Loading...
HomeMy WebLinkAboutA7052 - SOUTHERN CALIFORNIA EDISON - CP# 01-11r RECORDING REQUESTED BY SOUTHERN CALIFORNIA E I An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn: Title and Real Estate Services SCE Doc. No. GRANT OF EASEMENT Jr� /.172 00159476 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder ,II II SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $NONE R R A VALUE AND CONSIDERATION LESS THAN $100 00) Palm Springs TD859848 E Company FIM 628-1908-1 APPROVED: SIG. OF 6ECLARA GTAX FIRM NAME APN 669-070-002 REALPROPERTIES SLS/BT 02/14/2017 DEPARTMENT CITY OF PALM SPRINGS, a municipal corporation, (hereinafter refenTed to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of poles, guy wires and anchors, crossarms, wires and other appurtenant fixtures and/or equipment necessary or useful, for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, along and across that certain real property in the County of Riverside, State of California, described as follows: TWO STRIPS OF LAND LYING WITHIN THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, SAID PORTION IS MORE PARTICULARLY DESCRIBED AS PARCEL 2 IN THE DEED TO THE GRANTOR HEREIN, RECORDED ON JUNE 28, 1994 AS DOCUMENT NO, 262700, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS: STRIP #1 (10.00 FEET WIDE) BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID PARCEL 2 WITH A LINE PARALLEL WITH AND DISTANT 147.50 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF INDIAN AVENUE, 75.00 FOOT HALF -WIDTH, AS SAID CENTERLINE IS SHOWN ON A RECORD OF SURVEY, FILED IN BOOK 33, PAGE 45 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUTNY RECORDER OF SAID COUNTY; THENCE LEAVING THE SOUTHERLY LINE OF SAID PARCEL 2, NORTH 68016'19" WEST 65.67 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 39010'40" WEST 25.00 FEET TO A POINT OF ENDING, THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE SOUTHEASTERLY IN THE SOUTHERLY LINE OF SAID PARCEL 2 AND TO JOIN AT THE ANGLE POINT. STRIP #2 (10.00 FEET WIDE) BEGINNING AT SAID POINT "A"; THENCE SOUTH 30°49'20" WEST 25.00 FEET TO A POINT OF ENDING. EXCEPTING THEREFROM 1HAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBED HEREINABOVE. It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or i i part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not linuted to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents and employees, the right of free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted, and the right to clear and to keep clear the above described real property, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the opinion of Grantee, may endanger said systems, or any part thereof, or interfere with the exercise of the rights herein granted, EXECUTED this day of NQ1Wt 201 L C17Y A �w u GRANTOR CITY OF PALM SPRINGS, a municipal corporation 1 Signature ig Title A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of On before me, satisfactory evidence to be the persons) whose names) is/are executed the same in his/her/their authorized capacity(ies) upon behalf of which the person(s) acted, executed t spume 1 a Notary Public, personally appeared who proved to me on the basis of '� cribed to the within inshument and acknowledged to me that he/she/they that by his/her/their signatures) on the instrument Lite person(s), or the entity I certify under PENALTY OF PERJUR nder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o lal seal. (Seal) 2 DSES01587058 TD859848 ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) City of Palm Springs ) ss. On June 5, 2017, before me, KATHLEEN D. HART, INTERIM CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the 14 foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 5t" day of June, 2017. Signature: KATHLEEN D. HART, MMC INTERIM CITY CLERK Title or Type of Document Grant of Easement e EXECUTED this 1 L/ day of 20Z GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Print Name Title A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califor�niia ) County of �/ Al! ) On �� / before me, a Notary Public, personally appeared ` who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing parab •apt is true and con•ect. WITNESS my hand and official seal. y Orange County > Comm. Expires Jul 15, 2021 3 DSES01587058 TD859848 STATE OF CALIFORNIA—BUSINESS. TRANSPORTATION AND HOUSING AGLNQ' ARNOID SCHWARZ.F.NEGGF.R, Govemor DEPARTMENT OF TRANSPORTATION DISTRICT 8 ENVIRONMENTAL LOCAL ASSISTANCE (MS 1162) 464 WEST 4TH STREET, 6rH FLOOR SAN BERNARDINO, CA 92401 PHONE (909) 388-1804 FAX (909) 383-6494 TTY (909) 383-6300 September 24, 2009 Mr. Marcus Fuller 3200 East Tahquitr. Canyon Way Palm Springs, CA. 92201 Dear Mr. Fuller: Flex pour power' Be energy efficient! File: 08-Riv-Local Assistance FPN: BRLO 5282 (017) STPLN 5282 (016) The California Department of Transportation (Caltrans) has prepared the NEPA environmental determination (Categorical Exclusion) for the proposed project in the City of Palm