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Mitigated Negative Declaration for
S E P T E M B E R 2 0 1 1
Santa Margarita Water District26111 Antonio Parkway
Rancho Santa Margarita, California 92688
P R E P A R E D F O R :
605 Third StreetEncinitas, CA 92024
P R E P A R E D B Y :
Supplemental Water Lease
DRAFT
DRAFT
Supplemental Water Lease
Mitigated Negative Declaration
Prepared for:
Santa Margarita Water District 26111 Antonio Parkway
Rancho Santa Margarita, California 92688 Contact: Daniel R. Ferons
Prepared by:
605 Third Street
Encinitas, California 92024
Contact: Elizabeth Doalson
SEPTEMBER 2011
Printed on 30% post-consumer recycled material.
Supplemental Water Lease Mitigated Negative Declaration
7010 i September 2011
TABLE OF CONTENTS
Section Page No.
ACRONYMS AND ABBREVIATIONS ................................................................................... III
1.0 INTRODUCTION..............................................................................................................1
1.1 Introduction ............................................................................................................. 1
1.2 California Environmental Quality Act (CEQA) Authority to prepare a
Negative Declaration .............................................................................................. 1
1.2.1 Incorporation by Reference......................................................................... 2
1.3 Content and Format of Mitigated Negative Declaration......................................... 2
1.4 Public Review Process ............................................................................................ 3
2.0 PROJECT DESCRIPTION ..............................................................................................5
2.1 Project Location ...................................................................................................... 5
2.2 Project Description.................................................................................................. 5
2.2.1 Background ................................................................................................. 5
2.3 Project Characteristics .......................................................................................... 11
2.3.1 Project Construction.................................................................................. 15
2.3.2 Discretionary Actions ............................................................................... 17
3.0 FINDINGS ........................................................................................................................19
4.0 INITIAL STUDY ENVIRONMENTAL CHECKLIST ...............................................23
I. Aesthetics .............................................................................................................. 35
II. Agriculture and Forest Resources ......................................................................... 37
III. Air Quality ............................................................................................................ 41
IV. Biological Resources ............................................................................................ 46
V. Cultural Resources ................................................................................................ 53
VI. Geology and Soils ................................................................................................. 55
VII. Greenhouse Gas Emissions ................................................................................... 57
VIII. Hazards and Hazardous Materials ........................................................................ 59
IX. Hydrology and Water Quality ............................................................................... 60
X. Land Use and Planning ......................................................................................... 64
XI. Mineral Resources ................................................................................................ 67
XII. Noise ..................................................................................................................... 68
XIII. Population and Housing ........................................................................................ 70
XIV. Public Services ...................................................................................................... 71
XV. Recreation ............................................................................................................. 72
XVI. Transportation and Traffic .................................................................................... 72
Supplemental Water Lease Mitigated Negative Declaration
TABLE OF CONTENTS (Continued)
Section Page No.
7010 ii September 2011
XVII. Utilities and Service Systems................................................................................ 74
XVIII. Mandatory Findings of Significance ..................................................................... 76
5.0 MITIGATION MONITORING AND REPORTING PROGRAM ............................79
6.0 REFERENCES .................................................................................................................85
LIST OF FIGURES
1 Regional Map .......................................................................................................................7
2 Vicinity Map ........................................................................................................................9
3 Mutual Water Company Water Lease Infrastructure Components ....................................13
4 Important Farmland Designations......................................................................................39
5 MWC Water Lease Infrastructure Components with NCCP .............................................49
6 FEMA 100-year Floodplain ...............................................................................................65
LIST OF TABLES
1 Lease Amount of Supplemental Water (Riparian) by RMV for SMWD ..........................12
2 South Coast Air Quality Management District (SCAQMD) Air Quality
Significance Thresholds .....................................................................................................43
Supplemental Water Lease Mitigated Negative Declaration
7010 iii September 2011
ACRONYMS AND ABBREVIATIONS
Acronym or Abbreviation Definition
Af/yr acre-feet of water per year
AQMP Air Quality Management Plan
ATCM Airborne Toxics Control Measure
BRCP Biological Resources Construction Plan
CAAQS California Ambient Air Quality Standards
CARB California Air Resources Board
CEQA California Environmental Quality Act
CO carbon monoxide
CRM Cultural Resources Management
CWRP Chiquita Water Reclamation Plant
CWTP Chiquita Water Treatment Plant
EIR Environmental Impact Report
EIS Environmental Impact Statement
FEIR Final Environmental Impact Report
GHG greenhouse gas emissions
HCP Habitat Conservation Plan
HOA Home Owners Association
Lbs Pound
LOS level of service
MND Mitigated Negative Declaration
MSAA Master Streambed Alteration Agreement
MWC Mutual Water Company
NCCP Natural Community Conservation Plan
NOx oxides of nitrogen
O3 ozone
PM10 particulate matter less than 10 microns
PM2.5 particulate matter less than 2.5 microns
RMV Rancho Mission Viejo LLC
SAMP Special Area Management Plan
SCAB South Coast Air Basin
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
SMWD Santa Margarita Water District
SOx sulfur oxides
TAC toxic air contaminant
UWMP Urban Water Management Plan
VOCs volatile organic compounds
WQMP Water Quality Management Plan
Supplemental Water Lease Mitigated Negative Declaration
7010 iv September 2011
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Supplemental Water Lease Mitigated Negative Declaration
7010 1 September 2011
1.0 INTRODUCTION
1.1 Introduction
Rancho Mission Viejo LLC (RMV) is forming a Mutual Water Company (MWC) to protect and
maintain the right of RMV land owners to use their riparian water following the subdivision of
riparian lands in the San Juan Watershed. The MWC will hold the riparian water rights of the
landowners and the landowners will have the right to take their proportionate share of the water
for their own use or to assign their allocation of water for use on riparian lands within the San
Juan Watershed. Santa Margarita Water District (SMWD) desires to contract with RMV (acting
as agent of the landowner members of the MWC) for obtaining supplemental supply for certain
non-domestic water uses, primarily for irrigation on parcels. A portion of the leased water could
also be used during grading and construction activities for dust control, trench backfill, and
similar uses within the watershed.
1.2 California Environmental Quality Act (CEQA) Authority to prepare a Negative Declaration
SMWD is the lead California Environmental Quality Act (CEQA) agency for the review and
approval of the proposed project. Based on the findings of the Initial Study/Environmental
Checklist, the District has made the determination that a Mitigated Negative Declaration (MND)
is the appropriate environmental document to be prepared in compliance with CEQA. As
provided for by CEQA Section 21064.5, an MND may be prepared for a project subject to
CEQA when an Initial Study has identified potentially significant effects on the environment, but
(1) revisions in the project plans or proposals made by, or agreed to by, the Applicant before the
proposed Negative Declaration and Initial Study are released for public review would avoid the
effects or mitigate the effects to appoint where clearly no significant effect on the environment
would occur; and (2) there is no substantial evidence in light of the whole record before the
public agency that the project, as revised, may have a significant effect on the environment.
This draft MND has been prepared by the SMWD as the lead agency and is in conformance with
Section 15070(a) of the CEQA Guidelines. The purpose of the MND and the Initial Study
Checklist/Environmental Evaluation is to determine any potentially significant impacts associated
with the proposed project and to incorporate mitigation measures into the project design.
Supplemental Water Lease Mitigated Negative Declaration
7010 2 September 2011
1.2.1 Incorporation by Reference
The following are incorporated by reference in this document according to the CEQA
Guidelines, Section 15150:
Ranch Plan Program EIR No. 589, County of Orange, November 8, 2004, SCH No.
2003021141 (FEIR No. 589)
Addendum No.1 to FEIR 589 – PA1 (PA06-0023), approved July 26, 2006.
Addendum to FEIR 584 and 589 of the Ranch Plan for Cow Camp Road and Ancillary
Infrastructure Improvements, IP 08-388, approved November 2008
Natural Community Conservation Plan/Master Streambed Alteration Agreement/
Habitat Conservation Plan (NCCP/MSAA/HCP) Joint Programmatic EIR/EIS, September
2006, SCH No. 2006061140
NCCP/MSAA/HCP and SAMP Guidelines and Procedures Manual for the Santa
Margarita Water District, July 2007.
These documents are available for review at SMWD Office, located at 26111 Antonio Parkway,
Rancho Santa Margarita, California 92688.
Information from the Ranch Plan FEIR No. 589 relevant to the analysis in this MND includes
the discussion of the environmental setting and impacts associated with each of the
environmental issues discussed in Chapters 3 and 5. Information from the addendum relevant
to this MND includes the environmental setting and impacts associated with Cow Camp Road.
The NCCP/MSAA/HCP Joint Programmatic EIR/EIS is applicable to the proposed project in
relation to the existing conditions and environmental impact analysis associated with
Alternative B-12 (i.e., the Ranch Plan alternative finally adopted by the County and the basis
for current development planning). In addition, the NCCP/MSAA/HCP provided guidance for
reducing potential impacts to biological resources.
1.3 Content and Format of Mitigated Negative Declaration
This MND includes the following:
Section 1.0 Introduction: Provides an introduction to the MND.
Section 2.0 Project Description: Provides a detailed description of the proposed project
evaluated in this MND. This section also includes project location, project background, project
characteristics, construction, project design features, and discretionary actions.
Supplemental Water Lease Mitigated Negative Declaration
7010 3 September 2011
Section 3.0 Findings: Provides findings that the project will not have a significant effect on
the environment and rationale supporting this finding.
Section 4.0 Initial Study Environmental Checklist: Provides an analysis of environmental
issues and concerns surrounding the project.
Section 5.0 Mitigation Monitoring and Reporting Program: Provides a list and responsibility
assignments for all mitigation measures. This section also describes timing considerations for
each mitigation measure.
Section 6.0 References: Provides bibliographic information related to resources utilized
during document preparation.
1.4 Public Review Process
In accordance with CEQA, a good faith effort has been made during the preparation of this MND
to contact affected agencies, organization and persons who may have an interest in this project.
In reviewing the MND and Initial Study, affected public should focus on the sufficiency of the
document in identifying and analyzing the possible impacts on the environment and ways in
which the significant effects of the project are proposed to be avoided or mitigated.
Comments may be made on the MND in writing before the end of the comment period.
Following the close of public comment period, SMWD will consider this MND and comments
thereto in determining whether to approve the proposed project.
Written comments on the MND should be sent to the following address by 5:00 p.m.,
October 7, 2011.
Daniel R. Ferons, Chief Engineer
Santa Margarita Water District
P.O. Box 7005
Mission Viejo, California 92690-7005
Phone: 949.459.6590
Fax: 949.459.6463
Approval and certification of this CEQA document will occur by the SMWD Board of Directors.
Date and time information on the meeting where this document will be considered can be
determined by contacting Daniel Ferons.
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7010 4 September 2011
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Supplemental Water Lease Mitigated Negative Declaration
7010 5 September 2011
2.0 PROJECT DESCRIPTION
2.1 Project Location
The project is located in southeastern Orange County, California. The site is generally located
east of San Juan Capistrano and Interstate 5 (I-5) and along Ortega Highway (State Route 74)
(Figures 1 and 2), within the San Juan Watershed. The project site is also defined as being
located east of Antonio Parkway within, within Planning Areas 1, 2, 3, 4, and 5 of the Ranch
Plan and the SMWD service area.
2.2 Project Description
2.2.1 Background
SMWD is responsible for providing domestic and non-domestic water services for the SMWD
service area, which encompasses approximately 62,674 acres of land in southeastern Orange County,
California. RMV is the agent and manager for the landowners of certain lands in the San Juan
Watershed in southeastern Orange County, California. These lands are a portion of the historic
Rancho Mission Viejo (the Ranch), and are located within the SMWD service area (Figures 1 and 2).
Historically, the Ranch has been used for agricultural uses such as citrus, row-crops, bean fields,
tenant uses such as nurseries and industrial operations, and domestic uses for residences on the
Ranch, and cattle grazing. RMV has riparian water rights through their ownership of riparian
land in the San Juan Watershed. Based on these rights, RMV has historically diverted and used
an average of 3,500 acre-feet of riparian water per year (af/yr) in support of the existing uses
both domestic and non-domestic. The quantity of future diversions and usage depends upon the
hydrology in the watershed. Since the water is riparian, the landowners can divert and/or pump
in excess of 3,500 af/yr as long as the water is appropriately and beneficially used on riparian
lands within the San Juan Watershed.
RMV is currently implementing a comprehensive open space preservation, management, and
development plan for the Ranch (commonly referred to as the Ranch Plan). The Ranch Plan
Program Environmental Impact Report (General Plan Amendment/Zone Change (PA 01-114)
Program EIR No. 589) was certified by the Orange County Board of Supervisors in November
2004. The Ranch Plan Program EIR proposed to convert some of the existing land uses to a
planned development with a biological preserve surrounding the planned developments. As the
land is developed pursuant to the Ranch Plan, water use on portions of the Ranch and subsequent
Ranch Plan development areas will change from existing agricultural irrigation use to non-
domestic municipal irrigation use. The first area of the Ranch Plan which will be developed is
referred to as Planning Area 1 (PA-1). Subsequent planning areas to be developed within the San
Supplemental Water Lease Mitigated Negative Declaration
7010 6 September 2011
Juan Watershed portion of the Ranch Plan include PA-2, PA-3, PA-4, and PA-5 (in no particular
order). As the Ranch Plan planning areas are developed they will contain common areas that will
be owned by one or more homeowners associations (HOAs) and certain investment properties
which will continue to be owned by RMV-related entities. The parcels owned by the HOAs and
the investment properties will require water service from SMWD for non-domestic municipal
irrigation use and it is expected that the riparian water can be used as supplemental water to
offset in part the new water demand generated by the HOA parcels and investment properties.
In 2006, a NCCP/MSAA/HCP Joint Programmatic Environmental Impact Report/
Environmental Impact Statement (EIR/EIS) (FEIR No. 584) was prepared to analyze the
conservation strategy detailed in the NCCP/MSAA/HCP, including establishment of a Habitat
Reserve, a Habitat Reserve Management and Monitoring Program and funding; and the State
and Federal regulatory authorizations and provisions for the Covered Activities identified for
the County of Orange, RMV, and SMWD. The EIR (FEIR No. 584) was certified by the
County of Orange on October 24, 2006. The EIS was approved by the U.S. Fish and Wildlife
Service on January 10, 2007. One of the Covered Activities addressed in this joint EIR/EIS
was the planned construction of an infrastructure corridor along Cow Camp Road.
