HomeMy WebLinkAbout2/17/2016 - STAFF REPORTS - 2.S. ;OQ F A LM SA9
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Cg41FO NVI City Council Staff Report
DATE: February 17, 2016 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 4 TO THE CONTRACT SERVICES
AGREEMENT WITH DOKKEN ENGINEERING IN THE AMOUNT OF
$35,000 FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES
FOR THE BOGERT TRAIL BRIDGE REHABILITATION PROJECT, CITY
PROJECT NO. 07-03, FEDERAL AID PROJECT NO. BHLS 5282 (026);
(A5580)
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY:
Approval of Amendment No. 4 to the professional services agreement with Dokken
Engineering is recommended to include additional construction engineering, mitigation,
and environmental support required to close-out the Bogert Trail Bridge Rehabilitation
Project, City Project No. 07-03, Federal Aid Project No. BHLS 5282 (026)-.
RECOMMENDATION:
1. Approve Amendment No. 4 to Agreement No. 5580 with Dokken Engineering, in the
amount of $35,000, for a total contract amount of $873,985 for the Bogert Trail
Bridge Rehabilitation Project, City Project No. 07-03, Federal Aid Project No. BHLS
5282 (026); and
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
In 2005 the Public Works and .Engineering Department applied to the California
Department of Transportation ("Caltrans") for federal Highway Bridge Program (HBP)
funding to widen and retrofit the existing Bogert Trail bridge over the Palm Canyon
Wash. Caltrans approved the City's federal HBP grant request, and awarded the City
federal funding for this project. With an estimated total cost of $4.9 Million, the HBP will
provide the project with 88.53% funding — or over $4.3 Million. All federal highway
funds, including HBP funds, are ultimately administered by Caltrans after they are
allocated to local agencies.
ITEM NO.
City Council Staff Report
February 17, 2016 -- Page 2
Approve Amendment No. 4 with Dokken Engineering (CP 07-03)
On November 14, 2007, the City Council approved an agreement with Dokken
Engineering, in the amount of $610,545 for environmental and civil design services for
the Bogert Trail Bridge Rehabilitation Project (City Project 07-03), Federal Aid Project
No. BHLS 5282 (026), (the "Project"). Later, on May 25, 2010, staff administratively
approved Amendment No. 1 in the amount of $8,440 to the agreement with Dokken
Engineering for bridge aesthetic design services. On February 4, 2015 with the Award
of the Construction Contract, Council approved Amendment No. 2 for Dokken to provide
construction engineering and environmental support services that were not included in
the scope of Transtech Engineers' contract, the Construction Management firm selected
for the project.
The City's consultant, Dokken Engineering, previously completed the environmental
studies, construction plans, specifications, and estimates. The Project comprises of the
rehabilitation and minor widening of the existing Bogert Trail Bridge over the Palm
Canyon Wash (Bridge No. 56C-0311), including minor roadway approach
improvements, and all appurtenant work. The Project will retrofit and repair the existing
bridge, and widen the bridge deck width to match the existing roadway width on both
sides of the bridge, including the addition of new sidewalks and accommodating for
future bike lanes.
On September 16, 2014, the Public Works and Engineering Department received
authorization from Caltrans to proceed with construction of the Project, and on
November 5, 2014, the City Council approved the plans, specifications, and estimates
and authorized staff to proceed with bidding. On February 4, 2015, the City Council
awarded a construction contract to Powell Constructors. Subsequently, in March 2015
construction of the Project commenced.
ANALYSIS:
Additional Construction Engineering and Environmental Support
Staff recommends approval of Amendment No. 4 to the agreement with Dokken
Engineering to incorporate additional environmental and construction engineering
support services, in the amount not to exceed $35,000 to accommodate budget
required for mitigation fee payments to Smoke Tree Stables. During the environmental
review and design of the Project, continued access for equestrian riders from Smoke
Tree Stables was considered. The phasing of construction was planned to allow for
equestrian riders to access the top of the levee upstream and downstream of the bridge,
allowing horses to bypass construction within the Palm Canyon Wash and under the
bridge while it was in active construction.
However, after the start of construction, by letter dated May 13, 2015, Smoke Tree
Stables advised the City that their horses were being disturbed by the noise of
construction, and bypassing the project site up and around the top of the levee as
02
City Council Staff Report
February 17, 2016 -- Page 3
Approve Amendment No. 4 with Dokken Engineering (CP 07-03)
originally planned was not possible. Alternatively, Smoke Tree Stables indicated a need
to implement a revised equestrian route in another location, imposing additional costs
on their operations. Smoke Tree Stables requested a mitigation payment of $200 per
day to offset their additional costs; a copy of the Smoke Tree Stables letter is provided
as Attachment 1.
The environmental review of the Project required that the construction address sensitive
receptors to construction noise, including equestrian riders. Although construction of the
Project anticipated a solution by routing equestrian riders up and around the Project
site, construction noise was too disruptive to horses and the anticipated solution was
not acceptable. Therefore, to ensure compliance with environmental mitigation
measures for the Project, and to allow construction of the Project to proceed
uninterrupted, staff accommodated Smoke Tree Stable's request and agreed to
payment of mitigation fees through Dokken Engineering as a direct payment to Smoke
Tree Stables recovered as a reimbursable expense by the City pursuant to the
agreement with Dokken Engineering.
Additional budget is necessary to reimburse Dokken Engineering for mitigation fee
payments made to date, and for on-going mitigation fee payments to Smoke Tree
Stables as construction of the Project continues through March. Additional engineering
support budget for services provided by Dokken Engineering is also necessary as a
result of a contractor claim dispute resolution that required formal meetings with a
Dispute Resolution Board.
A copy of Amendment No. 4 with Dokken Engineering is included as Attachment 2.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
include the restoration or rehabilitation of deteriorated or damaged structures to current
standards of public health and safety. Therefore, the Project is considered categorically
exempt from CEQA. On the basis that the Project qualifies for a categorical exemption
under CEQA, staff prepared and filed a CEQA Notice of Exemption on December 1,
2009; a copy of the CEQA Notice of Exemption is included as Attachment 3.
On October 1, 2009, Caltrans, acting as the lead agency pursuant to the National
Environmental Policy Act ("NEPA"), made an environmental determination that the
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
03
City Council Staff Report
February 17, 2016 -- Page 4
Approve Amendment No. 4 with Dokken Engineering (CP 07-03)
Environmental Assessment ("EX) or Environmental Impact Statement ("EIS"), and has
considered unusual circumstances pursuant to Section 6004 of 23 CFR 771.117(b). On
the basis of this determination under federal delegation 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 Federal Highway Administration ("FHWA")
and the state of California, Caltrans has determined that the Project qualifies for a
Categorical Exclusion in accordance with 23 CFR 771 .117(d) pursuant to activity (d)(3).