Springs in the County of Riverside consisting of widening the existing Indian Canyon Bridge from 2 to 6 lanes (86' - ultimate width) from UPRR overcrossing (bridge 56C0025) to Garnet Ave. The project will accommodate horizontal and vertical clearance requirements as dictated by CPUC and UPRR during final design. Caltrans would also like to reiterate the requirements of the NEPA Pilot Program MOU that became effective July 1, 2007. Pursuant to the MOU and Section 6005 of SAFETEA-LU codified at 23 U.S.C. 327(a)(2)(A), effective July 1, 2007 FHWA has assigned, and Caltrans has assumed, all the United States Department of Transportation (USDO"I') Secretary's responsibilities under NEPA. The assignment applies to all projects on the State Highway System (SHS) and all Local Assistance Projects off the SHS within the State of California. • Local Agency or its consultant must do formal QC of environmental documents and technical reports paralleling Caltrans standards, to be confirmed by use of "External QC Form" provided to Caltrans. http://www.dot.ca.p,ov/serr'fonn5.htm • Local Assistance documents must use Annotated Outlines for EAs and EISs o Annotated Outlines are effective and efficient tools to ensure all requirements are met and to ensure consistency of terminology and treatment of issues. Agencies may use either the combined CEQA/NEPA outlines, or the NEPA- only outline. http://www.dot.ca.gov/ser/fonns.htm o One Caltrans standard for federal environmental documents is required. o If challenged, Caltrans must defend Local Agency documents in federal court; documents that follow standardized formats and procedures are more defensible • Local Agencies must send copies of: 1) Environmental documents, 2) technical reports, 3) summary lists of environmental commitments to be incorporated into PS&E, and 4) permits to Caltrans' DLAE for files to facilitate audits and process reviews. The requirement to have environmental commitments and permits is not new (Local Assistance Procedures Manual Chapters 6, 12, 15, 17), but providing copy to DLAE is now mandated because of the need to provide rapid response to FHWA in process reviews and audits and because FHWA nationally is placing new emphasis on ensuring these commitments are carried out. If you have any questions regarding the CE, please call Julie Lugaro at (909) 383-1570. Sincerely, f Aaron �ir�ton Senior Environmental Planner Environmental Local Assistance "Caltrans improves mobility across California" 16 CATEGORICAL EXEMPTION/ CATEGORICAL EXCLUSION DETERMINATION FORM 08-RIV-Palm Springs 0-Riv BRLO 5282 (017) and STPLN 5282 (016) Dist.-Co.-Rte. (or Local Agency) P.M/P.M. E.A. (State project) Federal -Aid Project No. (Local project)/ Proj. No. PROJECT DESCRIPTION: and activities involved. Inter project cescnpnon to ruts oox. use uonrtnuarton zineer, rr necessary The proposed project in the City of Palm Springs in the County of Riverside consists of widening the existing Indian Canyon Bridge from 2 to 6 lanes (86' - ultimate width) from UPRR overcrossing (bridge 56C0025) to Garnet Ave, also construct north and south bridge approaches to improve traffic circulation and safety. The project will accommodate horizontal and vertical clearance requirements as dictated by CPUC and UPRR during final design. CEQA COMPLIANCE (for State Projects only) Based on an examination of this proposal, supporting information, and the following statements (See 14 CCR 15300 et seq.): • If this project falls within exempt class 3, 4, 5, 6 or 11, it does not impact an environmental resource of hazardous or critical concern where designated, precisely mapped and officially adopted pursuant to law. • There will not be a significant cumulative effect by this project and successive projects of the same type in the same place, over time. • There is not a reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. • This project does not damage a scenic resource within an officially designated state scenic highway. • This project is not located on a site included on any list compiled pursuant to Govt. Code § 65962.5 ("Cortese List*). • This project does not cause a substantial adverse change in the significance of a historical resource. CALTRANS CEQA DETERMINATION (Check one) ❑ Exempt by Statute. (PRC 21080[b]; 14 CCR 15260 et seq.) Based on an examination of this proposal, supporting information, and the above statements, the project is: ❑ Categorically Exempt. Class _ (PRC 21084; 14 CCR 15300 et seq.) ❑ Categorically Exempt. General Rule exemption. [This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (CCR 15061 [b][3]) N/A N/A Print Name: Environmental Branch Chief Print Name: Project Manager/DLA Engineer N/A N/A Signature Date Signature Date NEPA COMPLIANCE In accordance with 23 CFR 771 A 17, and based on an examination of this proposal and supporting information, the State has determined that this project: • does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS), and • has