Subsequent to the certification of Final EIR (FEIR) No. 584 and in response to ongoing
coordination with USFWS and CDFG regarding minimization of impacts to biological
resources, the Orange County Board of Supervisors selected an alignment for Cow Camp Road
that was slightly modified from the alignment shown in FEIR 589. Addendum No 1 to the
Ranch Plan FEIR 589 – PA-1 (PA 06-0023) was prepared to analyze the potential differences
between the impacts evaluated in FEIR 589 and those that would be associated with the
development of PA-1, including the approximately 1,500-foot segment of Cow Camp Road
east of Antonio Parkway and other infrastructure improvements. Addendum No.1 was
approved by the Orange County Planning Commission on July 26, 2006.
In addition, Addendum to FEIRs 589 and 584 Cow Camp Road and Ancillary Infrastructure
Improvements (IP08-388) was prepared to analyze the modified alignment of Cow Camp Road
from Antonio Parkway to the eastern boundary of PA-2, located 7,000 feet east of Antonio
Parkway (also referred to as Segment 1 of Cow Camp Road in this Addendum), and other
infrastructure improvements ancillary to the development of the approved land uses for the
Ranch Plan. Addendum to FEIR No.’s 589 and 584 was approved in November 2008.
SanClemente
DanaPoint
San JuanCapistrano
LagunaNiguel
AlisoViejo
LagunaBeach
LagunaHills Coto De
Caza
RanchoSanta Margarita
NewportBeach Mission
Viejo
TrabucoHighlands
ElToro
El ToroStationCosta
MesaIrvine
HuntingtonBeach
Tustin
SantaAna
SealBeach
TustinFoothills
GardenGrove
LosAlamitos
Orange
AnaheimBuenaPark
Placentia Yorba LindaFullerton
Brea
Corona
Norco
PedleyMira
LomaRubidoux
GlenAvon
LakewoodCerritos
BellflowerNorwalk
Downey Santa FeSprings
HaciendaHeights
DiamondBar
IndustryWalnut
PomonaWest
Covina
ChinoHills
Chino
BloomingtonOntarioMontclair
FountainValley
Westminster
Cypress
LaHabra
La Mirada
SouthWhittier
La HabraHeights
RowlandHeightsWhittier
Pico Rivera
Montebello
MontereyPark
Rosemead Park
Orange CountyLos Angeles County
Riverside County
Orange County
Orange
County
San Diego
CountyP a c i f i c
O c e a n
57
22
72
90
55
73
39
91
19
74
1
60
241
142
133
83
71
10
15
405
5
FIGURE 1Regional Map
7010-01Supplemental Water Lease MND
0 105Miles
Project Site
Supplemental Water Lease Mitigated Negative Declaration
7010 8 September 2011
INTENTIONALLY LEFT BLANK
Project Sites
241
74
5
FIGURE 2Vicinity Map
7010-01Supplemental Water Lease MND
SOURCE: USGS 7.5-Minute Series Quadrangle Huitt-zollars 2011
0 1.50.75Miles
Rancho Mission Viejo BoundarySanta Margarita Water District
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7010 10 September 2011
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Supplemental Water Lease Mitigated Negative Declaration
7010 11 September 2011
Potential environmental impacts have been analyzed for the use of and supporting infrastructure for
riparian water. FEIR No. 589 for the Ranch Plan approved November 2004 covers activities for
supply, distribution, and use of non-domestic water. The Addendum to FEIR No.’s 584 and 589 of
the Ranch Plan for Cow Camp Road and Ancillary Infrastructure Improvements IP 08-388 approved
November 2008 covers activities along Segment 1 of Cow Camp Road for construction of water
pipelines and other infrastructure needed for the supply and distribution of non-domestic water.
2.3 Project Characteristics
Mutual Water Company
RMV is forming a MWC to protect and maintain RMV’s riparian water rights following the
subdivision of riparian lands in the San Juan Watershed. The MWC will hold the riparian water
rights of the landowners and the landowners will have the right to take their proportionate share
of the water for their own use or to assign their allocation of water for use on riparian lands
within the San Juan Watershed.
SMWD desires to contract with RMV (acting as agent of the landowner members of the MWC)
for obtaining supply for certain non-domestic water uses, primarily for irrigation on parcels
within the watershed. RMV is proposing to lease a portion of the riparian water allocations
pertaining to the landowner members of the MWC to SMWD for use as supplemental water to
offset in part the non-domestic new water demand generated by the HOA parcels and RMV
related investment properties. SMWD is proposing to commit to using the leased water in
providing non-domestic irrigation water to the HOA parcels and to the RMV related investment
properties during such periods that recycled water is not available due to the construction
schedule for facilities or for other reasons. A portion of the leased water could also be used
during grading and construction activities for dust control, trench backfill and similar uses. RMV
would deliver, and SMWD would receive up to 400 acre feet of water annually to meet the
projected irrigation needs for the build out of PA-1.
The quantity of water to be delivered would be increased as development of other planning areas in
the San Juan Watershed occurs. The maximum quantity of water per the lease agreement is 2,500
af/yr of RMV– riparian water delivered to SMWD. Additional water could be available if SMWD
and RMV mutually agree and the amount is available. This is a portion of the historical use of the
3,500 af/yr or more used by RMV for agricultural and other purposes. RMV riparian water to be used
by SMWD would not exceed existing and historical RMV usage. Table 1 shows the gross
development area of each Planning Area, and the anticipated supplemental water supply to be
delivered and used pursuant to the lease agreement for each.
Supplemental Water Lease Mitigated Negative Declaration
7010 12 September 2011
Table 1
Lease Amount of Supplemental Water (Riparian) by RMV for SMWD
Planning Area Gross Development Area (Acres) Water Supply (af/yr)
1 577 400
2 895 416
3 and 4 2,721 1,131
5 1,191 553
Total 5,384 2,500
The anticipated delivery and use of the water pursuant to the water lease agreement is consistent
with the Ranch Plan in that riparian water rights will not be severed from those lands to remain
as open space, and the habitat and other natural resource values associated with the open space
lands will not be adversely affected. While water would be leased for use by SMWD, there
would still be adequate water available to support existing riparian habitats, since no increase in
water use is involved, and because the existing uses of riparian water for agricultural purposes is
compatible with maintaining riparian systems.
Project Location
The water would be delivered to SMWD at certain mutually agreed upon locations (RMV Service
Locations) as follows: (i) in or along future Cow Camp Road between Antonio Parkway and
Ortega Highway (Figure 3), which are near SMWD transmission facilities and RMV delivery
facilities and at the SMWD hydraulic grade line for pressure zone B, (ii) at SMWD’s Chiquita
Water Treatment Plant (CWTP), or (iii) in other locations to which the parties may mutually agree.
The water would be pumped from among 12 existing RMV wells as shown in Figure 3. These are:
1. Antonio Parkway Bridge well
2. Well 2
3. Well 3/50
4. Well 6
5. Well 8
6. Well 9
7. Well 12
8. Well 18
9. Well 23
10. Well 27
11 Well 28
12. Verdugo Well
Proposed Pump Station
Antonio Pkwy
Ortega Hwy
Cow Camp Rd
Well 2
AntonioPkwy BridgeWell Casing
Well 3/50
Well 28
Well 25
Well 23
Well 18
Well 7
Well 6 Well 27
Well 8
Well 12
NicholsWell
Well 9Well 9
(Domestic)
VerdugoWell
PA 1
PA 1
PA 2
PA 3
PA 4
PA 5
FIGURE 3
Mutual Water Company Water Lease Infrastructure ComponentsSupplemental Water Lease MND
SOURCE: Digital Globe 2008 Huitt-Zollars 2011 NCCP 2007
7010-01
0 1,500750Feet
Cow Camp Road Alignment Limits of Grading
Cow Camp Road Conceptual Alignment
Proposed Pipeline
Proposed Powerline
WellsIncluded in MWC Agreement
Not Included in MWC Agreement
Existing RMV Water System
Existing Gobernadora Reservoir
Planning Areas (PA)
Rancho Mission Viejo Boundary
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Supplemental Water Lease Mitigated Negative Declaration
7010 15 September 2011
Water would be stored and conveyed in existing SMWD facilities. SMWD would construct tie-ins
to existing Ranch water lines along Cow Camp Road. A total of 13 tie-ins are proposed to connect
the future water line planned for construction along and within Cow Camp Road (in accordance
with the FEIR No. 589 and its Addendum IP 08-338) to intercept existing Ranch water lines
(which travel north/south from the existing wells). Each tie-in would be 8 to 16 inches in diameter
and would vary in length, up to 200 feet.
In conjunction with the above tie-ins, the project proposes to construct a temporary above ground
pipeline and an associated temporary pump station. The temporary pipeline would be up to 16
inches in diameter and would be placed above ground. The pipeline would begin at an existing
Ranch agricultural reservoir and travel west within the northern boundary of PA-2 to the existing
Chiquita Water Treatment Plant (CWTP). Booster pumps would be constructed at the
Gobernadora reservoir, within a 25-foot by 25-foot area of the southeastern portion of the
reservoir. If a portion of the pipeline can be constructed as a gravity operation that portion of the
pipeline would be constructed underground and would eliminate the need for the booster pumps.
Above ground power lines would follow the pipeline alignment to power the booster pumps. The
alignment of the proposed temporary pipeline and power line may be adjusted within the PA-2
boundary area to coincide with the approved future development within PA-2. These temporary
facilities would be active until the approved reservoirs in PA-2 are constructed and put in
operation; which is anticipated to occur in 2013.
2.3.1 Project Construction
Construction activities would be limited to construction of the proposed well tie-in valves and
the temporary pipeline and pump station. Construction is anticipated to commence in June 2012
and would extend up to 24 months. Water deliveries would increase over time as development of
other planning areas in the San Juan Watershed occurs. To reduce impacts during construction
SMWD has including the following project features:
Best available control measures shall be used during construction to reduce particulate
emissions and reduce soil erosion and trackout, through the following project features:
o Construction staff will cover or water, as needed, any on-site stockpiles of debris,
dirt, or other dusty material.
o Construction staff will use adequate water and/or other dust palliatives on all
disturbed areas in order to avoid particle blow-off.
o Construction staff will wash down or sweep paved streets as necessary to control
track out or fugitive dust.
Supplemental Water Lease Mitigated Negative Declaration
7010 16 September 2011
o Construction staff will cover or tarp all vehicles hauling dirt or spoils on public roads
if sufficient freeboard is not available to prevent material blow-off during transport.
o Construction staff will use gravel bags and catch basins during ground-
disturbing operations.
o Construction staff will erect temporary wind breaks to mitigate wind erosion.
o Construction staff will maintain appropriate soil moisture, apply soil binders,
and plant stabilizing vegetation.
During construction equipment emissions will be reduced through the following
project features:
o Construction staff will properly tune and maintain construction equipment.
o Construction management staff shall encourage carpooling by all construction workers.
o Any necessary lane closures will be limited to off-peak travel periods.
o Construction staff will park construction vehicles off traveled roadways.
o Construction management will encourage receipt of materials during non-peak
traffic hours.
The following standard conditions and regulations shall be incorporated from FEIR No.
589 to reduce potential impacts to paleontological resources:
o SMWD shall retain a County certified paleontologist to observe grading activities and
salvage and catalogue fossils as necessary. The paleontologist shall be present at the
pre-grade conference, shall establish procedures for paleontological resources
surveillance, and shall establish, in cooperation with the contractor, procedures for
temporarily halting or redirecting work to permit sampling, identification, and
evaluation of the fossils. If the paleontological resources are found to be significant,
the paleontologist shall determine appropriate actions, in cooperation with the
contractor, which ensure proper exploration and/or salvage.
Prior to the release of any grading bond, the contractor shall submit the
paleontologist’s follow up report for approval by the County Manager, and OC Parks
(formerly known as Harbor, Beaches, and Parks (HBP)/Coastal and Historical
Facilities). The contractor shall prepare excavated material to the point of
identification. The contractor shall offer excavated finds for curatorial purposes to the
County of Orange, or its designee, on the first-refusal basis. These actions, as well as
final mitigation and disposition of the resources, shall be subject to approval by OC
Parks. The contractor shall pay curatorial fees if an applicable fee program is in effect
Supplemental Water Lease Mitigated Negative Declaration
7010 17 September 2011
at the time of presentation of the materials to the County of Orange or its designee, all
in a manner meeting the approval of the County Manager, and OC Parks. (County of
Orange Standard Condition of Approval, A07)
The following mitigation measure shall be incorporated from FEIR No. 589, to reduce
potential impacts to human remains.
o In accordance with California Health and safety Code Section 7050.5, if human
remains are found, no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent remains shall occur until the County Coroner
has determined the appropriate treatment and disposition of the human remains. The
County Coroner shall make such determination within two working days of
notification of discovery. If the County Coroner determines that the remains are or
believed to be Native American, the County Coroner shall notify the Native
American Heritage Commission in Sacramento within 24 hours. In accordance with
California Public Resources Code Section 5097.98, the Native American Heritage
Commission must immediately notify those persons it believes to be the most likely
descended from the deceased Native American. The descendants shall complete their
inspection within 24 hours of notification. The designated Native American
representative would then determine, in consultation with the property owner, the
disposition of the human remains.
2.3.2 Discretionary Actions
The following discretionary actions are required for the proposed project:
Approval of this MND by SMWD
Approval of the Mitigation Monitoring and Reporting Program by SMWD
Approval of the MWC Water Lease agreement by SMWD.
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Supplemental Water Lease Mitigated Negative Declaration
7010 19 September 2011
3.0 FINDINGS
SMWD finds that the project will not have a significant adverse effect on the environment based
on the results of the Initial Study Environmental Checklist and Discussion of Environmental
Impacts (see Section 4.0). Some potentially significant effects have been identified and mitigation
measures have been incorporated into the project to ensure that these effects remain at less than
significant levels. An MND is, therefore, proposed to satisfy the requirements of CEQA (PRC
210000 et.seq. 14 Cal. Code Regs 15000 et.seq.). This conclusion is supported by the following:
Findings
1. Aesthetics: The project would not have a substantial effect on a scenic vista or
substantially degrade the existing visual quality of the site. See Section 4, item I
Aesthetics for additional information.
