to production of no more than 19,000 tons per day. AQ -lc a) Continue the mandatory use of the materials conveyor system to preclude the use of on -road haul trucks traveling through residential neighborhoods. b) If winds exceed 25 mph as an hourly average, site disturbance activities, including but not limited to blasting, shall be suspended. AQ -Id Daily peak production shall initially be restricted to 6,060 tons per day using existing equipment. Prior to implementation of any increases in daily production levels, the Applicant will prepare and submit to the City an inventory of its current construction equipment fleet. If the City finds that the construction equipment fleet's composition conforms with the assumptions used in the air quality report found in the Draft EIR Appendix C.2.3, daily production may be increased to a maximum of 19, 000 tons per day. AQ -2: For on-site stationary sources, VMC shall be in compliance with applicable SCAQMD permitting and operation requirements and emission control measures. PDF -6 Minimize the release of air borne dust and emissions through regular application of water to dampen stockpiles, working mine faces, and on-site access roads. (EIR 4.2-21) Supporting Explanation: The Proposed Project will not exceed the SCAQMD's mass daily thresholds, the significant deterioration thresholds, or the AAQS with limitation of daily production to no more than 19,000 tons per day, and therefore, the Proposed Project will have a less than significant impact on regional and localized air quality with implementation of the applicable Project Design Feature and the proposed Mitigation Measures, and with compliance with applicable SCAQMD rules. (Ibid.; See also Tables 4.2-10, 4.2-13, 4.2-14, 4.2- 15.) 2. Impact: With mitigation, the Proposed Project will not 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 that exceed quantitative thresholds for ozone precursors.) (DEIR, p. 4.2-30.) Finding: The following Mitigation Measures and Project Design Feature, along with compliance with applicable SCAQMD rules, will mitigate potential adverse effects to air quality standards to less -than -significant levels. (EIR 4.2-28 — 30.) 37 AQ -1 See supra AQ -1a See supra. AQ -lb See supra. AQ -lc See supra. AQ -1d See supra. AQ -2: See supra. PDF -6 See supra. Supporting Explanation: The Proposed Project would not exceed SCAQMD thresholds. (]bid.; see DEIR Tables 4.2-13, 4.2-14, and 4.2-15.) Daily project emissions analyzed existing conditions and determined the incremental change and compared the findings to SCAQMD thresholds to determine significance. (DEIR, p. 4.2-31.) Emissions that comply with SCAQMD's thresholds are considered by the SCAQMD, as per its guidance on air quality impact analysis under CEQA, to be less than cumulatively considerable contributions to existing regional cumulative air quality impacts. (Ibid.) Therefore, cumulative impacts from the Proposed Project are determined to be less than significant, with implementation of the above Mitigation Measures, Project Design Features, and applicable SCAQMD rules, which would ensure that the emission levels predicted by the Project air quality modeling are attained.(Ibid.) C. BIOLOGICAL RESOURCES 1. Impact: With mitigation, the Proposed Project would not have a substantial adverse effect, either directly or through habitat modifications, on any of the following 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: San Gabriel river dudleya, Santa Ana sucker, Santa Ana speckled dace, Mountain yellow -legged frog, Coast Range newt, Southwestern pond turtle, Two -striped garter snake, Cooper's hawk, Southwestern. willow flycatcher, Yellow -breasted chat, Coastal California gnatcatcher, and Least Bell's vireo. (DEIR, p. 4.3-22 — 30.) Therefore, impacts would be less than significant. (Ibid.) Special Status Plant San Gabriel river dudleya (Dudleya cvmosa ssp. crebrifolia). A CNPS 113.2 listed plant, San Gabriel river dudleya is found in chaparral, coastal sage scrub and valley and foothill grasslands between 900 and 1,395 feet amsl. (DEIR, p. 4.3-23.) The plant is the only sensitive plant found on the Project Site (refer to DEIR Figure 4.3-3). (Ibid.) This species was detected during the surveys, and is present within the Fish Creek restoration area as well as two populations being located on the western side of Fish Canyon. (Ibid.) A dense population of approximately 1,000 individuals was detected in sparse coastal sage -chaparral on northeast and east -facing rock outcrops on the west side of Fish Canyon, just south of the disturbed mining area. Impact to this species is considered potentially significant. (Ibid.) Mitigation Measure BIO -1 reduces impacts to the San Gabriel river dudleya to less than significant levels. (DEIR, p. 4.3-24.) 38 Special Status Wildlife Fish Santa Ana sucker Watostomus santaanae) is listed as threatened by the federal government and is a California Special Concern (CSC) species. (DEIR, p. 4.3-25.) This fish species is endemic to Los Angeles Basin, typically with sand, rubble, or boulder -bottomed south coastal streams. (Ibid.) This species has historically been reported in Fish Creek (last reported in 1986) but is now considered extirpated in this waterway (CNDDB 2009). (Ibid.) Other populations of this species are located in the upper forks of the San Gabriel River above two dams making it unlikely that this species could migrate downstream and then up Fish Creek. (Ibid) In addition, numerous fish surveys, relocations and monitoring during and following the northern restoration of Fish Creek never observed or collected Santa Ana River sucker. (Ibid.) Therefore, the Santa Ana sucker has a low potential to occur. (Ibid.) Less than significant impact would occur with mitigation. (Ibid.) Santa Ana speckled dace (Rhinichthys osculus ssp.) is a CSC species. (Ibid.) This fish occurs in the headwaters of the Santa Ana and San Gabriel Rivers and requires flowing, permanent streams with shallow cobble bottoms and gravel riffles. (Ibid.) This species is known to occur in Fish Creek and has been captured within the restored and unrestored portions of the creek within the Project Site. (Ibid.) Fish Creek and the restored area of Fish Creek are not part of the Proposed Project and will be avoided by all mine and reclamation activities. (Ibid.) A less than significant impact would occur with mitigation. (Ibid.) Amphibians Mountain yellow -legged frog (Rana mucosa) is a federally listed endangered species and a CSC species. (Ibid.) This frog occurs in the San Bernardino, San Jacinto, and San Gabriel Mountains, always within a few feet of permanent water. (Ibid.) This species is typically found in relatively undisturbed stream banks, ponds and lakes, usually with sloping gravel banks.. (Ibid.) Despite a documentation of this species in Fish Creek 4 miles northwest of the Project Site (CNDDB 2008), this species is unlikely to occur on the Project Site, except for Fish Creek, where it has a moderate potential to occur. (DEIR, p. 4.3-26.) Repeated fish studies conducted in the restored portion of Fish Creek and just upstream did not result in any observations of these species. (Ibid.) Less than significant impact is expected with implementation of Mitigation Measures BIO -2 and BIO -5. (Ibid.) Coast Ranee newt (Taricha torosa torosa) is a CSC species. (Ibid.) This newt inhabits quiet ponds, lakes, and streams along coastal mountain ranges from Mendocino County to San Diego County. (Ibid.) It has been observed breeding in Fish Creek upstream of the Project Site and it has also been observed in the restored portion of Fish Creek. (Ibid.) Fish Creek and the restored area of Fish Creek will be avoided by all mine and reclamation activities. (Ibid.) Less than significant impact is expected with implementation of Mitigation Measures BIO -2 and BIO - 5. (Ibid.) Reptiles Southwestern pond turtle (Clemmys marmorata pallidal is a CSC species. (Ibid.) Intermittent drainages on the undisturbed portion of the Project Site are unlikely to provide 39 suitable breeding habitat for this species. (Ibid.) Therefore, the southwestern pond turtle has a moderate potential to occur only within deeper waters in Fish Creek. (Ibid.) Repeated fish studies conducted in the restored portion of Fish Creek and just upstream did not result in any observations of these species. (Ibid.) Less than significant impact is expected with implementation of Mitigation Measures BIO -2 and BIO -5. (Ibid.) Two -striped garter snake (Thamnophis hammondii) is a CSC species. (Ibid.) This aquatic snake occurs within permanent waters, often along streams with rocky beds and riparian habitat. (Ibid.) This species has been observed in the Fish Creek Restoration Area and upstream in Fish Creek on U.S. Forest Service lands. (Ibid.) Fish Creek and the restored area of Fish Creek will be avoided by all Proposed Project activities. (Ibid.) Less than significant impact is expected with implementation of Mitigation Measures BIO -2 and 13I0-5. (Ibid.) Birds Cooper's hawk (Accipiter cooperii) is a CSC species. (Ibid.) This species could potentially forage and nest in the riparian habitat in the restoration area and upstream. (Ibid.) It has been observed flying over the project area. (Ibid.) Less than significant impact is expected with establishment of preserved lands, and implementation of Mitigation Measures 13I0-2 and BIO -3 and the Proposed Project's revegetation plan. (DEIR, p. 4.3-27.) Southwestern willow flycatcher (Empidonax traillii extimus) is listed as endangered by the federal government. (Ibid.) The SWWF is restricted to riparian woodlands along streams and rivers with mature, dense stands of willows, cottonwoods (Populus spp.) or smaller spring fed or boggy areas with willows or alders (Alnus spp.). (Ibid.) Riparian habitat provides both breeding and foraging habitat for the species. (Ibid.) The southwestern willow flycatcher nests from up to 13 feet above ground in thickets of trees and shrubs with a high percentage of canopy cover and dense foliage. (Ibid.) Nesting willow flycatchers invariably prefer areas with surface water nearby (Phillips et al. 1966). (Ibid.) The habitat assessment for the SWWF found suitable habitat within the Fish Creek corridor and particularly in the restored area. (Ibid.) Focused protocol surveys for the SWWF were conducted by Gonzales Environmental Consulting in May- July 2008 in Fish Creek (refer to Appendix C.3.1, Sub -Appendix D). (Ibid.) One territorial male was observed in the riparian habitat at the northern portion of the Project Site within the Fish Creek restored area and just downstream of the bridge over Fish Creek. (Ibid.) Fish Creek and the restored area of Fish Creek are not part of the Proposed Project and will be avoided by all mine and reclamation activities. (Ibid.) PDF -1, PDF -2, PDF -7 and Mitigation Measure BIO -2 require protection of Fish Creek's water quality from the mine slopes, monitoring of on-site activities near Fish Creek, the establishment of a buffer along the creek, and obtaining of applicable permits if any future activity or restoration is planned. (Ibid.) A less than significant impact would occur with implementation of Mitigation Measures BIO -2, 13I0-3, and BIO -5. (Ibid.) Yellow -breasted chat (Icteria virens) is a CSC species. (Ibid.) This species occurs as a summer resident and requires dense willow riparian thickets and other brushy tangles for nesting. (Ibid.) These areas typically have a thick understory of willow, blackberry, and wild grape. (Ibid) This species has been observed in the San Gabriel River channel located downstream of the project area. (Ibid.) The riparian habitat in the restoration area could potentially support this ,o] species as the habitat continues to mature overtime, however, currently the habitat is not mature enough to support the nesting activities of this species. (Ibid.) A less than significant impact is expected with implementation of Mitigation Measures BI0-2, BIO -3, and BIO -5. (Ibid.) Coastal California gnatcatcher (Polioptila californica californica) is a federally -listed threatened species and a CSC species. (DEIR, p. 4.3-28.) This bird permanently inhabits coastal sage scrub habitats at elevations below 2,500 feet amsl. (Ibid) The closest known record of this species is approximately 3 miles south of the Project Site in a lowland basin area in the Santa Fe Dam Regional Park (CNDDB 2009). (Ibid.) No other recent or historic records occur within 5 miles of the Project Site. (Ibid.) Most of the coastal sage scrub habitat on the Project Site is revegetated, and of marginal quality, but there is suitable habitat in the vicinity. (Ibid.) The Project Site is not within critical habitat for the gnatcatcher as established by the USFWS. (Ibid.) Vegetation within the East Side of the Project Site is dominated by the previously mined slopes that support little or no vegetation. (Ibid.) The previously reclaimed terraced steps are vegetated primarily with coastal sage scrub; the terrain is very steep. (Ibid.) Due to the limited amount of coastal sage scrub (approximately 9 acres in two separated pockets) and the steepness of the terrain, it was determined that the East Side does not provide suitable habitat for the gnatcatcher. (Ibid.) The West Side Area ,is dominated by actively and previously mined slopes and undisturbed chaparral and approximately 11 acres of existing and revegetated coastal sage scrub mainly in the south portion of the existing mining area. (Ibid.) The undisturbed chaparral is too thick and shaded and does not provide a suitable habitat type for gnatcatchers. (Ibid.) The Canyon Bottom is dominated by disturbed areas and the riparian areas along Fish Creek. (Ibid.) The disturbed and riparian areas do not represent suitable habitat for the gnatcatcher. (Ibid.) In addition to the limited amount of coastal sage scrub present on-site, much of the Project Site lies within a canyon -type topography and receives a limited amount of sun and warmth during the day. (Ibid.) The literature review concluded that no recent or historical records for gnatcatcher occurs or has ever occurred within similar habitat and within 5 miles of the Project Site. (Ibid.) Based on the results of the literature review, the lack of suitable habitat, and other surveys on the Project Site which did not record any gnatcatcher, the occurrence of gnatcatcher on-site is considered low and potential impacts are expected to be less than significant with implementation of Mitigation Measures BIO -3 and BIO -5. (Ibid.) Least Bell's vireo (Vireo bellii pusillus) is listed as endangered by the federal and state governments. (Ibid.) This species inhabits dense riparian vegetation near wet areas (e.g., streams) (Zeiner et al. 1990). (Ibid.) Habitat for the vireo consists typically of multi -layered riparian habitats consisting of willows of varying heights and mule fat. (Ibid.) The habitat vireos prefer typically is fairly open and incorporates a high amount of `edge' features where the riparian habitat meets open water or open sand bars. (Ibid.) Vireos utilize both heavy understory and high canopy areas as foraging habitat. (Ibid.) In addition, vireo habitats almost always have a high degree of herbaceous understory which is used as nesting material. (DEIR, p. 4.3-29.) This species was documented less than 1 mile north and south of the Project Site and 0.75 miles to the west in Van Tassel Creek (CNDDB 2009), and suitable riparian habitat exists in the Fish 41 Creek restoration area. (Ibid.) Therefore, focused protocol surveys were conducted in the spring of 2008. (Ibid.) Least Bell's vireos were not detected during the eight focused vireo surveys conducted in 2008 along the more suitable habitat along Fish Creek. (Ibid.) Brown -headed cowbirds were observed during several of the surveys, mostly at the upstream portion of the Project Site near the U.S. Forest Service lands. (Ibid.) The presence of brown -headed cowbirds could potentially have an impact on whether or not least Bell's vireos attempt to nest in the restoration area. (Ibid.) In addition, drainages on the steeper approximate 80 acres on the West Side that would be impacted, contain approximately 2.34 acres of CDFG jurisdictional waters with mulefat, blue elderberry riparian habitat which were not surveyed for vireo. (Ibid.) These drainages do not exhibit riparian habitats suitable for Least Bell's vireo. (Ibid.) The negative survey results in the more suitable riparian area of Fish Creek implies that the less suitable habitat on the drier drainages would not likely support vireo. (Ibid.) Due to the lack of occurrence, a less than significant impact is expected with the implementation of Mitigation Measures BIO -2, BIO -3, BIO -5. (Ibid.) Findings: The following Mitigation Measures and Project Design Features will reduce impacts to candidate, sensitive, or special status species, directly or through habitat modifications to less than significant levels. BI0-1 a) As part of the mining and reclamation activities, the Applicant shall salvage plants and collect the seeds of the San Gabriel River dudleyas that will be removed as part of Phases 1-E, IV -W and V -W (see Figure 3'16 of Draft EIR for phasing). This requirement is only limited by the ability of the biologist to. collect seeds or salvage plants safely, without risk of seriousinjury or death. Dudleyas that can be safely removed from future mining areas shall be salvaged and transplanted and/or the collected seeds shall be spread onto the areas to be reclaimed with a similar slope and aspect. The Revegetation Plan for the revegetation and monitoring of this species included in the final Revised Reclamation Plan is incorporated herein by this reference and must be complied with in order to satisfy this Mitigation Measure. b) Prior to each phase of mining, surveys for the San Gabriel River dudleya shall be conducted to determine if the species is present at that point in time and if so the number of the plants to be impacted. The plants favorable for transplanting will be salvaged and transplanted and/or collected seeds seeded onto areas to be reclaimed with similar slopes and aspects where they currently occur. The Revegetation Plan specifically addressing this species included in the Final Reclamation Plan is incorporated herein by this reference and shall be complied with in order to satisfy this Mitigation Measure. This Plan includes the method for salvaging and seed collection, selection of the areas to be revegetated, methods for transplanting and seeding, monitoring, and remediation in order to achieve a success criteria of 50% of the number of plants found in the pre -construction surveys.(EIR 4.3- 24.) 42 BI0-2 To avoid impacts to the Santa Ana speckled dace, Coast range newt, Two -striped garter snake, southwestern willow flycatcher, Copper's hawk, osprey, and on suitable habitat for least Bell's vireo, project activities (excluding future potential creek restoration) must avoid disturbing Fish Creek habitat, water flow and quality, and VMC shall maintain a 25 foot buffer from the edge of the creek banks or the riparian vegetation, whichever is furthest, including the entire restoration area. (EIR 4.3-30.) BI0-3 To avoid impacts to Southern California rufous -crowned sparrow, coastal California gnatcatcher, least Bell's vireo, and other nesting birds protected under the Migratory Bird Treaty Act, mining activities will only remove existing chaparral and coastal sage scrub during the non -nesting season (September I through February 15. If clearing of native habitats is going to occur during the breeding season, then a qualified biologist shall conduct a survey for nesting birds within three days of the initiation of clearing. If active bird nests are observed, then a buffer of 100 feet shall be established around the nests and no activities shall occur within the buffer until the young have fledged or the nest has failed. A qualified biologist shall be utilized to conduct the surveys and to determine the status of active or failed nests. (DEIR, p. 4.3-30.) BI0-5: Excavation and mining within the periphery of Fish Creek will be under the observation of the consulting biologist at all times to assure no adverse impacts will occur to the drainages and tributaries of the Waters of the United States and Waters of the State, unless such effects have been recognized and permitted through appropriate permits, agreements and certifications issued by the respective responsible agencies. In order to prevent adverse impacts to Fish Creek the consulting biologist will provide staking and fencing of the drainages to delineate the areas of special concern, as these areas were identified in the Biological Resource Assessment contained in Draft EIR appendices C.3, C.3.2, and C.3.6. The biologist will monitor activities in the vicinity of these areas to ensure that the staked areas of exclusion are not intruded by either the equipment/operations or indirectly by soil movements. PDF -1 Enlarge and maintain the on-site storm water detention basin, which serves to decant and retard drainage from mined areas from directly entering Waters of the U.S. and CDFG jurisdictional waters (Fish Creek and the San Gabriel River). Increase capacity of the existing 9.8 acre-feet to 12.0 acre-feet (based on hydrology studies discussed in Section 4.7 of this EIR). (DEIR, p. 4.3-20.) PDF -2 Maintain the on-site slope and grade in a manner to direct drainage of surface flows to the on-site storm water detention basin. (DEIR, p. 4.3-20.) PDF -3 Apply a micro -benching methodology to reduce the height and width of the step - benches and include native vegetation as measures to eliminate negative aesthetic elements associated with traditional benching method. (DEIR, p. 4.3-20.) W Supporting Explanation: Salvaging plants and collecting seeds from the San Gabriel River dudleyas can be transplanted in other areas with similar environmental conditions, thereby preserving them within the area. (Ibid.) The revegetation plan will ensure that the plant is properly monitored. The surveys will determine the number of affected plants and will provide a detailed plan on how to transplant and revegetate them. (Ibid.) Similarly, the buffer along Fish Creek will protect the Santa Anasucker, Santa Ana speckled dace, mountain yellow -legged frog, Coast range newt, southwestern pond turtle, two - striped garter snake, southwestern willow flycatcher, Copper's hawk, osprey, yellow -breasted chat, and suitable habitat for least Bell's vireo. Likewise the restriction on removing chaparral and costal sage scrub during certain period of the year will avoid impacts to Southern California rufous -crowned sparrow, coastal California gnatcatcher, least Bell's vireo, and other nesting birds protected under the Migratory Bird Treaty Act, If active bird nests are observed, then a buffer of 1.00 feet shall be established around the nests and no Proposed Project activities shall occur within the buffer until the young have fledged or the nest has failed. Having a qualified biologist to conduct surveys will also help preserve the species by alerting the applicant and City of active or failed nests. (Ibid.) Based on the above, impacts would be reduced to less than significant. 2. Impact: With mitigation, the Proposed Project would not have a substantial adverse effect on any riparian habitat identified in local or regional plans, policies, and regulations or by the CDFG or USFWS. (DEIR, p. 4.3-33 — 34.) Impacts to riparian habitat would be less than significant. (Ibid.) The mining activities associated with the Proposed Project on the West Side of the Project Site will impact 2.34 acres of state jurisdictional waters and 0.34 acres of federal jurisdictional waters and associated habitat (see DEIR Figure 4.3-4.) (DEIR, p. 4.3-33.) No wetlands were identified on the Project Site, however impacts to riparian habitat is a potentially significant. (Ibid.) The jurisdictional delineation conducted by Gonzales Environmental Consulting, LLC for ECORP Consulting in May, 2006, identified 1.07 acres in Drainage 1, 0.97 acres in Drainage 2, and 0.3 acres in Drainage 3 of California jurisdictional waters, for a total of 2.34 acres. (Ibid.) Additionally 0.24 acres in Drainage 1, 0.08 acres in Drainage 2, and 0.002 acres in Drainage 3 of federal jurisdictional waters for a total of 0.34 acres were identified. (Ibid.) Riparian vegetation in the drainages contains a mixture of mule fat, blue elderberry, and tree tobacco. (Ibid.) Fish Creek and the restored area of Fish Creek will be avoided by all mine and reclamation activities associated with the Proposed Project. PDF -1 and PDF -2 and Mitigation Measures BIO -2 and BIO -5 require protection of Fish Creek's water quality from the mine slopes, monitoring of onsite activities near Fish Creek, the establishment of a buffer along the creek and restoration area and obtaining applicable permits if any future activity or restoration is planned outside of the Proposed Project. (Ibid.) Mitigation Measure BIO -3 requires assessment for the occurrence of migratory birds which will include these drainages and implementation of appropriate mitigation if nesting birds are found. (Ibid.) In addition, Mitigation Measure BIO -4 and BIO -5 are required. (Ibid.) Findin : The following Mitigation Measures and Project Design Features will mitigate potential adverse impacts to riparian habitat to less than significant levels. BIO -3 See supra. BIO -4 To offset streambed and habitat impacts to 2.34 acres of CDFG jurisdictional areas and 0.34 acres of waters of the U.S., the Project Applicant shall be required to comply with one of the following or a combination of one or more of the following: (1) purchase credits at a 2 to 1 ratio or approximately 5 acres/credit at an approved mitigation bank which supports the San Gabriel River, through other regional conservation programs (such as San Gabriel Mountains Regional Conservancy); (2) establish on-site drainages and vegetation within the reclaimed West Side quarryfloor at a 2 to 1 ratio; or (3) dedicate or contribute 5 acres of appropriate lands as a permanent conservation easement to a conservation group. Note that these compensation ratios are typical and are subject to review and agreement with the CDFG via a Section 1602 Streambed Alteration Agreement and the ACOE via the Section 404 permitting process. (DEIR, p. 4.3- 34.) BIO -5 See supra. PDF -1 See supra. PDF -2 See supra. PDF -3 See supra. Supporting Explanation: Mitigation Measure BIO -4 will reduce impacts to less than significant, by requiring the Applicant to adopt and implement one of three mitigation ratios. (Ibid.) By providing mitigation through conservation in the San Gabriel Mountains, the West Side quarry, or conservation elsewhere, impacts to riparian habitat will be reduced to less than significant levels. (Ibid.) Furthermore, Mitigation Measure BIO -5 will ensure that impacts from intrusion into Fish Creek and adjacent areas would not occur, and Mitigation Measure BIO -3 would protect any areas, including riparian areas, that are being used for nesting purposes. Consequently, this impact would be less than significant. 3. Impact: The Proposed Project would not interfere substantially with the movement of any native resident or migratory fish and wildlife species or with the established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. (EIR 4.3-39 — 40.) Therefore, impacts are less than significant with the implementation of Mitigation Measures and Project Design Features. (Ibid.) Finding. The implementation of the following Mitigation Measures ensure that the Proposed Project will not interfere substantially with the movement of native species or wildlife corridors.. BIO -1 See supra. BIO -2 See supra. Ki BI0-5 See supra. PDF -1 See supra. PDF -2 See supra. Supporting Explanation: The Project Site has a large area of high disturbance, but the undisturbed coastal sage- chaparral scrub areas are contiguous with open space to the northwest and northeast of the Project Site. (DEIR, p. 4.3-39.) The Fish Creek restoration area on the Project Site is a significant corridor, connecting the Fish Creek channel on adjacent Forest Service land with the San Gabriel River. (]bid.) This is an important habitat for sensitive species such as the Santa Ana speckled dace and as the plantings mature, it will also provide suitable habitat for sensitive riparian bird species to breed and travel this corridor. (Ibid.) The Project Site contains other ridgelines and drainages that may provide connectivity to the San Gabriel River. (Ibid.) The undisturbed areas, being adjacent to the disturbed mine area on the East Side and other development; serve more as open space and habitat for plant and wildlife communities and not as a wildlife corridor or linkage. (EIR 4.3-40.) Fish Creek and the restored area of Fish Creek will be avoided by all mine and reclamation activities, as per Mitigation Measures s BIO -1, -2, and -5. (Ibid.) The un -restored portion of Fish Creek will be preserved in its current state until the time when the Applicant implements a phased restoration of the remainder of the creek that runs through the Canyon Bottom. (Ibid.) Following the completion of mining and reclamation activities, the Canyon Bottom area will be returned to native habitats and would enhance the wildlife movement corridor. (Ibid.) Less than significant impacts are expected with the implementation of this mitigation. 