considered unusual circumstances pursuant to 23 CFR 771.117(b) (http:/twww,fhwa.dot.gov/hep/23cfr771.htm - sec.771.117). In non -attainment or maintenance areas for Federal air quality standards, the project is either exempt from all conformity requirements, or conformity analysis has been completed pursuant to 42 USC 7506(c) and 40 CFR 93. CALTRANS NEPA DETERMINATION (Check one) ❑ Section 6004: The State has been assigned, and hereby certifies that it has carried out, the responsibility to make this determination pursuant to Chapter 3 of Title 23, United States Code, Section 326 and a Memorandum of Understanding (MOU) dated June 7, 2007, executed between the FHWA and the State. The State has determined that the project is a Categorical Exclusion under: • 23 CFR 771.117(c): activity (cx_p_) 23 CFR 771.117(d): activity (d)(_O_) • Activity listed in the MOU between FHWA and the State ® Section 6005: Based on an examination of this proposal and supporting information. the State has determined that the project is a CE under Section 6005 of 23 U.S.C. 327. Chief Print Date Date Briefly list environmental commitments on continuation sheet. Reference additional information, as appropriate (e.g., air quality studies, documentation of conformity exemption, FHWA conformity determination if Section 6005 project; §106 commitments; §4(f); §7 results: Wetlands Finding; Floodplain Finding; additional studies; and design conditions). Revised September 15, 2008 Page I of 10 17 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 08-RIV-Palm Springs Dist.-Co.-Rte. (or Local Agency) Continued from page 1: Project Components 0-Riv P.M/P.M E.A. (State project) BRLO 5282 (017) and STPLN 5282 (016) Federal -Aid Project No. (Local projecty Proj. No. • Widen Indian Canyon Drive from 2 lanes to 6 lanes from UPRR overcrossing (bridge 56C0025) to Garnet Ave • Construct north and south bridge approaches to improve traffic circulation and safety. • The project will accommodate horizontal and vertical clearance requirements as dictated by CPUC and UPRR during final design. • PIES form signed July 9, 2002 Technical Study Results Noise Noise Analysis was approved on February 24, 2003 Water Quality • For project areas exceeding 0.4 hectare (1 acre), NPDES guidelines necessitate the development of a SWPPP by the contractor prior to construction to establish project -specific permanent and temporary BMPs. During the design phase, a Water Pollution Control Plan would be prepared to determine the minimum control requirements to be included in the SWPPP. • BMPs include any facilities and methods used to remove, reduce, or prevent storm water runoff pollutants from entering receiving waters_ Implementation of BMP goals may involve providing bioswales to reduce downstream pollutant concentrations, informing the public about runoff concerns to lessen impacts on receiving waters, and minimizing cuts and fills to curtail erosion. • Erosion control methods, temporary and permanent BMPs, and improvement of drainage facilities along the roadway would minimize impacts from storm water runoff. The SWPPP and NPDES-compliant measures would ensure no adverse impacts would occur to water quality associated with the Build Alternative (Locally Preferred). Floodplain • The Location Hydraulic Study and the Summary Floodplain Encroachment Report found that the project was assessed as a low level of risk to the floodplain and Caltrans approved of the study August 20, 2009, Natural Environment Study • Appended Biological Opinion was signed on October 11, 2007 • Biological Assessment dated August 2006 • Avoidance, Minimization, and/or Mitigation Measures: • The Programmatic Biological Opinion (USFWS 2005) and appended PBO with conservation measures (October 11, 2007) shall be followed. Invasive Species • Minimization measures for effects on invasive species would be implemented to comply with regulations under the Califomia Department of Fish and Game. • All construction equipment should be cleaned prior to movement to the construction site. • Only weed -free mulches and erosion control mixes should be included in specification. • Only appropriate native plants should be included in project landscaping. • No topsoil should be imported. • A weed eradication program should be implemented over the first year after construction. Conservation Measures (Appended PBO, October 11, 2007) Caltrans and the City proposed the following measures as part of the proposed action to avoid and minimize adverse effects for listed species: 1. Conservation measures I through 20 of the PSO shall be implemented by the Caltrans/City for the appended Project with the possible exception of PBO #4. If loose sand is to be removed from the Page 2 of 10 Wool CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Project site and deposited on the Preserve in accordance with the existing agreement between CVWD and the City, then PBO conservation measure #14 would be null. Approximately 