2. Agricultural Resources: The project would not result in impacts to prime, unique, or
farmland of statewide importance. See Section 4, item II Agricultural Resources for
additional information.
3. Air Quality: Short-term construction related impacts are anticipated to occur due to
fugitive dust and emissions from vehicles. To reduce the project’s potential for
contribution to regional air quality problems, project design features have been
incorporated into the project. The operational phase of the project would not result in a
substantial increase in emission, and impacts would be less than significant. See Section
4, item III Air Quality for additional information.
4. Biological Resources: The proposed interim above ground water pipeline and power line
may result in impacts to coastal sage scrub. Potential indirect impact to bird species may
result during the construction phase of the project on the adjacent habitat reserve lands.
Mitigation measures would reduce potential impacts to less than significant levels.
Impacts to wildlife corridors would be less than significant. See Section 4, item IV
Biological Resources for additional information.
5. Cultural Resources: The project would not result in any new impacts to cultural
resources; however, construction activities may occur prior to the previously approved
development for the project area. Incorporation of mitigation measures from FEIR No.
589 would ensure potential impacts to cultural resources would remain below a level of
significance. See Section 4 item V Cultural Resources for additional information.
Supplemental Water Lease Mitigated Negative Declaration
7010 20 September 2011
6. Geology and Soils: The proposed project would not expose people or structures to
adverse risk associated geologic or soil conditions. Incorporation of mitigation measures
from FEIR No. 589 would ensure potential impacts would remain below a level of
significance. See Section 4, item VI Geology and Soils for additional information.
7. Greenhouse Gas Emissions: The proposed project would result in minimal construction
related emissions. During the operational phase, the project would decrease the amount of
water to be transported to the project site from state water resources, thereby reducing the
amount of energy needs of the project. Impacts would be less than significant. See
Section 4, item VII Greenhouse Gas Emissions for additional information.
8. Hazards and Hazardous Materials: The proposed project would not introduce
significant hazardous materials to people or the environment. Therefore, impacts would
be less than significant. See Section 4, item VIII Hazards and Hazardous Materials for
additional information.
9. Hydrology and Water Quality: The project would be constructed in compliance with the
Water Quality Management Plan prepared for FEIR No. 589. In addition, the project
would incorporate best available control measures to reduce construction erosion.
Impacts would be less than significant. See Section 4, item IX Hydrology and Water
Quality for additional information.
10. Land Use and Planning: With mitigation, the proposed project would not result in a
significant impact to land use and planning. See Section 4, X Land Use and Planning for
more information.
11. Mineral Resources: The proposed project would not have an impact on mineral
resources. See Section 4, item XI Mineral Resources for more information.
12. Noise: The project would not impact sensitive receptors during construction or operation
of the proposed project. Refer to Section 4 item XII, Noise for more information.
13. Population and Housing: The project would not have an impact on population and
housing as discussed in Section 4 item XIII, Population and Housing for more information.
14. Public Services: The proposed project would not result in direct or indirect impacts to
public services. See Section 4, item XIV Public Service for additional information.
15. Recreation: The project would not result in impacts to recreation. See Section 4, item XV
Recreation for more information.
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7010 21 September 2011
16. Transportation and Traffic: During construction, traffic would be generated by
equipment delivery, and construction worker transport. No road closures would result
from the proposed project. See Section 4, item XVI Transportation and Traffic for
additional information.
17. Utilities and Service Systems: The proposed project would not have a significant impact
to utilities and service systems. In addition, the project would not generate the need for
additional utilities and service systems. See Section 4, item XVII Utilities and Service
Systems for additional information.
18. Mandatory Findings of Significance: The proposed project would result in less than
significant impacts with implementation of the project design features and mitigation
measures proposed. See Section 4, item XVIII, Mandatory Findings of Significance for
more information.
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7010 22 September 2011
INTENTIONALLY LEFT BLANK
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7010 23 September 2011
4.0 INITIAL STUDY ENVIRONMENTAL CHECKLIST
1. Project title: Mutual Water Company Water Lease Project
2. Lead agency name and address: Santa Margarita Water District
3. Contact person and phone number: Dan Ferons 949.459.6590
4. Project location: The project is located in Orange County California, east of San Juan
Capistrano; north of Ortega Highway and east of I-5 (Figures 1 and 2).
5. Project sponsor’s name and address: Santa Margarita Water District P.O. Box 7005,
Mission Viejo, California 92693-7005 and Rancho Mission Viejo, P.O. Box 9, San Juan
Capistrano, California 92693
6. General plan designation: Suburban Residential, Urban Activity Center, Open Space,
and Open Space Preserve (County of Orange General Plan Land Use Element Map 2005a)
7. Zoning: Planned Community – Ranch Plan and General Agriculture (County of Orange
Zoning Map 2005)
8. Description of project: RMV is forming a MWC to protect and maintain RMV’s right to
use its water following the subdivision of riparian lands in the San Juan Watershed.
SMWD desires to contract with the MWC for obtaining a supplemental water supply for
certain non-domestic water uses, primarily for irrigation on parcels within the watershed.
RMV is proposing to lease a portion of the riparian water allocations pertaining to the
landowner members of the MWC to SMWD for use as supplemental water to offset in part
the non-domestic water demand generated by the HOA parcels and RMV related
investment properties. SMWD is proposing to commit to using the leased water in
providing non-domestic irrigation water to the HOA parcels and to the RMV-related
investment properties during such periods that recycled water is not available due to the
construction schedule for facilities or for other reasons. A portion of the leased water could
also be used during grading and construction activities for dust control, trench backfill and
similar uses. RMV would deliver, and SMWD would receive an amount up to 400 acre feet
of water annually to meet the projected irrigation need for the build out of PA-1.
The quantity of water to be delivered would be increased as development of other
Planning Areas in the San Juan Watershed occurs. The maximum quantity of water per
the lease agreement is 2,500 af/yr of RMV– riparian water to SMWD. Additional water
could be available if SMWD and RMV mutually agree and the amount is available. This
Supplemental Water Lease Mitigated Negative Declaration
7010 24 September 2011
is a portion of the historical use of the 3,500 af/yr or more used by RMV for agricultural
and other purposes. RMV riparian water to be used by SMWD would not exceed existing
and historical RMV usage.
Water would be stored and conveyed in existing SMWD facilities. RMV would construct
tie-ins to existing Ranch water lines along Cow Camp Road. Approximately 13 tie-ins are
proposed to connect the future water line planned for construction along and within Cow
Camp Road (in accordance with the FEIR No 589 and its Addendum IP 08-338) to
intercept existing Ranch water lines (which travel north/south from the existing wells). In
conjunction with the above tie-ins, the project proposes to construct an interim temporary
above ground pipeline, an associated temporary pump station, and power line.
9. Surrounding land uses and setting: The project site and its surroundings are currently
undeveloped; however, the project site is within an area that has been approved for a
planned community (in accordance with FEIR No. 589 and the County of Orange
General Plan Land Use Map (County of Orange 2005a). Adjacent to the proposed
pipeline and power line facilities, land uses consist of undeveloped land, agricultural
lands, and public facilities.
10. Other public agencies whose approval may be required (e.g., permits, financing
approval, or participation agreement): Building permit from County of Orange.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a “Potentially Significant Impact,” as indicated by the
checklist on the following pages.
Aesthetics Agriculture and
Forestry Resources Air Quality
Biological Resources Cultural Resources Geology and Soils
Greenhouse Gas
Emissions Hazards and
Hazardous Materials Hydrology and Water
Quality
Land Use and Planning Mineral Resources Noise
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7010 26 September 2011
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except “No Impact” answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A “No Impact” answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer
should be explained where it is based on project-specific factors as well as general
standards (e.g., the project will not expose sensitive receptors to pollutants, based on a
project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as
on-site, cumulative as well as project-level, indirect as well as direct, and construction as
well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then
the checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. “Potentially Significant Impact” is
appropriate if there is substantial evidence that an effect may be significant. If there are
one or more “Potentially Significant Impact” entries when the determination is made, an
EIR is required.
4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where
the incorporation of mitigation measures has reduced an effect from “Potentially Significant
Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section XVII, “Earlier Analyses,” may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063I(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist
were within the scope of and adequately analyzed in an earlier document pursuant
to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less than Significant with Mitigation
Measures Incorporated,” describe the mitigation measures which were
incorporated or refined from the earlier document and the extent to which they
address site-specific conditions for the project.
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7010 27 September 2011
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference
to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used
or individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats;
however, lead agencies should normally address the questions from this checklist that are
relevant to a project’s environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
Potentially Significant
Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant
Impact No Impact
I. AESTHETICS – Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or quality of the site and its surroundings?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
II. AGRICULTURE AND FOREST RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
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7010 28 September 2011
Potentially Significant
Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant
Impact No Impact
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation?
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant concentrations?
e) Create objectionable odors affecting a substantial number of people?
IV. BIOLOGICAL RESOURCES – Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
Supplemental Water Lease Mitigated Negative Declaration
7010 29 September 2011
Potentially Significant
Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant
Impact No Impact
c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
V. CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
d) Disturb any human remains, including those interred outside of formal cemeteries?
VI. GEOLOGY AND SOILS – Would the project:
a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction?
iv) Landslides?
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7010 30 September 2011
Potentially Significant
Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant
Impact No Impact
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?
e) Have soils incapable 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?
VII. GREENHOUSE GAS EMISSIONS – Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
VIII. HAZARDS AND HAZARDOUS MATERIALS – Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
d) Be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
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7010 31 September 2011
Potentially Significant
Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant
Impact No Impact
f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?
g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
h) 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?
IX. HYDROLOGY AND WATER QUALITY – Would the project:
a) Violate any water quality standards or waste discharge requirements
b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?
c) 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 that would result in flooding on- or off-site?
d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?
e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows?
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7010 32 September 2011
Potentially Significant
Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant
Impact No Impact
i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
X. LAND USE AND PLANNING – Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan or natural community conservation plan?
XI. MINERAL RESOURCES – Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
XII. NOISE – Would the project:
a) Result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project?
d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
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7010 33 September 2011
Potentially Significant
Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant
Impact No Impact
f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?
XIII. POPULATION AND HOUSING – Would the project:
a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?
XIV. PUBLIC SERVICES – Would the project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
XV. RECREATION –
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
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7010 34 September 2011
Potentially Significant
Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant
Impact No Impact
XVI. TRANSPORTATION/TRAFFIC – Would the project:
a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle baths, and mass transit?
b) Conflict with an applicable congestion management program, including, but not limited to level of service (LOS) standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways?
c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities?
XVII. UTILITIES AND SERVICE SYSTEMS – Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed?
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7010 35 September 2011
Potentially Significant
Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant
Impact No Impact
e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs?
g) Comply with federal, state, and local statutes and regulations related to solid waste?
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
c) Have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?
I. Aesthetics
a) Would the project have a substantial adverse effect on a scenic vista?
Less-Than-Significant Impact. The County of Orange General Plan, Transportation
Element discusses the County’s Scenic Highway Plan (County of Orange 2005b). The
County has two scenic highway categories: viewscape corridors and landscape corridors.
The County of Orange designates road rests and vista points along viewscape corridors.
Ortega Highway east of Antonio Parkway is classified as a landscape corridor. A
landscape corridor transverses developed or developing areas and has been designated for
special treatment to provide a pleasant driving environment as well as community
Supplemental Water Lease Mitigated Negative Declaration
7010 36 September 2011
enhancement. As recommended in the Scenic Highway Plan, development within the
corridor should complement the scenic highway.
The project proposes the lease of riparian water from the Ranch landowners to SMWD.
The lease of water would not result in a substantial adverse effect on a scenic vista. The
proposed construction activities associated with the lease would be limited to the
installation of tie-in valves, below the surface area, from the existing RMV pipelines to an
approved pipeline along Cow Camp Road. Construction activities along Cow Camp Road
may be visible from some locations along Ortega Highway, however, the impact associated
with the construction of the underground tie-in valves would be less than significant.
The proposed interim aboveground pipeline, pump station, and power line would be
constructed from within the northwestern boundary of the Chiquita Water Reclamation Plant
(CWRP) to the eastern boundary of PA-2; see Figure 3. The proposed pipeline, pump station
and power line would be constructed as interim facilities until the approved water reservoirs
in PA-2 are constructed and operational. These interim facilities would be located at least
5,100 feet (1 mile) north of Cow Camp Road and approximately 7,660 feet (1.5 miles) north
of Ortega Highway. Due to the distance, impacts would be less than significant.
b) Would the project substantially damage scenic resources including, but not limited to,
trees, rock outcroppings, and historic buildings within a state scenic highway?
Less-Than-Significant Impact. According to the California Department of Transportation
Scenic Highway Mapping System (Caltrans 2007), Ortega highway (also called State
Route 74) is identified as being eligible for designation, but not officially designated. There
are no officially designated state scenic highways within the project area. The project site is
located to the north of Ortega Highway. Cow Camp Road is an approved roadway, planned
for construction, and is not designated as a scenic highway. The project proposes the lease
of riparian water, with construction activities limited to the installation of tie-in valves from
the existing RMV pipelines to the previously approved pipeline along Cow Camp Road.
The lease of water and construction of the proposed tie-in valves (within previously
approved development areas) would not result in substantial damage to scenic resources
such as trees, rock outcroppings, and historic buildings. Therefore, impacts would be less
than significant.
As discussed in response to item I.a above. The proposed interim water pipeline, power
line and pump station improvements would be located at least 7,660 feet north of Ortega
Highway within the previously approved development area for PA-2 and the CWRP. Due
to the distance of these facilities, impacts would be less than significant.
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7010 37 September 2011
c) Would the project substantially degrade the existing visual character or quality of the
site and its surroundings?
Less-Than-Significant Impact. Refer to responses I.a and I.b above. Installation of the
proposed facilities would generally be predominantly underground with minimal above
ground facilities. Once construction is complete no changes to the existing visual
character or quality would occur from the proposed construction activities. In addition,
the proposed lease of water, for purposes of irrigating the landscaped areas of the
approved Ranch Plan development would not change the visual character or quality of
the site and its surrounding. Therefore, impacts would be less than significant.