4. Impact: With mitigation, the Proposed Project will not conflict with any local policies or ordinances protecting biological resources. (DEIR, p. 4.3-40 — 41.) Implementation of Mitigation Measure BIO -6 would reduce potentially significant impacts to oak tree species to a less than significant level. (DEIR, p. 4.3-41.) The Project Site supports scrub oak (Quercus berberidifolia, Quercus dumosa) and coast live oak (Quercus agrifolia) in the lower parts of the steep West Side canyon areas in particularly along and adjacent to Drainages 1, 2, and 3. (EIR 4.3-40.) The inaccessibility of many of the steep drainage areas made it difficult to determine the size and exact number of oak tree species that will be affected by the Proposed Project. (Ibid.) Prior to disturbance of areas with oak trees, Mitigation Measure BIO -6 is required to survey for affected oak trees and to implement required compensation. (Ibid.) The chaparral community on the Project Site includes scrub oaks. Coast live oak (Quercus agrifolia) are far less common due to the steep, dry nature of the slopes on the Project Site. (Ibid.) Typically, coast live oaks are associated with more gently sloping topography, in areas along drainages, or at the base of the steeper slopes. (Ibid.) The jurisdictional delineation survey, which was conducted in the steep drainages, did not identify any coast live oak in or immediately adjacent to the drainages. (Ibid.) Most of the Project -Site is inaccessible due to the steep topography and the dense chaparral. (Ibid.) Therefore, the entire Project Site could not be walked to determine if coast live oak were present. (Ibid.) Aerial photographs were used and it appears that there may be a few scattered oak trees in the areas to be impacted. (Ibid.) As mining progresses in phases on the West Side, access to the inaccessible areas will be opened up and Mitigation Measure BIO -6 is required. (Ibid,) 46 Finding: The implementation of the following Mitigation Measure will bring the Proposed Project in compliance with local policies or ordinances protecting biological resources. BIO -6 Prior to mining activities on undisturbed portions of habitat located on the West Side of the Project Site, these areas will be surveyed and oak tree species will be recorded and quantified to determine if said trees meet the criteria of a protected oak tree. If oak trees are found on-site that have a diameter breast height of 8 inches or more, the Applicant shall either under the supervision of the City relocate the oak trees or plant new trees (with a 15 -gallon minimum box size) along reclaimed drainages at a 3:1 ratio for each tree removed. (EIR 4.3-41.) Supporting Explanation: Having a biologist survey the West Side of the Project Site for oak tree species prior to construction will allow the Applicant to relocate those larger trees or plant new trees along the reclaimed drainages at a high 3:1 ratio will sufficiently preserve the species. (Ibid) The number of oak trees at the Project Site will be equal to or greater than the number without the Proposed Project. (Ibid.) Therefore, impacts will be less than significant. (Ibid.) D. CULTURAL RESOURCES 1. Impact: With mitigation, the Proposed Project will not cause a substantial adverse change in the significance of historical resources as defined in CEQA Guidelines Section 15604.5. (EIR 4.4-5 — 7.) Therefore, impacts would be less than significant. (Ibid.) A cultural resource records search was conducted in January 2009 using the California Historical Research Information System (CHRIS) at the Southern Central Coastal Information Center located at California State University, Fullerton. (EIR 4.4-5.) The purpose of the records search was to determine the extent of previous documentation of archaeological sites and historic resources in the vicinity of the project area. (Ibid.) Materials reviewed included reports of previous cultural resources investigations, archaeological site records, historic maps, and listings of resources on the National Register of Historic Places (NRI -IP), California Register of Historical Resources (CRHR), California Points of Historical Interest, California Landmarks, and National Historic Landmarks. (EIR 4.4-6.) The record search indicated that between 1988 and 2002 seven previous cultural resource investigations were conducted within a one -mile radius of the Project Site. None of these investigations included or overlapped the Project Site. (Ibid.) The records search revealed one prehistoric resource (CA -LAN -241 located approximately 1,485 feet southwest of the Project Site is a small scatter of artifacts consisting of two manes, two scrapers, and one core tool), and one historic resource (P-19- 186917, the Rincon-Red Box-Sawpit Roads Complex). This resource extends for 40 miles in a general east -west direction, and a portion of this road complex can be found 990 feet southwest of the project area. (Ibid.) A field reconnaissance of the Project Site was completed on February 2, 2009 by ECORP Cultural Resources Field Director Jennifer M. Howard, and Field Archaeologist Cary D. Cotterman. (DEIR, p. 4.4-7.) During the pedestrian survey, no prehistoric or historic -period archaeological materials or features were identified. (Ibid.) No historic -age buildings or structures exist within or near the project area. (Ibid.) Although no resources were discovered on the Project Site and the archaeological sensitivity of the project area is considered to be low, in the event. that any archaeological materials are encountered Mitigation Measures CR -1 and CR -2 shall be implemented. (Ibid.) 47 Finding: The following Mitigation Measures will mitigate potential adverse impacts from a substantial adverse change in the significance of historical resources to less than significant levels. CR -1 Azusa Rock personnel working on the Project Site shall receive training from a qualified archaeologist to identify cultural resources and to monitor during excavation operations. Trained personnel shall have the authority to stop work if a potential cultural resource is encountered. In the event that buried cultural resources, including historic or archeological resources, are discovered during construction, operations shall cease in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archeologist shall make recommendations to the Lead Agency on measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. The City shall ensure that recommended measures are implemented by VMC. Measures may include but are not limited to: a detailed mapping of the findings; a recordation of the discovery with appropriate agencies; potential tests (if needed) to evaluate the resources' eligibilityfor listing in the National Register or California Register of Historic Resources; and recovery and curation. A technical report would then be prepared to document field methods and results. (DEIR, p. 4.4-7.) CR -2 In accordance with 36 CFR 800.13(b)(3), the State Historic Preservation Officer and Native American tribe contacts as listed on the letter (dated September 28, 2007) received from Native American Heritage Commission, as well as the Advisory Council on Historic Preservation will be notified within 48 hours of the discovery of any archaeological artifacts. Native American groups will be given the option of accepting recovered artifacts. (DEIR, p. 4.4-7.) Supporting Explanation: The presence of a qualified archeologist on site as needed to evaluate and protect discovered historical resources will mitigation impacts by avoiding the previously -undiscovered and unknown subjects. (DEIR, p. 4.4-7.) Notification of appropriate Native American entities further protects any archaeological resources by assuring detection, understanding, and appropriate treatment. (Ibid.) 2. Impact: With mitigation, the Proposed Project is not expected to cause a substantial adverse change in the significance of an archaeological resources pursuant to CEQA Guidelines Section 15604.5. (DEIR, p. 4.4-7 — 9.) A cultural resource records search was conducted in January 2009 using the California Historical Research Information System (CHRIS) at the Southern Central Coastal Information Center located at California State University, Fullerton. (DEIR, p. 4.4-8.) The purpose of the records search was to determine the extent of previous documentation of archaeological sites and historic resources in the vicinity of the project area. Materials reviewed included reports of previous cultural resources investigations, archaeological site records, historic maps, and listings of resources on the National Register of Historic Places (NRNP), California Register of EN Historical Resources (CRHR), California Points of Historical Interest, California Landmarks, and National Historic Landmarks. (Ibid) The record search indicated that between 1988 and 2002 seven previous cultural resource investigations were conducted within a one -mile radius of the Project Site. (Ibid.) None of these investigations included or overlapped the Project Site. (Ibid.) The records search did not reveal any archaeological resources within the vicinity of the project site. (Ibid.) Also, tribal consultation has been attempted, but no responses from the tribal contacts have been received. (Ibid) Lastly, a field reconnaissance of the Project Site was completed on February 2, 2009. (Ibid.) During the pedestrian survey, no prehistoric or historic -period archaeological materials or features were identified. (Ibid.) No historic -age buildings or structures exist within or near the project area. (Ibid.) Although no resources were discovered on the project site and the archaeological sensitivity of the project area is considered to be low, in the event that any archaeological materials are encountered implementation of mitigation measures CR -1 and CR -2 would ensure potential impacts are reduced to a less than significant impact. (Ibid.) Finding: The following Mitigation Measures will mitigate potential adverse impacts from a substantial adverse change in the significance of archeological resources to less than significant levels. CR -1 See supra. CR -2 See supra. Supporting Explanation: The presence of a qualified archeologist on site as needed to evaluate and protect discovered archeological resources will mitigation impacts by avoiding the previously -undiscovered and unknown subjects. (DEIR, p. 4.4-7.) notification of appropriate Native American entities further protects any archaeological resources by assuring detection, understanding, and appropriate treatment. (Ibid.) 3. Impact: With mitigation, the Proposed Project would not directly or indirectly destroy a unique paleontological resource or site or unique geological feature. (DEIR, p. 4.4-9 — 10.) Finding: The following Mitigation Measure will mitigate potential adverse . impacts to a unique paleontological resources or sites or unique geological feature to a level of less than significant. (DEIR, p. 4.4-9 —10.) CR -3 Mine personnel shall receive pre project paleontological recognition training from a qualified paleontologist. Any possible fossils encountered in the unconsolidated gravels shall be marked with a 50 foot exclusion radius until the qualified paleontologist can respond to the unanticipated discovery. The paleontologist shall then map and record the discovery, test, (if needed) and evaluate the resource in accordance with applicable State regulations. A technical report shall be prepared to document methods and results. If the paleontologist determines that the resource is unique, recovery and curation of the resource shall be required. (EIR 4.4-10.) 49 Supporting Explanation: The presence of a qualified paleontologist on site as needed to evaluate and protect discovered paleontological resources will mitigate impacts by ensuring that work activities are halted such that unique resources are not destroyed before in- depth evaluation of a find is conducted. If the resources are determined to be unique, recovery and curation of the resource will be required, thereby preventing its destruction. On this basis, impacts would be reduced to less than significant. 4. Impact. The Proposed Project would not disturb human remains, including those interred outside formal cemeteries. (DEIR, p. 4.4-10 — 11.) However, Mitigation Measure CR -4 will reduce such impacts to less than significant levels. (Ibid.) A Paleontological Resource Assessment for the Proposed Project's approximate 80 -acre disturbance area was conducted by Cogstone in September 2009 (Volume II, Technical Appendices, Appendix C.4.2). (DEIR, p. 4.4-9.) The purpose of the Assessment was to determine the potential project impact on any paleontological resources within the Project Site. Paleontological resources are determined to be fossils or assemblages of fossils that are unique, unusual, rare, uncommon or diagnostically important. (Ibid.) The Project Site is located in the San Gabriel range of which metamorphic and plutonic rocks form the core, including diorites and dikes. (Ibid.) These rock units make up approximately 1/4 of the Project Site. (Ibid.) None are fossiliferous due to high heat and rock deformation. Overlaying these basement rocks in some areas are quaternary,older gravel sediments deposited by San Gabriel River and its tributaries. (Ibid.) These sediments represent '/4 of the Project Site. (Ibid.) A paleontological records search was requested from the Natural History Museum of Los Angeles County, Department of Vertebrate Paleontology. (Ibid) This was supplemented by online database searches with the Los Angeles County Museum Department of Invertebrate Paleontology, the University of California Museum of Paleontology, and the literature. (Ibid.) No sources revealed known fossils within one mile of the Project Site. (Ibid.) The National History Museum noted that there is a possibility of fossils in quaternary sediments. (Ibid.) In September 2009, a field visit of the Project Site was conducted. (Ibid.) The Project Site was observed to be entirely covered with shrubs and grasses except for a single dirt road. (Ibid.) The road had not been maintained in recent years and was not accessible to vehicular traffic. (Ibid) The Quaternary Older Gravel sediments were visible along the road and were unconsolidated (loose). (Ibid.) The basement rocks of the Project Site (gneiss, quartz diorite and basalt dikes) had minimal vegetation except along the hill tops. (Ibid.) Knowledge of the geological formations and records of previous fossils recovered from them are the basis for determining the paleontological sensitivity of a project site. (Ibid.) The Potential Fossil Yield Classification (PFYC) system utilizes five categories recommended by the U.S. Forest Service and U.S. Bureau of Land Management. (Ibid.) The results of the assessment of paleontological sensitivity for the Project Site indicate that much of the site has low sensitivity. (Ibid.) Most rock units located in the Project Site, including the existing mining area on the East Side have no potential to produce fossils due to high heat and deformation during deposition. (DEIR, p. 4.4-10.) One rock unit, the Quaternary Older Gravel, has a low potential to yield fossils. (Ibid.) One fossil, mammoth (Jefferson 1991), is known from San Dimas (10 miles east of Project Site) in this type of sediment. (Ibid.) 50 Therefore, in order to account for any potential paleontological resources uncovered during mining activities, Mitigation CR -3 shall be implemented. Findin : The following Mitigation Measure will reduce impacts to human remains to less than significant levels. (DEIR, p. 4.4-10 — 11.) CR -4 If human remains of any kind are found during mining activities, all activities must cease immediately and the Los Angeles County Coroner and a qualified archaeologist must be notified. The Coroner will examine the remains and determine the next appropriate action based on his or her findings. If the Coroner determines the remains to be of Native American origin, he or she will notify the Native American Heritage Commission. The Native American Heritage Commission will then identify the most likely descendants to be consulted regarding treatment and/or reburial of the remains. If a most likely descendant cannot be identified, or the most likely descendant fails to make a recommendation regarding the treatment of the remains within 48 hours after gaining access to them, VMC shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. Supporting Explanation: There is always the potential for ground -disturbing activities to uncover previously unknown buried human remains. (DEIR, p. 4.4-10.) Should this occur, federal laws and standards apply including the Native American Graves Protection and Repatriation Act and its regulations found in the Code of Federal Regulations at 43 CRF 10. (Ibid.) In the event of an accidental discovery or recognition of any human remains, California State Health and Safety Code Section 7050.5 dictates that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to CEQA regulations and Public Resource Code Section 5097.98. (Ibid.) Furthermore, during mining activities, Mitigation Measure CR -4 will be implemented. (Ibid.) This will ensure that impacts are reduced to less than significant. E. GEOLOGY AND SOILS 1. Impact: The Proposed Project could expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving rupture of a known earthquake fault, strong seismic ground shaking, seismic -related ground failure, including liquefaction, and landslides. (EIR 4.5-11 — 17.) With mitigation, however, these impacts would be less than significant. (Ibid.) Earthquake Fault Rupture No Alquist-Priolo Earthquake Fault Zones traverse the Project Site. (EIR 4.5-11.) There are no known exposed earthquake faults at the Project Site and therefore no evidence of potential direct impact on the Project Site by surface rupture. (Ibid.) The risk of surface rupture will not be increased by mining or reclamation operations at the Project Site. Therefore, the potential impact from fault rupture is less than significant. (Ibid.) A number of faults could affect the Project Site indirectly by subjecting the Project Site to strong ground motion which could cause landsliding or liquefaction. (Ibid.) These potential impacts are discussed separately, below. (Ibid.) 51 Strong Seismic Shaking The strength of ground motion is strongly influenced by the magnitude of the event and the distance between the fault and the Project Site. (Ibid.) The nearest fault is the Sierra Madre fault, which is capable of generating some of the largest earthquakes (MW>7.0) in the region. (Ibid.) Thus, the Sierra Madre fault is the controlling earthquake' source. Another fault in the region that could cause larger earthquakes is the Mojave section of the San Andreas fault, which was the location of an magnitude 7.9 event in 1857. (Ibid.) However, the San Andreas fault is approximately 31 kilometers (19 miles) from the Project Site, so strong ground motion will attenuate to levels less than those likely to be generated by the Sierra Madre fault. (Ibid.) The Sierra Madre fault is the greatest potential seismic hazard at the Project Site and will control the seismic design. (EIR 4.5-12.) In accordance with the 2007 CBC, the peak horizontal ground acceleration (PHGA) at the Project Site for the design earthquake is 0.71g. (Ibid) Implementation of these design parameters by the City in approving any new structures at the Project Site will result in impacts that are less than significant. (Ibid.) The hazard of ground shaking to the reclaimed slopes, and its mitigation, is addressed quantitatively and qualitatively in the following sections. (Ibid.) Landsliding and Slope Stability The stability of the proposed final mine slopes is addressed separately for the East Side and West Side of the quarry based on the differences in the overall character of the materials in the east and west sides. (Ibid.) Kinematic analysis, a three-dimensional approach that accounts for the orientations of known discontinuities (fractures, joints, faults) and their orientations with respect to the finished slope faces was utilized on both sides of the quarry. (Ibid.) This approach does not yield a conventional factor of safety. Rather, it indicates the presence or absence of potentially unsupported failure planes that could cause landsliding and/or raveling of slopes. (Ibid.) For the East Side of the Proposed Project, a conventional limit equilibrium analysis was also applied, due to the high degree of fracturing and weathering of the rock on the East Side. (Ibid.) The limit equilibrium analysis utilized is a static and seismic analysis of two-dimensional conditions that yields conventional factors of safety, in this case, for circular failure planes. (Ibid.) For the West Side, a relatively new (2009) finite element limit equilibrium analysis was also applied. (Ibid.) This method does yield conventional factors of safety. (Ibid.) The rock mass and discontinuity characteristics of the Project Site were analyzed relative to the stability of the final slopes proposed for the reclamation plan. (DEIR, p. 4.5-16.) With regard to CEQA significance criteria and stipulations of SMARA and associated regulations, the currently available data indicate that the slope stability for the proposed reclamation plan slopes is suitable to the proposed open space end use of the Project Site. (Ibid.) All slopes in this area of the San Gabriel Mountains, including both natural slopes and mined/reclaimed slopes, may experience slips and rock falls under earthquake shaking from a large (magnitude 7) nearby earthquake. (Ibid.) The minimum static FOS for the eastern quarry was found to be 1.43 to 1.6. (Ibid.) However, the material used in the buttress fill must be sufficiently large and angular to provide high cohesion and shear strength values. (Ibid.) The material should be lab tested prior to use; values too low may necessitate further shallowing of the buttress fill slope. (Ibid.) For the West Side quarry area and the southern portion of the East Side quarry area, the majority of planar geologic discontinuities were found to have physical characteristics (joint roughness, short 52 continuity, no aperture, etc.) favorable for stable slopes and were favorably oriented (i.e. random and steeply dipping) with very few out -of -slope (daylighted) orientations. (Ibid.) Stereonet analysis indicates the proposed final slopes would be stable (minimum factor of safety of 1.4) under normal static conditions once the slope angles have been reduced and the slopes revegetated. (Ibid.) Application of recent finite element techniques to the West Side mine slope yields a lower bound FOS greatly exceeding the target FOS of 1.5 and clearly indicates that the mined slopes are much more stable than the natural slopes because the highly weathered rock and overburden material have been removed by mining. (Ibid.) The stability of the final reclaimed slopes under the Proposed Project is expected to be as good or better than the surrounding natural slopes. (Ibid.) Mitigation measures are provided below to further reduce any potentially significant impacts to a level of less than significant. (Ibid.) Finding: While nothing can be done to reduce earthquake potential at the Project Site, any measures that increase the static stability of the final slopes will also decrease the likelihood of seismically induced landslides. (Ibid.) The following Mitigation Measures and Project Design Features will assure stability in the final reclaimed slopes, resulting in a less than significant impact. GS -1 Fill material selection and testing. The buttress fill constructed at the toe of the eastern slope to improve its stability shall be constructed of material with a shear strength of equal or better than friction angle of 45 o and cohesion of 500 psf. To ensure that these criteria are met, the fill material shall be laboratory tested prior to use. Due to the coarse gradation of the on-site fill available, specialized laboratory shear testing may be required. If laboratory test results indicate that the cohesion of the fill is insufficient, sufficiently strong material could potentially be obtained through the addition of geosynthetic fibers (Geofibers) or application of a geogrid; materials shall be approved by the City of Azusa. (DEIR, p. 4.5-17.) GS -2 Geologic mapping of actual cut slopes. The existing natural and cut slopes are on the order of 1/4 -mile from the planned final cut slopes. Considering the highly fractured, discontinuous nature of the rocks, it is possible that the planar discontinuity orientations within the final cut will be significantly different than the present exposures. The orientation of the cut slopes can be a major factor since slopes oriented such that discontinuities are daylighted (i.e. unsupported) will be more susceptible to slides than slopes with discontinuities dipping into slope or neutral to the slope face. The Applicant shall provide additional studies to determine the orientation and characteristics of the rock- mass discontinuities and of the cut slopes, to provide further mitigation of slope failure. By mapping and monitoring cut -slope discontinuities, slope cuts can be oriented to minimize adverse relationships thereby reducing the slide potential. In certain areas, adjusting the design of future phase bench widths and sequencing would mitigate the hazards.