14.2 acres (7.1 acres at a 2:1 ratio or 14.2 acres) of suitable habitats for the Coachella Valley milk -vetch and Coachella Valley fringe -toed lizards shall be preserved in an established conservation area near the action area as agreed to on Page 5 of the Appended BO for the Tiered Date Palm Drive Interchange Project (1-6-05-P-3282, EA 455900). Prior to construction, the Coachella Valley Association of Governments (CVAG), acting on behalf of Caltrans, has committed to the purchase and establishment of a conservation area, the finalization of a conservation agreement, and the establishment of an endowment fund for the management of the conservation area in perpetuity. The 26.34 acres (Table 1) of conservation habitat, required to offset the indirect impacts for this proposed Project, was previously purchased and accounted for as identified in the Appended BO for the Tiered Indian Avenue Interchange Project (1-6-05-P-3282). 3. The 14.2 acres (Table 1) of sandy habitat suitable for the fringe -toed lizard and milkvetch shall be purchased prior to the commencement of construction activities (including brush clearing and grading) associated with the Project. 4. Sand removed from the project footprint shall be deposited in accordance with an agreement between the City and CVW D_ The Service shall approve the removal of sand and the deposition area prior to pickup, transportation and deposition of sand. If the quality of loose sand to be removed from the Project site and deposited on the Preserve is not suitable (consisting of rocks, fine sediment, and gravel), then conservation measure #4 would be null and the sand would not be removed to the Preserve. 5. During construction, soils to be impacted shall be watered down to prevent fugitive dust from drifting into adjacent habitat. 6. All construction equipment shall be cleaned prior to initial movement to the construction site. 7. Caltrans/City shall ensure that the Contractor avoids entering or damaging habitat located outside of the project footprint. The Contractors operations shall be limited to the immediate project footprint and other designated work areas shown on the plans, except as authorized in writing by the authorized biologist. The Contractor shall avoid killing or injuring any wildlife within the habitat and shall avoid killing or injuring any wildlife that crosses into the work area, except as required for the immediate safety of project personnel. The Contractor shall notify the authorized biologist of any wildlife killed or injured by construction activities or the contractor's employees in the course of work. Native plants located inside the habitat, that are not shown on the plans to be removed, and that are injured or damaged by reason of the Contractor's operations, shall be replaced by the Contractor in accordance with Section 7 1.11 "Preservation of Property" of the Standard Specifications. 8. The Contractor shall retain, and have available, the services of an authorized biologist who will perform the duties of the biological monitor_ The monitor is required to provide a pre -construction survey of the project site and any associated staging areas, provide employee training, monitor the temporary silt/wildlife fence installation, perform construction monitoring, and conduct endangered species relocation. USFWS Conservation Measures (PBO September 23, 2004) 9. All areas outside of the project footprint will be delineated as Environmentally Sensitive Areas (ESAs). All parties in conjunction with this operation will strictly avoid these areas. No construction activities, materials, or equipment will be permitted in the ESAs. These areas must be placed on the design plans and included in the construction contract. ESAs will be designated by erecting protective fencing delineating the project impact boundary and sensitive habitats. This barrier fencing will be constructed in such a way as to restrict the movement of reptiles into impacted areas. Fencing material can vary; however, it should consist of a cloth -like material that can withstand high winds, sun and heat. This fence should be buried 24-inches below the surface, to prevent terrestrial species from burrowing underneath, and extend above ground at least 24-inches. Page 3 of 10 "9 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 10. An employee education program will be developed. Each employee (including temporary, contractors, and subcontractors) will receive a training/awareness program within two weeks of working on the proposed project. They will be advised of the potential impact to the listed species and the potential penalties for taking such species. At a minimum, the program will include the following topics: occurrence of the listed and sensitive species in the area, their general ecology, sensitivity of the species to human activities, legal protection afforded these species, penalties for violations of Federal and State laws, reporting requirements, and project features designed to reduce the impacts to these species and promote continued successful occupation of the project area environs. Included in this program will be color photos of the listed species, which will be shown to the employees. Following the education program, the photos will be posted in the contractor and resident engineer's office, where they will remain throughout the duration of the project. The contractor, Resident Engineer, and Service - approved biological monitor will be responsible for ensuring that employees are aware of the listed species. 