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HomeMy WebLinkAboutMINUTES - 06092015 - C.01RECOMMENDATION(S): APPROVE the Byron Highway-Camino Diablo Intersection Improvements Project and AUTHORIZE the Public Works Director, or designee, to advertise the project, Byron area. [Project No. 0662-6R4094, DCD-CP# 15-01] (District III), and FIND, on the basis of the Initial Study/Mitigated Negative Declaration and all comments received and staff responses contained herein, that there is no substantial evidence the project may have significant effect on the environment, and ADOPT the Mitigated Negative Declaration and Mitigation and Monitoring Reporting Plan in compliance with the California Environmental Quality Act (CEQA), pursuant to Article 6, Section 15070(a), (the custodian of which is the Department of Conservation and Development Director located at 30 Muir Road, Martinez, CA), and DIRECT the Director of Conservation and Development to file a Notice of Determination with the County Clerk, and AUTHORIZE the Public Works Director to arrange for payment of $2,210 for California Department of Fish and Wildlife fees, a $50 fee to the County Clerk for filing the Notice of Determination, and a $25 fee to Department of Conservation and Development for processing. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/09/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Federal D. Glover, District V Supervisor Contact: L. Chavez, Environmental (925) 313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: June 9, 2015 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: County Administrator, Auditor-Controller, R. Perez, Dept. of Development & Conservation - Planning, Public Works Finance, P. Denison, Environmental, L. Chavez, Transportation Engineering, N. Wein, Transportation Engineering, A. Villar, Design/Construction, K. Emigh C. 1 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:June 9, 2015 Contra Costa County Subject:APPROVE the Byron Highway-Camino Diablo Intersection Improvements Project and related actions under the California Environmental Quality Act. FISCAL IMPACT: Funding will be 23% Highway Safety Improvement Program Grant Funds, 17% Measure J Return to Source Funds, 12% East County Regional Area of Benefit Funds, and 48% Local Road Funds. BACKGROUND: Byron Highway and Camino Diablo Road are heavily used truck and commuter routes that provide a vital transportation link between Contra Costa and Alameda Counties as well as San Joaquin County. Both Byron Highway and Camino Diablo Road are two-lane roads with no turning lanes and no shoulders at this intersection. Neither road is signalized, with free-through movements on Byron Highway and stop controls on both legs of Camino Diablo Road. The project includes installation of new traffic signal lights and road improvements to accommodate the addition of left turn lanes on three of the four legs at the intersection. The existing travel lanes will be widened approximately 1,300 feet along Byron Highway (500 feet north to 800 feet south of the intersection) and approximately 800 feet along Camino Diablo Road (600 feet west and 200 feet east of the intersection). The road widening will provide 12-foot wide travel lanes, 12-foot wide left turn lanes, and 5-foot wide paved shoulders on both roads. A majority of the pavement widening will be along the east side of Byron Highway south of the intersection and the north side of Camino Diablo Road west of the intersection. In addition, a railroad crossing adjacent to the intersection will be improved with the installation of new railroad panels and crossing gates. The project will also provide pedestrian facilities along the north side of Camino Diablo Road from the intersection of Main Street to Byron Highway, which include sidewalk, curb and ADA ramps. Construction activities associated with the project include the acquisition of new right-of-way (ROW) and earthwork for the roadway widening, tree removals, drainage improvements, utility and roadway signage relocations, guard rail installation, and restriping to accommodate new travel lane configurations. One-way traffic control on Byron Highway, and road closure on Camino Diablo Road just west of the intersection for work around the railroad will be required for a portion of the project. Real property transactions will be necessary in support of this project including fee titles for the ROW acquisitions and temporary construction easements. Project construction is planned for 2016 and will take approximately four months to complete sometime between April and October 2016. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design, construction, and may jeopardize funding. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Final NOD Initial Study/Mitigated Negative Declaration & Mitigation Monitoring Reporting Plan Response to Comments CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION Authority cited: Sections 21083, Public Resources Code. Reference Section 21000-21174, Public Resources Code. G:\engsvc\ENVIRO\Board Orders\2015\6-9-15\Byron Highway-Camino Diablo\Revised FINAL NOD_6-9-15.doc Form updated December 2014 To: Office of Planning and Research From: Contra Costa County P.O. Box 3044, Room 113 Dept. of Conservation & Development Sacramento, CA 95812-3044 30 Muir Road Martinez, CA 94553 County Clerk County of: Contra Costa State Clearinghouse Number: 2015042014 Project Title: Byron Highway-Camino Diablo Rd Intersection Improvements - CP#15-01; WO#: 0662-6R4094 Project Applicant: Contra Costa County Public Works Department Project Location: Byron in East Contra Costa County Project Description: Byron Highway and Camino Diablo Road are heavily used truck and commuter routes that provide a vital transportation link between Contra Costa and Alameda Counties as well as San Joaquin County. Both Byron Highway and Camino Diablo Road are two-lane roads with no turning lanes and no shoulders at this intersection. Neither road is signalized, with