On June 28, 2011, an environmental Re-Validation was issued to include additional
mitigation measures for the Casey's June beetle. On March 14, 2013, an administrative
environmental Re-Validation was approved by Caltrans. Copies of the NEPA
Categorical Exclusion and environmental Re-Validation forms are included as
Attachment 4.
FISCAL IMPACT:
The City has received a federal HBP grant of $4,447,693 for the Project, with $655,786
allocated to the design phase, $119,516 allocated to the right of way phase for the
conservation easement, and $3,672,391 for the construction phase. Previously, the
City budgeted $446,614 from Fund 134 (Measure A Improvements) for the Project. The
Project's overall budget, and incurred expenditures, are identified in Table 1:
Table of Project Costs Amount
HBP Federal Aid Grant $4,447,693
Measure A Fund (Prior Year Allocation) $446,614
Design Services $618,985)
Project Administration (through 1/15/16 ($44,200
Project Administration Estimated ($30,000)
Right of Way $151,780)
Construction Engineering & Administration ($739,102
Construction Contract $2,487,990)
Construction Contingency $248,799)
Remaining Balance $573,451
Table 1
All costs associated with the Project are funded through the federal HBP grant and
Local Measure A funds; no funding from the Measure J or General Fund has been or
will be required.
Funds to encumber for approval of Amendment No. 4 contract services agreement with
Dokken Engineering in the amount of $35,000 are available from the following accounts:
• 261-4491-50244; $30,985.50 (88.53%)
• 134-4498-50244; $4,014.50 (11.47%)
04
City Council Staff Report
February 17, 2016-- Page 5
Approve Amendment No. 4 with Dokken Engineering (CP 07-03)
SUBMITTED:
Marcus L. Fuller, PA, P.E., P.L.S. David H. Ready, Esq
Assistant City Manager/City Engineer City Manager
Attachments:
1. Smoke Tree Stables letter
2. Amendment No. 4 to Agreement 5580
3. CEQA Notice of Exemption
4. NEPA Categorical Exclusion
05
Attachment 1
06
gFiAae, 1927 phfto",w
May 13, 2015
via email: mike.schnepf(a,transtech.org
Mike Schnepf, Construction Manager/Senior Inspector
Trans Tech
Re: Bogert Bridge Project
Dear Mike:
This is to follow up with you regarding the continuing damage to our business that has
been caused by the Bogert Bridge construction project. Thank you for taking the time to discuss
our concerns.
Just by way of background, Smoke Tree Stables has been using the equestrian trail into
the Indian Canyons for well over 50 years, going first across what was then a road, and then
under the Bridge after the Bridge was constructed. I am not sure if we have a recorded easement
(I haven't done the title research), but we would at least have a prescriptive or implied easement.
The City and Flood Control have always cooperated with us. They took the equestrian
trail into account when planning the Bridge, and made sure there were equestrian ramps in place
both from the Stables and after the construction of the Bridge near the Bridge itself. Flood
Control added an equestrian ramp on the northwest corner of the Bridge. Also, when the drop
structure was built several years ago, the County accommodated us by agreeing to delay the
work several months until the summer, when the Stables would be closed.
For this construction, however, after our initial meeting, we were we not approached,
consulted, or even given advance notice of a start date. We were totally unprepared for what has
happened.
When we contacted the city about this, we were told that the USPS had not delivered over 500
letters notifying us and neighbors of the start of work or a meeting. As we have a very different
interest from our neighbors, a private meeting should have been scheduled so that all parties
were informed, consulted and prepared.
As a result, the construction started right during our high season and has wreaked havoc
on our business. The day construction began (without, again, any notice being given to us) we
had 4 horses spook. We have now had to completely change the way we run our daily business,
trailering horses in to the Indian Canyons so as to avoid the bridge completely. We have had to
07
Mike Schnepf
Trans Tech
May 13, 2015
hire qualified drivers, and hire additional labor beyond that, to try to work around all of this,
among other additional costs, expenses and inconveniences. This is because it is unsafe for the
riders, horses, our employees and the various contractors working on the Bridge for us to pass.
Trying to pass through such a massive construction project poses a huge liability to the Stables,
the City, Trans Tech and the other contractors working on the site as well. It is not just the sound
and heavy equipment, or activity which is enough. But also, if someone were to fall off, or get
thrown by a spooked horse, and fall on or near any of that dangerous construction debris (e.g.,
rebar spiking out of the ground), that alone would be Catastrophic. So, even when you don't
have activity out there(e.g., on weekends), we still can't use the trail.
We have proposed a reimbursement to Smoke Tree Stables of$200/day to offset a small
portion of our costs and losses incurred as a result of all of this. This would apply initially from
April 271h through June 251h which is the day we close for the summer. That totals $800 for
April, $6200 for May, and $5000 for June. Then we re-open on or around September 4th, so if
the construction is still underway at that point, the daily reimbursement would be re-started until
the project is completed and cleaned up.
We would obviously prefer not to raise the stakes and get our attorneys involved, so I'm
hopeful we can all work together quickly to resolve this informally. The $200 daily
reimbursement does not cover all of our expenses and losses, but we figure if everybody
compromises here, including us, we can work something out.
If the above proposal is acceptable, please get back to me in writing and let me know how
this will be handled.
Sincerely,
Stacey Johnson
Smoke Tree Stables
cc: Selim Bouhamidi, Associate Planner [selim.bouhamidi d�transtech.org]
David Ready, City of Palm SpringsCityManager@palmspringsca.gov
Marcus Fuller, City of Palm Springs www.ci.palm-springs.ca.us
Marcus Fuller, City of Palm Springs www.ei.palm-springs.ca.us
08
Attachment 2
09
AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 5580
WITH DOKKEN ENGINEERING
BOGERT TRAIL BRIDGE REHABILITATION, CP#07-03
The following articles of Agreement No. 5580 are hereby amended to read as follows:
SECTION 2.1 Maximum contract amount is amended to Eight Hundred Seventy Three
Thousand Nine Hundred Eighty-Five Dollars ($873,985.00).
SCHEDULE OF COMPENSATION (Exhibit "C") — Exhibit "C" is amended as follows:
Increase Task 4.2 "Engineering Services" by $35,000 to $190,000.
See the attached revised Exhibit "C'.
Purchase Order Number(s): 0000784
Agreement Number: 5580
Original City Council Approval: November 14, 2007
Original Contract Amount: $ 610,545
Amount of Previous Increase(s) $ 228,440
Amount of This Increase $ 35,000
Amended Total: $ 873,985
Account Number(s): 134-4498-50244 $4,014.50
261-4491-50244 $30,985.50
SIGNATURES ON LAST PAGE
Ia
Except as specifically amended by this Amendment No. 4, all terms and provisions of
Agreement No. 5580 remain in full force and effect.