(DEIR, p. 4.5-17.) PDF -2 See supra. PDF -3 See supra. PDF -4 Final reclaimed slopes are to be contoured horizontally and vertically to mimic 53 the pre -mining contours, incorporating vertical articulation thereby eliminating negative aesthetic elements. Supporting Explanation: A stable buttress fill on the eastern slope and additional studies to determine the orientation and characteristic of the discontinuities in mass and cut slopes will reduce potential impacts. (DEIR, p. 4.5-17.) The buttress will serve to support the eastern slope thereby making it more resistant to earthquakes and landslides. (Ibid.) Likewise, a greater understanding of the cut slope discontinuities will result in slope cut orientations that minimize slide potential. (Ibid.) Having this knowledge before making the cuts will reduce potential impacts to less than significant levels. (Ibid.) F. HYDROLOGY AND WATER QUALITY 1. Impact: The Proposed Project could 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. (EIR 4.7-17.) With mitigation, this impact is reduced to less than significant levels. (Ibid.) Finding: The following Mitigation Measure and Project Design Features will reduce impacts to the existing drainage pattern of the site to less than significant levels. HWQ-1 The Applicant shall be required to expand on-site storm water detention capacity to a minimum of 12 acre-feet for the duration of the mining and reclamation periods. (EIR 4.7-19.) PDF -1 See supra. PDF -2 See supra. Supporting Explanation: The on-site drainage system that will exist throughout the period of active mining and reclamation consists of a series of berms that direct storm water into an on-site detention basin. (DEIR, p. 4.7-17.) From the basin, storm water is allowed to percolate into the groundwater table or evaporate. (Ibid.) The basin also allows sediments in the storm water to settle out, and the NPDES permit covering the site allows this storm water to be discharged if the water quality is equal to or better than that in Fish Creek. Though the Project Site does not typically discharge stormwater, the permit allows draining the basin during wet periods to provide capacity for new storm water after sediments have settled out. (DEIR, p. 4.7- 18.) To evaluate the ability of the on-site detention basin to contain site storm water during mining and reclamation operations, consultant ENV America calculated the direct runoff from the Project Site according to the Rational Method. Approximately 160 acres of the Project Site drain into the settling basin (approximately 110 acres from the West Side, 40 acres from the East Side, and 10 acres from the valley floor). (Ibid.) The runoff volumes generated by the current site configuration under a 20 -year, 1 -hour storm event (intensity of —1.3 to —1.45 inches/hour) was shown to not be fully detained by the on-site basin and would overflow down Fish Canyon Road (calculated volumes range from —10.5 to —14.5 acre feet compared to a basin volume of 9.8 acre feet). (Ibid.) As problems with basin overflow have not been reported during the site history, it is possible that the runoff coefficient used in the model was overestimated. (Ibid.) For example, 54 storm water percolation through the fill material along Fish Creek may be more significant than assumed. (]bid.) ' However, ENV America recommends either expanding the current basin or beginning excavation on a new area in order to provide a safety factor for containing a 20 -year, 1 -hour storm event or larger. (Ibid) Currently, the site basin can contain runoff from approximately a 10-year/1-hour event (Ibid.). It should be noted that the total site drainage acreage, which is unaffected by the proposed revision to the Conditional Use Permit and Reclamation Plan, determines the volume of runoff. (Ibid.) Therefore, this site storm water retention capacity should be expanded regardless of the status of approval of the revised plan. (Ibid.) Should the basin overflow, there is potential for site storm water to flow down or across Fish Canyon Road and reach the San Gabriel River. (Ibid.) Therefore, Project Site storm water retention capacity should be enlarged from 9.8 acre feet to at least 12 acre feet, which is a volume that could contain drainage from 160 acres during a 20 -year, 1 -hour storm event with a runoff coefficient of approximately 0.65. (Ibid.) A storm water detention capacity of 14 to 16 acre feet would be more conservative and potentially contain runoff from storms larger than the 20 -year, 1 -hour storm event. (Ibid.) After site reclamation is complete, the Project Site will be left as open space and all storm drainage systems (berms and an on-site detention basin) will be removed; the condition of exceeding drainage capacity will no longer apply. (DEIR, p. 4.7-19.) Site storm water will flow directly into Fish Creek, which flows into the San Gabriel River. (Ibid.) As discussed above, the net volume of storm runoff from the Project Site flowing into Fish Creek is slightly increased by the Proposed Project (because the drainage acreage is larger), but the quality of this water is not expected to differ significantly from that of surrounding natural drainages. (Ibid.) Flow volumes and rates coming off of the East Side of the Project Site are very similar to those that would be found under premining conditions, while flow rates exiting the West Side of the Project Site are slower than those in the baseline natural condition. (Ibid.) The decreased flow rates will cavy decreased loads of suspended sediments and other storm debris. (Ibid.) The Project Site should expand the existing storm water detention capacity to at least 12 acre feet for the duration of mining and reclamation operations. (Ibid.) By expanding the on-site storm water detention capacity, any additional runoff generated as a result of the Proposed Project will be detained on-site. Therefore, impacts would be less than significant. 2. Impact: The Proposed Project would not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems. (DEIR, p. 4.7- 22.) With mitigation, impacts are less than significant. (Ibid.) Findine: The following Mitigation Measure and Project Design Features will reduce impacts to the capacity of existing or planned storm water drainage systems to less than significant levels. HWQ-1 See supra PDF -1 See supra PDF -2 See supra Wi Supporting Explanation: By expanding the on-site storm water detention capacity, any additional runoff generated as a result of the Proposed Project will be detained on- site. (EIR 4.7-18.) Therefore, impacts would be less than significant. (Ibid.) See also discussion of Hydrology Impact 1 in this Section of the Resolution, above. 3. Impact: The Proposed Project would not significantly alter that flow velocity or volume of stormwater runoff in a manner that results in environmental harm. (EIR 4.7-22.) With mitigation, impacts would be less than significant. (Ibid.) Finding: The following Mitigation Measure and Project Design Features will reduce impacts associated with the velocity or volume of stormwater runoff to less than significant levels. HWQ-1 See supra. PDF -1 See supra. PDF -2 See supra. Supporting Explanation: By expanding the on-site storm water detention capacity, any additional runoff generated as a result of the Proposed Project will be detained on- site. (EIR 4.7-18.) Therefore, impacts would be less than significant. (Ibid.) See also discussion of Hydrology Impact I of this Section of the Resolution, above. 4. Impact: The Proposed Project could substantially degrade water quality. (DEIR, p. 4.7-23.) With mitigation, the impacts would be less than significant. (Ibid.) Finding: The following Mitigation Measure and Project Design Features will reduce impacts to the quality of runoff leaving the site to less than significant levels. HWQ-1 See supra. PDF -1 See supra. PDF -2 See supra. Supporting Explanation: By expanding the on-site storm water detention capacity, any additional runoff generated as a result of the Proposed Project will be detained on- site. (EIR 4.7-18.) Therefore, impacts would be less than significant because of the water quality improving qualities of such facilities, and of the site's SWPPP in general. (Ibid.) See also discussion of Hydrology Impact 1 of this Section of the Resolution, above, and discussion of impacts in Section 2, F. Hydrology and Water Quality, above. G. NOISE AND VIBRATION 1. Impact: The Proposed Project would expose people or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. (EIR 4.9-9.) However, with mitigation, these impacts would be less than significant. (Ibid.) 56 Finding: The following Mitigation Measures will reduce potentially significant impacts associated with ambient noise to less than significant levels. (EIR 4.9-16.) N-1 Mining activities shall only be permitted within Phases I -W and H—W along the western and southern boundary of the Project Site during the defined construction hours of 7 a.m. to 6p.m. N-2 During all excavation, hauling, and processing of materials, the operator shall equip equipment with properly operating and maintained mufflers, stationary engine enclosures, or other noise suppression devices consistent with manufacturers' standards. N-3 Blasting shall only be conducted between the hours of 10 a. m. and 6 p.m. Monday through Saturday with no blasting allowed on Sundays or holidays. Supporting Explanation: As mining activities daylight in the far northwest corner of the West Side during Phases I -W and II -W and prior to excavating behind the existing terrain, noise attenuation from the intervening topography is lost towards the residential area approximately one mile to the south-southwest in Duarte. (DEIR, p. 4.9-15.) Daytime noise standards would be met in Duarte, however, baseline nighttime noise levels already exceed nighttime standards. (Ibid.) The Proposed Project noise levels would not increase existing nighttime noise levels or exceed the incremental change threshold of 5 dB. (Ibid.) In order to avoid any substantial noise impact, mitigation measures are required. (]bid.) Implementation of Mitigation Measures N-1 through N-3 would reduce potentially significant impacts during nighttime hours to less than significant and reduce noise impacts to residences in Duarte to less than significant through the use of mufflers and other noise suppression devices. (Ibid.) Compliance with City of Azusa and City of Duarte noise regulations, defining certain construction, blasting, and operating hours, and implementing noise control measures will help assure that future noise impacts remain at less than significant levels. (Ibid.) 2. Impact: The Proposed Project could have a substantial permanent increase in ambient noise levels in the project vicinity about levels existing without the project. However, these impacts will be mitigated to less than significant levels. (EIR 4.9-18.) Finding: Implementation of Mitigation Measures N-1 through N-3 would reduce impacts associated with the Proposed Project's ambient noise level increases to a level of less than significant. N-1 See supra. N-2 See supra. N-3 See supra. Supporting Explanation: Implementation of Mitigation Measures N-1 through N- 3 would reduce potentially significant impacts to ambient noise levels to less than significant and reduce noise impacts to residences in Duarte to less than significant. (Ibid.) Compliance with City of Azusa and City of Duarte noise regulations, defining certain construction, blasting, and operating hours, and implementing noise control measures will help assure that future noise 57 impacts remain at less than significant levels by either eliminating the creation of noise at nighttime and by requiring the use of noise control measures that will reduce noise levels coming from equipment. (Ibid.) On this basis, impacts will be less than significant. SECTION 4: RESOLUTION REGARDING ENVIRONMENTAL IMPACTS NOT FULLY MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT. The City Council hereby finds that, despite the incorporation of Mitigation Measures outlined in the Draft EIR and in this Resolution, the following impacts from the Proposed Project and related approvals cannot be fully mitigated to a less than significant level and a Statement of Overriding Considerations is therefore included herein: A. AESTHETICS 1. Impact: The Proposed Project would have a significant impact on scenic vistas from Viewpoint 5 — Various Duarte Residences. (DEIR, p. 4.1-32.) Finding: Although the following Mitigation Measure and Project Design Features have been incorporated into the Proposed Project, the City of Azusa finds that impacts on scenic vistas from Viewpoint 5 — Various Duarte Residences (Impact AES 1-5) would remain significant and unavoidable and a Statement of Overriding Considerations is required. (Ibid.) AES -1 In order to reduce potential impacts associated with the west quarry ridgeline, a 20 -foot operating berm shall be maintained in place during the west quarry's Phase II -W mining as outlined in Draft EIR Figure 4.1-38. This will obscure equipment from view and deflect equipment noise during operations. (DEIR, p. 4.1-37.) PDF -3 Apply a micro -benching methodology to reduce height and width of the stepbenches and include native vegetation as measures to eliminate negative aesthetics elements associated with traditional benching method. (DEIR, p. 4.1- 13.) PDF -4 Final reclaimed slopes are to be contoured horizontally and vertically to mimic the pre -mining contour, incorporating vertical articulation thereby eliminating negative aesthetic elements. (DEIR, p. 4.1-13.) Supporting Explanation: Foreground views include homes and various residential landscaping. (DEIR, p. 4.1-32; DEIR, Figure 4.1-23.) The background views include the foothills of the San Gabriel Mountains, and a view of the Project Site's westernmost 80 acres (the intervening ridgelines preclude views of the rest of the site). (Ibid.) The view in the existing condition has been rated at 15 points. (Ibid.) The view shown in the proposed condition simulation has been rated at 14 points. (Ibid.) It shows that a portion of the proposed westerly slopes would be visible and the contour of the ridgeline would be altered. (Ibid.) Overall, the visual character of the micro -benching mimics the natural form, line, color and texture of the surrounding native terrain, but one point has been deducted from the cultural modification score to account for potential viewer. sensitivities to the appearance of the micro -benches. (EIR 4.1-37.) 58 Interim simulations were prepared for this viewpoint to further identify visual impacts associated with mine phasing. (Ibid.) Three EIR Figures in the EIR simulate the Proposed Project in five-, ten and twenty-year intervals. (Ibid.; see EIR Figures 4.1-24, 4.1-25, and 4.1- 26) By Year 5, the ridgeline contour has been altered and an operation quarry wall is partially visible. (Ibid.) This benched hillside lies in contrast to the surrounding vegetation. (Ibid.) The cultural modification rating deducts 2 points, reducing the rating score to 13. (Ibid.) By Year 10, the exposed hillside has been recontoured and revegetated. (Ibid.) The short-term impacts to views during the first ten years of operations and reclamation are considered significant. (Ibid.) By Year 20, the reconfigured ridgeline and vegetation have been reestablished to reduce the direct visual impacts to less than significant. (Ibid.) However, the removal of the ridgeline as shown, permanently alters the ridgeline as viewed from the southwest and this is considered a significant impact. (Ibid.) Potential views of the site from Duarte will be impacted by 1 point as a result of the Proposed Project. (Ibid.) Potential views of the site from Duarte residences to the southwest of the site for the first ten years of the Proposed Project are considered significant until such time as the mining and reclamation along the ridgeline are completed, and revegetation has had time to adequately cover the disturbed areas. (Ibid.) Potential views of the site from Duarte residences to the southwest of the site are also considered significant due to the permanent alteration of the ridgeline. (Ibid.) While implementation of Mitigation Measure AES -1 would reduce the level of impacts to Duarte residences, impacts would remain significant. (Ibid.) SECTION 5: RESOLUTION REGARDING CUMULATIVE ENVIRONMENTAL IMPACTS A. AESTHETICS Scenic Vistas. From a regional perspective, cumulative impacts to scenic vistas are controlled by each jurisdiction's general plan, development code, and zoning regulations. (DEIR, p. 6-9.) All of the projects in the affected jurisdictions are primarily proposed to be developed adjacent to existing development and within urbanized areas, and are consistent with each jurisdiction's general. (Ibid.) Therefore, overall cumulative impacts are less than significant. (Ibid.) The Proposed Project is designed to ultimately reduce aesthetic impact of the existing mining project through re -contouring previously -mined areas to a more natural appearance. (Ibid.) The Proposed Project actually increases visual rating scores for all receptors except for views from Duarte residences. (Ibid.) However, this increase is not considered to be cumulatively significant as the sensitive receptors identified are limited to a small number of view sheds from the City of Duarte, with no increased impacts to the cities of Azusa, Bradbury, Glendora, and Irwindale, (DEIR, p. 6-10.) Therefore, the Proposed Project's cumulative impacts on scenic vistas is less than significant. (Ibid.) Scenic Resources. Regionally, substantial damage to scenic resources including trees, rock outcroppings, and historical buildings within view of a state highway resulting from the identified cumulative projects is not anticipated. (Ibid.) Although eight of the future projects are along State Highway 39, none are within open space areas or are anticipated to hinder views of scenic resources from the highway. (Ibid.) The projects are planned for more urbanized areas of 59 San Gabriel Valley. (Ibid.) The number of projects that might obstruct views is low and based on their locations and their nature any obstruction would be minimal and their effect is not considered cumulatively significant. (Ibid.) From a project prospective, substantial damage to scenic resources is not anticipated as the Proposed Project is designed to ultimately reduce aesthetic impacts through re -contouring existing views of previously mined areas to a more natural appearance. (Ibid.) Thus the project's contribution would be less than cumulatively considerable, and its cumulative impact is less than significant. (Ibid.) Visual Character. Regionally, the cumulative projects and environs are generally considered urbanized, and are not considered to have a cumulatively significant impact. (]bid.) All proposed projects are located in already developed areas and project conditions on these sites would simply reject continued urban uses. Overall cumulative impacts would be less than significant. (Ibid.) There are no similar projects being proposed within the region and development identified as adjacent to the Angeles National Forest that would cumulatively affect the existing character of the San Gabriel Mountains. (Ibid.) Also, the Project is designed to replicate the natural contours and vegetation existing within the site and the adjacent hillsides. (Ibid.) Therefore, the Proposed Project's contribution would be less than cumulatively considerable , and its cumulative impact is less than significant. (Ibid.) Light and Glare. The cumulative proposed projects would contribute to increased light and glare on a local and regional basis from the increased quality of exterior lights and windows. (DEIR, p. 6-11.) However, the projects are all located in urbanized areas and within cities that do not have Night Sky Ordinances to limit light and glare impacts on stargazing. (Ibid.) Also, accepted building practices call for individual projects to direct lighting downwards and to shield offsite uses from excessive glare. (Ibid.) Therefore, the overall cumulative impact would be less than significant. (Ibid.) The Proposed Project incorporates measures to reduce overspill of light and glare(such as directing light sources downward and into the Project Site.) (Ibid.) This increase would not be cumulatively significant as no other sources of nighttime light are planned or proposed adjacent to the Angeles National Forest. (Ibid.) Therefore, the Proposed Project's cumulative impact is considered less than significant. (Ibid.) B. AGRICULTURAL RESOURCES Prime Farmland. Regionally, the loss of agricultural land uses represents a cumulatively significant impact. (Ibid.) On a project level, there are no prime farmlands and the Proposed Project would not remove any farmland from active production or otherwise adversely affect or contribute to cumulative impacts on farmlands. (Ibid.) The Proposed Project's contribution to the significant overall cumulative impact is less than cumulatively considerable, resulting in a less than significant cumulative impact. (Ibid.) Existing Zoning and Williamson Act. The County of Los Angeles does not participate in the Williamson Act and therefore no regional or project related impacts to Williamson Act contract lands would result. (DEIR, p. 6-12.) Additionally, all listed cumulative projects would 60 be required to comply with respective City zoning ordinances.. (Ibid.) The overall cumulative impact would be less than significant. (Ibid.) Since the Proposed Project would be consistent with existing zoning, its contribution would be less than cumulatively considerable. (Ibid.) The Project's cumulative impact is less than significant. (Ibid.) Conversion of Farmland to Non -Agricultural Use. Loss of agricultural land in Los Angeles County has been occurring due to urbanization and farmland conversions due to cumulative growth is cumulatively significant. (DEIR, p. 6-13.) The Proposed Project would not be located on existing farmland, or on land within the immediate vicinity of agricultural operations. (Ibid.) The Proposed Project would not remove any farmland from production. (Ibid.) As a result, no impacts to farmland would occur and the Proposed Project would not contribute to cumulative impacts from the loss of farmlands. (Ibid.) C. AIR QUALITY Conflict with Air Quality Plan. The South Coast Air Quality Management District's (SCAQMD) most recent Air Quality Management Plan includes growth assumptions and incorporates existing and proposed projects that are contained within each jurisdiction's general plan at buildout. (Ibid.) Therefore the cumulative projects would not conflict or obstruct implementation of the AQMP, since such growth is already assumed in the Plan, which will result in attainment of federal and state Ambient Air Quality Standards. (Ibid.) Thus, the overall cumulative impact is less than significant. (Ibid.) Air Quality Standards. The Proposed Project will not exceed SCAQMD thresholds. (Ibid.) The Proposed Project also includes a reduction in the currently approved annual production rate further reducing emissions contained within the existing AQMP growth projections. (Ibid.) The Project would also be in compliance will all applicable SCAQMD permitting and operating requirements. (Ibid.) Therefore, the Proposed Project's cumulative impact is less than significant. (Ibid.) Criteria Pollutant Increase in Non -Attainment Area. Compliance with the regional mass emissions thresholds results in the Project being deemed to have a less than cumulatively considerable contribution to air quality cumulative impacts, as per guidance from SCAQMD. (DEIR, p. 6-14.) Thus, the Proposed Project's cumulative impact is less than significant. (Ibid.) Sensitive Receptors. Because sensitive receptors are exposed to substantial concentrations locally, not regionally, a cumulative impact is unlikely. (Ibid.) Therefore, the cumulative effect of other projects on a regional basis are not considered to be a significant cumulative effect. (Ibid.) Objectionable Odors. None of the cumulative projects identified in the EIR are known to be of a nature that would create significant amounts of objectionable odors and therefore would not result in a significant cumulative impact in terms of objectionable odors affecting a substantial number of people. (Ibid.) On a project level, the nearest residence is about 0.3 miles away. (Ibid.) The Proposed Project is not proposing to manufacture asphalt or anything else that may generate objectionable odors. (Ibid.) The Proposed Project does not include burning of any hazardous, medical or municipal waste. (Ibid.) Continued mining of the site would not generate objectionable odors and the Proposed Project's contribution is less than cumulatively considerable, and therefore the cumulative impact is less than significant. (Ibid.) 61 Global Climate Change/Greenhouse Gases. Most of California's greenhouse gases are emitted by transportation sources and electric generation. (Ibid.) Automobiles, trucks, airplanes and other transportation sources generate the greatest amount of GHGs in the State. The electric generation sector is the second largest GHG contributor within the State, followed by industrial and agricultural/forestry sectors. Because global warming is acknowledged to be an ongoing problem, the overall impact of GHGs is considered to be cumulatively significant. (Ibid.) As discussed in Draft EIR section 4.13, increases in GHG emissions from the Proposed Project would be below SCAQMD's 10,000 MTCO2e/yr. threshold of significance. Therefore, the Proposed Project's contribution to this impact is considered to be less than cumulatively considerable. The Project's cumulative impact would be less than significant. (DEIR, p. 6-15; 4.13-8.) D. BIOLOGICAL RESOURCES Habitat Modifications. Since the regional proposed projects are located in urban areas, this cumulative impact would be less than significant. (DEIR, p. 6-14.) As discussed in the EIR, only one sensitive plant species, the San Gabriel River dudleya (CNPS list 1B species) was observed during the focused plant survey and mitigation measures are proposed. None of the other listed or sensitive plants that were identified. (Ibid.) The Santa Ana speckled dace, Coast range newt, Two -striped garter snake, southwestern willow flycatcher, Copper's hawk, osprey, and suitable habitat for least Bell's vireo may also be impacted by the projects implementation, however with the mitigation proposed, these impacts would be less than significant on a project level. (Ibid.) The implementation of mitigation and the eventual reclamation of the Project Site would also result in the Proposed Project making a less than considerable contribution to cumulative impacts. Therefore, the Project's cumulative impact is less than significant. (Ibid.) Riparian Habitat and Sensitive Natural Communities. Since each project is required to determine if indirect impacts or cumulative impacts would result from the project, and to mitigate until the impact is less than significant, it is concluded that the overall cumulative impact would be less than significant. (Ibid.) With regard to the Proposed Project's contribution to this cumulative impact, the mining activities on the west side of the Project Site will impact approximately 2.34 acres of state jurisdictional waters and approximately 0.34 acres of federal jurisdictional waters and associated habitat. (EIR 6-16.) No wetlands were identified on the Project Site. Impacts to riparian habitat would be potentially significant. (Ibid.) However, implementation of Mitigation Measure BI0-2 would reduce potentially significant impacts to any riparian habitat identified in local or regional plans, policies, and regulations or by the CDFG or USFWS to a less than significant level. Therefore, the Proposed Project's contribution would be less than considerable, and thus the Project's cumulative impact would be less than significant. (Ibid.) Federally Protected Wetlands. Prior to commencement of any development projects in the region, Applicants are typically required to analyze their project's potential impacts to federally protected wetlands as defined by Section 404 of the Clean Water Act. (Ibid.) If determined necessary, agreements will be required or mitigation lands will be necessary to offset significant impacts to loss of habitat. (Ibid.) This would result in a less than significant overall cumulative impact. (Ibid.) 62 On a project level, no wetlands were found within the Project Site and no impacts to wetlands are anticipated. (Ibid.) Thus, the Proposed Project's contribution to this cumulative impact would be less than considerable. The Project's cumulative impact is therefore determined to be less than significant. (Ibid.) Interference with Migratory, Fish or Wildlife. Since each .project is required to determine if indirect impacts or cumulative impacts would result from the project and to mitigate until the impact is less than significant, and since the related projects and almost all other cumulative growth would occur outside of the San Gabriel Mountains, it is concluded that the overall cumulative impact would be less than significant. (Ibid.) The Project Site has a large area of high disturbance, but the undisturbed coastal sage - chaparral scrub areas are contiguous with open space to the northwest and northeast of the Project Site. (Ibid.) The Fish Creek restoration area on the Project Site is considered a significant corridor, connecting the Fish Creek channel on adjacent Forest Service land with the San Gabriel River. (Ibid.) The Project Site also contains other ridgelines and drainages that may provide connectivity to the San Gabriel River. (Ibid.) However, the undisturbed areas, being adjacent to the disturbed former mine areas and other development; serve more as open space and habitat for plant and wildlife communities and not as a wildlife corridor or linkage. (DEIR, p. 6-17.) Finally Fish Creek Canyon within the property boundaries is a wildlife corridor for both aquatic and terrestrial animal species. (Ibid.) As identified in the EIR, Fish Creek and the restored area of Fish Creek will be avoided by all proposed mine and reclamation activities. Thus, the Proposed Project's contribution will be less than cumulatively considerable, and the Project's cumulative impact would be less than significant. (Ibid.) Local Policies Protecting Biological Resources. Regionally, the Los Angeles County Oak Tree Ordinance has been established to recognize oak trees as significant historical, aesthetic, and ecological resources. (Ibid.) Any development projects in the County region requires developers to conduct surveys of on-site trees that meet the County's criteria for protection. (Ibid.) If determined necessary, agreements will be required to relocate the oak trees or plant new trees along reclaimed drainages as required. (Ibid.) The City of Bradbury's Development Code 9.06.090 is for Tree Preservation and Protection; the City of Glendora's Development Code includes an Indigenous Tree Program for oaks, sycamores, and California bay trees; and the City of Duarte provides tree and vegetation protection in Title 13 of its Development Code. (Ibid.) Neither the cities of Azusa or Irwindale have tree protection ordinances. (Ibid.) Compliance with the County and local cities' ordinances for tree protection will ensure that cumulative impacts in the region are less than significant. (Ibid.) On a project