11. The project proponent will designate a Service -approved qualified biologist who will be responsible for overseeing compliance with protective measures for the listed species. The biologist will have the authority to halt all associated project activities that may be in violation of this biological opinion. In such an event, the biologist will contact the Service within 24 hours. 12. Construction work areas will be delineated and marked clearly in the field prior to habitat removal, and the marked boundaries maintained and clearly visible to personnel on foot and by heavy equipment operators. Employees will strictly limit their activities and vehicles to the proposed project areas, staging areas, and routes of travel. The project proponent and/or the biological monitor will contact the Service to verify that the limits of construction have been properly staked and are readily identifiable. 13. A biologist will monitor construction to ensure that vegetation removal, Best Management Practices (BMPs), ESA fencing, and all avoidance and minimization measures are properly constructed and followed. 14. All equipment maintenance, staging, and dispensing of fuel, oil, or any other such activities, will occur in designated upland areas. The designated upland areas will be located in such a manner as to prevent any runoff from entering waters of the United States, including wetlands. 15. Typical erosion control measures, BMPs, in the vicinity of streams will be employed in accordance with the conditions in the 401 Water Quality Certification requirements of the Regional Water Quality Control Board. 16. Use of invasive exotic plant species in landscaped areas adjacent to or near sensitive vegetation communities will be restricted. In compliance with Executive Order 13112, impacted areas will be revegetated with plant species native to desert habitat types and the Coachella Valley, and will avoid the use of species listed in Lists A & B of the California Exotic Pest Plant Council's list of Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999. 17. The seed of Coachella Valley milk -vetch will be collected off of plants from within the boundaries of permanent and temporary impacts from project construction. Seed collection will occur when the seed is past soft dough and prior to being naturally dispersed. The top four inches of soil surrounding the milk -vetch plants to be impacted will be collected and placed in plastic bags. This seed and soil will be distributed at an area consisting of aeolian habitat immediately following collection. The location where seed will be dispersed will be coordinated with the Service prior to collection. 18. All construction equipment will be inspected and cleaned prior to use in the proposed project footprint to minimize the importation of non-native plant material. All mulch, topsoil and seed mixes used during post construction landscaping activities and erosion control BMPs will be free of invasive plant species propagules. A weed abatement program will be implemented should invasive plant species colonize the area within the project footprint past -construction. 19, No off -road vehicle activity from construction personnel or other persons affiliated with the project will occur outside of the project footprint. 20. To reduce attraction of ravens and crows, which may eat fringe -toed lizards, all trash will be placed in raven -proof containers and promptly removed from the site. Page 4 of 10 20 Air CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 21. No pets or firearms will be permitted inside the project's construction boundaries or other associated work areas. 22. All sand removal and storage activities will be restricted to the project footprint. No maintenance activities will be authorized that extend beyond the boundaries of the project footprint. 23, To the extent possible, no sand removal activities will take place from 1 November — 30 March (to avoid winter dormancy periods for the lizards) or if ambient air temperature exceeds 102 degrees Fahrenheit (the temperature at which lizard activity tends to be reduced). 24. Vehicle speeds on unpaved access roads will be restricted to a maximum of 25 MPH. 25. All culverts, bridges, and associated water passage structures will be maintained such that water and sediment may pass between upstream and downstream locations and so as not to block the passage of wildlife. 