ATTEST: CITY OF PALM SPRINGS,
a California charter city
By:
City Clerk By:
City Manager
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR: DOKKEN ENGINEERING
Check one:_Individual_Partnership X Corporation
Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice
President.The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief
Financial Officer).
By: By:
Notarized Signature of Chairman of Board, Notarized Signature Secretary,Asst Secretary,
President or any Vice President Treasurer, Asst treasurer or Chief Financial Officer
Name: Name:
Title: Title:
11
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to
Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per
task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon
completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum
task item fee until completion of such task item as determined by the Contract Officer. Each request for
payment shall contain Contractor's statement of the work or tasks completed or portion performed, with
supporting documentation. The determination of payment due shall be made based upon the
reasonable judgment of the Contract Officer.
Task Total
Lump Sum
PHASE 1 - PRELIMINARY ENGINEERING AND STUDIES
Task 1.0, Project Management
Task 1.1, Project Meetings $19,845.00
Task 1.2, Proiect Reports $2 160.00
Task 2.0, Planning and Project Development
Task 2.1, Research and Data Gathering $3,440.00
Task 2.2, Surveys $19,360.00
Task 2.3, Hydraulic & Scour Report $13 220.00
Task 3.0, Preliminary and Concept Plans
Task 3.1, Geometric Approval Drawings $5,020.00
Task 3.2, Right-of-Way Investigations $2,540.00
Task 3.3, Structure Type Selection $6,200.00
Task 4.0, Environmental Approval
Task 4.1, Preliminary Environmental Study (PES) Form $8,030.00
Task 4.2(a), Biological Resources $33,600.00
Task 4.2(b), Cultural Resources $25,600.00
Task 4.2(c), Air Quality Report $7,060.00
Task 4.2(d), Noise Analysis $7,900.00
Task 4.2(e), Initial Site Assessment (ISA) $11,920.00
Task 4.2(f), Water Quality Assessment $7,820.00
Task 4.2(g), Location Hydraulic Study $7,820.00
Task 4.2(h), Biological Assessment (optional) $13,030.00
Task 4.2(i), Section 7 Consultation (optional) $8,550.00
Task 4.20), Focused Survey- Casey's June Beetle (optional) $8,580.00
Task 4.3, Environmental Document
Task 4.3(a), Draft Environmental Document $22,920.00
Task 4.3(b), Respond to Comments/Obtain Approval $26,850.00
Task 4.3(c), Mitigation Monitoring Plan $3,760.00
Task 4.3(d), Final Administrative Record $1 870 00
Phase 1 Subtotal $267,095.00
EXHIBIT "C"
(Continued Next Page)
12
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Task Total
Lump Sum
PHASE 2 - CIVIL ENGINEERING DESIGN
Task 1.0, Final Design Reports and Studies
Task 1.1, Geotechnical Design Report $50,000.00
Task 2.0, Plans, Specifications & Estimate (PS&E)
Task 2.1, Utility Coordination $4,000.00
Task 2.2, RCFC Coordination $7,010.00
Task 2.3, 35% Details $72,060.00
Task 2.4, 60% Details $78,770.00
Task 2.5, 95% PS&E $83,190.00
Task 2.6, 100% PS&E $13,480.00
Task 2.7. Bridge Aesthetic Design $16,000.00
Task 3.0, Environmental Permitting
Task 3.1a, Section 401 Water Quality Certification $14,600.00
Task 3 1h SeGt6en I=! Stre ,..bed AlteFatien A Feem nt @10 Can nn
Task 3.1c. Section 404 Permit $12,780.00
Task 4.1, Bidding Support Services $3,500.00
Task 4.2, Engineering Services $190,000.00
Task 4.3, Architectural Services $27,500.00
Task 4.4, Environmental Services $20,000.00
Task 4.5, Pre-Construction Clearing and Grubbing $14,000.00
Phase 2 Subtotal $571,890.00
Grand Total of Contract $873,985.00
END OF EXHIBIT "C"
13
Attachment 3
14
RECEIVED
Notice of Exemption JAN 19 2010 Form 0
To: Office of Planning and Research From: (Public Agency) City of Palm Springs
P.O. Box 3044.Room 212 3200 E.Tahquitz Canyon Way
Sacramento,CA 95812-3044 Palm Springs, CA 92262
County Clerk ' A
County or Riverside
2724 Gateway Drive
Riverside, CA 92507
ProjecLTide: Bogert Trail Bridge Rehabilitation Project
Project Location-specific:
Bridge over the South Palm Canyon Wash on Bogert Trail approximately 3/4 of a mile east of the Intersection with
South Palm Canyon Drive in the City of Palm Springs, Riverside County.
Project location—City: Palm Springs — Project Location—County: -Riverside
Description of Nature,Purpose and Beneficiaries of Project:
The existing Bogoi Bridge(56l is a four span precast-pre-stressed concrete(girder bridge approximately 322'long and 33'orde with reinforced concrete pier
walls supported on concrete piles. The existing bridge is classified m functionally obsolete due to the narrow width,and has a sufficiency rating of 62.8, To provide ful
standard traffic lanes and shoulders which will match the current roadway width to both the east and the west,the bridge will be widened on both sides to a new total width
of 52'. Other repairs to the bridge will include the replacement of the abutment seals,replacement of the beating pads to accommodate the movement rating,and various
crack and spall repairs. In addition,It 411 be verified that both the existing and new footings are located sufficiently deep If needed,appropriate sour countermeasures
will he designed and added to the project to avoid any negative impacts due to sour. It is not anticipated that permanent right of way will be required.
Name of Public Agency Approving Project: City of Palm Springs
Name or Person or Agency Carrying Out Project: Public Works Department
Exempt Status: (check one)
❑ Ministerial(Sec.21080(b)(1); 15268);
F-1 Declared II'mergency(Sec. 21080(b)(3); 15269(a));
❑ Emergency Project l 21080(b)(4); 15269(bXc));
Categorical Exemption.State type and section number: Section 15301 (Class 1)
❑ Statutory Exemptions.State code number:
Reasons why project is exempt:
Section 15301 (Class 1)includes the repair,maintenance,or minor alteration of existing structures involving negligible or no
expansion of use beyon that existing at the time of the lead agency's determination. The proposed project would widen the existing
Bogert Trail bridge in order to improve safety,but the project would not change the use of the existing bridge(no additional travel
lanes,no major improvements,etc.)
fend Agency
Contact Person; Marcus Fuller Area Codefrelophorie/Lxtension: (760) 323-8253
If filed by applicant:
L Attach certified document of exemption finding.