level, Mitigation Measure BIO -6 requires the Applicant to survey undisturbed portions on the West Side of the Project Site prior to mining activities. (Ibid.) If after inventory it is determined that on-site oak trees meet the criteria for protection (having a breast height diameter of 8 inches or greater), the Applicant will be required to either relocate the oak trees or plant new trees along reclaimed drainages at a 3:1 ratio for each tree removed. (Ibid.) Thus, the Proposed Project's contribution would not be considerable, and the Proposed Project's cumulative impact would be less than significant. (Ibid.) HCP/NCCP Compliance. Regionally, the County of Los Angeles has designated sixty- two sites as Significant Ecological Areas (SEAS) in the county. (Ibid.) These sites were selected m in an effort to identify areas that possess uncommon, unique, or rare biological resources and areas that are prime examples of the more common habitats and communities within Los Angeles County. (]bid.) Two of the SEAS are located near the Project Site vicinity and within the area identified for cumulative impacts. (Ibid.) These are: 1) San Dimas Canyon/San Antonio Wash, and 2) San Gabriel Canyon. Certain of the cumulative projects identified may result in indirect impacts to the SEAS and therefore, cumulative impacts would be potentially significant. (Ibid) On a local level, the Proposed Project will result in the direct loss of approximately 80 acres of northern mixed quality chaparral. (Ibid.) However the Project Site does not fall within a Los Angeles County -designated SEA. (]bid.) No other Habitat Conservation Plan, Natural Community Conservation Plan, Habitat Conservation Plan, or state habitat conservation plan has been adopted for the project area. (DEIR, p. 6-18.) Additionally the Proposed Project will not contribute to the significant demise of sensitive or endangered species habitat as the site is located adjacent to the Angeles National Forest which covers 655,387 acres (1,024.0 sq mi), much of which is covered with dense chaparral. (Ibid.) Thus, the Proposed Project's cumulative contribution would be less than considerable, and the Project's cumulative impact therefore would be less than significant. (Ibid.) E. CULTURAL RESOURCES Historical Resources. Impacts to historical resources is largely a site-specific impact, since historical resources are usually located entirely on one site. (Ibid.) Individual projects would be subject to environmental review, and significant historical resources impacts would trigger requirements to adopt mitigation measures or alternatives that avoid these impacts. (Ibid.) Therefore, the overall cumulative impact would be less than significant. (Ibid.) On a project level, the results of the cultural resource records search conducted in January 2009 using the California Historical Research Information System (CHRIS) at the Southern Central Coastal Information Center, found no historic -age buildings or structures exist within or near the project area. (Ibid.) Therefore, implementation of the Proposed Project would have no effect on any historical resources, and would not make any contribution to overall cumulative impacts to historical resources (if any were to exist at all). (Ibid.) Archeological Resources. Regionally, cumulative development would require grading and. excavation that could potentially affect archaeological resources. (Ibid.) CEQA requirements for protecting archaeological resources and the health and safety codes for each of the jurisdictions require an assessment of the likelihood for archaeological resources prior to project approval and construction activities. (Ibid.) Therefore, the overall cumulative impact is less than significant. (Ibid.) On a project level, the results of the cultural resource records search conducted in January 2009 using the California Historical Research Information System (CHRIS) at the Southern Central Coastal Information Center and field reconnaissance of the Project Site concluded that no prehistoric or historic -period archaeological materials or features were identified. (Ibid.) Therefore, implementation of the Proposed Project would result in a less than cumulatively considerable contribution to cumulative impacts to archaeological resources. (Ibid.) Paleontological Resources. Regionally, cumulative development would require grading and excavation that could potentially affect paleontological resources. (DEIR, p. 6-19.). CEQA requirements for protecting archaeological and paleontological resources and the health and safety codes for each of the jurisdictions require an assessment of the likelihood for paleontological resources prior to project approval and construction activities. (Ibid.) Therefore, the overall cumulative impact is less than significant. A Paleontological Resource Assessment for the Proposed Project's disturbance area was conducted and concluded that no sources of fossils have been found within one mile of the Project Site. (Ibid.) Thus, the Proposed Project's would result in a less than cumulatively considerable contribution to cumulative impacts to paleontological resources. (Ibid.) Human Remains. Regionally, cumulative development would require grading and excavation that could potentially affect subsurface resources, including human remains. (Ibid.) CEQA requirements for protecting archaeological resources and the health and safety codes for each of the jurisdictions require an assessment of the likelihood for subsurface resources, including human remains, prior to project approval and construction activities. Therefore, the overall cumulative impact is less than significant. (Ibid.) On a local level, there is always the potential for ground -disturbing activities to uncover previously unknown buried human remains. (Ibid.) Should this occur, federal laws and standards apply including native American Graves Protection and Repatriation Act and its regulations found in the Code of Federal Regulations at 43 CRF 10. (Ibid.) In the event of an accidental discovery or recognition of any human remains, California State Health and Safety Code Section 7050.5 dictates that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to CEQA regulations and Public Resource Code Section 5097.98. (Ibid.) Thus, the Proposed Project would result in a less than cumulatively considerable contribution to cumulative impacts to human remains.(Ibid. ) F. GEOLOGY AND SOILS Earthquakes. Regionally, the cumulative projects could attract an increased number of people to an area exposed to potential effects related to seismic hazards, including rupture. (DEIR, p. 6-20.) However, potentially adverse environmental effects associated with rupture are required to be addressed within the Uniform Building Code. (Ibid.) Adherence to the UBC will reduce the potential cumulative impact to less than significant. (Ibid.) Therefore, overall cumulative impacts associated with rupture are less than significant. (Ibid.) On a project level, no Alquist-Priolo Earthquake Fault Zones traverse the Project Site. (Ibid.) There are no known exposed earthquake faults at the Project Site and therefore no evidence of potential direct impact on the Project Site by surface rupture. (Ibid.) The risk of surface rupture will not be increased by mining or reclamation operations at the Project Site. (Ibid.) Therefore, the Proposed Project would not make a cumulatively considerable contribution, and thus the potential cumulative impact of the Proposed Project from fault rupture is less than significant. (Ibid.) Seismic Ground Shaking. Regionally, the cumulative projects could attract an increased number of people to an area exposed to potential effects related to strong seismic shaking. (Ibid.) Potentially adverse environmental effects associated with seismic shaking are 65 required to be addressed within the Uniform Building Code. (Ibid.) Adherence to the UBC will reduce the potential cumulative impact to less than significant. (Ibid.) Therefore, overall cumulative impacts associated with seismic hazards are less than significant. (Ibid.) On a project level, no Alquist-Priolo Earthquake Fault Zones traverse the Project Site. (Ibid) There are no known exposed earthquake faults at the Project Site and therefore no evidence of potential direct impact on the Project Site by seismic shaking. (Ibid.) The risk of seismic shaking will not be increased by mining or reclamation operations at the Project Site. (Ibid.) Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact would be less than significant. (Ibid.) Liquefaction. Regionally, the cumulative projects could attract an increase number of people to an area exposed to potential effects related to ground failure and liquefaction. (Ibid.) However, potentially adverse environmental effects associated with ground failure and liquefaction are required to be addressed within the Uniform Building Code. (Ibid.) Adherence to the UBC will reduce the potential cumulative impact to less than significant. (Ibid.) Therefore, overall cumulative impacts associated with ground failure and liquefaction are less than significant. (Ibid.) On a project level, no Alquist-Priolo Earthquake Fault Zones traverse the Project Site. (Ibid.) There are no known exposed earthquake faults at the Project Site and therefore no evidence of potential direct impact on the Project Site by seismic -related ground failure or liquefaction. (Ibid.) The risk of surface rupture will not be increased by mining or reclamation operations at the Project Site. (DEIR, p. 6-21.) Therefore, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact from seismic -related ground failure or liquefaction is therefore less than significant. (Ibid.) Landslides. Regionally, the cumulative projects could attract an increase in the -number of people to an area exposed to potential effects related to landslides. However, the cumulative projects will be developed primarily within the San Gabriel Valley away from the San Gabriel mountains and therefore not subject to potential impacts from landslides. In addition, potentially adverse environmental effects associated with landslides are required to be addressed within the Uniform Building Code. Adherence to the UBC will reduce the potential cumulative impact to less than significant. Therefore, overall cumulative impacts associated with landslides are less than significant. (Ibid.) On a project level the potential for landsliding and seismically -induced landsliding is previously addressed. (Ibid.) The geologic units on the Project Site are not susceptible to consolidation, collapse, or subsidence due to groundwater withdraws. (Ibid.) Liquefaction and/or lateral spreading may be a potential hazard within the unconsolidated alluvium of Fish Creek; however this potential impact would not be hazardous to people or structures, as there are no structures proposed within the Fish Creek area or anywhere on-site following reclamation. (Ibid) Therefore, the Project would not make a cumulatively considerable contribution to this impact, and the Project's cumulative impact is therefore determined to be,less than significant. (Ibid.) Soil Erosion. Regionally, potential soil'erosion issues are the subject of multiple local, State, and federal agencies. The SCAQMD regulates soil loss/erosion through Rule 403, the U.S. Environmental Protection Agency, through NPDES and SWPPP requirements, the U.S. Army Corps of Engineers, through Section 404 of the Clean Water Act, the California Department of Fish and Game Section 1600 of the Fish and Game Code (Streambed Alternation), the LARWQCB through Section 401 of the Clean Water Act, and the U.S. Department of Agriculture, Natural Resource Conservation Service. Each of these agencies control and regulate potential top soil and soil loss that can result from erosion. Compliance with these local, State, and federal regulations will ensure that the cumulative projects will not result in substantial soil erosion or loss of topsoil impacts. Therefore, overall cumulative impacts associated soil erosion or loss of topsoil are less than significant. (]bid.) On a project level the Project Site is primarily composed of rock with steep topography and thin soil and is generally not considered susceptible to erosion. The Proposed Project is not expected to result in substantial erosion or loss of topsoil. The Proposed Project includes hydroseeding of the micro -benched hillsides with a mix of native species to further reduce the potential for soil erosion. Thus, the Project would not make a cumulatively considerable contribution to this impact, and therefore the Proposed Project's cumulative impact on soil erosion or loss of topsoil is less than significant. (Ibid) Soil Instability as a Result of the Project. Regionally, the cumulative projects identified on Table 6-1 could attract an increase in the number of people to an area exposed to potential effects related to geologic units or soil that is unstable or would become unstable as a result of the project. (DEIR, p. 6-22.) However, potentially adverse environmental effects associated with these conditions are required to be addressed within the Uniform Building Code. Adherence to the UBC will reduce the potential cumulative impact to less than significant. Therefore, overall cumulative impacts associated with, these conditions are less than significant. (Ibid.) On a project level the potential for landsliding and seismically -induced landsliding is previously addressed. The geologic units on the Project Site are not susceptible to consolidation, collapse, or subsidence due to groundwater withdraw. Liquefaction and/or lateral spreading may be a potential hazard within the unconsolidated alluvium of Fish Creek; however this potential hazardous to people or structures, as there are no structures proposed within the Fish Creek area or anywhere on-site following reclamation. Therefore, the Project would not make a cumulatively considerable contribution to this impact, and thus the Project's cumulative impact is determined to be less than significant. (]bid.) Expansive Soil. Regionally, the cumulative projects identified on Table 6-1 could attract an increase in the number of people to an area exposed to potential effects related to expansive soils. However, potentially adverse environmental effects associated with expansive soils are required to be addressed within the Uniform Building Code. Adherence to the UBC will reduce the potential cumulative impact to less than significant. Therefore, overall cumulative impacts associated with expansive soils are less than significant. (Ibid.) On a project level the site is not located on expansive soils as defined by California Building Code, and no inhabited structures are proposed or will "be left on the site when reclamation is complete. The Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact from expansive soils is therefore determined to be less than significant. (Ibid.) Soils Capable of Supporting Septic Tanks. Regionally, the cumulative projects identified on Table 6-1 will be developed in an urbanized area capable of connecting to sewers for the disposal of waste water. Therefore, cumulative impacts associated with soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems will be less than cumulatively significant. (Ibid.) On a project level the Project Site will be left as open space without any sewage or water facilities at the completion of reclamation. (DEIR, p. 6-23.) A septic tanks system is currently used on-site, no changes to the system are proposed. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) G. HAZARDS AND HAZARDOUS MATERIALS Transport or Disposal. Regionally, cumulative development of the identified projects are not likely to involve the use of large quantities or variety of hazardous products. As discussed in FIR Section 4.6, hazardous materials are highly regulated and subject to control by several regulatory agencies. Regionally, the County of Los Angeles Fire Department, Hazardous Materials Management Division (HMMD) is the Certified Unified Program Agency (CUPA) for the cities of Azusa, Bradbury, Duarte, Glendora, and Irwindale, and responsible for regulating hazardous materials business plans and chemical inventory, hazardous waste and tiered permitting, underground storage tanks, and risk management plans. Any proposed project within the regionally identified area would be required to comply with all applicable regulations relating to the routine transport, use, or disposal of hazardous materials. Thus the overall cumulative impact from the routine transport, use, or disposal of hazardous materials is less than significant. (Ibid.) On a project level the Proposed Project is required to comply with all applicable regulations relating to the routine transport, use, or disposal of hazardous materials. Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Release of Hazardous Materials. Regionally, the County of Los Angeles Fire Department, Hazardous Materials Management Division (HMMD) is the Certified Unified Program Agency (CUPA) for the cities of Azusa, Bradbury, Duarte, Glendora, and Irwindale, and responsible for regulating hazardous materials business plans and chemical inventory, hazardous waste and tiered permitting, underground storage tanks, and risk management plans. Any proposed project within the regionally identified area would be required to comply with all applicable regulations relating to the routine transport, use, or disposal of hazardous materials. Thus the overall cumulative impact from the routine transport, use, or disposal of hazardous materials is less than significant. (Ibid.) On a project level the Proposed Project is required to comply with all applicable regulations relating to the routine transport, use, or disposal of hazardous materials. Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Hazardous Emissions Near Schools. Regionally, the County of Los Angeles Fire Department, Hazardous Materials Management Division (HMMD) is the Certified Unified 68 Program Agency (CUPA) for the cities of Azusa, Bradbury, Duarte, Glendora, and Irwindale, and responsible for regulating hazardous materials business plans and chemical inventory, hazardous waste and tiered permitting, underground storage tanks, and risk management plans. (DEIR, p. 6-24.) Any proposed project within the regionally identified area would be required to comply with all applicable regulations relating to the handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. Thus the overall cumulative impact from the routine transport, use, or disposal of hazardous materials is less than significant. (Ibid.) On a project level, no schools exist within the project area. The nearest school to the site is Valley View Elementary located at 237 Mel Canyon Rd, Duarte, approximately one -mile southwest of the site. Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than. significant. (Ibid.) Hazardous Materials Site. In accordance with CEQA regulations, all projects must be assessed for their possible location on a list of hazardous material sites. Compliance with these regulations will ensure that the projects listed in Table 6-1 do not create a significant hazard to the public or to the environment. Therefore, cumulative impacts associated with hazardous material sites will be less than cumulatively significant. On a project level, a search of available environmental records was conducted. The Project Site was not listed in any of the databases for hazardous sites searched. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, p. 6-24.) Airport LUP. Regionally, none of the identified cumulative projects on Table 6-1 are located within 2 miles of a public use airport, and thus will not create a cumulatively significant impact. Therefore, cumulative impacts will be less than cumulatively significant. (Ibid.) On a project level the Project Site is not located within an airport land use plan or within two miles of a public airport or public use airport. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Private Airstrip. Regionally, none of the identified cumulative projects on Table 6-1 are located within 2 miles of a private airstrip and thus will not create a cumulatively significant impact. (DEIR, p. 6-25.) Therefore, cumulative impacts will be less than significant. On a project level, the Project Site is not located within an airport land use plan or within two miles of a public airport or public use airport. The nearest airport to the site is the El Monte Airport located at 4233 Santa Anita Avenue approximately eight miles southwest of the site. The Proposed Project would not result in an airport safety hazard for people residing or working in the project area. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Emergency Response Plan. Regionally, all project plans are reviewed in each jurisdiction by their respective agencies responsible for emergency response and emergency evacuation plans (Police and Fire). The cumulative projects identified could result in an increase 69 in traffic on roads and could interfere with the response times of emergency vehicles. As these projects are approved various agencies are required to update their Emergency Preparedness Plans to address these potential issues. Therefore, cumulative impacts will be less than significant. (Ibid.) On a project level, the Proposed Project is located in the northern portion of the City of Azusa and is not identified as being within an emergency response plan or emergency evacuation plan. Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid) Exposure to Wildland Fires. Regionally, the State Board of Forestry and the California Department of Forestry and Fire Protection (CDF) have drafted a comprehensive update of the fire plan for wildland fire protection in California. The planning process defines a level of service measurement, considers assets at risk, incorporates the cooperative inter -dependent relationships of wildland fire protection providers, provides for public stakeholder involvement, and creates a fiscal framework for policy analysis. The County of Los Angeles Fire Department is one of six Contract Counties that maintain a contractual relationship with CDF and utilizes the California Fire Plan within Los Angeles County as the primary wildland fire protection plan. Compliance with these regulations and agencies' plans will prevent cumulative projects from becoming a cumulatively significant impact. Therefore, cumulative impacts will be less than significant. (Ibid.) On a project level, the Project Site is located in a region that the County of Los Angeles Fire Department identifies as a "High Fire Area" and subject to regulations relating to fuel modification plans for any structures over 120 square feet. As the Proposed Project does not include any structures within 200 feet of the National Forest, there would be no impact. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, pp. 6- 25 to 6-26.) Safety Issues. Regionally and locally, potentially significant safety issues are addressed through a myriad of local, County, State, and federal agencies. Each jurisdiction identified in the cumulative project list utilize city building and safety departments, police/sheriff and fire agencies, County fire agencies, the California Occupational Safety and Health Administration, and the federal Occupational Safety and Health Administration, standards to minimize safety hazards. In addition, each jurisdiction's general plan contains a Safety Element specifically charged with identifying and mitigating potential adverse safety issues. Compliance with each jurisdiction's general plan and adherence to the rules and regulations promulgated by the various agencies responsible for safety will ensure significant safety issues can be mitigated/avoided to a less than significant level. Consequentially the overall cumulative impact from safety issues would be less than significant. (DEIR, p. 6-26.) On a project level, the same rationale (i.e., compliance with applicable laws and regulations) would apply to the contribution of the Proposed Project to the overall cumulative impact. Access to the Fish Canyon Trail has been provided by VMC employee escort in the past arid currently is provided on request. Upon implementation of the Proposed Project, escorts will continue as requested and/or necessary. Hikers wishing to access the trail through the Project Site are escorted via a van from the mine entrance/office site to the trailhead located at the 70 entrance to Fish Canyon. Azusa Rock Quarry personnel request that at least one hiker carry a wireless telephone (cell -phone) and call the office upon returning to the trailhead. Alternatively if none of the hikers possess a cell phone, Azusa Rock Quarry personnel provide a hand-held radio that can be used to request an escort from the trailhead back to the parking area, thereby avoiding potential adverse safety issues. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) H. HYDROLOGY AND WATER QUALITY Runoff. Regionally, all projects within the area and region are required to comply with local, regional, state and federal surface water and drainage regulations and management plans during construction and after completion including: NPDES, SWPPP, Hazardous Materials Business Plan, Sections 404 Permits and 404 Certification, California Fish and Game Code 1600 Stream Alteration Agreements, Municipal Stormwater Management Plans, and Sewer System Capacity Management and Permitting Regulations. (EIR 6-27.) These plans and regulatory requirements are intended to accommodate demand and prepare for capacity of regionally permitted projects prior to permitting and online demand. Cumulative impacts associated with area projects are less than significant. (DEIR, pp. 6-26 to 6-27.) On a project level, the quarry currently operates under a NPDES permit issued by the LARWQCB and is compliant with applicable water quality standards and discharge requirements. Though currently the site detains all storm water rather than discharging, the NPDES permit allows for discharge if the quality of the water to be discharged is equal to or better than the water quality of Fish Creek. Water runoff from the mined slopes prior to reclamation will continue to be detained in on-site basins. Furthermore, continued compliance with the NPDES permit issued by the LARWQCB will insure the mining and reclamation operations will not create or contribute runoff water that would violate any water quality standards or waste discharge requirements. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, p. 6-27.) Also, after reclamation is complete, the Project Site will be revegetated and left as open space. Water runoff from the revegetated, open space Project Site will not differ appreciably from existing runoff from the open space adjacent to the site, and thus will not degrade water quality or violate water quality standards. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Stormwater Discharge. Regionally, and on a project level, the State Board Resolution 88-63 and Regional Board Resolution No. 89-03 states that "All surface and ground waters of the State are considered to be suitable, or potentially suitable, for municipal or domestic water supply and should be so designated by the Regional Boards...". In adherence with these policies, all inland surface and ground waters have been designated as MUN — presuming at least a potential suitability for such a designation. Spreading basins located to the east and downstream of the site are operated by the Los Angeles County Flood Control District and primarily serve for storm water detention during storm events. No beneficial uses of receding waters would be impacted as the on-site detention basin is designed so that no stormwater would be discharged 71 from the Project Site. Therefore, cumulative impacts will be less than significant and the Proposed Project's contribution to cumulative impacts is less than significant. (DEIR, pp. 6-28.) Harm to Biological Integrity of Waterways. Regional impacts are discussed above and are determined to be less than significant. On a project level, the quarry currently operates under a NPDES permit issued by the LARWQCB and is compliant with applicable water quality standards and discharge requirements. The control of pollutants associated with the quarry activities that may affect the quality of storm water discharges and thereby beneficial uses of surface or ground waters, is identified in the site's SWPPP prepared to meet the General Permit requirements. (EIR 6-29.) The Azusa Rock Quarry SWPPP is dated February 15, 2005 and contains site-specific BMPs that are implemented to minimize storm water impacts to water quality. The BMPs are included in Exhibit D of the SWPPP. The SWPPP also requires regular monitoring, inspections, and record keeping to evaluate the effectiveness of BMPs and the need for updating the SWPPP. Regular monitoring reports are also submitted in an annual report to the LARWQCB in accordance with the General Permit. (DEIR, pp. 6-28 to 6-29.) Furthermore, the site also operates under a Hazardous Materials Business Plan, which contains basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of on-site. An SPCCP is in place to address potential spills of -certain hazardous materials and includes spill response instructions. Upon development and approval of a SWPPP and Hazardous Waste Business Plan for the proposed quarry operations and reclamation, potential impacts to the biological integrity of waterways would be less than significant. Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, p. 6-29.) Violate Water Quality Standards or Waste Discharge Requirements. Regional impacts are discussed above, cumulative impacts are less than significant. (DEIR, pp. 6-27, 6- 29.) On a project level, after reclamation is complete, the Project Site will be revegetated and left as open space. Water runoff from the revegetated, open space Project Site will not differ appreciably from existing runoff from the open space adjacent to the site, and thus will not degrade water quality or violate water quality standards. (DEIR, p. 6-27.) The quarry also currently operates under a NPDES permit issued by the LARWQCB and is compliant with applicable water quality standards and discharge requirements. The control of pollutants associated with the quarry activities that may affect the quality of storm water discharges and thereby beneficial uses of surface or ground waters, is identified in the site's SWPPP prepared to meet the General Permit requirements. The Azusa Rock Quarry SWPPP is dated February 15, 2005 and contains site-specific BMPs that are implemented to minimize storm water impacts to water quality. The BMPs are included in Exhibit D of the SWPPP. The SWPPP also requires regular monitoring, inspections, and record keeping to evaluate the effectiveness of BMPs and the need for updating the SWPPP. Regular monitoring reports are also submitted in an annual report to the LARWQCB in accordance with the General Permit. (DEIR, p. 6-29.) Furthermore, the Project Site also operates under a Hazardous Materials Business Plan, which contains basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of on-site. An SPCCP is in place to address potential spills of 72 certain hazardous materials and includes spill response instructions. Upon development and approval of a SWPPP and Hazardous Waste Business Plan for the Proposed Project, potential impacts with regard to violating water quality or waste discharge standards would be less than significant. (DEIR, pp. 6-29 to 6-30.) Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, p. 6-30.) Groundwater Supplies. The region is within the San Gabriel Valley Groundwater Basin, which is an adjudicated basin stipulating the availability and use of groundwater for domestic and industrial purposes. Imported water supply within this basin is provided by the Metropolitan Water District of Southern California (MWD). All projects must comply with a regional groundwater management plan utilizing existing water rights or purchasing water from appropriate purveyors with available supply. Overdraft of resources is compensated by interagency transfers and purchases conducted by the regional water purveyor. Although the cost of mitigation is high, impacts associated with groundwater supplies are not considered cumulatively significant since the Basin Watermaster acts to ensure that long-tern overdraft will not occur, such as through the imposition of the payment of replenishment fees for overproduction of groundwater. (]bid.; DEIR, p. 4.12-7.) On a project level, the groundwater elevation at the site is estimated to be greater than 700 feet amsl. The aquifer material below the site is hard rock and groundwater is likely present in the open fractures of the rock. A groundwater production water well (non-potable) is located across the San Gabriel River channel at the former Owl Rock Mine facility and is utilized for daily operations at the Project Site. No groundwater will be used after reclamation is completed; therefore, neither the groundwater supply, nor volume, nor level will be depleted or lowered as a result of the project. Furthermore, during implementation of the Proposed Project, water usage from the Basin will be within the framework provided by the Basin's adjudication. Therefore, production of groundwater would either be from the Basin Safe Yield or subject to the payment of replenishment fees for maintenance of Basin's long-term aquifer levels and sustainability (DEIR, p. 4.12-7.) Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. Interfere with Existing Drainage. Alterations to rivers, streams and waterways are subject to procedures to review and approve stream alterations through both state (California Department of Fish and Game 1600 Streambed Alteration Agreement) and federal (U.S. Army Corps of Engineers ACOE 404) permit processes. This includes impacts associated with on and off-site erosion and siltation. The process is designed to prevent cumulative impacts to drainage systems and prevent undue and unnecessary degradation to existing systems. Thus, the Proposed Project's cumulative impact is less than significant. (DEIR, p. 6-30.) On a project level, after site reclamation is complete, the Project Site will be left as open space and all stone drainage systems (berms and an on-site detention basin) will be removed, and the condition of existing detention capacity will no longer apply. Site storm water will flow directly into Fish Creek, which flows into the San Gabriel River. As discussed in EIR Section 4.7, the net volume of stone runoff from the Project Site flowing into Fish Creek is slightly increased by the Proposed Project (because the drainage acreage is larger), but the quality of this water is not expected to differ significantly from .that of surrounding natural drainages. (EIR 6- 73 31.) Flow volumes and rates coming off of the eastern portion of the Project Site are very similar to those that would be found under pre -mining conditions, while flow rates exiting the western portion of the Project Site are slower than those in the baseline natural condition. The decreased flow rates will carry decreased loads of suspended sediments and other storm debris. After reclamation drainage patterns will be similar to natural watersheds that may enter Fish Creek directly. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, pp. 6-30 to 6-31.) Increased Erosion. The specific on- or off-site drainage and erosion characteristics of regional development projects are not known however each project is evaluated on its treatment of surface water containment and distribution. This would include all short term, construction related erosion protections and long term operational erosion mitigation. Projects are subject to the Uniform Building Code, local and regional Stormwater Management Plans, NPDES and SWPPP permits, etc. Plan adherence and compliance as directed by regulatory lead agencies should prevent adverse impacts to regional conditions. Cumulative impacts would be less than significant. (DEIR, p. 6-31.) On a project level, runoff will reach Fish Creek from the West Side of the Project Site either by flooding across the relatively flat quarry floor or by eventually carving itself a stream bed. No on-site structures will be present post -reclamation, so there are no adverse impacts of onsite flooding. As the flat area acts to decrease peak flows from the Project Site, the potential for downstream off-site flooding is reduced. Therefore potential impacts associated with increased erosion either on/or off-site are not considered significant. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (]bid.) Existing Drainage. The specific on/or off-site drainage and erosion characteristics of regional development projects are not known however each project is evaluated on its treatment of surface water containment and distribution. This would include all short-term, construction related erosion protections and long-term operational erosion mitigation. Projects are subject to the Uniform Building Code, local and regional Stormwater Management Plans, NPDES and SWPPP permits, etc. Plan adherence and compliance as directed by regulatory lead agencies should prevent adverse impacts to regional conditions. Overall cumulative impacts would be less than significant. (DEIR, p. 6-31.) On a project level, the Proposed Project is not expected to result in substantial erosion or siltation on- or off-site, and the runoff water from the reclaimed site is not expected to carry a silt load higher than the natural drainage in the surrounding area. The Proposed Project includes microbenching and revegetating slopes, which will reduce erosion that would otherwise occur. Implementation of the Proposed Project is not anticipated to substantially alter the existing drainage pattern of the Project 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. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact,, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, pp. 6-31 to 6-32.) 74 Runoff. On a regional level, development of other projects (shown in Table 6-1) would result in an increase in impervious surfaces and increase runoff from these sites into the local and regional storm drain systems. In addition, urban pollutants associated with parking lots, roads, and landscaping, combine with stormwater that ultimately ends up in the San Gabriel River or other major watercourses. Stormwater requirements administered by the Los Angeles Regional Water Quality Control Board (LARWQCB) require individual projects to employ Best Management Practices to control urban runoff from each site during construction. The LARWQCB is also responsible for reviewing each project's Water Quality Management Plan (WQMP) for longterm operation and issuing the Waste Discharge Requirements for each project. Employing BMPs that reduce the potential for storm water discharges to affect water quality have been proven successful when implemented at construction type projects. Therefore, overall cumulative impacts will be less than significant. (DEIR, p. 6-32.) On a project level, the on-site drainage system that will exist throughout the period of active mining and reclamation consists of a series of berms that direct stone water into an on-site detention basin. From the basin, storm water is allowed to percolate into the groundwater table or evaporate. The basin also allows sediments in the stone water to settle out, and the NPDES permit covering the Project Site allows this stone water to be discharged if the water quality is equal to or better than that in Fish Creek. Though the Project Site typically does not discharge stone water, this permit creates the possibility of draining the basin during wet periods to make way for additional stone water after sediments have settled out. After site reclamation is complete, the Project Site will be left as open space and all stone drainage systems (berms and an on-site detention basin) will be removed, and the condition of exceeding drainage capacity will no longer apply. Site storm water will. flow directly into Fish Creek, which flows into the San Gabriel River. As discussed above, the net volume of storm runoff from the site flowing into Fish Creek is slightly increased by the Proposed Project. Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Flow Velocity and Volume of Stormwater. On a regional level, development of other projects (shown in Table 6-1) would result in an increase in impervious surfaces and increase runoff from these sites into the local and regional storm drain systems. In addition, urban pollutants associated with parking lots, roads, and landscaping, combine with stormwater that ultimately ends up in ends up in the San Gabriel River or other major watercourses. (DEIR, p. 6- 33.) Stormwater requirements administered by the LARWQCB require individual projects to employ Best Management Practices (BMPs) to control urban runoff from each site during construction. The RWQCB is also responsible for reviewing each project's WQMP for long-term operation and issuing the Waste Discharge Requirements for each project. Employing BMPs that reduce the potential for storm water discharges to affect water quality have been proven successful when implemented at construction type projects. Therefore, overall cumulative impacts will be less than significant. (Ibid.) On a project level, after site reclamation is complete, the Project Site will be left as open space and all stone drainage systems (berms and an on-site detention basin) will be removed, and the condition of exceeding drainage capacity will no longer apply. Site storm water will flow directly into Fish Creek, which flows into the San Gabriel River. As discussed above, the net volume of storm runoff from the Project Site flowing into Fish Creek is slightly increased by the Proposed Project. Flow volumes and rates coming off of the eastern portion of the site are very 75 similar to those that would be found under pre-mining conditions at the Project Site, while flow rates exiting the western portion of the Project Site are slower than those in the baseline natural condition. Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Water Quality. Regionally, and as discussed above, all projects within the area and region are required to comply with local, regional, state and federal surface water and drainage regulations and management plans during construction and after completion including: NPDES, SWPPP, Hazardous Materials Business Plan, Sections 404 Permits and 404 Certification, California Fish and Game Code 1600 Stream Alteration Agreements„ Municipal Stormwater Management Plans and Sewer System Capacity Management and Permitting Regulations. These plans and regulatory requirements are intended to accommodate demand and prepare for capacity of regionally permitted projects prior to permitting and online demand. (Ibid.) Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. On a project level, the quarry operations are considered for CEQA purposes to be both construction and operational phases simultaneously. The quarry currently operates under a NPDES permit issued by the LARWQCB and is compliant with applicable water quality standards and discharge requirements. Though currently the Project Site detains all storm water rather than discharging, the NPDES permit allows for discharge if the quality of the water to be discharged is equal to or better than the water quality of Fish Creek. Water runoff from the mined slopes prior to reclamation will continue to be detained in on-site basins. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Housing Near 100-year Flood Hazard Area. Regionally, all projects listed on Table 6- 1 are evaluated individually to ensure no habitable structures are located within a 100-year flood hazard area. To the extent that proposed projects are located in 100-year flood plains, standard conditions of approval require the installation of flood control measures to remove the site from the, flood plain. Thus, the overall cumulative impact would be less than significant. On a project level, the Project Site is not located in either the 100-Year or 500-Year flood zone. Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, p. 6-34.) Flooding. On a regional and project level, the San Gabriel River has three dams upstream of the Project Site that could potentially impact the southernmost part of the Project Site: San Gabriel Dam, Cogswell Dam, and Morris Dam. Cogswell Dam is on the west fork of San Gabriel Canyon, approximately 15 miles upstream; San Gabriel Dam is approximately seven miles upstream; and Morris Dam is approximately one mile upstream. Were a catastrophic failure of one or all of the dams to occur, only the southernmost portion of the Project Site would be affected due to its relatively low elevation (-750 feet amsl), which is still higher than most of the nearby cities of Azusa and Duarte. This area of the Project Site currently contains temporary office buildings. However, this area will become open space after reclamation, and no significant buildings or structures will be located on this portion of the Project Site. Therefore, cumulative impacts will be less than significant and the Proposed Project's contribution to cumulative impacts is less than significant. (Ibid.) 76 Inundation by Seiche, Tsunami or Mudflow. On a regional and project level neither the project or adjacent cities are located near a large body of water; the nearest body, other than local reservoirs that could create a tsunami is the Pacific Ocean, approximately 35 miles to the west. Tsunamis are large waves caused by the displacement of the ocean floor, normally generated by seismic activity. Due to the elevation of 700 plus feet and the distance of approximately 35 miles from the ocean, a tsunami hazard is not present for the Project Site. Being adjacent to the San Gabriel River and Fish Creek, the Project Site could be subject to mudflows resulting from significant storm events. However, a significant short -duration storm event would be required to potentially create a mudflow and the working portion of the mine would need to be at such elevation to be inundated. These two events occurring simultaneously is deemed unlikely. Furthermore, no employees would permanently reside on-site, or be working on-site during an intense storm event. Finally, project design measures protect structures and employees from rockfall and would similarly protect them from mudflows. Therefore, cumulative impacts will be less than significant and the Proposed Project's contribution to cumulative impacts is less than significant. (DEIR, pp. 6-34 to 6-35.) I. LAND USE Divide Established Community. Regionally, it is anticipated that city-wide growth, in general, will be reviewed for consistency with the City's general plan and policies in accordance with CEQA regulations, state zoning and planning laws, and the state Subdivision Map Act. These regulations and laws require findings of plan and policy consistency prior to approval of entitlements of developments. Therefore, overall cumulative impacts associated with physically dividing an established community would be less than significant. (DEIR, p. 6-35.) On a project level, projects that cause a physical division to communities typically consist of physical bifurcations, such as freeways, railroads, etc. In this case, the Proposed Project does not contain elements that would physically divide a community. The Project Site is currently mined and there are no developed communities on-site. There are established communities located near the Project Site. However, continued mining and reclamation would not have the potential to physically divide these communities. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Conflict with Land Use Plan, Policy or Regulation. Regionally, it is anticipated that city-wide growth, in general, will be reviewed for consistency with the City's general plan and policies in accordance with CEQA regulations, state zoning and planning laws, and the state Subdivision Map Act. These regulations and laws require findings of plan and policy consistency prior to approval of entitlements of developments. Therefore, overall cumulative impacts associated with conflicting with any applicable land use plan, policy or regulation would be less than cumulatively significant. (Ibid.) On a project level, the Proposed Project is in compliance with the goals and policies set by the City of Azusa. The revised reclamation plan would utilize improved benching techniques to give the mined hillsides an improved aesthetic appearance over traditional benching methods. Additionally, native vegetation would be used to further screen visual indifference between reclaimed areas and natural slopes. The Proposed Project would provide a site suitable for passive open space use upon final reclamation. The reclamation of the mined site and proposed 77 end use of passive open space would also make the site suitable for wildlife habitat. Recent restoration efforts have created an established wildlife habitat, and have facilitated the return of sensitive species to a portion of Fish Creek. Thus, the Proposed Project exhibits compatibility with the City's goals and policies. Therefore, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, pp. 6-35 to 6-36.) HCP/NCCP. Regionally, it is anticipated that city-wide growth, in general, will be reviewed for consistency with the City's general plan and policies in accordance with CEQA regulations, state zoning and planning laws, and the state Subdivision Map Act. These regulations and laws require findings of plan and policy consistency prior to approval of entitlements of developments. Therefore, cumulative impacts associated with conflicting with any applicable habitat conservation plan or natural community conservation plan would be less than cumulatively significant. (DEIR, p. 6-36.) On a project level, the Project Site is not within the boundaries of a habitat conservation plan or a natural community conservation plan. Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) J. NOISE AND VIBRATION Noise. Regionally, future construction is not expected to result in a cumulative significant impact as a substantial cumulative increase in construction noise levels and construction activities would need to occur simultaneously on projects adjacent to one another. The City's Municipal Code allows for construction activities to occur between the hours of 7 a.m. and 7 p.m. Monday through Saturday. Furthermore, because noise attenuates rapidly with distance from its source, several different construction projects would need to be underway at the same time in close proximity to each other, which is unlikely, in order for there to be a cumulative impact. (Ibid.) Therefore, the overall cumulative impact from construction noise is less than significant. With regard to cumulative operational noise impacts, cumulative growth could result in noise levels that exceed local standards and/or represent significant increases in noise over existing ambient conditions. This would most likely occur due to the noise generated by increased traffic from the implementation of cumulative projects. Due to the amount of units and square footage of space that are proposed via the cumulative project list, this overall cumulative impact is assumed to be significant. (Ibid.) On a project level, the primary sources of noise related to quarry mining and rock processing are heavy equipment usage and material processing plants. (EIR 6-37.) Noise generating sources would include the primary and secondary crushing and screening plants, material loading and unloading, drilling and blasting, and mobile construction equipment. These noise sources are sufficiently distant from other potential sources that noise levels would not be cumulatively considerable in either the operational or construction contexts. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, p. 6-37.) a-] Groundborne Vibration and Noise. Regionally, cumulative development should not result in the exposure of people to excessive groundborne vibration due to the localized nature of vibration impacts and the unlikely condition of multiple projects occurring at the same time and location. There are no projects proposed in close proximity to the subject site that would affect the same receptors as the Proposed Project. Therefore it is concluded that cumulative development would result in a less than significant cumulative impact. (Ibid.) On a project level for ground vibrations, neither the peak measured event (0.015 ips), the 11- blast average created vibration levels (0.009 ips), or the PPV at 1,800 feet (0.012 ips) would exceed the adopted significance threshold of 0.20 ips at the closest homes. In addition, the reduction in charge size for the planned micro -benching mining procedures compared to current large bench production methods may more than compensate for any possible vibration increase associated with distance encroachment. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Airport Noise. Regionally, the City of Azusa is not located within 2 miles of a public airport or private airstrip that would expose people residing or working in the area to excessive noise levels. The nearest airport is the El Monte Airport located at 4233 Santa Anita Avenue in El Monte approximately eight miles southwest of the site. The Proposed Project would not introduce new sensitive receptors to the area that would be affected by airport noise. Therefore, the Proposed Project could not make any contribution to a cumulative impact in this regard, and impacts are determined less than significant. (Ibid.) K. POPULATION AND HOUSING Induce Population Growth. Regionally, Table 6-1 summarizes the related projects within the city, which includes 2,544 dwelling units, 293,000 square feet of commercial retail, 20,000 square feet of industrial warehouse, 30,000 square feet of office space, expansion of educational facilities to accommodate 3,844 students, and 6 acres of parklands. (EIR 6-38.) The non-residential facilities will indirectly encourage population growth, and a population of 7,403 (2,544 x 2.91 persons per household) are expected to result from the residential projects. Therefore, overall cumulative impacts on population growth would be considered significant. (DEIR, p. 6-38.) On a project level, the Proposed Project will have no impact on population growth either directly or indirectly. The Proposed Project does not include new housing or business that would induce population growth in the area. The Proposed Project would not include demolition of homes or the construction of new homes, and would not modify existing infrastructures. The Azusa Rock operations have historically employed 15 full-time on-site employees for its operations. The number of employees required to operate will not change upon implementation of the Proposed Project. No new public infrastructure (e.g. water, sewer, roads) is required that would promote population growth in the area. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Necessitate Replacement Housing. Regionally, none of the projects identified within the city of Azusa would require displacement of a substantial number of existing housing units or 79 necessitate construction of replacement housing elsewhere: Therefore, there would be a less than significant overall cumulative impact. On a project level, the Proposed Project would occur on an existing mine site that currently does not have residential units, and would not require the displacement of existing people or housing, or require the construction of replacement housing elsewhere. Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. L. PUBLIC SERVICES Regionally, public services are assessed on city-wide or school district -wide bases. Primarily these services are funded by payment of development fees as projects are approved, and property taxes on a long-term basis that would allow provision of public services to continue to support an expanding population or service area. Therefore,'no cumulative impacts would occur with development of projects listed in Table 6-1. (DEIR, p. 6-39.) On a project level, the Proposed Project includes an update to the existing conditional use permit (CUP) and reclamation plan to allow for: 1) micro -benching, recontouring, and revegetation with native plant species to create a naturalized landform along the west and east quarry faces; 2) acceleration of reclamation activities for the east portion of the site; 3) mining and reclamation on the westernmost approximately 180 acres of the site in lieu of the easternmost 80 acres of the site; and 4) inclusion of the approximately 80 -acre western portion of the Project Site in the reclamation plan. No new jobs will be created that would increase the City's population requiring additional public services. Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) M. RECREATION Increase Park Usage. Regionally, the projects listed on Table 6-1, includes the overall development of nearly 4,300 residential dwelling units, approximately 492,504 square feet of commercial space, 624,000 square feet of manufacturing/industrial and warehouse space, 1,105,608 square feet of office space, 320 hotel rooms, school campuses for 420 elementary and middle school children, college campuses for 3,424 college students, and 6 acres of park lands. (Ibid.) These land uses could increase the demand for use of existing neighborhood and regional parks or other recreational facilities and/or create a substantial physical deterioration of the facilities. (Ibid.) However, each of the jurisdictions general plans contains recreation goals designed to address needs from anticipated growth. (Ibid.) All projects are assessed for potential impacts to recreational facilities on an individual basis. (EIR 6-40.) Recreational needs are analyzed as part of a project's approval process. (Ibid.) Therefore, overall cumulative impacts will be less than significant. (Ibid.) On a project level, the Proposed Project includes an update to the existing conditional use permit (CUP) and reclamation plan to allow for: 1) micro -benching, recontouring, and revegetation with native plant species to create a naturalized landform along the west and east quarry faces; 2) acceleration of reclamation activities for the east portion of the site; 3) mining and reclamation on the westernmost approximately 80 acres of the site in lieu of the easternmost 80 acres of the site; and 4) inclusion of the approximately 80 -acre western portion of the Project 80 Site in the reclamation plan. (Ibid.) No new jobs will be created that would increase the City's population requiring additional recreational area. (Ibid) Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Recreational Facilities. Regionally, only one recreational project is identified to occur within the identified cumulative area. (Ibid.) Regionally, each jurisdictions general. plan contains recreation goals designed to address needs from anticipated growth. (Ibid.) All projects are assessed for potential impacts to recreational facilities on an individual basis. (Ibid.) Recreational needs are analyzed as part of a project's approval process. (Ibid) Therefore, overall cumulative impacts will be less than significant. (Ibid.) On a project level, the relocation of an existing trail within the mine area would have short-term effects on the environment related to construction disturbance. (Ibid.) The Fish Canyon alignment would have little new surface disturbance due to the disturbed nature of the east quarry and it could be installed as a function of reclamation. (Ibid.) The selection of a new trail alignment will be made during approval of the Proposed Project which will include Conditions of Approval imposed by the City. (Ibid.) Additionally the Proposed Project would not create new jobs or a demand for new or expanded recreational facilities that would contribute to a cumulative impact. (Ibid.) Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) N. TRAFFIC AND CIRCULATION Increase in Traffic. Regionally, each jurisdiction's general plan contains traffic and circulation goals designed to address increases resulting from anticipated growth. (Ibid.) All projects are assessed for potential impacts due to increased traffic volumes, or impacting capacities of the street system on an individual basis. (Ibid.) Roadway capacities and traffic loading are analyzed as part of a project's traffic impact analysis. (Ibid.) If impacts are projected to occur, the project proponent is required to mitigate the impact to a level of less than significant either through direct project construction, or fair share contribution. (DEIR 6-41.) If the projected impact will occur outside the lead agency's jurisdiction, the project proponent is required to contribute its fair share cost to redesigning and constructing the necessary improvement. (Ibid.) Adherence to these requirements will ensure the multitude of projects does, not create a cumulative impact. (Ibid.) Therefore, overall cumulative impacts will be less than significant On a project level, the method of processing and transport of materials will remain as it currently exists. (Ibid.) The employee and delivery vehicle generated traffic trips will remain approximately the same and are estimated at 56 one-way trips per weekday. (Ibid.) The transport of material would continue to be via the existing overland conveyor in -lieu of on -road haul trucks. (Ibid.) The Proposed Project does not include an increase in tonnage mined as compared to that analyzed in previous CEQA documents, which concluded that truck traffic impacts would be less than significant. (Ibid.; DEIR, p. 4.11-5.) Thus, the Proposed Project will not cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. (Ibid.) The Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) 81 Exceed LOS Standards. Regionally, each jurisdiction's general plan contains traffic and circulation goals designed to address increases resulting from anticipated growth. (Ibid.) All projects are assessed for potential impacts due to increased traffic volumes, or impacting capacities of the street system on an individual basis. (Ibid.) Roadway capacities and traffic loading are analyzed as part of a project's traffic impact analysis. (Ibid.) If impacts are projected to occur, the project proponent is required to mitigate the impact to a level of less than significant either through direct project construction, or fair share contribution. (Ibid.) If the projected impact will occur outside the lead agency's jurisdiction, the project proponent is required to contribute its fair share cost to redesigning and constructing the necessary improvement. (Ibid.) Adherence to these requirements will ensure the multitude of projects does not create a cumulative impact. (Ibid.) Therefore, overall cumulative impacts will be less than significant On a project level, because the method of processing and transport of materials will remain as it currently exists, the Proposed Project is not anticipated to exceed, either individually or cumulatively, a level of service standard established by the County congestion management agency for designated roads or highways. (Ibid.) This is supported by the analysis with regard to Impact T-2, in Section 4.11.5 of the Draft EIR. As established there, truck traffic generated by the Reliance facility operating at 6 million tons per year would not even trigger the need for a CMP facilities analysis, under the Guidelines set forth on such issues by the County of Los Angeles (which runs the CMP program). (Ibid.; DEIR, p. 4.11-5.) Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, p. 6-41.) Change in Air Traffic Patterns. Regionally none of the cumulative projects identified on Table 6-1 is anticipated to increase air related traffic levels. (]bid.) Additionally none of the identified cumulative projects is located within an airport land use plan or within two miles of a public airport or public use airport. (Ibid.) The nearest airport to the area is the El Monte Airport located at 4233 Santa Anita Avenue southwest of the site. (EIR 6-42.) The overall cumulative impact would be less than significant. (Ibid.) On a project level, the Project Site is not located within an airport land use plan or within two miles of a public airport or public use airport. (Ibid.) The nearest airport to the site is the El Monte Airport located at 4233 Santa Anita Avenue approximately eight miles southwest of the site. (Ibid.) The Proposed Project would not 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. (Ibid.) Thus, the Proposed Project would make no contribution to any such overall cumulative impact. (Ibid.) . Increase Hazards due to Design or Incompatible Uses. Regionally, each jurisdiction's general plan contains traffic and circulation goals designed to address adopted plans and policies supporting road development and design. (Ibid.) Adherence to the respective general plan requirements will ensure the multitude of projects does not create a cumulative impact. (Ibid.) Therefore, overall cumulative impacts will be less than significant. (Ibid.) On a project level, with approval of the Proposed Project, the existing method of processing and transport of materials would continue as it currently exists. (Ibid.) The transport of material would continue to be via the existing overland conveyor in -lieu of on -road haul trucks. (Ibid.) The Proposed Project does not include changes to existing access points or haul 9 routes. (Ibid.) New on-site mine roads would be developed but would not affect the local or regional traffic circulation system. (Ibid.) The Proposed Project would not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses. (Ibid.) Therefore, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Inadequate Emergency Access. Regionally, each jurisdiction's emergency response agencies (police and fire) typically review all project designs to ensure adequate emergency access is available. (Ibid.) Adherence to the respective emergency response agencies requirements will ensure the multitude of projects does not create a cumulative impact. (Ibid.) Therefore, overall cumulative impacts will be less than significant. (Ibid.) On a project level, the Proposed Project would not result in an increase in traffic or the rate of production currently permitted at the plant. (Ibid.) The existing method of operation and transport of materials would continue. (Ibid.) The transport of material would continue to be via the existing overland conveyor in -lieu of on -road haul trucks, and no new access points to the Project Site are proposed. (Ibid.) The Proposed Project would not increase traffic or interfere with existing emergency access points. (Ibid.) Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Inadequate Parking. Regionally, each project is designed to accommodate the anticipated parking need for that project. (EIR 6-43.) Each jurisdiction's development code identifies the quantity of parking necessary to accommodate the identified land use. (Ibid.) Adherence to each jurisdiction's development code will ensure adequate parking locally, and regionally, and is not anticipated to result in a cumulative impact. (Ibid.) Therefore, overall cumulative impacts will be less than significant. (Ibid.) On a project level, the Proposed Project would not create new on-site jobs. (Ibid.) No additional parking would be required to support new employees. (Ibid.) No impacts from inadequate parking at the Project Site would result. (Ibid.) Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Conflict with Policies Supporting Alternative Transportation. Regionally, each jurisdiction's general plan contains traffic and circulation goals designed to address adopted plans and policies supporting alternative transportation. (Ibid.) Adherence to the respective general plan requirements will ensure the multitude of projects does not create a cumulative impact. (Ibid.) Therefore, overall cumulative impacts will be less than significant. (Ibid.) On a project level, the Proposed Project would not conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). (Ibid.) Operations at the Project Site would continue in the same manner as permitted under the existing CUP and reclamation plan. (Ibid.) Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) 83 O. UTILITIES AND SERVICE SYSTEMS Exceed Wastewater Treatment Requirements. Regionally, wastewater treatment is provided by the County of Los Angeles Sanitation Districts, which provides planning and operation of wastewater treatment plants throughout Los Angeles County. (Ibid.) Each development identified within the cumulative projects list on Table 6: 1 as well as all projects within the Sanitation Districts boundaries are required to pay development and user fees designed to provide funding for existing and projected wastewater treatment needs of the region. (Ibid.) Consequently, overall impacts -would be less than significant. (Ibid.) On a project level, the Project Site is currently served by a septic system, and therefore implementation of the Proposed Project would not exceed wastewater treatment requirements. (Ibid.) No changes to the existing system are proposed, and no improvements to the existing septic system would result. (Ibid.) Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (EIR 6-44.) New Facilities or Expansion of Existing Facilities. Regionally, wastewater treatment is provided by the County of Los Angeles Sanitation Districts, which provides planning and operation of wastewater treatment plants throughout Los Angeles County. (Ibid.) Each development identified within the cumulative projects list on Table 6-1 as well as all projects within the Sanitation Districts boundaries are required to pay development and user fees designed to provide funding for existing and projected wastewater treatment needs of the region. (Ibid.) Consequently, overall impacts would be less than significant. (Ibid.) The City of Azusa obtains its water from three primary sources, groundwater, local streams and reservoirs, and the State Water Project. (Ibid.) Water treatment facilities are provided by Azusa Light and Water Department. (Ibid.) Development projects within the various water provider's service areas are required to receive documentation from the water provider that water can be provided for the ensuing 25 years. (Ibid.) Cumulative impacts may be considered significant but must be mitigated before development proposals are approved. (Ibid.) Therefore, overall cumulative impacts would be less than significant. (Ibid.) The Proposed Project does not include the connection to any off-site water or wastewater treatment facilities nor would it require the expansion of existing facilities. (Ibid.; DEIR, p. 4.12- 5.) Thus, the Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (DEIR, p. 6-44) New Storm Water Drainage Facilities or Expansion of Existing Facilities. Regionally, the impact of projects listed in Table 6-1 on regional storm water drainage facilities would be evaluated on a project -by -project basis and conditions of approval applied to reduce potentially significant impacts. (Ibid.) Projects are required to handle any on-site increases in storm flows on-site and to apply Best Management Practices to eliminate impacts off-site. (Ibid.) Storm Water Master Plans are updated by the local jurisdictions with responsibility to manage storm water. (Ibid.) Overall cumulative impacts would be considered less than significant. (Ibid.) All Project Site storm flows will continue to be captured in the on-site system and no impacts to off-site storm water collection facilities would occur. (Ibid.) Thus, it is concluded that the Proposed Project's incremental contribution will not be a cumulatively considerable contribution 1E to the need for new storm drain facilities and therefore would not be a significant cumulative impact. (Ibid.) Sufficient Water Supplies. Regionally, cumulative growth would result in increased use of water supplies in the area. (DEIR, p. 6-45.) The 2005 Urban Water Management Plan ("UWMP") for Azusa's"water system projected that water supplies would be adequate to meet expected future growth, and the UWMPs of adjacent jurisdictions make similar conclusions. (Ibid.) Thus, overall cumulative impacts would be less than significant. (Ibid.) On a project level; potable water usage would not increase onsite, due to the fact that the number of employees onsite would not grow. Production water (non -potable) is used on-site for dust control during mining operations, and is obtained from an off-site well located across the San Gabriel River channel at the former Owl Rock Mine facility north of Stoddard Road. (Ibid.) The well is operated by Azusa Rock, Inc. through City Resolution No. 99-C75, and is delivered to the quarry via a pipeline. (Ibid.) This well is used to obtain production water by way of the Applicant's entitlement to pump groundwater pursuant to the adjudication for the Main San Gabriel Groundwater Basin. (DEIR, p. 4.12-7.) The increase in the use of production water occasioned by maximum annual production under the Proposed Project would fall within the Applicant's portion of the Basin Safe Yield, and even if it were not to, the Applicant is allowed by the adjudication to pump more groundwater subject to the payment of replenishment fees to the Watermaster. (Ibid.) Thus, the Proposed Project's cumulative contribution is less than considerable. The Project Project's cumulative impact would therefore be less than significant. Capacity of Wastewater Treatment Provider. Regionally, wastewater treatment is provided by the County of Los Angeles Sanitation Districts, who are charged with providing the planning and operation of wastewater treatment plants throughout Los Angeles County. (Ibid.) Each development identified within the cumulative project list on Table 6-1 as well as all projects within the Sanitation District boundaries are required to pay development and user fees designed to provide funding for existing and projected wastewater treatment needs of the region. (Ibid.) Thus, overall cumulative impacts are less than significant. (Ibid.) On a project level, the Project Site is currently served by a septic system. (Ibid.) No expansions or improvements would be required to any wastewater treatment system as none is currently provided, nor would any be needed as a result of implementation of the Proposed Project since no new jobs would be added. (Ibid.; DEIR, p. 4.12-8.) Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Landfills. Regionally, solid waste is disposed of at the Puente Hills Sanitary Landfill (Solid Waste Information System (SWIS) No. 19 -AA -0053) located at 13130 Crossroads Parkway South, in the City of Industry. (Ibid.) Regional planning for landfill operations and capacity is carried out by the Los Angeles County Sanitation Districts (LACSD). (Ibid.) The LACSD protects public health and the environment through cost-effective wastewater and solid waste management. (Ibid.) Additionally, the agency was created to construct, operate, and "maintain facilities that collect, treat, recycle, and dispose of domestic and industrial wastewater. (EIR 6-46.) The LACSD is also the responsible agency that provides for the management of collected solid waste, including disposal and transfer operations, and materials and energy recovery. (Ibid.) Participation in the LACSD by the regional cities will ensure that individual FX projects will not create a cumulative impact. (]bid.) Therefore, overall cumulative impacts will be less than significant. (Ibid.) On a project level, solid waste collection within the City is provided by the City of Azusa through contract with a private hauler. (]bid.) Waste is disposed of at the Puente Hills Sanitary Landfill (Solid Waste Information System (SWIS) No. 19 -AA -0053) located at 13130 Crossroads Parkway South, in the city of Industry. (Ibid.) As of October 14, 2006, the landfill had a remaining capacity of 49,348,500 cubic yards, and an estimated closure date of October 2013. (Ibid.) Currently, the landfill is permitted to receive a maximum of 13,200 tons per day, and has a disposal footprint of 433 -acres within the 1,365 -acre site. (Ibid.) The Proposed Project generates an estimated 28 pounds per day of solid waste, which would not change since the number of onsite employees would not increase and thus, the Project would not make a cumulatively considerable contribution to this impact. (Ibid; DEIR, p. 4.12-8.) The Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Solid Waste Regulations. Regionally, solid waste is disposed of at the Puente Hills Sanitary Landfill (Solid Waste Information System (SWIS) No. 19 -AA -0053) located at 13130 Crossroads Parkway South, in the City of Industry. (Ibid) Regional planning for landfill operations and capacity is carried out by the Los Angeles County Sanitation Districts (LACSD). (Ibid.) The LACSD protects public health and the environment through cost-effective wastewater and solid waste management. (Ibid.) Additionally, the agency was created to construct, operate, and maintain facilities that collect, treat, recycle, and dispose of domestic and industrial wastewater. (Ibid.) The LACSD is also the responsible agency that provides for the management of collected solid waste, including disposal and transfer operations, and materials and energy recovery. (Ibid.) Participation in the LACSD by the regional cities will ensure that individual projects will not create a cumulative impact. (Ibid.) Therefore, overall cumulative impacts will be less than significant. (Ibid.) On a project level, the Proposed Project will not result in an increase in the production of solid waste because the number of onsite employees would not change. (DEIR, p. 4.12-8.) Furthermore, on-site mining operations will continue to comply with any applicable federal, state, and local statutes and regulations related to solid waste. (DEIR, p. 4.12-9; 6-46.) Thus, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Proposed Project's cumulative impact is determined to be less than significant. (Ibid.) Electricity. The Azusa Light and Water Department ("Azusa Light and Water") has the facilities and equipment to provide electrical services to the City of Azusa. (DEIR, p. 4.12-9.) Azusa Light and Water has indicated that it has the ability to meet the needs of its customers. (DEIR, pp. 4.12-9 to 4.12-10.) Under these circumstances, overall cumulative impacts related to the provision of electricity are determined to be less than significant. Moreover, Azusa Light and Water has also indicated that it has the ability to meet the electricity demands of maximum annual production under the Proposed Project while also meeting the demands of other users. (Ibid.) Consequently, the Proposed Project's contribution to this less than significant overall cumulative impact is less than considerable. The Proposed Project's cumulative impact is therefore determined to be less than significant. Telecommunications. The General Telephone Company ("GTE") provides local residential and business telephone services within the City of Azusa. (DEIR, p. 4.12-10.) EIJ During the General Plan Update, representatives of GTE indicated the existing telephone system was adequate to serve existing and future customers within the City of Azusa. (Ibid.) GTE does not foresee any major projects that would require upgrading of its system in the near future. (Ibid.) Thus, the overall cumulative impact is determined to be less than significant. Because no additional telephone lines would be needed at the Project Site as part of the Proposed Project (Ibid), the Proposed Project's contribution would be less than cumulatively considerable. The Proposed Project's cumulative impact is determined to be less than significant. Natural Gas. As per the City's General Plan Update, the Southern California Gas Company did not foresee any major projects that would require upgrading of the system in the near future. (DEIR, p. 4.12-10.) Consequently, the exiting gas distribution system is adequate to serve existing and future customers within the City. (Ibid.) The overall cumulative impact is therefore determined to be less than significant. On a project level, the existing project does not require natural gas, and since the nature of the Proposed Project's operations is such that this would not change, no additional demand for natural gas would be created by the Proposed Project. (Ibid.) Consequently, the Proposed Project would not make a cumulatively considerable contribution to this impact, and the Project Project's cumulative impact is determined to be less than significant. SECTION 6: RESOLUTION REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES. State CEQA Guidelines Section 15126.2(c) states that significant irreversible environmental changes that would be caused by the Proposed Project should be identified in the EIR. (DEIR, p. 6-47.) In this regard, the City Council finds that development of the Proposed Project would result in the continued commitment of the majority of the Proposed Project site to aggregate mining, thereby precluding any other use until mine reclamation occurs. (Ibid.) Although restoration of the Project Site to pre -developed conditions would not be feasible, the Applicant is required to reclaim the site and restore flora and fauna to as close as practical to pre - developed conditions. (Ibid.) Additionally, energy resources would be used for mine operations and deliveries of supplies and materials during the project lifespan. (Ibid.) Non-renewable resources would be committed primarily in the form of fossil fuels including gasoline, natural gas, and diesel fuels used by construction equipment and vehicles operating on and traveling to the site. (DEIR, p. 6-48.) The Proposed Project would not involve the development of any new structures on-site that would be occupied by people. (Ibid.) While implementation of the Proposed Project would require some increase in the consumption of natural resources, such as fuels to generate electricity, such increases are not considered to be significant. (DEIR, p. 4.12-9 to 4.12-10.) The Project Site and surrounding area are not designated for residential land uses within the City of Azusa where the Project Site is located. (DEIR, p. 6-48.) The Azusa Rock Quarry will continue to operate, with or without approval of the Proposed Project, and provide a portion of the aggregate demand projected for the San Gabriel Valley production -consumption area. (Ibid.) Continued mining to meet demands perpetuates the continued depletion of this non-renewable resource. (Ibid.) However, alternative importation of aggregate will result in increased truck/rail traffic, fuel consumption, road maintenance costs and 87 greenhouse gas emissions. (]bid.) Development of the Proposed Project would act as a commitment to the depletion of approximately 105.6 million tons of aggregate, a non-renewable resource. (Ibid.) The CEQA Guidelines also require a discussion of the potential for irreversible environmental damage caused by an accident associated with the Proposed Project. (Ibid.) While the Proposed Project would result in the use, transport, storage, and disposal of hazardous wastes, as described in Section 4.6 of the EIR (Hazards and Hazardous Materials), all activities would comply with applicable state and federal laws related to hazardous materials, which significantly reduces the likelihood and severity of accidents that could result in irreversible environmental damage. (Ibid.) Implementation of the Proposed Project would also result in the short-term (prior to reclamation) reduction of natural vegetation and wildlife communities, and alteration of the visual character of the Project Site. (Ibid.) As previously discussed, operations associated with future uses would also consume natural gas and electrical energy. (Ibid.) Based on the preceding and on the entirety of the record of proceedings, the City Council consequently finds that no significant irreversible effects would result from implementation of the Proposed Project. SECTION 7: RESOLUTION REGARDING GROWTH -INDUCING & URBAN DECAY IMPACTS. A. GROWTH -INDUCING IMPACTS State CEQA Guidelines Section 15126.2(d) requires an evaluation of growth inducing impacts that may result from a proposed project. (DEIR, p. 6-48.) Growth inducing impacts can occur when a proposed project places additional stress on a community by directly inducing economic or population growth that would lead to construction of new development projects in the same area as the project. (Ibid.) The Proposed Project is located on an approximate 270 -acre site. (Ibid.) Implementing the Proposed Project would allow the Project Applicant to continue to accommodate the proposed and projected growth of the region by mining aggregate material throughout its proposed operation period. (Ibid.) The Proposed Project does not directly introduce economic or population growth to the area that would lead to the construction of new development projects. (Ibid.) However, the Proposed Project would contribute to the regional supply of construction aggregate for use in Portland cement concrete -grade aggregate, asphalt concrete, and other construction related materials. (Ibid.) The Proposed Project itself will not increase demand for construction materials in the region. (Ibid.) The continued availability of local aggregate materials can prevent increases in traffic, air quality impacts, global climate change, and construction costs as the Proposed Project will in effect provide material that would otherwise be transported from greater distances if the materials were not available locally. (EIR 6-49.) The Proposed Project will not require development of any new utility systems that could be considered growth inducing and, likewise, no changes to existing roadways, highways, or freeways would be necessitated as a result of the Project that could be considered growth inducing. (Ibid.) Therefore, the Proposed Project does not create an economic environment that would be growth inducing. (Ibid.) M Based on the preceding and on the entirety of the record of proceedings, the City Council consequently finds that no significant growth -inducing effects would result from implementation of the Proposed Project. B. URBAN DECAY IMPACTS The Proposed Project is not anticipated to contribute to urban decay, as the Proposed Project will not result in the loss of existing commercial or industrial business or create building vacancies. (]bid.) The Proposed Project would continue to contribute to the community's economic base by providing revenues to the City of Azusa through the Development Agreement. (Ibid.) The Project Site is also consistent with the City of Azusa General Plan. (]bid.) Furthermore, there is no evidence that aesthetic impacts from the Project would result in economic impacts that would, in turn, result in significant physical effects on the environment. (FEIR, p. 4-23.) Based on the preceding and on the entirety of the record of proceedings, the City Council consequently finds that no significant physical effects from urban decay would result from implementation of the Proposed Project. SECTION 8: RESOLUTION REGARDING ALTERNATIVES. A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT PLANNING PROCESS The following is a discussion of the alternatives considered during the scoping and planning process and .the reasons why they were not selected for detailed analysis in the Draft EIR. Among the factors that are used to consider project alternatives for detailed consideration in an EIR are whether they would meet most of the basic project objectives, be feasible, and whether they would avoid or substantially reduce the significant environmental impacts of the project. (CEQA Guidelines Section 15126[c].) Several alternatives were eliminated during the scoping/planning process, either because they were deemed infeasible or because they were technologically or environmentally inferior as compared to the proposed project. The following objectives have been established for the Proposed Project: 1. Alter the reclamation and revegetation approach by initiating an aesthetically and environmentally superior design across the entire property. 