The proposed interim above ground pipeline, power line and pump station would be
constructed within the approved development area of PA-2, within the existing CWRP
site and the existing Rancho Mission Viejo Gobernadora Reservoir. In addition, these
facilities would be removed once the approved water reservoirs within PA-2 are
operating. Given the short-term nature and size of these facilities, they would not
substantially degrade the existing visual character or quality of the project site and its
surroundings. Impacts would be less than significant.
d) Would the project create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
No Impact. The proposed lease of water and associated infrastructure improvements
would not result in any new sources of light or glare. Therefore day or nighttime views in
the project area would not be impacted.
II. Agriculture and Forest Resources
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the California Resources Agency, to
non-agricultural use?
No Impact. According to the State of California Department of Conservation Farmland
Mapping and Monitoring Program (California Department of Conservation 2008), the
project site along the Cow Camp Road alignment is designated as grazing land, other
land, unique farmland and farmland of statewide importance (Figure 4). The Ranch Plan
Program EIR (FEIR No. 589) assessed the impacts of converting Prime Farmland,
Unique Farmland and Farmland of Statewide Importance within the entire Ranch Plan
Boundary, which included a conceptual alignment for Cow Camp Road from Antonio
Supplemental Water Lease Mitigated Negative Declaration
7010 38 September 2011
Parkway to PA-4. In addition, the Cow Camp Road and Ancillary Infrastructure
Improvement Addendum assessed impacts associated with a modified alignment for the
Cow Camp Road (and ancillary infrastructure improvements) from Antonio Parkway
through PA-2. Since the Ranch water lines are an existing feature, and the proposed water
tie-ins valves would occur within the previously assessed boundary of the PA’s and Cow
Camp Road, no new impacts to Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance would result from this project.
The proposed pipeline and power line improvements would be constructed within the
CWRP site and the approved development area for PA-2 of the Ranch Plan. The
Important Farmland Mapping Program designated land within the CWRP and this portion
of PA-2 as Grazing Land (State of California 2008) (Figure 4). As mentioned above, the
potential impacts to farmlands within PA-2 were addressed in the FEIR No 589 and the
Addendum to FEIR No.’s 589 and 584. In addition, the land within the CWRP is used for
public utilities, and no grazing activities exist on the site. No new impacts to Prime
Farmland, Unique Farmland or Farmland of Statewide Importance would occur.
b) Would the project conflict with existing zoning for agricultural use, or a Williamson
Act contract?
Less-Than-Significant Impact. The approved development area for PA-2 is zoned as
Planned Community – Ranch Plan (PC-Ranch Plan). However, the parcel of land that
encompasses the CWRP is zoned as General Agriculture (A1). The purpose of the A1 zone
is to provide for agriculture, outdoor recreational uses, and those low intensity uses which
have a predominately open space character. It is also intended as an interim zone in those
areas which the General Plan may designate more intensive urban uses in the future.” Per
zoning regulations Section 7-9-55.3.h principal uses permitted with a site development
permit include public/private utility buildings and structures. The western portion of the
proposed above ground pipeline would be constructed along the northern boundary of the
CFWRP, and no agricultural production occurs within this parcel of land. Therefore, with
implementation of a site development permit, impacts would be less than significant. The
proposed water lease would support the non-domestic water needs of the Planned
Community. The construction of the proposed tie-in valves would occur within the
previously approved alignment for Cow Camp Road and, therefore, the project would not
conflict with the existing zoning for agricultural uses or a Williamson Act contract.
Proposed Pump Station
Antonio Pkwy
Ortega Hwy
Cow Camp Rd
Well 2
AntonioPkwy BridgeWell Casing
Well 3/50
Well 28
Well 25
Well 23
Well 18
Well 7
Well 6 Well 27
Well 8
Well 12
NicholsWell
Well 9Well 9
(Domestic)
VerdugoWell
PA 1
PA 1
PA 2
PA 3
PA 4
PA 5
FIGURE 4
Important Farmland DesignationsSupplemental Water Lease MND
SOURCE: Digital Globe 2008 Huitt-Zollars 2011 California Department of Conservation 2008
7010-01
0 1,500750Feet
FMMP DesignationFarmland of Statewide Importance
Grazing Land
Other Land
Prime Farmland
Unique Farmland
Urban and Built-Up Land
Cow Camp Road Alignment Limits of Grading
Cow Camp Road Conceptual Alignment
Proposed Pipeline
Proposed Powerline
Wells
Included in MWC Agreement
Not Included in MWC Agreement
Existing RMV Water System
Existing Gobernadora Reservoir
Planning Areas (PA)
Rancho Mission Viejo Boundary
Supplemental Water Lease Mitigated Negative Declaration
7010 40 September 2011
INTENTIONALLY LEFT BLANK
Supplemental Water Lease Mitigated Negative Declaration
7010 41 September 2011
c) Would the project conflict with existing zoning for, or cause rezoning of, forest land
(as defined in Public Resources Code section 12220(g)), timberland (as defined by
Public Resources Code section 4526), or timberland zoned Timberland Production (as
defined by Government Code section 51104(g))?
No Impact. Refer to response to item II.b above. The majority of the project area is zoned for
PC-Ranch Plan (County of Orange 2005b). While a portion of the proposed pipeline and
power line facilities would be constructed within zone A1; there are no areas within or
adjacent to the project site that are zoned for forest land, timberland, or timberland
production. Therefore, the project would not conflict with the existing zoning for these uses.
d) Would the project result in the loss of forest land or conversion of forest land to non-
forest use?
No Impact. Refer to response to item II.c above. No forest lands are located within or
adjacent to the proposed project locations; and therefore, the project would not result in
the loss or conversion of forest lands to non-forest uses. No impacts would result.
e) Would the project involve other changes in the existing environment which, due to
their location or nature, could result in conversion of Farmland, to non-agricultural
use or conversion of forest land to non-forest use?
No Impact. Refer to response to items II.c and II.d. The project would not result in the
conversion of Farmland or forestland to non-agricultural or non-forest uses. Therefore, no
impacts would result.
III. Air Quality
a) Would the project conflict with or obstruct implementation of the applicable air
quality plan?
Less-Than-Significant Impact. The South Coast Air Quality Management District
(SCAQMD) is the agency primarily responsible for comprehensive air pollution control
in the South Coast Air Basin (SCAB), which includes all of Orange County and the urban
portions of Los Angeles, Riverside, and San Bernardino Counties. SCAQMD develops
rules and regulations, establishes permitting requirements for stationary sources, inspects
sources, and enforces measures through educational programs or fines when necessary.
The applicable air quality plan for the SCAB is the Air Quality Management Plan
(AQMP). The AQMP is based on Southern California Association of Governments
(SCAG) growth forecast for the region, and it incorporate measures to meet state and
federal requirements. Significance of air quality impacts is based on the degree to which
Supplemental Water Lease Mitigated Negative Declaration
7010 42 September 2011
the project is consistent with SCAG’s growth forecasts. If a project is consistent with
growth forecasts, its resulting impacts were anticipated in the AQMP and are considered
to be less than significant. Growth forecast in the AQMP is based on approved general
plans, community plans, and redevelopment plans.
The proposed project is consistent with the approved general plan and zoning designations of
the Ranch Plan Program EIR and Addendum to FEIR No.’s 589 and 584. The installation of
tie-in valves along the Cow Camp Road alignment would not conflict with the SCAB’s
AQMP, as installation does not result in a change in land use or an increase in population or
emissions. Projects that propose development consistent with growth anticipated by
applicable general plans are consistent with the AQMP and State Implementation Plan. The
project does not propose any features that would result in additional population growth. The
water leased from the MWC to SMWD would be used to offset the non-domestic water
demand generated by the approved HOA areas of the Ranch Plan development area.
Construction of the proposed tie-in valves would be incorporated into the construction
activities associated with the approved water pipeline along Cow Camp Road and would
incorporate best available control measures as identified in the project description. Therefore,
the project would not conflict with or obstruct the implementation of an applicable air quality
plan, and impacts would be less than significant.
The water pipeline, power line and pump station would be constructed above grade.
Construction activities would follow established guidelines and implement best available
control measures as listed in the project description to reduce construction related air pollution
emissions consistent with the AQMP. Therefore, impacts would be less than significant.
b) Would the project violate any air quality standard or contribute substantially to an
existing or projected air quality violation?
Less-Than-Significant Impact. Air quality impacts are usually considered in terms of
short-term and long-term impacts. Short-term impacts are usually the result of construction
or grading operations. Long-term impacts are associated with the build out (operational)
conditions of the project. The project would provide local non-domestic water to
supplement the water needs of the approved Ranch Plan development. Implementation of
this project would be incorporated into the construction activities previously approved for
water facilities within Cow Camp Road and would not necessitate additional grading
activities. Therefore, the project would not result major earthwork or a significant increase
in vehicle emission, and impacts to air quality from construction emissions of the project
would be less than significant. In addition, there would be no long-term operational impacts
generated by the installation of the water tie-in valves, and therefore, the operational phase
of the project would not result in the generation of air quality emissions.
Supplemental Water Lease Mitigated Negative Declaration
7010 43 September 2011
The proposed water pipeline, power line and pump station would be constructed above
existing grades, and therefore, would not result in major grading or other major earth
moving activities. However, the construction of the proposed pump station may result in
the need to grade a 20 foot by 20 foot area provide a level surface. This minor grading
activity would result in a temporary, short-term addition of pollutants to the local airshed
caused by soil disturbance, fugitive dust emissions, and combustion pollutants from on-
site construction equipment. Construction emissions can vary substantially from day to
day, depending on the local of activity, the specific type of operation, and, for dust, the
prevailing weather conditions. Therefore, such emission levels can only be approximately
estimated with a corresponding uncertainty in precise ambient air quality impacts.
Fugitive dust (particulate matter less than 10 microns (PM10) and particulate matter less
than 2.5 microns (PM2.5)) emissions would primarily result from minor grading and site
preparation activities. Oxides of nitrogen (NOx) and carbon monoxide (CO) emissions
would primarily result from the use of construction equipment and motor vehicles.
SCAQMD sets forth quantitative emission significance thresholds below which a project
would not have a significant impact on ambient air quality. Project-related air quality
impacts estimated in this environmental analysis would be considered significant if any
of the applicable significance thresholds presented in Table 2 are exceeded.
Table 2
South Coast Air Quality Management District (SCAQMD)
Air Quality Significance Thresholds
Criteria Pollutant Construction Mass Daily Thresholds
VOC 75 lbs/day
NOx 100 lbs/day
CO 550 lbs/day
SOx 150 lbs/day
PM10 150 lbs/day
PM2.5 55 lbs/day
Lead 3 lbs/day
Source: SCAQMD CEQA Handbook (SCAQMD 1993) Revised March 2011 VOC – volatile organic compounds NOx – oxides of nitrogen CO – carbon monoxide SOx – sulfur oxides PM10 – particulate matter less than 10 microns PM2.5 – particulate matter less than 2.5 microns lbs – pound
Supplemental Water Lease Mitigated Negative Declaration
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For these pollutants, if emissions exceed the thresholds shown in Table 2, the project
could have the potential to result in a cumulatively considerable net increase in these
pollutants and thus could have a significant impact on the ambient air quality.
Construction emissions would come from heavy equipment exhaust, construction-related
trips by workers, material-hauling trucks, and associated fugitive dust generation from
clearing and grading activities. The principal pollutants would be CO, volatile organic
compounds (VOCs), NOx and PM10. VOCs and NOx are precursors of ozone (O3). Due to
the small project footprint, construction emissions are expected to be below SCAQMD
significance thresholds. Therefore, the project is not anticipated to violate any air quality
standard or contribute substantially to an existing air quality violation, and impacts would
be less than significant.
c) Would the project result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non-attainment under an applicable federal or
state ambient air quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)?
Less-Than-Significant Impact. In analyzing cumulative impacts from the proposed
project, the analysis must specifically evaluate a project’s contribution to the cumulative
increase in pollutants for which the SCAB is listed as nonattainment for the California
Ambient Air Quality Standards (CAAQS). If the project does not exceed thresholds and
is determined to have less-than-significant project-specific impacts, it may still have a
cumulatively considerable impact on air quality of the emissions from the project, in
combination with the emissions from other proposed or reasonable foreseeable future
projects, are in excess of established thresholds. However, the project would only be
considered to have a cumulative impact if the project’s contribution accounts for a
significant proportion of the cumulative total emissions.
PM10 and PM2.5 emissions associated with construction generally result in near-term
impacts. As discussed earlier, the emissions of all criteria pollutants, including PM10 and
PM2.5, are expected to be well below the significance thresholds. Construction would be
short-term. Consistent with the size and scale of the proposed project, construction
activities would be considered minor and not intensive.
With regard to cumulative impacts associated with O3 precursors, in general, if a project
is consistent with the community and general plans, it has been accounted for in the O3
attainment demonstration contained within the State Implementation Plan. The project
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7010 45 September 2011
would not conflict with any land use designations, and would, therefore, not cause a
cumulatively significant impact on the ambient air quality for O3.
Operation of the proposed booster pump station would not result in a substantial increase
in greenhouse gas or air pollutant emissions. All equipment to be used at the site,
including the pump, meets existing California state standards and would be powered by
an existing power sub-station located on the CWRP.
Additionally the project would include project design features that would reduce
construction-generated particulate matter emissions through dust abatement procedures
and reduce construction-generated CO, O3, and NOx through proper maintenance of
construction vehicles and traffic management (refer to Section 5). As a result,
implementation for the proposed project would not result in cumulatively considerable
impacts to air quality. Impacts would be less than significant.
d) Would the project expose sensitive receptors to substantial pollutant concentrations?
Less-Than-Significant Impact. The greatest potential for toxic air contaminant (TAC)
emissions during construction would be diesel particulate emissions from heavy
equipment operations, heavy-duty trucks, and the associated health impacts to sensitive
receptors. The project would not require the extensive use of heavy-duty construction
equipment, which is subject to a California Air Resources Board (CARB) Airborne
Toxics Control Measure (ATCM) for in-use diesel construction equipment to reduce
diesel particulate emissions, and it would not involve extensive use of diesel trucks,
which are also subject to an ATCM. Construction of the proposed project would be a
temporary short-term activity, after which project related TAC emissions would cease. In
addition, no sensitive receptors are located within the project area. Therefore, impacts
would be less than significant.
e) Would the project create objectionable odors affecting a substantial number of people?