2.Has a Notice ol"Exemption been by the public agency, approving the project? I] Yes DNo
Signature Date: Title, Mrician!Director of Putic Waft,net.CH,,engineer
JiS Signed by Lead Agency Date received for filing at OPR:
13 Signed by Applicant Rcvised 2005
ell
Attachment 4
�s
CATEGORICAL EXEMPTIOPY CATEGORICAL EXCLUSION DETERMINATION FORM
06•Riv.palta stge 9HL0 5292(020)
'&i-Co.-Me.(of Local Agancyi P.WP.M E A (State protect) Fedeiur-Aid Project No.(Local pmlectY Prot.No.
PROJECT DESCRIPTION:
f8rially desmixt proliect.pur cirri_beaten.limits,n ItloFwe re,�urrements�sad esarvilic urwlvat)
ErWNr r><9�al dearrhptiarf Ai NPs box.. Lkw L�dlfiflusfimr Sheet,, r7 newssay l
The Bast aoged hat Bridge fib[-o311fisa roue spur PrpcapFDra-Neeled corimte ayrder hype The rxadnp bridge h cussaad ac fwrWonal y
obselaw and his a s escyrex rabnq W 32 Ta Prvride iul standard traflc lams and sthokldws.nAch.stitd melon Mp Curers roeduay widyl b
both the east and fie west.the bridge MI be Moored on bosh 31tla'.W a new total Mlh or 52' The exnlmg road•'aY approaches raper tmm Me NI
roadway WAdlh W the axKllrg bodge vAMh fw OplanCgt d s(Varimehely 250 b she hresl and 1`A b ee cast. Apeno2 h roadway wmtk rill I W kxhi
bdngphq yip iappa kb b Iha lW1 road hndM end mrrbming W Ibr xnPropetl hnrlge Omer repair.W Iha brWgR indrrea o+e roistarnnMl.N adw+n.R
reels,r rig rmem of oesnq Pads +lod ft crack.and deep
re mwi and all of ivay Wd of b mgitnsves. (n cocoon d wa he vc Gad M.a tsom
Vie adsarg arc r19w ftotr'oa ere rOrAled etdreteriey dre6 Pemrrsrent IIgM of way woJtl rice he reaarad
CEOA COMPLIANCE (rat state Prgdcfs my)
Based on err exvirm"ion of this proposal,supporting Information,and the following staterneds fSee 14 CCR 15300 et said y
• if this project fats WANn exempt class 3,4,S.6 or 11.It does not roped an environmental reswrca of hazardous or crifica
concern where designated,precisely mapped and olfisiapy adopted pursuant to law.
• There wile not be a srgrificant clanuldeve ettad by this project and successive projegs or the same type in gee same place.over
time.
• There Is not a reasonable possibility Mal the prrryed vA haw a sigrpkcant @rhea on the ammonment due to arnueual
ci=fnslamces
• This prlryecl does not demage a scenic resource w{Mot an officially designated state scenic fagirrygy
• This project Is not located an a site Inckided on any No compiled prmsaraM W Gout.Code§65962 S(,Cortese Last')
• This protect does not cause a substsnfiat adverse change in the significance of a historical resource.
CALTRANS CEQA DETERMINATION (check ana)
❑ Exempt by Statue.(PRC 2106*]: 14 CCR 15260 et seq.p
133SW On an examination of cis proposes supporting irriPrmation,and the abate stalements.the proyect is.
❑ Cataporrcally Exempt.Class __. (PRC 21064:14 CCR 15300 el seq.)
❑ Categoncaty Exempt 0amsrol Rule exemption.Fit&project does not fax within an exempt class.out n can be seen varo
certainly that there is no possibility that the activity may hale a signifrcarit a fop on the environment jCCA 150611b1131)
N/A NIA
�_ _
Pymt Home.EfhWirotxrlerkal Brtlrridl Chief PrkN Narne Project ManageOOLA.Erigllheer
NIA NIA
Signature 0216 _S,....aluee. pate
IN EPA COMPLIANCE
In accordance wM 23 CFR 771.117,and based on an a amumlion of this proposal and supporting ofonnapan,the State has
determined that the project:
r does no[ndisidualy or cu mlafivdy have a sirptifrant impacl on"en iromhent a6 detlned by NEPA and Is excluded from the
rowirements b3 prepare an EnvkorNnwtM A$sesamant(EA)or EfMronmental Impact SraEeehaart{EIS),and
• has cor*Oered trml5ual dry m Mn0®s oLKsimnt to 23 CFR 771.117(b)
(Wg,j{>Yyftt:tt@a tnavmernadlr771.him- 771 tie).
In ndna[larrgngnt or mi ntenanee areas for Federal at tqualiiy standards.the projeca m eifhe vxampt from as ooribm ty
reou temenle.or mrdormity anatysim has bears,cwmpteted plxsuient to 42 USC 7505(ch and 40 GE.g_V�
CALTRANS NEPA DETERMINATION {Check on@)
® Seetiom il)M: The Stale has been assigned,and hereby certifies diet It has earned",We resporhei6aty be make Me,
deterrninalion puswam to Chapter 3 of Togo 23.Unted Stales Code,Sector 326 and a Memorandum of Understanding(MOU)
dated June Y.2001,executed between Me FHWA and the State. The State has desernsed Mat the protect is a Cawgmwt
Exriaion ruder
• 23 CFR 771.117g)aebptly tc}(_...y
• 23 CFR 771.1111d)',acmvO(d -1
• A<dhnty_Ovoid in the M0U boNow rHWA and the State
❑ Sedbn BOOS; Based on an examinafon 01 tssprOposel end supporting adoration, Ile State has rlstermmed that the pfojerA
is a CE under Section e005 of 23 U S.C.327. v
Aaron P. Burton k
Print Name EnMfdrrrenldl Branch peel Prim Nar, V nagarlDIA Engineer
Srgrpture bale 5brhaltBeTt r �' i5ajc
Briefly list envrrormental comenrY teats on continuation sheet Reference additional nfomaabon,as appropriate(e.g...air gwmy
slulfes.doaanientaum or OOrrrarmiry exemption FHWAoanfamily de6smninabon if$eclgn 6005 prated:§146 wn+lnrpnents.§4fff:
47 rexll4s;Wdtandx Finding:Floaplam FmrAng:addles al studies.and design coracai s} Remised September IS,20M
VgvIAa
17
CATEGORICAL EXEMPTIOWCATEGORICAL EXCLUSION DETERMINATION FORM
Continuation Sheet
6II-liiv-Palm Springs BHLO 6262(026)
Dist,,C,o.Are for Loral Agenyj P.M+F.M. E A.IStale project) Federal-Aid Project No.SLocal prolso Pr01 No.