26. Impacts resulting from this project will be offset by implementing the agreements established in the Conservation Bank Plan Addressing the Direct, Indirect, and Cumulative Effects of Interstate 10 Coachella Valley Interchange Projects (Plan). The Plan assesses potential effects and offsetting measures for the proposed projects. The Plan establishes mitigation ratios at 2:1 for direct impacts of the interchange and associated arterial improvements covered under this Opinion and 1:1 for indirect impacts. Required offsetting measures will be provided through the acquisition of land and thefinal conservation bank agreement. Caltrans and/or Coachella Valley Association of Governments (CVAG) will set up an endowment fund for the purpose of managing the proposed conservation bank in perpetuity. 27. Prior to beginning construction, CVAG, Caltrans, and FHWA will purchase and establish a conservation bank (Bank), as per the Plan; finalize a conservation bank agreement with the Service and CDFG, and set up the endowment fund for managing the property in perpetuity. Sufficient land will be purchased for the bank prior to start of construction for any given project. CVAG, Caltrans, and FHWA will coordinate with the Service and CDFG to locate and acquire Bank lands. All Bank lands will be approved by the Service and CDFG prior to purchase to ensure that these conservation lands benefit the fringetoed lizard and milk -vetch. In addition, CVAG or its designee will be the manager of all Bank lands. 28. Geotechnical borings in areas with aeolian sand deposits will include the following measures: a_ No cross country -travel and geotechnical borings will take place from 1 November - 30 March (to avoid winter dormancy periods for the lizards) or if ambient air temperature exceeds 102 degrees Fahrenheit (the temperature at which lizard activity tends to be reduced). b. When traveling cross-country, a route will be established and followed that avoids, to the maximum extent practicable, all sand hummocks and dunes. c. The surface area will be returned to the pre -disturbance state. If sand dunes or hummocks were impacted, then the surface sand will be placed in a separate pile and replaced as a dune or hummock. 29. Archaeological surveys in areas with aeolian sand deposits will include the following measures: a. The outer perimeter of all survey areas will be delineated and the area within this perimeter will be calculated and deducted from the Conservation Bank. b. All work including staging, depositing excavated materials, storing equipment, etc, will be conducted within the perimeter of the survey area. • Air Quality Analysis was approved on January 16, 2003. • On July 13, 2009, FHWA found that the Conformity Determination for the Indian Canyon Drive and Bridge Widening Project conforms to the State Implementation Plan (SIP) in accordance with 40 C.F.R. Part 93. • Avoidance, Minimization, and/or Mitigation Measures: • Upon development of the project construction details and schedule, the City shall reestimate NOX emissions; and Pagc 5 of 10 21 r\ CATEGORICAL (EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet • If emissions are forecast to exceed the SCAQMD NOX threshold, the contractor shall use aqueous diesel fuel or one or more pieces of construction equipment with exhaust gas recirculation -type engines as necessary to reduce forecast emissions to less than the threshold limit. • A Fugitive Dust (PM10) Mitigation Plan shall be prepared in compliance with Ordinance 1439 of the City of Palm Springs Municipal Code and shall be included as part of the construction contract specifications prior to the issuance of a grading permit. The Fugitive Dust Mitigation Plan shall specify steps that will be taken to comply with the City's Fugitive Dust and Erosion Control Ordinance, which restricts fugitive dust emissions. Measures outlined in the plan shall include but not be limited to daily watering of graded areas, washing of equipment tires before leaving the construction site, and use of SCAQMD-approved chemical stabilizers or soil binders. • The proposed project shall incorporate into the project specifications the applicable provisions of the Final Coachella Valley PM10 SIP and SCAQMD Rule 403 and 403.1, as shown in the air quality technical report. • The contractor shall discontinue construction activities during first- and second -stage smog alerts. • When feasible, the contractor shall utilize existing power sources (i.e., temporary power poles) to minimize the use of diesel generators. • The proposed project shall incorporate into the project specifications the applicable provisions of the Final Coachella Valley PM10 SIP and SCAQMD Rule 403 and 403.1, as shown in the air quality technical report. Hazardous Waste — ISA • ISA approved on February 24, 2003 • ISA re -approved September 2009 • ADL approved on February 24, 2003 • All hazardous waste testing should be done during WBS 