Less-Than-Significant Impact. Odors would be generated from vehicles and/or
equipment exhaust emissions during construction of the proposed project. Odors
produced during construction would be attributable to concentrations of unburned
hydrocarbons from tailpipes of construction equipment. Such odors are temporary and
generally occur at magnitudes that would not affect substantial numbers of people. The
operational phase of the project (including the proposed water lease and pipeline, power
line and pump station facilities) would not result in the generation of objectionable odors.
Therefore, impacts would be less than significant.
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7010 46 September 2011
IV. Biological Resources
a) Would the project have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife Service?
Less-Than-Significant with Mitigation. The project site is located within the previously
analyzed project area for the Ranch Plan (The Ranch Plan Program FEIR) and the
NCCP/MSAA/HCP and associated Joint Programmatic FEIR/FEIS. Both the Ranch Plan
Final EIR, which was adopted in 2004, and the NCCP/MSAA/HCP and Final Joint
Programmatic EIR/EIS which were adopted in 2006 (EIR) and 2007 (EIS), analyze the
conversion of the project area from agricultural uses to a planned development and
included the conceptual alignment of Cow Camp Road and the construction of a water
pipeline along this roadway. The Addendum to FEIRs 589 and 584 analyzed the modified
alignment of Cow Camp Road and associated ancillary infrastructure improvements. The
MWC would ensure the water rights of the landowners would remain once the lease is
enacted. The proposed tie-in valves would be constructed within the previously analyzed
right-of-way for Cow Camp Road. No new impacts to plant and wildlife species
identified as candidate, sensitive, or special status species would result as the limited
construction activities would occur in previously approved disturbance areas.
The eastern portion of the water pipeline, power lines and pump station would be located
within PA-2 and would be consistent with the above analysis. However, the western
portion of the water pipeline and power line would be constructed within the northern
boundary of the CWRP. The development within the CWRP was not addressed in the
FEIR No.’s 589 and 584 or the Addendum to FEIR No.’s 589 and 584. In addition, the
area within the CWRP was not specifically included in the NCCP/MSAA/HCP analysis
which identifies Covered Activities to be undertaken by the Participating Landowners,
including impacts to biological resources (Figure 5). However, the NCCP/MSAA/HCP
does allow for operation and maintenance of existing and future SMWD facilities,
including the CWRP. Appendix T, Santa Margarita Water District Covered Activities, to
the NCCP/MSAA/HCP includes as operation and maintenance “Replacement,
rehabilitation, retrofitting, and upgrading of plant and pipelines” at existing facilities
(Appendix T, p. T-1).
The proposed alignment for the 16-inch water pipeline and power line is conceptual at
this time and is anticipated to occur along the northern boundary of the CWRP. While the
alignment of water pipeline and power line are conceptual, based on a review of an aerial
Supplemental Water Lease Mitigated Negative Declaration
7010 47 September 2011
photograph, the potential exists for temporary impacts to occur to coastal sage scrub.
Because impacts would occur within the CWRP boundary, there would be no direct
impact to the Habitat Reserve lands located north of the CRWP boundary and the impacts
would be consistent with the NCPP/MSAA/HCP analysis. However, Section 7.5.2.4 of
the NCCP/MSAA/HCP Implementation Agreement requires SMWD to implement
construction-related minimization measures consistent with those specified for RMV in
Appendix U, Avoidance and Minimization Measures. Implementation of mitigation
measures BIO-1 and BIO-2 would minimize potential impacts to biological resources
consistent with Appendix U, and reduce potential impacts to less than significant levels.
Mitigation Measures
BIO-1. Prior to the commencement of construction activities, SMWD shall require
retention of a qualified biologist to survey the final alignment of the proposed water
pipeline and power line. If impacts to vegetation communities and potentially special-status
species would occur from the final alignment, SMWD shall require preparation and
implementation of a Biological Resources Construction Plan (BRCP) that provides for the
protection of the resource and establishes the monitoring requirements. The BRCP shall
incorporate the avoidance and minimization measures, as applicable to the on-site impacts,
described in Section 4.6, Avoidance and Minimization Measures, in the SMWD
NCCP/MSAA/HCP Guidelines and Procedures Manual (Dudek 2007). The BRCP may
include the following elements, as applicable to the project impacts: specific measures for
the protection of special-status species; identification and quantification of habitats to be
disturbed; delineation of project impact area with fencing, flagging, or tape, or other
marking; biological monitoring during construction for special-status wildlife such as
California gnatcatcher and cactus wren; Best Management Practices pertinent to erosion
and dust; and restoration of temporary impact areas to pre-construction or better conditions.
BIO-2. If construction occurs during the bird breeding season (typically March–August,
or as determined by a qualified biologist) SMWD shall require, within seven (7) days of
ground-disturbing activities, a pre-activity survey to be conducted by a qualified biologist
to determine if active nests of bird species protected by the federal Migratory Bird Treaty
Act and California Fish and Game Code Section 3503 are present in the disturbance zone
or within 300 feet (500 feet for raptors) of the disturbance zone. If ground-disturbing
activities are delayed, then additional pre-disturbance surveys shall be conducted such
that no more than seven (7) days will have elapsed between the survey and
ground-disturbing activities.
Supplemental Water Lease Mitigated Negative Declaration
7010 48 September 2011
If active nests are found, clearing and construction within 300 feet of the nest (500 feet
for raptors) shall be postponed or halted, at the discretion of the monitoring biologist.
Limits of construction to avoid an active nest shall be established in the field with
flagging, fencing, or other appropriate barriers and construction personnel shall be
instructed on the sensitivity of nest areas. The biologist shall serve as a construction
monitor during those periods when construction activities will occur near active nest
areas to ensure that no inadvertent impacts to these nests occur.
The specific details and guidelines for the nesting bird surveys shall be included in
the BRCP.
b) Would the project have a substantial adverse effect on any riparian habitat or other
sensitive natural community identified in local or regional plans, policies, regulations,
or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
Less-Than-Significant Impact. Refer to response to comment IV.a above. The project
proposes the lease of riparian water to supplement the water needs of the approved
planned community analyzed in the Ranch Plan Program EIR. The leased water would
not exceed the amount of water that is currently being used and allowed by right. In
addition, construction of the proposed tie-in valves would occur within previously
approved development areas, and therefore, the project would not affect any riparian
habitat or other sensitive natural communities.
Based on the review of an aerial photo (2011), no riparian habitats are known to existing
within the northern portion of the proposed CWRP boundary. Therefore, implementation
of the proposed above ground water pipeline and power lines would not result in new
impacts to riparian habitat or other sensitive natural communities. Impacts would be less
than significant.
Proposed Pump Station
Antonio Pkwy
Ortega Hwy
Cow Camp Rd
Well 2
AntonioPkwy BridgeWell Casing
Well 3/50
Well 28
Well 25
Well 23
Well 18
Well 7
Well 6 Well 27
Well 8
Well 12
NicholsWell
Well 9Well 9
(Domestic)
VerdugoWell
PA 1
PA 1
PA 2
PA 3
PA 4
PA 5
FIGURE 5
Mutual Water Company Water Lease Infrastructure Components with NCCPSupplemental Water Lease MND
SOURCE: Digital Globe 2008 Huitt-Zollars 2011 NCCP 2007
7010-01
0 1,500750Feet
Cow Camp Road Alignment Limits of Grading
Cow Camp Road Conceptual Alignment
Proposed Pipeline
Proposed Powerline
Habitat ReserveRMV Habitat Reserve Lands
County Habitat Reserve Lands
Future Development
Future Ranch Plan Development (Exact Location to be Detemined)
1,310 ft. Setback Areas
Existing Orchards
Wells
Included in MWC Agreement
Not Included in MWC Agreement
Existing RMV Water System
Existing Gobernadora Reservoir
Planning Areas (PA)
Rancho Mission Viejo Boundary
Supplemental Water Lease Mitigated Negative Declaration
7010 50 September 2011
INTENTIONALLY LEFT BLANK
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7010 51 September 2011
c) Would the project have a substantial adverse effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or
other means?
No Impact. The Ranch Plan area was historically used for agricultural purposes, and has
been approved for a planned community. The lease of water for non-domestic uses within
the planned community would not have a substantial adverse effect on federally protected
wetlands. Construction of the proposed tie-in valves, water pipeline, power line and
pump station facilities would occur within previously approved development area for PA-
2 and Cow Camp Road. In addition to being addressed by the Ranch Plan EIR, potential
wetland impacts to these areas are also addressed by the MSAA element of the
NCCP/MSAA/HCP pursuant to Section 1600 of the California Fish and Game Code and
by the Special Area Management Plan (SAMP), completed in 2007, that provides the
framework for permitting under the Clean Water Act Section 404. In addition, a portion
of the proposed pipeline, and power line would occur within the northern boundary of
CWRP. The north boundary consists of a revegetated manufactured slope, and impacts to
federally protected wetlands would not occur in this area.
d) Would the project interfere substantially with the movement of any native resident or
migratory fish or wildlife species or with established native resident or migratory
wildlife corridors, or impede the use of native wildlife nursery sites?
Less-Than-Significant Impact. Refer to response to item IV.a above. The project would
occur in previously approved development areas as identified in the Ranch Plan Program
EIR and Addendum to FEIRs 589 and 584. The proposed lease of water would not
exceed the current and historical water use for the project area. Construction of the
proposed tie-in valves would occur within the previously approved development area for
Cow Camp Road and no new impacts would occur to any native resident or migratory
fish or wildlife species or with established native resident or migratory wildlife corridors
or native wildlife nursery sites (e.g., heron rookeries, bat maternal roosts, etc.). Potential
impacts to movement of native fish and wildlife species were analyzed in the
NCCP/MSAA/HCP and any impacts (e.g., along San Juan Creek) are compensated by
establishment of the Habitat Reserve and the associated monitoring and management
program. No impacts to fish or wildlife movement will occur within the proposed
delivery or use of water or construction of the proposed tie-in valves. No native nursery
sites would be affected by the project.
Supplemental Water Lease Mitigated Negative Declaration
7010 52 September 2011
The proposed pipeline, power line and pump station would occur within the previously
approved development area for PA-2 and the existing CWRP (western portion of
pipeline). As a developed site, the CWRP does not provide for movement of native fish
or wildlife and does not support nursery sites. Therefore, these functions and resources
would not be impacted.
e) Would the project conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance?
No Impact. The proposed project would not conflict with any local policies or ordinances
protecting biological resources, including a tree preservation policy or ordinance.
f) Would the project conflict with the provisions of an adopted Habitat Conservation
Plan, Natural Community Conservation Plan, or other approved local, regional, or
state habitat conservation plan?
Less-Than-Significant with Mitigation. The project would occur within previously
approved development areas as identified in the Ranch Plan (FEIR 589), the
NCCP/MSAA/HCP, and Addendum to FEIRs 589 and 584. Therefore, the construction
of the tie-in valves and pump station, and the lease of water would not conflict with an
adopted HCP or MSAA. The NCCP was not permitted and currently is not active, and
therefore, the project would not conflict with an NCCP. Finally, the project would not
conflict with any other approved local, regional or state habitat conservation plan.
The western portion of the proposed pipeline and power line would be constructed within
the CWRP boundary, which was not specifically a part of the NCCP/MSAA/HCP or the
Ranch Plan development area. Depending upon the final alignment of the proposed water
pipeline and power line, the potential for indirect impacts to biological resources within
the approved NCCP/MSAA/HCP area would result. However, the proposed pipeline and
power line facilities are a Covered Activity related to operation and maintenance of
existing facilities. Further, the incorporation of mitigation measures BIO-1 and BIO-2
would reduce the potential temporary impacts associated with the construction of interim
water pipeline and power line facilities. Therefore, impacts would be less than significant
with mitigation.
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7010 53 September 2011
V. Cultural Resources
a) Would the project cause a substantial adverse change in the significance of a historical
resource as defined in §15064.5?
No Impact. The project area was historically used for agricultural purposes, and has been
approved for a planned community. All construction activities would occur within
previously approved development areas. In addition, the lease of water would not cause a
substantial adverse change in the significance of a historical resource.
The proposed pipeline, power line and pump station facilities would occur along a
manufactured slope of the existing CWRP and the approved development areas of PA-2.
No impacts to historical resources would result.
b) Would the project cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15064.5?
Less-Than-Significant Impact. Refer to response V.a above. All construction activities
would occur within the previously approved development areas for PA-2 and Cow Camp
Road. In addition, the lease of water would not cause a substantial adverse change in the
significance of an archaeological resource. Therefore, no new impacts would result.
As mentioned above, the proposed pipeline, power line and pump station would be
constructed along a manufactured slope within the existing CWRP boundary and the
approved development area for PA-2. Since these project features would occur in areas that
have previously been disturbed or are approved for development, the proposed above ground
infrastructure improvements would not result in new impacts to archaeological resources.
c) Would the project directly or indirectly destroy a unique paleontological resource or
site or unique geologic feature?
Less-Than-Significant Impact. Refer to response to item V.b above. According to
FEIR No.589, paleontological resources anywhere in the study area have the potential
to be adversely impacted by ground disturbing activities, including brush clearing and
grading. The proposed tie-in valves would be incorporated into the construction
activities associated with the construction of the approved water line along Cow Camp
Road, and therefore, would be constructed in accordance with the standard conditions
and regulations outlines in FEIR No. 589. No new impacts to paleontological resources
would result.
Supplemental Water Lease Mitigated Negative Declaration
7010 54 September 2011
Construction of the proposed pipeline, power line and pump station within PA-2 would
occur prior to the approved construction activities associated with the approved
development of PA-2. Therefore, these improvements have the potential to result in
impacts to paleontological resources. However, the project has implemented the
paleontological resources standard conditions and regulations outlined in the FEIR No.
589; see Section 5 of this document. Implementation of this feature would ensure
potential impacts to paleontological resources remain below a level of significance.
d) Would the project disturb any human remains, including those interred outside of
formal cemeteries?
Less-Than-Significant Impact. The project site is not currently nor has it historically
been used as a cemetery. In addition, the project site has been disturbed from its historical
use of agricultural production. Therefore, it is not anticipated that human remains would
be discovered during the limited construction activities associated with this project. It is
further noted that the proposed construction area is located in a previously approved
construction area for the Ranch Plan development, and therefore, the potential for
disturbing any unknown human remains was previously addressed in the Ranch Plan
Program EIR and its Addendum for improvements along Cow Camp Road. No additional
unforeseen impacts would result.