2. Modify the existing East Side quarry mined slopes to create landforms that blend more into the surrounding environment through the use of micro -benching reclamation methods; 3. Initiate reclamation on the East Side of the Project Site immediately upon Project Approval and forego further east side mining; 4. Initiate concurrent and sequential mining and reclamation procedures for the West Side quarry area; 5. Revegetate the disturbed mine surfaces through the Project Site using native plant species; 89 6. Establish and maintain viable habitat on the reclaimed quarry slopes with implementation of a Revegetation Plan as intended by SMARA and as described in the Revised Reclamation Plan; 7. Continue to provide a reliable supply of Portland cement concrete (PCC) -quality aggregate to meet the existing and future regional market demands identified by the California Department of Conservation for the San Gabriel Production — Consumption (P -C) Region. 8. Obtain replacement reserves for the 105,000,000 tons currently permitted within a footprint replicating the area of the currently permitted mine boundary by replicating the existing 190 -acre permitted area within the approximate 270 -acre site; 9. Maintain a level of tax revenue for the City of Azusa equivalent to or greater than the existing mining tax ordinance would produce under the Applicant's current entitlements. 10. Maintain existing or equivalent levels of employment both in terms of the number of jobs and the duration of such jobs being available on the site. Several alternatives to the Proposed Project were considered and rejected as infeasible. (Ibid.) Some of these alternatives were suggested in the scoping process and from comments to the NOP. (Ibid.) The alternatives considered and rejected for this EIR were: (1) Other Off -Site Locations; (2) mining deeper into Fish Creek; (3) San Gabriel River locations; (4) mining to the north or east. (Ibid.) Alternative Site Location Description: An alternative to the Proposed Project would be to choose an alternative site to replace mining the proposed 80 acres site located on the West Side, in addition to terminating mining in the approved East Side of the Azusa Rock Quarry. (DEIR, p. 5-3.) There were two variations on this request made by concerned citizens. (Ibid.) One was to completely close the current mine operation from its present location and relocate it outside the regional area. (Ibid.) The second was to relocate the mine within the City of Azusa's jurisdiction and away from the proposed West Side quarry area. (Ibid.) This would presumably situate the quarry proposed for the West Side approximate 80 acres at some other location within the proximity of the existing quarry but outside its current boundaries. (Ibid.) The alternative of relocating the entire mining operations would require extensive exploration to determine aggregate quality and quantity and environmental studies to determine potential significant impacts. (Ibid.) Without specifying a location within the Los Angeles Basin aggregate market area, the potential issues for relocating the quarry include locating a property that has the following characteristics: (1) contains comparable volume and quality of mineral resources that can be extracted efficiently; (2) compatible land uses adjacent to the site and along truck routes; and (3) potential environmental impacts created by the excavations and operations are less than significant; and (4) construction of new infrastructure including power, water, and support facilities to facilitate processing and transport of aggregates to the existing Reliance facility, is feasible and available. (DEIR, p. 5-4.) A new site would not be able to utilize the existing overland conveyor and trucking of raw material to the Reliance facility. (Ibid.) 90 Impacts: An alternative site location for the entire mine operation would entail complete closure and reclamation of the existing Project Site under the existing Reclamation Plan and relocation of the mine to another area outside of the regional impact zone and potentially the aggregate market. (Ibid.) Trucks traveling increased distances would create substantial regional air quality and traffic impacts, including increased fuel consumption, air emissions (e.g., diesel particulate matter and greenhouse gases [GHG]), traffic congestion, noise, and road maintenance costs. (Ibid.) Additionally, the initiation of a new mining operation in a different location would likely involve new and greater significant impacts than those involved with the Proposed Project, due both to site specific characteristics and potentially significant traffic, air quality, and noise impacts and increased fuel usage and road maintenance due to transporting materials to the Reliance facility for processing and sale. Objectives and Infeasibility: With regard to the Alternative Site Location Alternative, it would (1) require the rescission of the existing CUP by the City or voluntary abandonment of a valuable resource currently mined by the Applicant; (2) require the location of a suitable mineral resource in proximity to the existing market with over 100 million tons of reserves and infrastructure necessary to accommodate the objectives of the existing and planned operations; (3) negate the infrastructure benefits associated with the existing facility including proximity to the Reliance facility and the in-place overland conveyor which replaces the need for surface trucks between the quarry and the facility; (4) likely be outside the jurisdiction of the permitting lead agency (City of Azusa); (5) cost prohibitive in light of having a fully permitted and operating site in which costly improvements in the conveyor system were constructed for the long-term reduction in trucking impacts; (6) not meet most of the Project Objectives. (Ibid.) Specifically, it would not meet Project Objectives 1,2, 9, and 10 because the Project Site would not be subject to an improved reclamation plan and an alternative site would be located outside of the City, thereby removing the economic benefits of the Quarry from the City. Finding: The City Council rejects this alternative on the bases (1) that it is infeasible for the reasons above, would be environmentally inferior to the Proposed Project, would not meet most of the Project Objectives; (2) that each of these bases individually justify the rejection of this alternative; and (3) thereby finds that it was not required to be analyzed in further detail in the EIR. (DEIR, p. 5-5.) 2. Mine Deeper within Fish Creek Cance Description: Mining deeper within Fish Creek Canyon was suggested by concerned citizens in the scoping and NOP process. (Ibid.) It was presented as an alternative to the hillside mining activities in the West Side of the Project Site. (Ibid.) Mining to depths below the existing ground elevations of the Fish Canyon bottom within the Project Site could be accomplished to some depth based on the geometry of the adjacent slopes and property limits but would likely not be able to meet the Proposed Project's 105 million tons of reserves. Estimated reserves with depth in Fish Creek Canyon are estimated to be less than 100 million tons. (Ibid.) Impacts: The potential benefit associated with this alternative could include a reduced visual impact of mining the West Side of the Project Site. (Ibid.) New significant impacts, as compared to the Proposed Project, would occur to Fish Creek and its associated sensitive biological resources, which would be eliminated based on the depth and alignment of the alternative operations needed to meet the 105 mt reserves requirement. (Ibid.) For instance, the 91 canyon bottom would be mined to a deep pit capturing Fish Creek's upstream flows. (Ibid.) Future land uses associated with a reclaimed quarry floor and stream realignment including restoring riparian vegetation and habitat and the alignment of a trail within the canyon would be eliminated in perpetuity. (Ibid.) Thus, overall this alternative would be environmentally inferior to the Proposed Project. Obiectives: With regard to this alternative, it is not likely that the deep excavation of Fish Creek would be allowed by state and federal agencies, such as CDFG and USACE, due to the elimination of the possibility of restoring Fish Creek's downstream portion. If the depth of mining were therefore limited, Project Objective 8, regarding obtaining 105 million tons of replacement reserves, would not be fulfilled. Findine: The City Council (1) rejects this alternative on the basis that it either fails to meet basic project objectives or is environmentally inferior to the Proposed Project; (2) finds that either of these grounds provide sufficient justification for rejection this alternative; and (3) therefore finds that this alternative was not required to be analyzed in further detail in the EIR. (]bid.) 3. Mine in the San Gabriel River Description: Another location alternative considered is extending the quarry activities outside the existing Project Site boundary along the adjacent San Gabriel River. (Ibid.) This alternative was presented as an extension of mining into or adjacent to the San Gabriel River, as an alternative to the hillside mining activities. (Ibid.) Portions of the San Gabriel River and areas adjacent to the current river channel have been mined in the past providing much of the construction material for the San Gabriel Valley and Los Angeles Basin over the past 50+ years. (Ibid.) Some sites still serve as aggregate resources such as the Reliance Quarry and several operations in Irwindale. (Ibid.) Most of the existing quarries have generally been mined to their property limits allowing no options for expansion although some have been permitted to mine deeper. (Ibid.) Several quarries have been closed and are being backfilled with construction wastes or non -salable aggregate materials. (Ibid.) This includes the site of the Irwindale Speedway and the pit directly southwest of the Reliance facility, south of Foothill Boulevard and west of Irwindale Avenue. (Ibid.) Former active operations located on the east side of the San Gabriel River south of Fish Creek mined in concurrence with Fish Canyon, have been closed and reclaimed. (Ibid.) They currently serve as groundwater percolation basins within the jurisdiction of Los Angeles County Flood Control District. (EIR 5-6.) Urban areas now surround the river channel and any existing mining operations, resulting in the expansion or the start-up of a new quarry and the likelihood of providing 100 mt of aggregates as being unlikely. (Ibid.) In addition, according to the City of Azusa General Plan Guidelines, new quarries along and within the river would be subject to policies of the San Gabriel River Corridor Master Plan. (Ibid.) Impacts: The potential location of a riverbed quarry alternative is undefined but would require placement within vacant open space within portions of the flood control easements in Azusa's municipal jurisdiction. (Ibid.) It would also likely bring mine activities and associated impacts (noise, visual, and air quality) into direct conflict with or in close proximity to the residential, commercial, and recreational land uses currently in place adjacent to the riverbed PA alignment. (Ibid.) It may also significantly impact hydrological and sensitive biological resources. (Ibid.) This alternative would not reduce or eliminate potential impacts associated with aggregate production beyond hillside viewshed visibility of mining on the West Side. (Ibid.) It would require a transfer of title or lease agreement with the underlying property owner (likely USACOE and Los Angeles County Flood Control District). (Ibid.) Objectives & Feasibility: The Mine in the San Gabriel River Alternative would not meet the goals and objectives of the City. (Ibid.) Specifically, this alternative would not likely meet Project Objective 8, regarding obtaining 105 million tons of replacement reserves. It is also not likely that any sites in the riverbed can be permitted or leased to allow mining, given the significance of the San Gabriel as a natural resource, which presents feasibility issues, as well. Finding: The City Council (1) rejects this alternative on the basis that it fails to meet basic project objectives, is infeasible, and is environmentally inferior to the Proposed Project; (2) finds that any of these grounds individually provide sufficient justification for rejection this alternative; and (3) therefore finds that this alternative was not required to be analyzed in further detail in the EIR. 4. Mine to the North Instead of the West Description: Another alternative location would be to mine the north side instead of the west. (Ibid.) Areas to the north are under the management of the U.S. Forest Service or the City of Duarte. (Ibid.) Impacts: Besides the lack of ownership and difficulty in permitting a mine on forest lands or in a separate jurisdiction, the areas to the north encompass higher and steeper terrain, making it likely that visual impacts would be more significant than the Proposed Project. (Ibid.) Biological resources issues are also likely to be greater than those with the Proposed Project. Feasibility. This alternative would require obtaining agreement with the U.S. government to mine in the Angeles National Forest. Given the controversy and opposition generated by the Proposed Project, an attempt to mine in the National Forest is deemed to infeasible from a permitting standpoint. Finding: The City Council (1) rejects this alternative on the basis that it is infeasible and is environmentally inferior to the Proposed Project; (2) finds that either of these grounds provide sufficient justification for rejection this alternative; and (3) therefore finds that this alternative was not required to be analyzed in further detail in the EIR. 5. Mine to the East Instead of the West Description: Responses to the NOP and scoping meeting included the issue of moving the existing mine to the east rather than to the west. (Ibid.) The existing mine is permitted to the east and the Applicant would be expected to mine this area under the current CUP and Reclamation Plan should the Proposed Project be rejected or denied. (Ibid.) This alternative is essentially the No Project Alternative, discussed below. (Ibid.) There is a small portion of hillside immediately east of the existing property boundary potentially connectable to the East Side quarry, which would be mined under this alternative. (Ibid.) 93 Impacts: This alternative would extend the existing operation closer to the Mountain Cove community resulting in land use compatibility conflicts and increased visual impact. (Ibid.) Therefore, this alternative would be environmentally inferior to the Proposed Project. (Ibid.) This alternative is also similar to the Alternative Site Location (see DEIR section 5.3.2) selected for evaluation. (Ibid.) The benefit of the Alternative Site Location is that it is owned by the Project Applicant. (Ibid.) Evaluation of a mine to the east alternative would be duplicative. (Ibid.) Objectives: This Alternative fails to meet the project objectives of prompt reclamation of the East Side, since mining would be occurring there instead of immediate reclamation. (Ibid.) Findin : The City Council (1) rejects this alternative on the basis that it fails to meet basic project objectives and is environmentally inferior to the Proposed Project; (2) finds that either of these grounds provide sufficient justification for rejection this alternative; and (3) therefore finds that this alternative was not required to be analyzed in further detail in the EIR. B. ALTERNATIVES SELECTED FOR ANALYSIS The CEQA Guidelines indicate that n EIR must "describe a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." (Guidelines § 15126.6[a].) Accordingly, the alternatives selected for review pursuant to the EIR focus on: (a) the specific General Plan policies pertaining to the project site and (b) alternatives that could eliminate or reduce significant environmental impacts to a level of insignificance, consistent with the project objectives (i.e. the alternatives could impede to some degree the attainment of project objectives). The alternatives analyzed in the following sections include: ■ No Project Alternative • Alternative Site • Alternative Design 1. No Project Alternative Description: The No Project Alternative, as required by CEQA, considers the potential impacts associated with the Project Site upon denial or withdrawal of the Proposed Project. (Ibid.) Should the City deny approval of the Proposed Project, VMC will continue its existing permitted uses: mining on approximately 190 acres under a Special Use Permit; transferring of material using its overland conveyor; and implementation of its CUP and Reclamation Plan through the year 2038. (Ibid.) All existing permits and conditions that govern the Azusa Rock Quarry would remain in place with no changes. (Ibid.) The No Project Alternative does not stop or reduce the currently permitted mine operations; it allows the existing mine to continue to operate under the 1988 CUP and Reclamation Plan. (Ibid.) Impacts. Because the No Project Alternative would utilize the existing Reclamation Plan, significant and unavoidable impacts associated with aesthetics would occur, and these impacts would be greater than those of the Proposed Project. (DEIR, p. 5-41.) Objectives & Feasibility: The No Project Alternative would not meet Project Objectives 1 through 4 and 6, because reclamation would not occur under the proposed Reclamation Plan, which features superior reclamation techniques. The No Project Alternative is also infeasible for policy reasons, as it fails to comply with the intent of the City's General Plan, which favors orienting mining to be less visible to the public. (Ibid.) Findin : The City Council (1) rejects this alternative on the basis that it fails to meet basic project objectives, is environmentally inferior to the Proposed Project, and is infeasible for policy reasons; and (2) finds that either of these grounds provide sufficient justification for rejection this alternative. 2. Alternative Site Location Description: The Alternative Site Location would add the 42 -acre former Gun Club area located to the southeast of the Project Site with the currently mined and undisturbed acres on the East Side. (Ibid.; see also FIR Figure 5-23.) The ridge above the Gun Club would be completely removed to join the back slope of the northeast ridge at an elevation of approximately 900 to 1,000 feet amsl. (Ibid.) The amount of material in the gun club area and the additional excavations on the south half of the existing East Side would potentially produce a similar volume of material as the Proposed Project's West Side approximate 80 acres proposed to be mined. (Ibid.) This alternative would be able to utilize the existing infrastructure and the overland conveyor. (EIR 5-43.) Impacts: The Alternative Site Location would have aesthetic impacts that are significant and greater than those of the Proposed Project. (DEIR, p. 5-43.) Additionally, this alternative would result in a significant impacts with regard to land use and noise that the Proposed Project does not. (DEIR, pp. 5-44 to 5-45.) Obiectives & Feasibility: The alternative would not meet the objectives of the City General Plan, such as those relating to orienting mining to be less visible to the public and keeping mining from expanding mining into areas not encompassed within an existing quant', and thus would be infeasible from a policy standpoint. (Ibid.) This alternative would also fail to meet Project Objectives 3; relating to the immediate reclamation of the east side of the Quarry Finding: The City Council (1) rejects this alternative on the basis that it fails to meet basic project objectives, is environmentally inferior to the Proposed Project, and is infeasible for policy reasons; and (2) finds that either of these grounds provide sufficient justification for rejection this alternative. 3. Alternative Design Description: A potential significant impact as assessed for the Proposed Project is the visual impact of mining during Phases I -W and II -W as viewed from areas in the City of Duarte to the southwest of the site. (Ibid.) This alternative design was developed to address the significant visual impact to areas of Duarte. (Ibid.) The Alternative Design would set back mining by up to 400 feet east of the western boundary within the north half of the westerly approximate 80 acres in order to leave in-place a natural ridgeline to block the view of the 95 proposed excavated areas (Ibid.; see also EIR Figure 5-24.) This setback would limit mining to the east side of this ridge and would reduce the West Side approximate 80 -acre mine area by about 23 acres and reduce the amount of material by 47 million tons or approximately 47 percent. (EIR 5-48.) The loss of reserves is disproportionate to the acreage due to the required sloping of the excavated slopes into Fish Canyon. (Ibid.) This alternative assumes that this amount of material would be replaced by additional mining on the East Side. (Ibid.) Impacts: The Alternative Design Alternative would result in significant and unavoidable impacts with regard to aesthetics. While avoiding the significant and unavoidable impact of the Proposed Project to scenic view from Duarte, this alternative would result in other, new aesthetic impacts that are deemed to be greater than those associated with the Proposed Project. (DEIR, p. 5-48.) As a result, this alternative does not present an overall environmental advantage over the Proposed Project. Objectives & Feasibility: The Alternative Design Alternative would not meet Project Objectives regarding the reclamation of the east side of Fish Creek Canyon, as this area would be subject to long-term mining instead of immediate reclamation. Additionally, this alternative would not meet the City's policy plans with a regard to ameliorating visual mining impacts, and thus is infeasible from a policy standpoint. Findings: The City Council (1) rejects this alternative on the basis that it fails to meet basic project objectives, is environmentally inferior to the Proposed Project, and is infeasible for policy reasons; and (2) finds that either of these grounds provide sufficient justification for rejection this alternative. Of the alternatives considered in depth in the EIR, the City Council finds the Alternative Design Alternative to be the environmentally superior alternative; however, it is not environmentally superior to the Proposed Project, and on the bases outlined above, it is rejected in favor of the Proposed Project. SECTION 9: RESOLUTION ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS. The City Council hereby declares that, pursuant to State CEQA Guidelines Section 15093, the City Council has balanced the benefits of the Project against any unavoidable environmental impacts in determining whether to approve the Project. Pursuant to the State CEQA Guidelines, if the benefits of the Project outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The City Council hereby declares that the EIR has identified and discussed significant effects which may occur as a result of the Project. With the implementation of the Mitigation Measures discussed in the EIR and adopted by this Resolution, these effects can be mitigated to a level of less than significant except for the single unavoidable significant impact discussed in Section 4 of this Resolution. The City Council hereby declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Project. The City Council hereby declares that to the extent any Mitigation Measures recommended in the EIR would not be incorporated, such Mitigation Measures are infeasible 92 because they would impose restrictions on the Project that would prohibit the realization of specific economic, social and other benefits that this City Council finds outweigh the unmitigated impacts. The City Council further finds that except for the Project, all other alternatives set forth in the EIR are infeasible because they would prohibit the realization of Project objectives and/or specific economic, social and other benefits that this City Council finds outweigh any environmental benefits of the alternatives. The City Council hereby declares that, having reduced the adverse significant environmental effect of the Project to the extent feasible by adopting the Mitigation Measures contained in this Resolution, having considered the entire administrative record on the Project, and having weighed the benefits of the Project against its unavoidable adverse impact after mitigation, the City Council has determined that each of the following social, economic and environmental benefits of the Project separately and individually outweigh the potential unavoidable adverse impact and render those potential adverse environmental impacts acceptable based upon the following overriding considerations. • The Proposed Project will provide an aesthetically and environmentally superior design on the existing mining site by creating natural landforms that blend into the surrounding environment by using micro -benching reclamation methods. (DEIR, pp. 3-25, 4.1-2, 4.1-19, 4.1-24.) ` The Proposed Project will reduce existing undesirable aesthetic features associated with past mining and reclamation conducted under conventional methods by utilizing microbenching, contouring the hillsides, and revegetating in order to create a much more natural appearing reclaimed slope. (DEIR, pp. 4.1-2, 4.1-17 to 4.1-42.) ■ The Proposed Project will result in the site's overall aesthetics being far superior to what the aesthetics will be upon completion of the current, vested 1988 Reclamation Plan, as the latter incorporates reclamation by conventional benching, which will be starkly visible from many vantage points, and the former will utilize hillside contouring and microbenching, which is designed to create a more natural appearance and to allow more area for revegetation to occur as compared to conventional benching. (DEIR, pp. 5-8 to 5-38.) • The Proposed Project will revegetate the disturbed mine surfaces through the Project Site using native plant species. (DEIR, pp. 3-28, 4.3-36.) ■ The Proposed Project will establish and maintain viable habitat on the reclaimed quarry slopes. (DEIR, pp.3-42, 4.3-38.) ■ The Proposed Project provides a reliable supply of Portland cement concrete (PCC) -quality aggregate to meet the existing and future regional market demands. (DEIR, pp. 3-7 — 3-10.) ■ The Proposed Project obtains replacement reserves for the 105,000,000 tons 97 currently permitted within a footprint replicating the area of the currently permitted mine boundary by replicating the existing 190 -acre permitted area within the approximate 270 -acre site. (DEIR, p. 3-27; FEIR, p. 4-6.) • The Proposed Project maintains a level of tax revenue for the City of Azusa equivalent to or greater than the existing mining tax ordinance would produce under the Applicant's current entitlements. (See Project Development Agreement.) ■ The Proposed Project maintains existing or equivalent levels of employment both in terns of the number of jobs and the duration of such jobs being available on the site. (DEIR, pp. 4.11A to 4.11-2.) ■ The Proposed Project provides, via the Project Development Agreement (incorporated herein by this reference), specific benefits such as acceleration of the payment of excavation taxes to the City, the expansion of the applicability of such taxes to cover overburden; pricing discounts for the City on certain amounts of aggregate produced by the City; payments for the funding of scholarship and environmental programs; a $0.05 per ton fee to fund library construction and various City programs; a right to purchase Vulcan's water rights; the dedication as open space of a trailhead and the eastern portion of the quarry; a right of first refusal to purchase the eastern mining area; and the provision by the applicant of a PM 10 monitor. The City Council hereby declares that the foregoing benefits provided to the public through approval and implementation of the Project outweigh the identified significant adverse environmental impact of the Project, which cannot be mitigated. The City Council finds that each of the Project benefits separately and individually outweighs the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable. SECTION 10: CERTIFICATION OF THE EIR. The City Council finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the E1R is an accurate and objective statement that has been completed in full compliance with CEQA, the State CEQA Guidelines and the City's Local CEQA Guidelines and that the EIR reflects the independent judgment and analysis of the City Council. The City Council declares that no evidence of new significant impacts as defined by State CEQA Guidelines section 15088.5 have been received by the City after circulation of the Draft EIR which would require recirculation. Therefore, the City Council hereby certifies the EIR based on the entirety of the record of proceedings, including but not limited to the following findings and conclusions: A. Findings. The following significant environmental impacts have been identified in the EIR and will GI require mitigation as set forth in Section 4 of this Resolution but cannot be mitigated to a level of less than significant: Aesthetics and Visual Impacts (significant impacts to scenic vistas from Viewpoint 5 — Various Duarte Residences.) B. Conclusions. All significant environmental impacts from the implementation of the Project have been identified in the EIR and, with implementation of the Mitigation Measures identified, will be mitigated to a less than significant level, except for the impacts listed in subsection A above. Other reasonable alternatives to the Project which could feasibly achieve the basic objectives of the Project have been considered and rejected in favor of the Project. Environmental, economic, social and other considerations and benefits derived from the development of the Project override the significant and unavoidable impact of the Project identified in subsection A above. SECTION 11: RESOLUTION ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached to this Resolution as Exhibit A. Implementation of the Mitigation Measures and Project Design Features contained in the Mitigation Monitoring and Reporting Program is hereby made a condition of approval of the Project. In the event of any inconsistencies between the Mitigation Measures as set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. SECTION 12: RESOLUTION REGARDING CUSTODIAN OF RECORD. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the City of Azusa Department of Community Development, 213 E. Foothill Boulevard, Azusa, California. The custodian for these records is the Director of Community Development. This information is provided in compliance with Public Resources Code section 21081.6. SECTION 13. RESOLUTION REGARDING STAFF DIRECTION. A Notice of Determination shall be filed with the County of Los Angeles and the State Clearinghouse within five (5) working days of final Project approval. ADOPTED AND APPROVED this 17a' day of May, 2010. J eph . Rocha, Mayor ATTEST: I HEREBY CERTIFY that the foregoing Resolution No. 10-C30 was adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 17th day of May, 2010, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAI COUNCILMEMBERS: Vera Mendoza Ci Clerk City CARRILLO, MACIAS, HANKS GONZALES,ROCHA NONE NONE 100 EXHIBIT "A" MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING REPORTING PROGRAM Project: Azusa Rock Revised Conditional Use Permit & Reclamation Plan Applicant: Vulcan Materials Company — Western Division Lead Agency: City of Azusa Date: May 2010 Project Design Feature / Mitigation Measures Responsible Monitoring Timing of Method of Verified Date Implementing Aesthetics Project Design Feature -3. Apply a micro -benching City of Azusa Throughout the During inspections On-site Inspection methodology to reduce the height and width of the Community life of the project step -benches and include native vegetation as Development measures to eliminate negative aesthetic elements Department associated with traditional benching method. Project Design Feature -4. Final reclaimed slopes are City of Azusa Throughout the During inspections On-site Inspection to be contoured horizontallyand verticallyto mimicthe Community life of the project pre -mining contours, incorporating vertical articulation Development thereby eliminating negative aesthetic elements. Department Mitigation Measure AES -1: In order to reduce potential City of Azusa Throughout the Prior to On-site Inspection impacts associated with the west quarry ridgeline, a 20- Community west quarry's commencing foot operating berm shall be maintained in place during Development Phases II -W operations the west quarry's Phase II -W mining as outlined in Department Figure 4.1-38 of the Draft EIR. This will obscure equipment from view and deflect equipment noise durino o erations see Section 4.9 Noise mitigation). Mitigation Measure AES -2: The operator shall comply City of Azusa Throughout the During inspections On-site Inspection with the City of Azusa Development Code Chapter Community life of the project 88.31.030, "Outdoor Lighting." The operator shall use Development high-pressure sodium and/or cut-off fixtures instead of Department mercury-vapor fixtures for any required nighttime lighting of the operations. The lighting shall also be designed to confine illumination to the Project Site, and/or to areas that do not include light-sensitive uses. Mitigation Measure AES -3: No -mining shall be allowed City of Azusa Throughout the During inspections On-site Inspection after dusk within 300 feet of the west quarry Project Site Community life of the project boundary. Development Department Project Design Feature/ Mitigation Measures Responsible Monitoring Timing of Method of Verified Date Implementing Air Quality Proiect Design Feature — 6. Minimize the release of air City of Azusa Throughout the During inspections On-site inspection borne dust and emissions through regular application Community life of the of water to dampen stockpiles, working mine faces, Development project. and on-site access roads. Department Mitigation Measure AQ -1: Daily peak production shall SCAQMD Throughout the During inspections On-site Inspection be restricted to not more than 19,000 tons per day and life of the project 6,000,000 tons per year. Mitigation Measure AQ -1 a: Daily production shall be City of Azusa Throughout the During inspections On-site Inspection limited to no more than 19,000 tons per day in order to Community life of the project reduce the Proposed Project's potential to emit NO., Development SO„ VOC, CO, PM1o, and PM2.5 emissions to less Department than the SCAQMD CEQA significance thresholds. Mitigation Measure AQ -1 b: The SCAQMD CEQA City of Azusa Throughout the During inspections On-site Inspection significance thresholds shall be used to curtail the Community life of the project facility's throughput to reduce the project's potential to Development emit NO,, SO, VOC, CO, PM1o, and PM2.5 emissions Department to less than significant. The Emissions Inventory Plan (Appendix c.2.3, sub -appendix II -B) includes the methodology to evaluate NO,, VOC, and CO in a similar manner to that presented below for NO,. .The facility -wide NO, emissions factor shall be 0.0213 Ib/ton processed. *The baseline (i.e., current) peak day NO, emissions is 351 Ib/day, and *The SCAQMD mass daily threshold is NO, 55 Ib/day. In light of the above information, the Facility may emit 405 Ib/day of NO, and remain less than the SCAQMD NO, Mass Daily threshold (405 lbs/day = 351 lbs/day current emissions +54 lbs/day to remain under the NO, significance threshold). In order for the Project to result in less than significant impacts for all air quality aspects, it shall be restricted to production of no more than 19,000 tons per day. Project Design Feature / Mitigation Measures Responsible Monitoring Timing of Method of Verified Date Implementing Throughout the During On-site Mitigation Measure AQ -1c: a) Continue the City of Azusa mandatory use of the materials conveyor system to Community life of the project inspections; Inspection; preclude the use of on -road haul trucks traveling Development monitoring of verification of through residential neighborhoods. Department activities during citizen complaints high -wind days b) If winds exceed 25 mph as an hourly average, site disturbance activities, including but not limited to blasting, shall be suspended. Mitigation Measure AQ -1 d: Daily peak production shall initially be restricted to 6,060 tons per day using existing equipment. Prior to implementation of any increases in daily production levels, the Applicant will prepare and submit to the City an inventory of its current construction equipment fleet. If the City finds that the construction equipment fleet's composition conforms with the assumptions used in the air quality report found in the Draft EIR Appendix C.2.3, daily production may be increased to a maximum of 19,000 tons per day. Mitigation Measure AQ -2: For on-site stationary sources, SCAQMD Throughout the During inspections On-site Inspection VMC shall be in compliance with applicable SCAQMD life of the project permitting and operation requirements and emission control measures Biological Resources Project Design Feature —1. Enlarge and maintain the City of Azusa Prior to initiation During inspection On-site Inspection on-site storm water detention basin, which serves to Community of further prior to disturbing decant and retard drainage from mined areas from Development disturbance to of currently directly entering Waters of the U.S. (Fish Creek and Department currently undisturbed areas the San Gabriel River), from the existing 9.8 acre-feet undisturbed to 12 acre-feet or greater capacity. areas Project Design Feature -2. Maintain the on-site slope City of Azusa Throughout the During inspection On-site Inspection and grade in a manner to direct drainage of surface Community life of the project flows to the on-site storm water detention basin. Development Department Project Design Feature — 3. Apply a micro -benching City of Azusa Throughout the During inspection On-site Inspection methodology to reduce the height and width of the Community life of the project step -benches and include native vegetation as Development measures to eliminate negative aesthetic elements Department associated with traditional benching method. Project Design Feature / Mitigation Measures Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /initials Mitigation Measure BIO-1: City of Azusa Prior to each During on-site On-site inspection a) As part of the mining and reclamation activities, the Community mining phase surveys Applicant shall salvage plants and collect the seeds Development of the San Gabriel River dudleyas that will be Department/ removed as part of Phases I-E, IV-W and V-W (see Figure 3-16 of Draft EIR for phasing). This Qualified requirement is only limited by the ability of the Biologist biologist to collect seeds or salvage plants safely, without risk of serious injury or death. Dudleyas that can be safely removed from future mining areas shall be salvaged and transplanted and/or the collected seeds shall be spread onto the areas to be reclaimed with a similar slope and aspect. The Revegetation Plan for the revegetation and monitoring of this species included in the final Revised Reclamation Plan is incorporated herein by this reference and must be complied with in order to satisfy this Mitigation Measure. b) Prior to each phase of mining, surveys for the San Gabriel River dudleya shall be conducted to determine if the species is present at that point in time and if so, the number of the plants to be impacted. The plants favorable for transplanting will be salvaged and transplanted and/or collected seeds seeded onto areas to be reclaimed with similar slopes and aspects where they currently occur. The Revegetation Plan specifically addressing this species included in the Final Reclamation Plan is incorporated herein by this reference and shall be complied with in order to satisfy this Mitigation Measure. This Plan includes the method for salvaging and seed collection, selection of the areas to be revegetated, methods for transplanting and seeding, monitoring, and remediation in order to achieve a success criteria of 50% of the number of plants found in the pre- construction surveys. Project Design Feature / Mitigation Measures Responsible Monitoring Timing of Method of Verified Date Implementing Action for Monitoring Frequency Verification Verification /initials Mitigation Measure BIO -2: To avoid impacts to the City of Azusa Throughout the During on-site On-site Inspection Santa Ana speckled dace, Coast range newt, Two- Community life of the project inspections striped garter snake, southwestern willow flycatcher, Development Copper's hawk, osprey, and on suitable habitat for least Department Bell's vireo, project activities (excluding future potential creek restoration) must avoid disturbing Fish Creek habitat, water flow and quality, and VMC shall maintain a 25 -foot buffer from the edge of the creek banks or the riparian vegetation, whichever is furthest, including the entire restoration area. Mitigation Measure BIO -3: To avoid impacts to Southern City of Azusa Throughout the During on-site On-site California rufous -crowned sparrow, coastal California Community life of the project inspections inspections gnatcatcher, least Bell's vireo, and. other nesting birds Development protected under the Migratory Bird Treaty Act, mining Department activities will only remove existing chaparral and coastal sage scrub during the non -nesting season (September 1 Qualified through February 15). If clearing of native habitats is Biologist going to occur during the breeding season, then a qualified biologist shall conduct a survey for nesting birds within three days of the initiation of clearing. If active bird nests are observed, then a buffer of 100 feet shall be established around the nests and no activities shall occur within the buffer until the young have fledged or the nest has failed. A qualified biologist shall be utilized to conduct the surveys and to determine the status of active or failed nests. Mitigation Measure BIO -4: To offset streambed and CDFG/ACOE Prior to impacts During on-site On-site inspection habitat impacts to 2.34 acres of CDFG jurisdictional to waters of the inspections area and 0.34 acres of waters of the U.S., the Project U.S Applicant shall be required to comply with one of the following or a combination of one or more of the following:(1) purchase credits at a 2 to 1 ratio or approximately 5 acres/credit at an approved mitigation bank which supports the San Gabriel River, through other regional conservation programs (such as San Gabriel Mountains Regional Conservancy); (2) establish on-site drainages and vegetation within the reclaimed West Side quarry floor at a 2 to 1 ratio; or (3) dedicate or contribute 5 acres of appropriate lands as a permanent conservation easement to a conservation group. Note that these compensation ratios are typical and are subject to review and agreement with the CDFG via Section 1602 Streambed Alteration Agreement and the ACOE via the Section 404 permitting process. Project Design Feature / Mitigation Measures Responsible Monitoring Timing of Method of Verified Date Implementing Action for Monitoring Frequency Verification Verification /initials Mitigation Measure BIO -5: Excavation and mining within City of Azusa Throughout the During on-site On-site the periphery of Fish Creek will be under the observation Community life of the project inspections inspections of the consulting biologist at all times to assure no Development adverse impacts will occur to the drainages and Department/ tributaries of the Waters of the United States and Waters of the State, unless such effects have been Qualified recognized and permitted through appropriate permits, Biologist agreements and certifications issued by the respective responsible agencies. In order to prevent adverse impacts to Fish Creek the consulting biologist will provide staking and fencing of the drainages to delineate the areas of special concern, as these areas were identified in the Biological Resource Assessment contained in Draft EIR appendices C.3, C.3.2, and C.3.6. The biologist will monitor activities in the vicinityof these areas to ensure that the staked areas of exclusion are not intruded by either the equipment/operations or indirectly by soil movements. Mitigation Measure BIO -6: Prior to mining activities on City of Azusa Prior to mining During survey On-site inspection undisturbed portions of habitat located on the West Community activities on the Side of the Project Site, these areas will be surveyed Development undisturbed and oak tree species will be recorded and quantified Department portion of to determine if said trees meet the criteria of a habitat on the protected oak tree. If oak trees are found on-site that west side. have a diameter breast height of 8 inches or more, the Applicant shall either under the supervision of the City relocate the oak trees or plant new trees (with a 15 - gallon minimum box size) along reclaimed drainages at a 3:1 ratio for each tree removed. Project Design Feature/ Mitigation Measures Responsible Monitoring Timing of Method of Verified Date Implementing Action for Monitoring Frequency Verification Verification /Initials Cultural Resources Mitigation Measure CR -1: Azusa Rock personnel Qualified Throughout the In the event On-site inspection working on the Project Site shall receive training from a Archeologist life of the project cultural resources qualified archaeologist to identify cultural resources and are discovered to monitor during excavation operations, Trained personnel shall have the authority to stop work if a potential cultural resource is encountered. In the event that buried cultural resources, including historic or archeological resources, are discovered during construction, operations shall cease in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archeologist shall make recommendations to the Lead Agency on measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. The City shall ensure that recommended measures are implemented by VMC. Measures may include but are not limited to: a detailed mapping of the findings; a recordation of the discovery with appropriate agencies; potential tests (if needed) to evaluate the resources' eligibility for listing in the National Register or California Register of Historic Resources, and recovery and curation. A technical report would then be prepared to document field methods and results. Mitigation Measure CR -2: In accordance with 36 CFR City of Azusa Throughout the In the event On-site inspection 800.13(b)(3), the State Historic Preservation Officer Community life of the project archeological and Native American tribe contacts as listed on the Development artifacts are letter (dated September 28, 2007) received from Native Department/Na discovered American Heritage Commission, as well as the live American Advisory Council on Historic Preservation will be Heritage notified within 48 hours of the discovery of any Commission archaeological artifacts. Native American groups will be given the option of accepting recovered artifacts. Project Design Feature / Mitigation Measures Responsible Monitoring Timing of Method of Verified Date Implementing Action for Monitoring Frequency Verification Verification /initials _Mitigation Measure CR -3: Mine personnel shall receive Qualified Throughout the Pre -project Training sign - pre -project paleontological recognition training from a Paleontologist life of the project training in/attendance qualified paleontologist. Any possible fossils sheet encountered in the unconsolidated gravels shall be marked with a 50 -foot exclusion radius until the qualified paleontologist can respond to the unanticipated discovery. The paleontologist shall then map and record the discovery, test, (if needed) and evaluate the resource in accordance with applicable State regulations. A technical report shall be prepared to document methods and results. If the paleontologist determines that the resources is unique, recovery and curation of the resource shall be required. Mitigation Measure CR -4: If human remains of any kind Los Angeles Throughout the In the event Coroner's report/ are found during mining activities, all activities must County life of the project human remains cease immediatelyand the Los Angeles County Coroner Coroner/ are discovered and a qualified archaeologist must be notified. The Qualified Coroner will examine the remains and determine the Archaeologist/ next appropriate action based on his or her findings. If Native the coroner determines the remains to be of Native American American origin, he or she will notify the Native Heritage American Heritage Commission. The Native American Commission Heritage Commission will then identify the most likely descendants to be consulted regarding treatment and/or reburial of the remains. If a most likely descendant cannot be identified, or the most likely descendant fails to make a recommendation regarding the treatment of the remains within 48 hours after gaining access to them, Vulcan shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. Geology and Soils Project Design Feature -2. Maintain the on-site slope City of Azusa Throughout the During on-site On-site inspection and grade in a manner to direct drainage of surface Community . life of the project inspections flows to the on-site storm water detention basin. Development Department Proiect Design Feature -3. Apply a micro -benching City of Azusa Throughout the During on-site On-site inspection methodology to reduce the height and width of the Community life of the project inspections step -benches and include native vegetation as Development measures to eliminate negative aesthetic elements Department associated with traditional benching method. Project Design Feature / Mitigation Measures Responsible Monitoring Timing of Method of Verified Date Implementing Action for Monitoring Frequency Verification Verification linitials Project Design Feature -4. Final reclaimed slopes are City of Azusa Throughout the During on-site On-site inspection to be contoured horizontallyand verticallyto mimicthe Community life of the project inspections pre-mining contours, incorporating vertical articulation Development thereby eliminating negative aesthetic elements. Department Mitigation Measure GS-1: Fill material selection and City of Azusa Community Prior to use of fill material for Prior to constructing Laboratory Shear Testing; on-site testing. The buttress fill constructed at the toe of the eastern slope to improve its stability shall be constructed Development buttress buttress at toe of inspection of material with a shear strength of equal or better than Department construction eastern slope; on- friction angle of 45 ° and cohesion of 500 psf. To ensure site inspection to that these criteria are met, the fill material shall be verify laboratory tested prior to use. Due to the coarse implementation gradation of the on-site fill available, specialized laboratory shear testing may be required. If laboratory test results indicate that the cohesion of the fill is insufficient, sufficiently strong material could potentially be obtained through the addition of geosynthetic fibers (Geofibers) or application of a geogrid; materials shall be approved by the City of Azusa. Mitigation Measure GS-2: Geologic mapping of actual City of Azusa Building Official Throughout the life of the project Prior to the design of future phases Submittal of additional studies cut slopes. The existing natural and cut slopes are on the order of 1/4-mile from the planned final cut slopes, analyzing rock Considering the highly fractured, discontinuous nature of mass the rocks, it is possible that the planar discontinuity discontinuities orientations within the final cut will be significantly different than the present exposures. The orientation of the cut slopes can be a major factor since slopes oriented such that discontinuities are daylighted (i.e. unsupported) will be more susceptible to slides than slopes with discontinuities dipping into slope or neutral to the slope face. The Applicant shall provide additional studies to determine the orientation and characteristics of the rock- mass discontinuities and of the cut slopes, to provide further mitigation of slope failure. By mapping and monitoring cut-slope discontinuities, slope cuts can be oriented to minimize adverse relationships thereby reducing the slide potential. In certain areas, adjusting the design of future phase bench widths and sequencing would mitigate the hazards. Project Design Feature / Mitigation Measures Responsible Monitoring Timing of Method of Verified Date Implementing Action for Monitoring Frequency Verification Verification /initials Hydrology and Water Quality Project Design Feature -1. Enlarge and maintain the City of Azusa At initiation of Issuance of Review of grading on-site storm water detention basin, which serves to Community project grading permits permit request; decant and retard drainage from mined areas from Development and on-site on-site inspections directly entering Waters of the U.S. (Fish Creek and Department inspections the San Gabriel River), from the existing 9.8 acre-feet to 12 acre-feet or greater capacity. Project Design Feature — 2. Maintain the on-site slope City of Azusa Throughout the During on-site On-site and grade in a manner to direct drainage of surface Community life of the project inspections inspections flows to the on-site storm water detention basin. Development Department Mitigation Measure HWQ-1 • The Applicant shall be City of Azusa Through the Prior to On-site inspection required to expand on-site storm water detention Community duration of the commencing capacity to a minimum of 12 acre-feet for the duration of Development mining and operations within the mining and reclamation periods Department reclamation the western 80 - periods. acre area. Noise Mitigation Measure N-1: Mining activities shall only be City of Azusa Throughout the On-site On-site permitted within Phases I -W and II—W along the Community life of the project inspections inspections western and southern boundary of the Project Site Development during the defined construction hours of 7 a.m. to 6 Department p.m. Mitigation Measure N-2: During all excavation, City of Azusa Throughout the On-site On-site hauling, and processing of materials, the operator Community life of the project inspections inspections shall equip equipment with properly operating and Development maintained mufflers, stationary engine enclosures, or Department other noise suppression devices consistent with manufacturers' standards. Mitigation Measure N-3: Blasting shall only be City of Azusa Throughout theOn-site On-site conducted between the hours of 10 a.m. and 6 p.m. Community life of the project inspections inspections Monday through Saturday with no blasting allowed on Development Sundays or holidays. Department