165, prior to completion of PAED so that any special handling, treatment, or disposal provisions associated with hazardous wastes may be included in construction documents. Traffic Traffic study was approved on June 5, 2007. Avoidance, Minimization, and/or Mitigation Measures: • Impacts to traffic flow as a result of construction activities could be reduced by developing and implementing a traffic management plan and a construction -phasing plan. Cultural Resources • State Historic Preservation Officer (SHPO) concurred with Caltrans' determination that there are no historic properties within the APE on June 11, 2004. Climate Change • Avoidance, Minimization, and/or Mitigation Measures: • The project would incorporate the use of energy efficient lighting, such as LED traffic signals. LED bulbs — or balls, in the stoplight vernacular — cost $60 to $70 apiece but last five to six years, compared to the one-year average lifespan of the incandescent bulbs previously used. The LED balls themselves consume 10 percent of the electricity of traditional lights, which will also help reduce the projects CO2 emissions. Portland cement will be used where possible and if feasible, fly ash will be added to Portland cement mixes. The use of lighter color surfaces such as Portland cement helps to reduce the albedo effect and cool the surface, Adding fly ash reduces the GHG emissions associated with cement production and it also can make the pavement stronger. Pagc h of 10 22 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORMA Continuation Sheet Indian Canyon Drive Street and Bridge Widening Mitigation Monitoring Program Checklist Timin of Verification Mitigation Responsible During Measure Avoidance, Minimization, and/or Method of Pre -can- Con- Post -con- Party Completed No. Mitigation Measure Verification struction struction struction Initials Date Comments AIR'QUALITY 1 The following measures would Place as X X X City of Palms Develop air quality mitigate air quality -related impacts: notes on the Springs, measures prior to project plans Construction construction and Grading activities for the bridge Contractor implement during construction and the road widening construction. shall occur sequentially, not Monitor during simultaneously. construction. Minimize land disturbance during construction. Use watering trucks to minimize dust; watering should be sufficient to confine dust plumes to the project work areas. Suspend grading and earth moving when wind gusts exceed 25 miles per hour unless the soil is wet enough to prevent dust plumes. Cover trucks when hauling dirt. Stabilize the surface of dirt piles if not removed immediately. Limit vehicular paths on unpaved surfaces and stabilize any temporary roads. Minimize unnecessary vehicular and machinery activities. Sweep paved streets at least once per day where there is evidence of dirt that has been carried onto the roadway. Revegetate disturbed land, including vehicular paths created during construction, to avoid future off -road vehicular activities. Remove unused material. Discontinue construction activities during first- and second -stage smog alerts. Incorporate into the project specifications the applicable provisions of the Final Coachella Valley PM,o SIP and South Coast Air Quality Management District Rule 403 and 403.1, as shown in the air quality technical report. A Fugitive Dust (PM,o) Mitigation Plan shall be prepared in compliance with Ordinance 1439 of the City of Palm Springs Municipal Code and shall be included as part Page 7 of 10 23 IN CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Timing of Verification Mitigation During Responsible Measure Avoidance, Minimization, and/or Method of Pre -con- Con- Post -con- Party Completed No. Mitigation Measure Verification struction struction struction Initials Date Comments of the construction contract specifications prior to the issuance of a grading permit. 2 The following measure would Place as X X X National Inform minimize exposure to diesel notes on the City, construction particulate emissions: project plans Construction contractor prior to Contractor grading and monitor during When feasible, replace at least one construction. piece of diesel -operated equipment with a gas -operated piece equipment. When feasible, utilize existing power sources (i.e., temporary power poles) to minimize the use of diesel generators. Locate construction equipment and truck staging and maintenance areas as far as feasible and nominally downwind of schools, active recreation areas, and other areas of high population density. HYDROLOGY, WATER QUALITY, AND STORM WATER RUNOFF 3 The following measures shall be Completed X X City Prepare plan prior implemented to minimize storm plan Engineer, to construction. water and hydrology -related City of Palms Implement during impacts: Springs, construction. Construction A Storm Water Pollution Contractor Prevention Plan (SWPPP) shall be prepared to address erosion control