Construction of the proposed pipeline, power line and pump station within PA-2 would
occur prior to the approved construction activities associated with the approved
development of PA-2. Therefore, these improvements have the potential to result in
impacts to unknown human remains. However, the project has incorporated mitigation
measures from FEIR No. 589, specifically, Mitigation Measure 4.11-3. Implementation
of this feature would ensure potential impacts to human remains would remain below a
level of significance.
Supplemental Water Lease Mitigated Negative Declaration
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VI. Geology and Soils
a) Would the project expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
Less-Than-Significant Impact. The project site is located within seismically
active Southern California, an area where several faults and fault zones are
considered active by the California Division of Mines and Geology. Alquist-
Priolo earthquake fault zones have been established for the majority of these
faults and fault zones. The purpose of the Alquist-Priolo earthquake fault zones is
to prohibit the location of structures on the traces of active faults, thereby
eliminating potential damage due to fault surface rupture. According to the CDC
Geological Survey, the project site is not located on a Alquist-Priolo earthquake
fault zone (CDC 2007). Therefore, impacts would be less than significant.
ii) Strong seismic ground shaking?
Less-Than-Significant Impact. See response to VI.a-i above. The site is located in
seismically active southern California. The most significant seismic hazard at the
site is considered to be shaking caused by an earthquake occurring on a nearby or
distant active fault. The nearest active major fault is the Newport-Inglewood-Rose
Canyon fault zone (Dana Point Section) located approximately 9 miles west of the
project site. In addition, local faults such as the Forster, Christianitos, and Mission
Viejo faults run north-south in the project area. Since the project would be required
to comply with all applicable laws and regulations, including the Standard
Specifications for Public Works Construction, the project would not expose people
or structures to significant effects related to strong ground shaking and impacts
would be less than significant. It is further noted that the proposed lease of water
would not result in impact associated with strong seismic ground shaking.
iii) Seismic-related ground failure, including liquefaction?
Less-Than-Significant Impact. The project site is located in an area that is
subject to liquefaction. However, the construction activities associated with the
proposed project (i.e., implementation of the tie-in valves and above ground
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pipelines and pump) would be implemented in accordance with all applicable
laws and regulations, including the Standard Specifications for Public Works
Construction, the Orange County Grading and Excavation Code and Grading
Manual, and the County’s Building and Safety Code requirements. Therefore,
impacts would be less than significant.
iv) Landslides?
Less-Than-Significant Impact. The project may occur in areas susceptible to
earthquake induced landslides (State of California 2003). However, the
construction of the proposed tie-in valves, water pipeline, power line and pump
station improvements would be conducted in accordance with the Standard
Specifications for Public Works Construction, the Orange County Grading and
Excavation Code and Grading Manual, and the County’s Building and Safety
Code requirements. Therefore, impacts would be less than significant.
b) Would the project result in substantial soil erosion or the loss of topsoil?
Less-Than-Significant Impact. The proposed lease of riparian water to supplement the
irrigation needs of the approved HOA areas of the Ranch Plan development would not
result in substantial soil erosion or the loss of topsoil. In addition, the construction of the
proposed tie-in valves to connect the existing RMV water lines to the previously
approved water line along Cow Camp Road, would occur during the construction
activities of the approved water pipeline along Cow Camp Road. All previously approved
BMPs would be implemented to reduce soil erosion. During the operational phase of the
project, the project site would be paved and would not result in soil erosion. Therefore,
impacts would be less than significant.
The proposed pipeline, power line and pump station would be constructed above grade and
would not result in major grading or other soils disturbing activities.However, the project
would implement best available control measures such as watering disturbed soils and
erosion control best management practices during and after construction (refer to Sections
2.3.1 and 5), which would ensure that potential construction related impacts remain below
a level of significance. During the operational phase of the interim improvements, the
project areas would be covered by the proposed water pipeline, power lines and pump
station, which would minimize the effects of erosion. Impacts would be less than
significant.
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c) Would the project be located on a geologic unit or soil that is unstable, or that would
become unstable as a result of the project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction or collapse?
Less-Than-Significant Impact. Geologic resources were addressed in the approved
Ranch Plan Program EIR and Addendum to FEIRs 589 and 584; both of which are
incorporated by reference. The project would not result in any additional geologic
impacts or modifications to any of the mitigation measures or other conditions approved
as part of the Program EIR and its Addendum. It is further noted that construction of the
proposed tie-in valves, water pipeline, power line and pump station would be
implemented in accordance the Standard Specifications for Public Works Construction;
therefore, impacts would be less than significant.
d) Would the project be located on expansive soil, as defined in Table 18-1-B of the
Uniform Building Code (1994), creating substantial risks to life or property?
Less-Than-Significant Impact. Soils in the project area consist of terrace deposits and
alluvium which are considered to have a medium expansive classification. However,
construction activities would be conducted in accordance with all applicable laws and
regulations, including the Standard Specifications for Public Works Construction, and
therefore, impacts would be less than significant. No impacts would result from the
lease of water.
e) Would the project have soils incapable 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?
No Impact. The project would not require the use of septic tanks or alternative
wastewater disposal. Therefore, impacts would not occur.
VII. Greenhouse Gas Emissions
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a
significant impact on the environment?
Less-Than-Significant Impact. As per the California Global Warming Solutions Act of
2006 (assembly Bill 32), global warming is generally the result of greenhouse gas emissions
(GHGs) caused by carbon dioxide emissions. Those emissions are primarily caused by the
burning of fossil fuels such as vehicle emissions or increased energy consumption. During
the construction phase of the project, the transport of the tie-in valves to the project site may
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result in one to three vehicle trips to the project area and would not result in a significant
amount of carbon dioxide emissions. The proposed lease of water to SMWD to supplement
the non-domestic water needs and provide local water for the purposes of irrigating the HOA
areas of the Ranch Plan development would reduce the amount of water needed to be
transported to the project site from state water resources, thereby reducing the amount of
energy needed to transport state water to the project area. The decrease in energy usage
would decrease the amount of greenhouse gas emissions generated by the approved Ranch
Plan development. Therefore, impacts would be less than significant.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
Less-Than-Significant Impact. AB 32 was passed in 2006 and requires that by 2020,
state emissions must be reduced to 1990 levels by reducing GHG emissions from
significant sources via regulation, market mechanisms, and other actions.
SB 375 was passed in 2008. This bill links transportation and land use planning with
global warming. It requires the Air Resource Board to set regional targets for the purpose
of reducing GHG emissions from passenger vehicles. Under this law, if regions develop
integrated land use, housing, and transportation plants that meet SB 375 targets, new
projects in these regions can be relieved of certain review of requirements under CEQA.
To implement state mandates to address climate change in local land use planning, local
land use jurisdictions are generally preparing GHG emission inventories and reduction
plans and incorporating climate change policies into local General Plans to ensure
development is guided by a land use plan that reduces GHGs. Until local plans are
developed to address GHG emissions, such as a local sustainable communities strategies
and update General Plan policies, the project is evaluated to determine whether it would
impede the implementation of AB 32 GHG reduction targets.
As documented in Addendum to FEIR No.’s 589 and 584, the project would not result in
a conflict with an applicable plan adopted for the purpose of reducing the emissions of
GHGs. These include the fact that vehicle and operational emissions from energy
consumption have been addressed as part of both FEIRS (589 and 594). Additionally,
measures have been incorporated into the project that would serve to reduce GHG
emissions (refer to Section 5). Also, as discussed in the response VII.a above, the project
would not impede the implementation of AB 32 reduction targets. Therefore, the project
would not conflict with an applicable plan, policy, or regulation adopted for the purpose
of reducing the emissions of GHGs.
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VIII. Hazards and Hazardous Materials
a) Would the project create a significant hazard to the public or the environment through
the routine transport, use, or disposal of hazardous materials?
Less-Than-Significant Impact. The lease of water would not result in the routine
transport, use or disposal of hazardous materials. During the construction period, standard
best management practices would be applied to ensure that all hazardous materials (i.e.,
construction equipment fuels) are stored properly and that no hazards occur during this
phase of the project. Therefore, impacts would be less than significant.
b) Would the project create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the release of
hazardous materials into the environment?
Less-Than-Significant Impact. The project proposes the lease of riparian water for non-
domestic use within a previously approved planned development, and therefore, would
not result in a reasonably foreseeable upset or accident condition involving the release of
hazardous materials into the environment. During the construction phase, BMPs would
be applied to reduce potential concerns from accidental conditions. Impacts would be less
than significant.
c) Would the project emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter mile of an existing or
proposed school?
No Impact. The project site is not location within one-quarter mile of an existing or
proposed school. In addition, the project would not emit or result in the handling of
hazardous materials or substances. Therefore, no impacts would result.
d) Would the project be located on a site that is included on a list of hazardous materials
sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it
create a significant hazard to the public or the environment?
No Impact. According to the State of California Department of Toxic Substance
Controls EnviroStor database, the project site is not included on a list of hazardous
material sites (State of California 2011). Therefore, no impacts would result.
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e) Would the project for a project located within an airport land use plan or, where such
a plan has not been adopted, within two miles of a public airport or public use
airport, would the project result in a safety hazard for people residing or working in
the project area?
No Impact. The proposed project site is not located within an airport land use plan or within
two miles of a public airport or public use airport. Therefore, no impacts would result.
f) Would the project for a project within the vicinity of a private airstrip, would the
project result in a safety hazard for people residing or working in the project area?
No Impact. The project site is not located within the vicinity of a private airstrip.
Therefore, the project would not result in a safety hazard for people residing or working
in the project area.
g) Would the project impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan?
No Impact. There is no designated evacuation routes within the Ranch Plan boundaries
(County of Orange 2008), therefore, the project would not impair or physically interfere
with an adopted emergency response plan or an emergency evacuation plan.
h) Would the project 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?
Less-Than-Significant Impact. The project site is currently located in a wildland area that
has been approved for an urban planned development. The lease of water for non-domestic
use within the HOA areas of the planned development, and the proposed water pipeline,
power line and pump station infrastructure improvements would provide the additional
water needed to support the non-domestic needs of the development. Therefore, impacts
would be less than significant.
IX. Hydrology and Water Quality
a) Would the project violate any water quality standards or waste discharge requirements?
Less-Than-Significant Impact. The Water Quality Management Plan (WQMP) prepared
for the Ranch Plan analyzed potential impacts associated with the construction of Cow
Camp Road and associated utilities approved along and within its right-of-way. The
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WQMP outlined the site design, source control and treatment systems that would provide
effective treatment for the approved Ranch Plan development. The proposed construction
of the tie-in valves would not increase the potential pollutant levels to a degree in which it
would result in a violation of water quality standards or waste discharge requirements. In
addition, the lease of water from MWC to SMWD is proposed to supplement the non-
domestic water needs of the HOA areas of the planned development. The use of local water
within the planned development would occur in compliance with the WQMP source
control and treatment measures and would not result in any changes to the water quality or
waste discharge requirements. Therefore, impacts would be less than significant.
In addition to the above analysis, a portion of the proposed power line and 16-inch water
pipeline would occur within the existing CWRP. Construction of these facilities would
increase the potential for temporary erosion and sediment transport. However, during
construction, the project would implement best available control measures, such as watering
disturbed soils and construction of temporary erosion control devices, which would reduce
project-related soil erosion. Therefore, impacts would be less than significant.
b) Would the project 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 (i.e., the production rate of pre-existing
nearby wells would drop to a level that would not support existing land uses or planned
uses for which permits have been granted)?
Less-Than-Significant Impact. RMV is proposing to lease a portion of the riparian water
allocations pertaining to the landowner members of the MWC to SMWD for use as
supplemental water to offset in part the new water demand generated by the HOA parcels
and investment properties of the Ranch Plan. SMWD would use the leased water to
provide non-domestic water to the HOA parcels and to the RMV related investment
properties during such periods that recycled water is not available due to the construction
schedule for facilities or for other reasons. RMV would deliver, and SMWD would
receive up to 400 acre feet of water annually to meet the projected need for PA-1. The
quantity of water to be delivered would be increased as development of other planning
areas in the San Juan Watershed occurs. The maximum quantity of water per the lease
agreement is 2,500 af/yr of RMV– riparian water to SMWD without further agreement.
This is a portion of the historical use of the 3,500 af/yr or more used by RMV for
agricultural and other purposes. RMV riparian water to be used by SMWD would not
exceed existing and historical RMV usage. Since the water would be used within the same
watershed and would not exceed quantities historically used within the project area, the
project would not substantially deplete groundwater supplies or interfere substantially with
groundwater recharge. Therefore, impacts would be less than significant.
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The proposed power line, up to a 16-inch water pipeline, and a booster pump would be
constructed above ground. These facilities would not substantially reduce the amount of
impervious surface area and therefore would have a minimal impact on water recharge. In
addition, these facilities are temporary and would be removed once the previously
approved water reservoirs are constructed in PA-2. Impacts would be less than significant.
c) Would the project 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?
Less-Than-Significant Impact. The proposed lease of water to supplement the water
needs of the approved planned community. The proposed water use would not
substantially alter the approved drainage pattern for the Ranch Plan (as previously
analyzed and approved in FEIR 589). In addition, the proposed water use would not
result in substantial erosion or siltation on- or off-site. Therefore, impacts would be less
than significant.
d) Would the project 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?
Less-Than-Significant Impact. Refer to response to item IX.b above. The drainage
system identified in the Ranch Plan Program EIR for the proposed development of the
planned community would be adequate to serve the project area. In addition, the project
does not propose any changes that would result in the alteration of a stream or river. The
proposed lease of water would not substantially alter the existing drainage pattern of the
site or area or substantially increase the rate or amount of surface runoff in a manner that
would result in flooding on or off-site. Therefore, impacts would be less than significant.
e) Would the project create or contribute runoff water which would exceed the capacity of
existing or planned stormwater drainage systems or provide substantial additional
sources of polluted runoff?
Less-Than-Significant Impact. The proposed change in the source of water would not result
in changes to the approved stormwater drainage system for the Ranch Plan development. In
addition, the project would not result in an increase in water runoff generated in the project
area. The stormwater drainage system planned for the Ranch Plan remains adequate to
support the approved development. Therefore, impacts would be less than significant.