Safi: Routes to Schools
PROJECT cOMPPONENTS
• Nri kit fur[ tje>atally ohsnlete hridge w seam midale full standard lanes
• Improve the AllirWicl[cy rating of the bridge;it base sufficiency rating of fit.h.
• All construction work will be clone within the existing right of way.
TECIINICAL STUUY RESULTS
BIOLOGICAL STUDY
• A Natural Environment Study(Minimal Impacts) INES(MI)l was approved by qualified Calerans stalyon
lanaory 27.2()(N7. The following measures shall be implemented to avoid impacts to sewiiive biological
re50UrcCS:
Wmiri Tabun Eflrnts far Sensitive Habitat-
1. Prnieo limas will be st#ed by the project surveyor to contain eanftnw4lun KIMOcs"thin the protect
boundaries.Construction wet orgy occur vAWn the proposed construction roolpdN.
2. Sensitive areas outside the proposed projed zone will be designated as EnvironxNal Sermlive Antas IESABI
to be avoided in order to mnimQe the potential impacts to nearby habilal The-war areas will he laced on by Vie
use of obvious eAdusim fencing Itiouahout the duration of the projeo.
3. Vegetation will only be removed after pre-cons/rurpon bological surveys Iave bs cprplofrd and when
sarkwi,ve birds and other species are not breeding wdlln the project s area or Impact When possible.shrubs
will bar trimmed and ten in the ground in bider to allow for revegetation rather than wl dorm or divig up to
conserve awing desert dry wash and day[ d redrew scrub nabdal-
AN riparian trees,mUu(ling desert w4m,to be removed by the project we be mitigated at a I:t rati6
Replanting v A oaaur on the site.
5. Coorctnaborl wllh the Riverside Coundy Flood Control District shag by performed to detemwn the locations and
status of vegetaon removal acirvitim for channel mairAwhanaa Prior to conducing any necessary mvegelaiton
Minimization Eflorts for Sensitive plants:
6. Dependng or,the results of the recommended rare plarit surmys to be conducted during a grwiry season
tFeWvary through May)preceding corsla"on,avoidance ar4W minmlzabon measures may or may not be
required fo spacial-status plash species in the project area.If Coauldueta Valley milk-vebdh or any other listed
plant species are brdted in Eta project area.a Section 7owsuaatbn may be required wim the appropriate
agencies(USMS,arKVw COFG).Olher rowiaments may else be necessary under a fmalced C iaoneda
Valley WID-Spenss Habbat Conservation Plan.
MramlzatIm EnoLs to Sensitive Annuls.
Depending on Hue rwots of the rewrnmanited 30-Wy nesting bird surveys to be oorldwued prior to any conslrurbon
sidlivees, *voidance andner minill "bon measures may be necessary in radar to prevent Ire direct take w dbst✓bance d
active bird nests o other sersillve species witten the proled area The following guidelmas scrag be used in order to
prevent such cake
7. Tnwtg d brush removal or otter construction riaMie6 shall avoid"removal 01 ocaWied habitat o other
dist,.nbamw such as miss that may dlsiurb protected species during the lard breeding season kkiaonaliy,
vegetation will primerpy be removed between tale fall through wlnbsf months vAlen bird species woad rot be
broedng(September through Jam"
a Should eons4UCbon coma between February 1 and August 31,a pre,mnstrucyipn nesting bird smimy shall be
conducted MUhin 51"ar"preceding any construction WIvllles. in the event Mal nesting birds are located
vathin the protect sea.appropriate avoidance and rMigancin Ad be detwmehed as approviod by Ddrken
oonsuaafions with CDFG arrdrw USFWS to assure Canpium a wih state and Waist tegUatom
r'Rz,c'of t
18
CATEGORICAL EXEMPM}NICATEGORICAL EXCLUSION DETERMINATION FORM
Ca"rruation Sheet
0 Swallow and other nest romoval"only be oonducled rustler pre erect stpeneswn uN a Per'mNtad biologist
(following the guidelees listed in Appendix C)and shall be WrAwd to the bird non,breedirg swson
10. if active nests are food in are project area,an appropriate buffer rove udl be estadished around Yee nest by a
raiatdled biWgist(the butlerdlstanoe Will be eslaWlahed pvoWh coordination vr/0h USFVVS.CDFG,and the
City of Palm Springs)
t 1. if it has been determined that a sensitive bird Q nesting within 300 feet of the project area doing acirre
construction,a biological momae w19 be present to moadtor the neging activities ro ensve that conetnnl✓un
noise and dust is not adversely apxMq them.
12, n construction acgwbes,particularly noise prociucirlg scuoues(e.g.,pre dnving),must occur during the breeding
season(February t th atgh fugue131),a buffer nine will be astaWished around any observed migratory
sorgb+d nest,raplor nest,or breeding pair ttlrflory (these eXdusiM areas may also be required in the COFG
1600 permit liar ere project) The extern at this buffer zone*All be Established through 000rdtna4on with
USFWS, CDFG„and the City of Palm Springs.
13. Ae conseuchon ar.Ywitom whdh have boon determined through monitoring to ham a polonbal of disturbing nest
sites shah be axtafled unit a has been determined by a bio&aol that the reads)are no WV-f active.
14. At project personnel must be educated regarding the w1lW@ species issues for the protect&@a prim to onset of
consirv..-ton actiwUes. Gonsbucepri personnel are to be no closer than 300 M of an observed migratory
songbird rl&M or 500 M of a raptor nest uNess aulhorued to ender by the pmjera bioloyst.
15. To minm1w ground disturbance and potential for Impacts to sukitermnean species,rubber mats,wood cribbing.
and(or equivalent YAP be placed In the channel prior to construction veMctes entering the channel. All ground
protection materials used wiN be removed after construction activifes have been completed.
PERMI'D RE-QUIRED
• Section 1602 SUcanibed Alteration.Agreenxm
• Sn;twn 404 Nationwide Permit
• Section 44)1 Water Quality(criificalitnt
• NPDES Perrot
IIAI.AKI)(11_tS W.ASI'F ISA
* 11x Envirenmerital Engtneenng Department reviewed and concurs with the finding and content rf the
Initial Site Assessment I ISA)ion November I k 2008
AIR
• Environmental Ergincoing Department reviewed the project and determined that the project falls under the
category off.xcinpi ProjecLA listed as"bic}'cle and pedcstnan facilities"in-Iahle 2 of 40 C'r R g3.126
(7 able l of the Co Protocol). The project is therefore,exempt from all omissions analysis.
NOfSF.