and sedimentation issues related to the grading aspect of the project. The SWPPP shall specify and describe the implementation process of all best management practices that will address equipment operation and materials management, prevention of erosion, and prevention of sedimentation. The City Engineer of the City of Palms Springs shall ensure that the SWPPP is properly implemented. WILDLIFE The following measure shall be Approval by X X City of Palms Prepare plan prior 4 implemented to reduce wildlife the resource Springs, to construction. impacts: agencies Construction Implement during Contractor construction. Implementation of the required mitigation measures outlined in the Conservation Plan Addressing the Direct, Indirect, and Cumulative Effects of Interstate 10 Coachella Valley Interchange Projects (Caltrans 2003) regarding impacts to wildlife habitat. These measures include the purchase and conservation of comparable habitat in an established Conservation Bank under the auspices of the Draft Coachella Valley Multi -Species Habitat Page 8 of 10 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Timin of Verification Mitigation Responsible During Measure Avoidance, Minimization, and/or Method of Pre -con- Con- Post -con- Party Completed No. Mitigation Measure Verification struction struction struction Initials Date Comments Conservation Plan CVMSHCP . THREATENED AND ENDANGERED SPECIES 5 The following measures shall be Approval by X X City of Palms Prepare plan prior implemented to reduce threatened the resource Springs, to construction. and endangered species impacts: agencies Construction Implement during Contractor construction. Implementation of the required mitigation measures outlined in the Conservation Plan (Caltrans 2003) regarding threatened and endangered species. Required mitigation shall be met through the replacement of desert sand fields habitat, on a 2:1 basis in the case of direct impacts, and a 1:1 basis in the case of indirect impacts, in an established Conservation Bank under the auspices of the CVMSHCP. All areas outside of the project footprint will be delineated as Environmentally Sensitive Areas with protective fencing. An education program will be developed to advise construction staff of potential impacts to listed species. Biological monitoring will be provided to oversee compliance with protective measures for listed species. Seed of the Coachella Valley milk -vetch will be collected from plants that are within the Area of Effect prior to construction. All equipment will be inspected and cleaned prior to use in the project area to minimize exotic species introductions. To the extent feasible, no sand removal activities will take place from November 1 — March 30 to avoid winter dormancy periods for lizards or if ambient air temperatures exceed 102 degrees Fahrenheit (the temperature at which lizard activity tends to be reduced. CLIMATE CHANGE To the extent that equipment and Place as X X City of Palms Before and during 6 technology is available and cost notes on the Springs, construction — effective, the applicant shall project plans Construction Note shall be encourage contractors to use Contractor written on all alternate fuels, catalyst and construction filtration technologies, and retrofit documents for existing engines in construction implementation equipment. during Page 9 of 10 '� 5 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Mitigation Timin of Verification Responsible During Measure Avoidance, Minimization, and/or Method of Pre -con- Con- Post -con- Party Completed No. Mitigation Measure Verification struction struction struction Initials Date Comments Minimize idling time to 5 minutes construction. when construction equipment is not in use, unless per engine manufacturer's specifications or for safety reasons more time is required. To the extent practicable, manage operation of heavy-duty equipment to reduce emissions such as maintain heavy-duty earthmoving, stationary and mobile equipment in optimum running conditions which can result in 5% fewer emissions. Properly maintain equipment according to manufacturers' specifications. Use electric equipment when feasible. The project would incorporate the use of energy efficient lighting, such as LED traffic signals. LED bulbs — or balls, in the stoplight vernacular — cost $60 to $70 apiece but last five to six years, compared to the one-year average lifespan of the incandescent bulbs previously used. The LED balls themselves consume 10 percent of the electricity of traditional lights, which will also help reduce the projects CO2 emissions. Portland cement will be used where possible and if feasible, fly ash will be added to Portland cement mixes. The use of lighter color surfaces such as Portland cement helps to reduce the aibedo effect and cool the surface. Adding fly ash reduces the GHG emissions associated with cement production and it also can make the pavement stronger. Page 10 of 10 L C'•