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These proposed above ground pipeline, power line and pump station facilities would
not generate large quantities of runoff water, which would reduce the amount of
impervious surface area, and therefore, would have a minimal impact on water
recharge. Impacts would be less than significant.
f) Would the project otherwise substantially degrade water quality?
Less-Than-Significant Impact. During construction activities the project would comply
with the site design measures of the WQMP prepared for the Ranch Plan. During the
operational phase of the project, no project features would contribute to the potential
degradation of water quality. Therefore, impacts would be less than significant.
g) Would the project 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?
No Impact. The project does not propose the construction or relocation of housing.
Therefore, the project would not result in the placement of housing within a 100-year
flood hazard area.
h) Would the project place within a 100-year flood hazard area structures which would
impede or redirect flood flows?
Less-Than-Significant Impact. The alignment for Cow Camp Road would transverse
across areas that are designated as a 100-year floodplain (FEMA 2006) (Figure 6). While
the project proposes to construct the tie-in valves along Cow Camp Road, the proposed
valves would not be constructed within the floodplain areas, and would not impede or
redirect flood flows. The proposed water pipeline, power line and pump station would not
occur within a 100-year flood hazard area. Impacts would be less than significant.
i) Would the project 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?
Less-Than-Significant Impact. The project does not propose the construction of a levee
or dam to contain water flows. While the project would construct valves adjacent to flood
hazard areas, proposed project would not result in the exposure of people or structures to a
significant risk of loss, injury or death involving flooding. Therefore, impacts would be less
than significant.
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j) Inundation by seiche, tsunami, or mudflow?
Less-Than-Significant Impact. San Juan Creek is located down slope of the project to
the south. In addition, the project site is located approximately 6.5 miles east of the
Pacific Ocean. No other bodies of water are located within the project site. Therefore the
project area is not prone to a seiche or tsunami. Grading in compliance with the Orange
County Grading Code and design standards would reduce the potential for mudflows to
less than significant.
X. Land Use and Planning
a) Would the project physically divide an established community?
No Impact. The proposed project would supplement the non-domestic water needs to
support the HOA parcels and RMV-related investment properties of the approved
planned community of the Ranch Plan. No aspect of the proposed project would
physically divide an established community.
b) Would the project 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?
Less-Than-Significant Impact. The County of Orange General Plan Land Use
designation, for the area in which Cow Camp Road would transverse, consists of
Suburban Residential, Urban Activity Center, Open Space, and Open Space Preserve
(County of Orange 2005a). The County of Orange zoning designation for this area is
Planned Community. The proposed water lease would supplement the non-domestic
water needs of the Planned Community and would be consistent with the approved land
use and zoning designations for the project site. The proposed construction of the tie-in
valves would occur within the previously approved alignment for Cow Camp Road (per
the FEIR No.’s 589 and 584 and the Addendum to FEIR No.’s 589 and 584), and
therefore, impacts would be less than significant.
Proposed Pump Station
Antonio Pkwy
Ortega Hwy
Cow Camp Rd
Well 2
AntonioPkwy BridgeWell Casing
Well 3/50
Well 28
Well 25
Well 23
Well 18
Well 7
Well 6 Well 27
Well 8
Well 12
NicholsWell
Well 9Well 9
(Domestic)
VerdugoWell
PA 1
PA 1
PA 2
PA 3
PA 4
PA 5
FIGURE 6
FEMA 100-year FloodplainSupplemental Water Lease MND
SOURCE: Digital Globe 2008 Huitt-Zollars 2011 FEMA 2008
7010-01
0 1,500750Feet
100-Year Floodplain
Cow Camp Road Alignment Limits of Grading
Cow Camp Road Conceptual Alignment
Proposed Pipeline
Proposed Powerline
Wells
Included in MWC Agreement
Not Included in MWC Agreement
Existing RMV Water System
Existing Gobernadora Reservoir
Planning Areas (PA)
Rancho Mission Viejo Boundary
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INTENTIONALLY LEFT BLANK
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The General Plan Land Use and Zoning designations for the proposed pipeline, power
line and pump station areas within PA-2 consist of Suburban Residential and PC-Ranch
Plan, respectively. However, the parcel of land that encompasses the CWRP has a land
use designation of and Public Facilities (County of Orange 2005a), and is zoned as
General Agriculture (A1) (County of Orange 2005b). The proposed infrastructure
improvements would be consistent with the general plan designations and the PC-Ranch
Plan zoning designation. The purpose of the A1 zone is to provide for agriculture,
outdoor recreational uses, and those low intensity uses which have a predominately open
space character. It is also intended as an interim zone in those areas which the General
Plan may designate more intensive urban uses in the future. Per zoning regulation Section
7-9-55.3.h principal uses permitted with a site development permit include public/private
utility buildings and structures. The western portion of the proposed above ground
pipeline and power line would be constructed within the northern boundary of the
CWRP, and no agricultural production occurs within this parcel of land. Therefore,
impacts would be less than significant.
c) Would the project conflict with any applicable habitat conservation plan or natural
community conservation plan?
Less-Than-Significant with Mitigation. Refer to response to item IV.f above. The
construction of the tie-in valves and pup station, and the lease of water would not conflict
with an adopted HCP or MSAA. The NCCP was not permitted and currently is not
active, and therefore, the project would not conflict with an NCCP.
Depending upon the final alignment of the water pipeline and power line, the potential
for indirect impacts to biological resources within the approved NCCP/MSAA/HCP
area would result. However, the incorporation of mitigation measures BIO-1 and BIO-2
would reduce the potential temporary impacts associated with the construction of the
proposed water pipeline and power line. Therefore, impacts would be less than
significant with mitigation.
XI. Mineral Resources
a) Would the project result in the loss of availability of a known mineral resource that
would be of value to the region and the residents of the state?
No Impact. According to the Ranch Plan EIR the mineral resources within the Ranch
Plan project area were limited to PAs 5, 6, 7, and 13. The proposed project would occur
in areas that were previously approved for development; including PAs 1, 2, 3, and 4. In
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addition, the western portion of the proposed water pipeline and power line facilities
would be constructed within the CWRP. Therefore, the proposed project would not result
in the loss of availability of a known mineral resource.
b) Would the project result in the loss of availability of a locally important mineral
resource recovery site delineated on a local general plan, specific plan, or other land
use plan?
No Impact. Refer to response to item XI.a above.
XII. Noise
a) Would the project result in exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or noise ordinance, or
applicable standards of other agencies?
Less-Than-Significant Impact. Construction activities associated with the proposed tie-
in valves, water pipeline, power line and pump station would occur in accordance with
the Orange County Noise Ordinance Section 4-6-7; which permits construction activities
to occur between the hours of 7am and 8 pm. Compliance with the noise ordinance would
reduce potential construction related noise to less than significant. The operational phase
of the proposed project (i.e., the lease of riparian water) would not result in the generation
of noise. In addition, the operation of the proposed pipelines would not result in an
increase in operational noise levels. However, the proposed above ground booster pump
station would generate noise during the temporary operational period. The County’s
Noise Ordinance Section 4-6-5 Exterior Noise Levels identifies the exterior noise
threshold for residential uses as 55 dB(A) between the hours of 7am to 10 pm and 50
dB(A) between the hours of 10 pm and 7 am. The closest existing residential property
line is located approximately 0.57 miles to the north of the proposed pump station. Noise
generated from the booster pump station at this location would be less than 40 dB(A).
Therefore, impacts would be less than significant.
b) Would the project exposure of persons to or generation of excessive groundborne
vibration or groundborne noise levels?
Less-Than-Significant Impact. The proposed project would not result in the generation
of groundborne vibration. Therefore, impacts would be less than significant.
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c) Would the project result in a substantial permanent increase in ambient noise levels in
the project vicinity above levels existing without the project?
Less-Than-Significant Impact. Refer to response to item XII.a above. The proposed
lease of riparian water would not result in an increase to the ambient noise levels.
Therefore, no impacts would occur.
The proposed water pipeline and power line would not result in a permanent increase in
ambient noise levels. While the pump station would generate operational noise during its
interim use, the closest sensitive receptors are residential uses located approximately 0.57
mile north of the proposed station site. Noise generated from the booster pump station at
this location would be less than 40 dB(A) at the nearest sensitive receptor. Therefore,
impacts would be less than significant.
d) Would the project result in a substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing without the project?
Less-Than-Significant Impact. Refer to response to item XII.a above. During
construction activities, construction noise is exempt from the noise threshold if activities
occur during the hours of 7am to 8 pm. Compliance with the noise ordinance would
reduce potential construction related noise to less than significant. In addition, the lease
of water would not result in a substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the project.
The interim pipeline, power line and pump station would not result in a substantial
temporary or periodic increase in ambient noise levels. While the proposed pump station
would generate operational noise during its interim use, the closest sensitive receptors are
residential uses located approximately 0.57 mile north of the proposed pump station site,
and noise levels would be below the County’s threshold. Therefore, impacts would be
less than significant.
e) Would the project for a project located within an airport land use plan or, where such a
plan has not been adopted, within two miles of a public airport or public use airport,
would the project expose people residing or working in the project area to excessive
noise levels?
No 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. Therefore, no impacts would occur.
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f) Would the project for a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area to excessive noise levels?
No Impact. The proposed project is not located within the vicinity of a private airstrip.
Therefore, no impacts would result.
XIII. Population and Housing
a) Would the project induce substantial population growth in an area, either directly (for
example, by proposing new homes and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
Less-Than-Significant Impact. The project proposes the lease of riparian water from the
property owners of the Ranch to SMWD to supplement the non-domestic irrigation water
needs of the HOA parcels and RMV-related investment properties of the approved Ranch
Plan development. The approved Water Supply Assessment for the Ranch Plan indicates
that adequate water supply is available for the project exclusive of the lease of riparian
water, therefore, the project would not result in an increase to the domestic water supply.
Impacts would be less than significant.
b) Would the project displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere?
No Impact. The proposed project would not require the removal of existing housing, and
therefore, would not necessitate the construction of replacement housing elsewhere.
c) Would the project displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
No Impact. The project would not result in the displacement of people; therefore, no
replacement housing would be required.
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XIV. Public Services
a) Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios,
response times, or other performance objectives for any of the public services:
Fire protection?
No Impact. The proposed lease of riparian water would not result in an increase in fire
protection services or response times of such services. Therefore, no impacts would result.
Police protection?
No Impact. The proposed lease of riparian water would not result in an increase in police
protection services or response times of such services. Therefore, no impacts would result.
Schools?
No Impact. The proposed project would not result in an increase in students or affect
existing or proposed schools. Since the project does not proposed housing, impacts to
existing schools or the need for additional schools would not result.
Parks?
No Impact. The proposed project would supplement the non-domestic water supply of
the planned community including the irrigation needs of the approved parks. However,
the project would not result in an increase in use of existing or planed parks. Therefore no
impacts would occur.
Other public facilities?
No Impact. No additional public facilities would be impacted by the proposed project.
No impact would result.
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XV. Recreation
a) Would the project increase the use of existing neighborhood and regional parks or
other recreational facilities such that substantial physical deterioration of the facility
would occur or be accelerated?
No Impact. The proposed project would not result in the increased use of existing parks
or other recreational facilities. Therefore, no impacts would result.
b) Does the project include recreational facilities or require the construction or
expansion of recreational facilities, which might have an adverse physical effect on
the environment?
No Impact. The proposed project does not include recreational facilities or require the
construction or expansion of recreational facilities. No impacts would result.
XVI. Transportation and Traffic
a) Would the project conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the performance of the circulation
system, taking into account all modes of transportation including mass transit and
non-motorized travel and relevant components of the circulation system, including
but not limited to intersections, streets, highways and freeways, pedestrian and
bicycle baths, and mass transit?
Less-Than-Significant Impact. During the construction phase of the project, traffic would
be generated by construction crews and equipment traveling to and from the project site.
Due to the size of the project, a relatively small number of vehicles would be required to
implement the construction phase. Therefore, increased traffic from the construction phase
would be a short-term temporary and minimal increase and would not result in a conflict
with applicable plans, ordinances or policies of the circulation system. Therefore impacts
would be less than significant. The proposed lease of water, or the proposed water pipeline,
power line or pump station, would not result in any conflicts to the circulation system, and
therefore, no impacts would occur during this phase of the project.
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b) Would the project conflict with an applicable congestion management program,
including, but not limited to level of service (LOS) standards and travel demand
measures, or other standards established by the county congestion management agency
for designated roads or highways?
Less-Than-Significant Impact. The short-term and limited construction-related traffic
would not create a substantial impact on traffic volumes nor change traffic patterns in
such a way as to affect the LOS or vehicle to congestion ratio on study area roadways.
Long-term traffic associated with the lease of water, and the interim operation and
maintenance of the pipeline, power line and pump station, would not change the existing
or approved traffic conditions, and therefore, would have no impact to the LOS on study
area roadways.
c) Would the project 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?
No Impact. The project does not propose any use which would result in a change in air
traffic patterns. Therefore, no impacts would result.
d) Would the project substantially increase hazards due to a design feature (e.g., sharp
curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
No Impact. The proposed project does not include the development or redesign of any
roadways that would impose a hazardous threat due to a design feature. No impacts
would occur.
e) Would the project result in inadequate emergency access?
No Impact. The project would not result in the closure of any surface streets that would
increase the response times for emergency services. Therefore, no impacts would result.
f) Would the project conflict with adopted policies, plans, or programs regarding public
transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety
of such facilities?
Less-Than-Significant Impact. As addressed in the Ranch Plan Program EIR and
Addendum to FEIRs 589 and 584, a Class 1 Bikeway and a Regional Riding and Hiking
Trail has been approved along Cow Camp Road as part of the Ranch Plan development.
A Class 1 Bikeway trails is a paved off-road facility which is physically separated from a
roadway and designated primarily for the use of bicycles. The approved alignment for
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these trails would generally run parallel, to the south of Cow Camp Road. The project
proposes to construct tie-in valves along the future Cow Camp Road alignment.
Installation of the tie-in valves would be constructed during the installation of the
previously approved water line within Cow Camp Road. These infrastructure
improvements would occur prior to the opening of Cow Camp Road and the bikeway and
regional trails, and therefore, the implementation of the proposed tie-ins would not
conflict with these facilities. Impacts would be less than significant.