• Environmental Engineenng Department determined that this is nor it"l'ypc 1 prolcct and no noise studies
well be required HowevcT.due to the proposal project's proximity to noise.verzsitivc land use, the
solahlictur shall comply with all local wound control and Wixe level hula&provided in the Sound Ccmtrol
Requirements and q*cuil provisions. Please nine that Soction 7-1.01 1 of the Standard Specifications has
been replwM with Section 14-9-02.
CULTURAL STUDY
• The I lworic Pw+perty Survey Repiwt(HPSR)wars approved ion Augnsl 19. 2MR.
HYDRAULICS
• ]he L.txat on Hydraulic Study was approved on September 2&21X)9.
• The I loudplam Evaluation Report Summany wai approved on September 2x.2009
Pape L.y i
19
NEPA/CEQA RE-VALIDATION FORM
DISTJCOJRTE. 08-RIV-City of Palm Springs
PM)PM
E.A.or Fed-Aid Project No. BHLO 5282 026
Other Project No.(specify)
PROJECT TITLE Bogert Trail Bridge
ENVIRONMENTAL CE
APPROVAL TYPE
DATE APPROVED 2/23/2010
Check reason for consultation:
REASON FOR ❑Project proceeding to next major federal approval
CONSULTATION ®Change in scope,setting, effects,mitigation measures,requirements
(23 CFR 771.129) 03-year timeline(EIS only)
❑NA Re-Validation for CEQA on
DESCRIPTION OF Briefly describe the charged conditions or new information on page 2.Append Continuation
CHANGED CONDITIONS sheet(s)as necessary. Include a revised Environmental Commitments Record(ECR)when
applicable.
NEPA CONCLUSION -VALIDITY
Based on an examination of the changed conditions and supporting information:[Check ONE of the three statements below,
regarding the validity of the original document/determination(23 CFR 771.129).If document is no longer valid, indicate whether
additional public review is warranted and whether the type of environmental document will be elevated.]
❑ The original environmental document or CE remains valid. No further documentation will be prepared.
N The original environmental document or CE is in need of updating;further documentation has been prepared an
N is included on the continuation sheet(s)or❑ Is attached.With this additional documentation,the original ED
or CE remains valid.
Additional public review Is warranted(23 CFR 771.111(hx3)) Yes❑ No❑
❑ The original document or CE is no longer valid.
Additional public review is warranted(23 CFR 771.111(hx3)) Yes❑ No❑
Supplemental environmental document is needed. Yes❑ No❑
New environmental document is needed. Yes❑ No❑ (If"Yes,"a if _ 1
CONCURRENCE,WITH NEPA CONCLUSION
I concur with the I PA conct`kJ6 '
< 6=27--// //z$ L
Ignature: Environmental ranch Chief Date nature: Project Manager/DLAE Dale
CEQA CONCLUSION : (Only mandated for projects on the State Highway System.)
Based on an examination of the changed conditions and supporting information,the following conclusion has been reached
regarding appropriate CEQA documentation: (Check ONE of the five statements below,indicating whether any additional
documentation will be prepared,and if so, what kind. If additional documentation is prepared,attach a copy of this signed fort and
any continuation sheets.)
❑ Original document remains valid. No further documentation is necessary.
❑ Only minor technical changes or additions to the previous document are necessary. An addendum has been
or will be ❑ prepared and Is ❑ Included on the continuation sheets or ❑ will be attached. It need
not be circulated for public review.(CEOA Guidelines,§15164)
❑ Changes are substantial,but only minor additions or changes are necessary to make the previous document
adequate. A Supplemental environmental document will be prepared,and it will be circulated for public review.
(CEQA Guidelines,§15163)
❑ Changes are substantial,and major revisions to the current document are necessary. A Subsequent
environmental document will be prepared,and It will be circulated for public review.(CEQA Guidelines,§15162)
(Specify type of subsequent document, e.g.,Subsequent FEIR:)
❑ The CE is no longer valid. New CE Is needed. Yes❑ No❑
CONCURRENCE WITH CEQA CONCLUSION
I concur with the CEQA conclusion above.
Not Applicable Not Applicable
Signature: Environmental Branch Chief Date Signature: Project Manager Date 20
Pase I of 6 Revised June 2011
NEPAlCEQA RE-VALIDATION FORM
CONTINUATION SHEET(S)
Address only substantial changes or substantial new information since approval of the original document
and only those areas that are applicable. Use the list below as section headings as they apply to the
project change(s). Use as much or as little space as needed to adequately address the project
change(s)and the associated impacts, minimization, avoidance and/or mitigation measures, if any.
Changes in project design,e.g., substantial scope change;a new alternative; change in project
alignment
Not Applicable
Changes in environmental setting,e.g., new development affecting traffic or air quality;
Not Applicable
Changes in environmental circumstances, e.g.,a new law or regulation; change in the status of a
listed species.
On July 8, 2009 the United States Fish and Wildlife Service (USFWS) proposed to list the Casey's June
beetle (Dinacoma caseyi). Since this project has the potential to impact this species coordination with
USFWS and Army Corp of Engineers (ACOE)took place resulting on the determination that a
Conference Assessment (CA)for this species was required. Surveys for the Casey's June beetle took
place yielding the presence of this species within the project footprint. Several Coordination meetings
with USFWS took place to determine adequate avoidance, minimization, and mitigation measures to
protect the species. The CA was submitted to USFWS issued a Conference Opinion (CO)for this
project. It is also determined that this project is not likely to jeopardize the continued existence of the
Casey's June beetle and is not likely to destroy or adversely modify proposed critical habitat for the
species.
Changes to environmental Impacts of the project,e.g.,a new type of impact, or a change in the
magnitude of an existing impact.
Changes to avoidance, minimization, and/or mitigation measures since the environmental
document was approved.
The following are additional avoidance and minimization measures that are to be included into the CE
and ECR of the Bogert Trail Bridge Project; BHLO 5282 (026):
Minimization Measures and Onsite Restoration of Casey's June Beetle Habitat
A minimum of 0.29 ha(0.72 ac)of restoration of Casey's June beetle habitat would be performed on the
Project site within Palm Canyon Wash in areas that would be temporarily affected by the Project. These
activities would include the following measures:
To reduce potential temporary effects to animals (including Casey's June beetle) during
construction, work will only be conducted during daylight hours;
To minimize potential impacts to Casey's June beetle within the Project action area, no roadway
lighting will be installed. Construction work would not be conducted at night. The project will
not generate any new permanent light sources;
1
Paee 2 of 6 Revised June 2011
NEPA/CEQA RE-VALIDATION FORM
• Standard construction Best Management Practices (BMPs) will be utilized for construction in
Palm Canyon Wash;
• The Project boundaries that are located in the wash will be clearly marked by silt fencing,
stakes, or some equivalent such as what Caltrans refers to as"ESA fencing;
• Soil disturbance and compaction will be minimized as feasible in the wash;
• A qualified bio monitor will be selected and will be present during substantial construction
activities in the wash;
• A conceptual restoration plan will be developed for the temporary disturbance area. The plan
will be reviewed and approved by the Service prior to initiation of construction;
• Native woody shrubs, located in the Project footprint in the wash, that are taller than 1.2m (4 ft)
will be salvaged. The"rootball:" of these plants will be maintained and they will immediately be
planted at the edge of the Project site in the wash in a similar location (e.g., floodplain terrace).