XVII. Utilities and Service Systems
a) Would the project exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
Less-Than-Significant Impact. During construction activities, the project would be
required to comply with the Regional Water Quality Control Board’s and the Ranch Plan
WQMP. No waste water would be generated during the operational phase of the project.
Impacts would be less than significant.
b) Would the project require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the construction of which could
cause significant environmental effects?
Less-Than-Significant Impacts. RMV has historically diverted and used an average of
3,500 af/yr of riparian water. The proposed lease agreement would result in the lease of
up to a maximum of 2,500 af/yr of RMV-riparian water to SMWD without further
agreement. Additional water could be available if SMWD and RMV mutually agree and
the amount is available. The amount of water proposed to be withdrawn from the existing
wells and leased to SMWD, together with all other RMV withdrawals, would be less than
3,500 af/yr. Therefore, the project would not exceed the existing and historical use of
water in the project area.
The proposed lease of riparian water for non-domestic uses would not require or result in
the construction of new water or wastewater treatment facilities or the expansion of
existing facilities. A new water pipeline was previously approved along Cow Camp
Road. The project would only need to connect to this approved pipeline from the existing
RMV water lines that travel north/south from the existing wells located along San Juan
Creek. Therefore, impacts would be less than significant.
The project would not generate new sources of wastewater, and therefore, no new or
expansion facilities would not be required. Impacts would be less than significant.
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c) Would the project 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?
Less-Than-Significant Impact. The proposed lease of riparian water to supplement the
source of water for the irrigation of HOA parcels and RMV-related investment properties
of the approved Ranch Plan development and construction of interim pipeline and pump
station facilities would not require or result in a substantial increase to the storm water
runoff amounts analyzed in the Ranch Plan Program EIR. In addition, the construction
phase of the project would not increase the amount of storm water runoff that would
necessitate the need to construct new storm water drainage facilities. Therefore, impacts
would be less than significant.
d) Would the project have sufficient water supplies available to serve the project from
existing entitlements and resources, or are new or expanded entitlements needed?
Less-Than-Significant Impact. RMV has historically diverted and used an average of
3,500 af/yr of riparian water for agricultural and other purposes. The proposed lease
agreement would result in the lease of up to a maximum of 2,500 af/yr of RMV-riparian
water to SMWD without further agreement. The amount of water proposed to be
withdrawn from the existing wells and leased to SMWD, together with all other RMV
withdrawals, would be less than 3,500 af/yr. Therefore, there would still be adequate
water available to support existing riparian habitats, since no increase in water use is
involved, and because the existing uses of riparian water for agricultural purposes has
been compatible with maintaining riparian systems. Therefore, the project would not
exceed the existing and historical use of water in the project area, and no new or
expanded entitlements are required. Impacts would be less than significant.
e) Would the project result in a determination by the wastewater treatment provider,
which serves or may serve the project that it has adequate capacity to serve the
project’s projected demand in addition to the provider’s existing commitments?
Less-Than-Significant Impact. The project would not result in the need for additional
water or generate additional wastewater that what was predicted for the planned
development of the Ranch Plan. Therefore, the capacity of the wastewater treatment
provider would not be affected, and impacts would be less than significant.
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f) Would the project be served by a landfill with sufficient permitted capacity to
accommodate the project’s solid waste disposal needs?
Less-Than-Significant Impact. While some solid waste may be generated during the
construction phase of the project, the amount of waste would be minimal and would be
brought to the local landfill. This would be a short-term increase to the landfill and
impacts would be less than significant. No solid waste would be generated during the
operational phase of the proposed project.
g) Would the project comply with federal, state, and local statutes and regulations related
to solid waste?
Less-Than-Significant Impact. The proposed project would comply with federal, state
and local statutes and regulations related to solid waste during the construction phase.
The operational phase of the project would not generate solid waste. Therefore, impacts
would be less than significant.
XVIII. Mandatory Findings of Significance
a) Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered plant
or animal, or eliminate important examples of the major periods of California history
or prehistory?
Less-Than-Significant with Mitigation. The proposed lease of water and construction
of the tie–in valves would occur within previously approved development areas. In
addition, construction activities would be conducted at the same time as the previously
approved infrastructure improvements along Cow Camp Road and no new impacts to
biological or cultural resources would result from the project.
The western portion of the off-water pipeline and power line facilities would be constructed
within the northern boundary of the CWRP and the eastern portion of these facilities would
be constructed within the previously approved development area for PA-2. While the
project sites for these facilities have been previous disturbed, the potential exists for
impacts to occur to coastal sage scrub and indirect impacts to migratory birds and the
NCCP/MSAA/HCP. However, implementation of mitigation measures BIO-1 and BIO-2
would reduce potential impacts to biological resources to less-than-significant levels. In
addition, construction activities for the proposed pipeline, power line and pump station
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facilities located within the PA-2 boundary would occur prior to the construction of the
approved Ranch Plan development, and therefore, the project has incorporated mitigation
measures from FEIR No. 589 to reduce these impacts to less than significant levels.
b) Does the project have impacts that are individually limited, but cumulatively
considerable? (“Cumulatively considerable” means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of probable future projects)?
Less-Than-Significant Impact with Mitigation. The proposed lease of water and
associated construction activities are proposed in support of the previously approved
Ranch Plan development. FEIR No 589 conducted a comprehensive cumulative impact
analysis which considered 74 specific projects, in addition to growth projects associated
with the adopted general plans for the local jurisdictions, and regional development
projects. Significant cumulative impacts identified in FEIR 589 were related to
agricultural resources, water resources, air quality, noise, aesthetics and visual resources,
mineral resources, traffic and circulation, and biological resources. In addition, a separate
project to transfer water from the CWRP to Cow Camp Road has been identified as a
foreseeable future project.
The proposed lease of water and construction of the proposed tie-in valves and pump
station would not result in impacts that would be cumulatively considerable. The
proposed pipeline and power line infrastructure improvements would have the potential
to result in impacts to biological resources. However, implementation of mitigation
measures BIO-1 and BIO-2 would reduce potential impacts to biological resources to
less-than-significant levels in accordance with the approved HCP and MSAA. Therefore,
cumulative biological impacts would be less than significant.
c) Does the project have environmental effects, which will cause substantial adverse
effects on human beings, either directly or indirectly?
Less-Than-Significant Impact. Based on the analysis of the above questions, it has been
determined that there would be no significant direct or indirect effect on human beings.
Impacts would be less than significant.
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INTENTIONALLY LEFT BLANK
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5.0 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Time Frame of Mitigation
Monitoring Reporting Agency
Time Frame for Verification
Frequency to
Date of Completion
Date of Verification Planning
Pre-Const. During Const.
Post Const. Monitor Report
Project Design Features
Best available control measures shall be used during construction to reduce particulate emissions and reduce soil erosion and trackout, through the following project features:
Construction staff will cover or water daily any on-site stockpiles of debris, dirt, or other dusty material.
Construction staff will use adequate water and/or other dust palliatives on all disturbed areas in order to avoid particle blow-off.
Construction staff will wash down or sweep paved streets as necessary to control track out or fugitive dust.
Construction staff will cover or tarp all vehicles hauling dirt or spoils on public roads if sufficient freeboard is not available to prevent material blow-off during transport.
Construction staff will use gravel bags and catch basins during ground-disturbing operations.
Construction staff will erect temporary wind breaks to mitigate wind erosion.
Construction staff will maintain appropriate soil moisture, apply soil
X SMWD
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Mitigation Measure
Time Frame of Mitigation
Monitoring Reporting Agency
Time Frame for Verification
Frequency to
Date of Completion
Date of Verification Planning
Pre-Const. During Const.
Post Const. Monitor Report
binders, and plant stabilizing vegetation.
During construction equipment emissions will be reduced through the following project features:
Construction staff will properly tune and maintain construction equipment.
Construction management staff shall encourage carpooling by all construction workers.
Any necessary lane closures will be limited to off-peak travel periods.
Construction staff will park construction vehicles off traveled roadways.
Construction management will encourage receipt of materials during non-peak traffic hours.
X SMWD
The following standard conditions and regulations, in regards to paleontological resources, shall be incorporated into the project:
SMWD shall retain a County certified paleontologist to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resources surveillance, and shall
X X SMWD
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Mitigation Measure
Time Frame of Mitigation
Monitoring Reporting Agency
Time Frame for Verification
Frequency to
Date of Completion
Date of Verification Planning
Pre-Const. During Const.
Post Const. Monitor Report
establish, in cooperation with the contractor, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the contractor, which ensure proper exploration and/or salvage.
Prior to the release of any grading bond, the contractor shall submit the paleontologist’s follow up report for approval by the County Manager; and OC Parks. The contractor shall prepare excavated material to the point of identification. The contractor shall offer excavated finds for curatorial purposes to the County of Orange, or its designee, on the first-refusal basis. These actions, as well as final mitigation and disposition of the resources, shall be subject to approval by OC Parks. The contractor shall pay curatorial fees if an applicable fee program is in effect at the time of presentation of the materials to the County of Orange or its designee, all in a manner meeting the approval of OC Parks. (County of Orange Standard Condition of Approval, A07)
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Mitigation Measure
Time Frame of Mitigation
Monitoring Reporting Agency
Time Frame for Verification
Frequency to
Date of Completion
Date of Verification Planning
Pre-Const. During Const.
Post Const. Monitor Report
The following mitigation measure shall be incorporated from FEIR No. 589, to reduce potential impacts to human remains.
In accordance with California Health and safety Code Section 7050.5, if human remains are found, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined the appropriate treatment and disposition of the human remains. The County Coroner shall make such determination within two working days of notification of discovery. If the County Coroner determines that the remains are or believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 24 hours. In accordance with California Public Resources Code Section 5097.98, the Native American Heritage Commission must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendants shall complete their inspection within 24 hours of
X SMWD
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Mitigation Measure
Time Frame of Mitigation
Monitoring Reporting Agency
Time Frame for Verification
Frequency to
Date of Completion
Date of Verification Planning
Pre-Const. During Const.
Post Const. Monitor Report
notification. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains.
Mitigation Measures
BIO-1. Prior to the commencement of construction activities, SMWD shall retain a qualified biologist to survey the final alignment of the proposed water pipeline and power line. If impacts to vegetation communities and potentially special-status species would occur from the final alignment, SMWD shall prepare and implement a Biological Resources Construction Plan (BRCP) that provides for the protection of the resource and establishes the monitoring requirements. The BRCP shall incorporate the avoidance and minimization measures, as applicable to the on-site impacts, described in Section 4.6, Avoidance and Minimization Measures, in the SMWD NCCP/MSAA/HCP Guidelines and Procedures Manual (Dudek 2007). The BRCP may include the following elements, as applicable to the project impacts: specific measures for the protection of special-status species; identification and quantification of habitats to be disturbed; delineation of project impact area with
X SMWD
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Mitigation Measure
Time Frame of Mitigation
Monitoring Reporting Agency
Time Frame for Verification
Frequency to
Date of Completion
Date of Verification Planning
Pre-Const. During Const.
Post Const. Monitor Report
fencing, flagging, or tape, or other marking; biological monitoring during construction for special-status wildlife such as California gnatcatcher and cactus wren; Best Management Practices pertinent to erosion and dust; and restoration of temporary impact areas to pre-construction or better conditions.
BIO-2. If construction occurs during the bird breeding season (typically March through August, or as determined by a qualified biologist), within seven (7) days of ground-disturbing activities a pre-activity survey shall be conducted by a qualified biologist to determine if active nests of bird species protected by the federal Migratory Bird Treaty Act and California Fish and Game Code Section 3503 are present in the disturbance zone or within 300 feet (500 feet for raptors) of the disturbance zone. If ground-disturbing activities are delayed, then additional pre-disturbance surveys shall be conducted such that no more than seven (7) days will have elapsed between the survey and ground-disturbing activities.
X SMWD
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6.0 REFERENCES
California Department of Conservation. 2007. Alquist-Priolo Earthquake Fault Zone Maps.
Available at: http://www.quake.ca.gov/gmaps/ap/ap_maps.htm. Viewed on June 27, 2011.
California Department of Conservation. 2008 . Farmland Mapping and Monitoring Program.
Important Farmlands.
California Department of Conservation. 2009. Williamson Act Contract Lands.
Caltrans 2007. California Scenic Highway Mapping System. Updated 12-7-2007. Available at:
http://www.dot.ca.gov/hq/LandArch/scenic_highways. Viewed on June 30, 2011.
County of Orange. 2004. Program Environmental Impact Report No. 589. The Ranch Plan
General Plan Amendment/Zone Change (PA 01-114) (SCH No. 2003021141). Prepared
by Bonterra Consulting.
County of Orange. 2005a. General Plan Land Use Element Map. Adopted September 13.
County of Orange. 2005b. County of Orange General Plan. Available at:
http://www.ocplanning.net/GeneralPlan2005.aspx. Viewed on: June 21, 2011.
County of Orange. 2008. Addendum to Final EIR 584 (SCH 2006061140) and Final EIR 589
(SCH 2003021141). The Ranch Plan Cow Camp Road and Ancillary Infrastructure
Improvements IP 08-338. Prepared by Bonterra Consulting. September.
Dudek. 2007. NCCP/MSAA/HCP and SAMP Guidelines and Procedures Manual for the Santa
Margarita Water District.
FEMA (Federal Emergency Mapping Agency). 2006. Flood Insurance Rate Maps.
SCAQMD (South Coast Air Quality Management District. 2011. CEQA Handbook (SCAQMD
1993) Revised March 2011. Accessed July 13, 2011. http://www.aqmd.gov/CEQA/
handbook/signthres.pdf.
State of California. 2003. California Geological Survey. Seismic Hazard Zones. Canada
Gobernadora Quadrangle. September 23. Available at: http://gmw.consrv.ca.gov/shmp/
download/pdf/ozn_canag.pdf. Viewed on June 27, 2011.
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State of California. 2011. Department of Toxic Substance Control. EnviroStor Database.
Available at: http://www.envirostor.dtsc.ca.gov/public/map.asp?global_id=&x=-
119.1357421875&y=37.82280243352756&zl=5&ms=640,480&mt=m&findaddress=Tru
e&city=&zip=&county=ORANGE&federal_superfund=true&state_response=true&volu
ntary_cleanup=true&school_cleanup=true&corrective_action=true&tiered_permit=true&
permit_site=true&permit_and_ca_site=true. Viewed on June 21, 2011.