Replanted shrubs will be irrigated once a month for 3 months;
• Debris/waste material (e.g.. old bridge deck bearing materials) will be kept out of the wash;
• Excavated fill (e.g., pier construction) will be placed on flexible mats or plates to reduce
disturbance of local soils;
• Vehicles and equipment will be washed of potential invasive plant propagules (i.e., weed seed
in dried mud removed) before entering the Project site area. The biomonitor will inspect the
washed equipment prior to entry onto the Project site;
• The Applicant will assure that any imported fill or rock is free of potential invasive plant
propagules (e.g., utilize weed-free borrow material and washed rip rap). The biomonitor will
inspect the imported fill and/or rock prior to transport onto the Project site;
• Minimal clearing, grubbing, grading, or development of access roads (compaction) will be
performed in the wash. The biomonitor will administer these activities;
• Vehicles/equipment will be parked or serviced (i.e.,fluids) outside the wash only;
• The entire Project site footprint will be weeded (alien plants removed)for 5 years twice annually
following the completion of construction; and,
• Permanent signage will be installed in the site area regarding illegality of off highway vehicle
(OHV) use in the wash (e.g., sign at flood control ramp down to wash).
Off site Conservation Enhancement and Protection of Casey's June Beetle Habitat
A minimum of 1.74-ha (4.29 ac)would be acquired and legally protected with a conservation easement
consistent with California Civil Code 815 et seq. This parcel(s) would also be ecologically enhanced.
These activities would include the following measures:
• A conservation easement will be granted to an agency or organization subject to approval of the
Service. Easement wording will be consistent with CCC 815 et seq.;
22
Pave 3 of 6 Revised June 2011
NEPA/CEOA RE-VALIDATION FORM
• This conservation easement will be recorded on a parcel (or portion of a parcel [e.g., Applicant
has suggested parcel APN 512-190-027]) in Palm Canyon Wash, in proposed critical habitat
(see Figure 3 Proposed Conservation Easement), The 1.74 he area to be protected with a
conservation easement (whole or portion of a parcel) will be on Casey's June beetle habitat
areas of soft-bottom of Palm Canyon Wash that are more than 91 m (300 ft) from the artificial
levee that currently exists along sections on the west side of the wash. A title report for the
parcel will be provided to the Service for review, and approval by the Service of the
conservation easement to be granted across the parcel will be obtained prior to recordation.
The conservation easement will be recorded within 3 months of initiation of Project construction;
• Within 3 months of recordation of the conservation easement, Carsonite or equivalent signage
will be placed along the conservation easement edge every 46 m (150 ft) indicating"Sensitive
Ecological Area—Please do not disturb"or similar wording subject to approval of the Service;
and;
• Upon recordation of a conservation easement, the entire easement will be weeded (alien plants
removed with native plants retained) for ecological enhancement, repeating twice annually for 5
years from the date of recordation of the conservation easement.
TERM AND CONDITION
In order to be exempt from the prohibitions of section 9 of the Act, the Corps, FHWA, Caltrans, and the
Applicant must comply with the following term and condition, which implements the reasonable and
prudent measure described above. This term and condition is non-discretionary.
The Corps, FHWA, Caltrans, and Applicant, including all of their agents/contractors, will implement all
biological conservation measures and/or assurances provided above in the Project description, including
compliance with the proposed Project footprint limits. The Corps, FHWA, Caltrans, and/or Applicant will
notify the Service in writing at least 2 weeks before initiation of construction of the start date for
construction activities. The Corps, FHWA, Caltrans, and Applicant will report in writing (letter report)to
the Service, monthly during Project construction until completion of construction activities, and every 6
months for conservation measures that follow construction(e.g., alien plant removal), specifically
documenting compliance with each of the measures of the Project description.
The incidental take statement provided in the conference opinion does not become effective until the
species is listed and the conference opinion is adopted as the biological opinion issued through formal
consultation. At that time, the project will be reviewed to determine whether any take of the species or its
habitat has occurred. Modifications of the opinion and incidental take statement may be appropriate to
reflect that take. No take of species or its habitat may occur between the listing of Casey's June beetle
and the adoption of the conference opinion through formal consultation, or the completion of a
subsequent formal consultation.
Changes to environmental commitments since the environmental document was approved,e.g.,
the addition of new conditions in permits or approvals. When this applies,append a revised
Environmental Commitments Record(ECR)as one of the Continuation Sheets.
Minimization Measures and Onsite Restoration of Casey's June Beetle Habitat
A minimum of 0.29 ha(0.72 ac) of restoration of Casey's June beetle habitat would be performed on the
Project site within Palm Canyon Wash in areas that would be temporarily affected by the Project. These
activities would include the following measures:
• To reduce potential temporary effects to animals (including Casey's June beetle) during 23
Pave 4 of 6 Revised tune 2011
NEPA/CEQA RE-VALIDATION FORM
construction, work will only be conducted during daylight hours;
• To minimize potential impacts to Casey's June beetle within the Project action area, no roadway
lighting will be installed. Construction work would not be conducted at night. The project will
not generate any new permanent light sources;
• Standard construction Best Management Practices (BMPs) will be utilized for construction in
Palm Canyon Wash;
• The Project boundaries that are located in the wash will be clearly marked by silt fencing,
stakes, or some equivalent such as what Caltrans refers to as"ESA fencing;
• Soil disturbance and compaction will be minimized as feasible in the wash;
• A qualified bio monitor will be selected and will be present during substantial construction
activities in the wash;
• A conceptual restoration plan will be developed for the temporary disturbance area. The plan
will be reviewed and approved by the Service prior to initiation of construction;
• Native woody shrubs, located in the Project footprint in the wash, that are taller than 1.2m (4 ft)
will be salvaged. The "rootball:" of these plants will be maintained and they will immediately be
planted at the edge of the Project site in the wash in a similar location(e.g., floodplain terrace).
Replanted shrubs will be irrigated once a month for 3 months;
• Debris/waste material (e.g., old bridge deck bearing materials) will be kept out of the wash;
• Excavated fill(e.g., pier construction)will be placed on flexible mats or plates to reduce
disturbance of local soils;
• Vehicles and equipment will be washed of potential invasive plant propagules (i.e., weed seed
in dried mud removed) before entering the Project site area. The biomonitor will inspect the
washed equipment prior to entry onto the Project site;
• The Applicant will assure that any imported fill or rock is free of potential invasive plant
propagules (e.g., utilize weed-free borrow material and washed rip rap). The biomonitor will
inspect the imported fill and/or rock prior to transport onto the Project site;
• Minimal clearing, grubbing, grading, or development of access roads (compaction) will be
performed in the wash. The biomonitor will administer these activities;
• Vehicles/equipment will be parked or serviced (Le., fluids) outside the wash only;
• The entire Project site footprint will be weeded (alien plants removed) for 5 years twice annually
following the completion of construction; and,
• Permanent signage will be installed in the site area regarding illegality of off highway vehicle
(OHV) use in the wash (e.g., sign at flood control ramp down to wash).
Offsite Conservation Enhancement and Protection of Casey's June Beetle Habitat
A minimum of 1.74-ha(4.29 ac) would be acquired and legally protected with a conservation easement
consistent with California Civil Code 815 et seq. This parcel(s) would also be ecologically enhanced.
These activities would include the following measures:
• A conservation easement will be granted to an agency or organization subject to approval of the 24
Page 5 of 6 Revised June 2011
NEPA/CEQA RE-VALIDATION FORM
Service. Easement wording will be consistent with CCC 815 et seq.;
• This conservation easement will be recorded on a parcel (or portion of a parcel [e.g., Applicant
has suggested parcel APN 512-190.027]) in Palm Canyon Wash, in proposed critical habitat
(see Figure 3 Proposed Conservation Easement). The 1.74 he area to be protected with a
conservation easement(whole or portion of a parcel) will be on Casey's June beetle habitat
areas of soft-bottom of Palm Canyon Wash that are more than 91 m (300 ft)from the artificial
levee that currently exists along sections on the west side of the wash. A title report for the
parcel will be provided to the Service for review, and approval by the Service of the
conservation easement to be granted across the parcel will be obtained prior to recordation.
The conservation easement will be recorded within 3 months of initiation of Project construction;
• Within 3 months of recordation of the conservation easement, Carsonite or equivalent signage
will be placed along the conservation easement edge every 46 m (150 ft) indicating "Sensitive
Ecological Area—Please do not disturb" or similar warding subject to approval of the Service;
and;
• Upon recordation of a conservation easement, the entire easement will be weeded (alien plants
removed with native plants retained) for ecological enhancement, repeating twice annually for 5
years from the date of recordation of the conservation easement.
TERM AND CONDITION:
In order to be exempt from the prohibitions of section 9 of the Act, the Corps, FHWA, Caltrans, and the
Applicant must comply with the following term and condition, which implements the reasonable and
prudent measure described above. This term and condition is non-discretionary.
The Corps, FHWA, Caltrans, and Applicant, including all of their agents/contractors, will implement all
biological conservation measures and/or assurances provided above in the Project description, including
compliance with the proposed Project footprint limits. The Corps, FHWA, Caltrans, and/or Applicant will
notify the Service in writing at least 2 weeks before initiation of construction of the start date for
construction activities. The Corps, FHWA, Caltrans, and Applicant will report in writing (letter report)to
the Service, monthly during Project construction until completion of construction activities, and every 6
months for conservation measures that follow construction (e.g., alien plant removal), specifically
documenting compliance with each of the measures of the Project description.
25
Page 6 of 6 Revised June 2011
NEPAICEQA RE-VALIDATION FORM
DISTJCO.IRTE. 08-Riv-City of Palm Springs
PMIPM
E.A.or Fed-Aid Project No. BHLO-5282(026)
Other Project No.(specify)
PROJECT TITLE Bogert Trail
ENVIRONMENTAL
APPROVALTYPE
DATE APPROVED 2/2 312 01 0
Check reason for consultation:
REASON FOR ®Project proceeding to next major federal approval
CONSULTATION []Change
(23 CFR 771.129) p setting,effects,mitigation measures,requirements
❑3-yearin scope,timeline(EIS Doty)
❑N/A Re-Validation for CEQA on
DESCRIPTION OF Project is proceeding to next federal approval for its E-76 construction.No change in scope,
CHANGED CONDITIONS settings or requirements.No further documentation required at this lime.
NEPA CONCLUSION-VALIDITY
Based on an examination of the changed conditions and supporting information:[Check ONE of the three statements below,
regarding the validily of the original document/determination(23 CFR 771.129),N document is no longer valid,indicate whether
additional public review is warranted and whether the type of environmental document will be elevated.]
® The original environmental document or CE remains valid. No further documentation will be prepared.
❑ The original environmental document or CE is in need of updating;further documentation has been prepared and
❑is included on the continuation sheets)or❑ is attached.With this additional documentation,the original ED
or CE remains valid.
Additional public review is warranted(23 CFR 771.111(h)(3)) Yes❑ No❑
❑ The original document or CE is no longer valid.
Addltfonal public review Is warranted(23 CFR 771.111(h)(3)) Yes❑ No❑
Supplemental environmental document is needed. Yes❑ No❑
New environmental document is needed. Yes❑ No❑ (N"Yes;specify type: i
CONCURRENCE WITH NEPA CONCLUSION
Icon rw"fh a NEPAf Oat
13
S a um:Environm to ranch Chief Date Signature: roj anager/DLAE Oat
CEQA CONCLUSION :(Only mandatedforprojects on the State Highway System.)
Based on an examination of the changed conditions and supporting information,the following conclusion has been reached
regarding appropriate CEQA documentation:(Check ONE of the five statements below,indicating whether any additional
documentation will be prepared,and it so,what kind.Nadditional documentation is prepared,attach a copy of this signed form and
any continuation sheets.)
❑ Original document remains valid. No further documentation is necessary.
❑ Only minor technical changes or additions to the previous document are necessary. An addendum has been
or will be ❑ prepared and is ❑ included on the continuation sheets or ❑ will be attached. It need
not be circulated for public review.(CEQA Guidellnes,§15164)
❑ Changes are substantial,but only minor additions or changes are necessary to make the previous document
adequate. A Supplemental environmental document will be prepared,and It will be circulated for public review.
(CEQA Guidelines,§15163)
❑ Changes are substantial,and major revisions to the current document are necessary. A Subsequent
environmental document will be prepared,and it will be circulated for public review.(CEQA Guidelines,§15162)
(Specify type of subsequent document,e.g., Subsequent FEIR.)
❑ The CE is no longer valid. New CE is needed. Yes❑ No❑
CONCURRENCE WITH CEQA CONCLUSION
conwr with the CEQA contusion above.
WA WA
Signature:Environmental Branch Chief Date Signature:Project Manager/DLAE Date
Page I of_l_ Revised June 2011 2 6