free-through movements on Byron Highway and stop controls on both legs of Camino Diablo Road. The project includes installation of new traffic signal lights and road improvements to accommodate the addition of left turn lanes on three of the four legs at the intersection. The existing travel lanes will be widened approximately 1,300 feet along Byron Highway (500 feet north to 800 feet south of the intersection) and approximately 800 feet along Camino Diablo Road (600 feet west and 200 feet east of the intersection). The road widening will provide 12-foot wide travel lanes, 12-foot wide left turn lanes, and 5-foot wide paved shoulders on both roads. A majority of the pavement widening will be along the east side of Byron Highway south of the intersection and the north side of Camino Diablo Road west of the intersection. In addition, a railroad crossing adjacent to the intersection will be improved with the installation of new railroad panels and crossing gates. The project will also provide pedestrian facilities along the north side of Camino Diablo Road from the intersection of Main Street to Byron Highway which will include sidewalk, curb, and ADA ramps, and crosswalk. The project is partially funded by federal transportation funds, High Risk Rural Road program. Project construction is planned for 2016 and will take approximately 4 months to complete som etime between April and October 2016. Construction activities associated with the project include the acquisition of new right-of-way (ROW) and earthwork for the roadway widening, tree removals, drainage improvements, utility and roadway signage relocations, guard rail installation, and restriping to accommodate new travel lane configurations. One-way traffic control on Byron Highway, and road closure on Camino Diablo Road just west of the intersection for work around the railroad will be required for a portion of the project. Real property transactions will be necessary in support of this project including fee titles for the ROW acquisitions and temporary construction easements. The project was approved on: 1. The project [ will will not] have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [ were were not] made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan [ was was not] adopted for this project. 5. A statement of Overriding Considerations [ was was not] adopted for this project. 6. Findings [ were were not] made pursuant to the provisions of CEQA. Notice of Determination was sent to Office of Planning and Research.* This is to certify that the final Mitigated Negative Declaration with comments and responses and record of project approval, or the Negative Declaration, is available to the General Public at: Contra Costa County Public Works Department 255 Glacier Drive, Martinez, CA 94553 Signature (Contra Costa County): Title: Date: Date Received for filing at OPR: AFFIDAVIT OF FILING AND POSTING I declare that on ____________________________________________ I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title: Applicant: Department of Fish and Game Fees Due Public Works Department EIR - $3,069.75 Total Due: $ 75.00 255 Glacier Drive Neg. Dec. - $2,210.00 Total Paid $ 2,285.00 Martinez, CA 94553 DeMinimis Findings - $0 Attn: _Claudia Gemberling_____ County Clerk - $50 Receipt #: 2271668 Environmental Services Division Conservation & Development - $25 Phone: (925) 313-2192 *Notice of Determination may be sent by fax to (916) 323-3018, if followed up with a duplicate mailed copy. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx Environmental Checklist Form 1. Project Title: Byron Highway-Camino Diablo Intersection Improvements 2. Lead Agency Name and Address: Contra Costa County Department of Conservation and Development 30 Muir Rd., Martinez, CA 94553 3. Contact Person and Phone Number: Claudia Gemberling, Environmental Analyst II (925) 313-2192 4. Project Location: Byron, East Contra Costa County (Figure 1) 5. Project Sponsor's Name and Address: Contra Costa County Public Works Department 255 Glacier Drive, Martinez CA 94553 6. General Plan Designation: AL (Agricultural Lands), C (Commercial), LI (Light Industry), SH (Single Family Residential – High) 7. Zoning: A-2 (General Agricultural), C (Commercial), R-B (Retail-Business), R-6 (Single Family Residential) 8. Project Description: Byron Highway and Camino Diablo Road are heavily used truck and commuter routes that provide a vital transportation link between Contra Costa and Alameda Counties as well as San Joaquin County. Both Byron Highway and Camino Diablo Road are two-lane roads with no turning lanes and no shoulders at this intersection. Neither road is signalized, with free-through movements on Byron Highway and stop controls on both legs of Camino Diablo Road. The project includes installation of a new traffic signal and road improvements to accommodate the addition of left turn lanes on three of the four legs at the intersection (Figure 2). The road improvements include widening Byron Highway and Camino Diablo Road to accommodate the turn lanes and to provide paved shoulders. The road improvements will occur ap proximately 1,300 feet along Byron Highway (500 feet north and 800 feet south of the intersection) and approximately 800 feet along Camino Diablo Road (600 feet west and 200 feet east of the intersection). The road widening will provide 12-foot wide left turn lanes and 5-foot wide paved shoulders on both roads; the width of the existing travel lanes will not change. A majority of the road widening will be along the east side of Byron Highway south of the intersection and the north side of Camino Diablo Road west of the intersection. Construction activities associated with the project include the acquisition of new right-of-way (ROW) and earthwork for the roadway widening, pedestrian facility construction, railroad crossing improvements, guard rail installation, tree removals, relocation of roadway signage, restriping to accommodate new travel lane configurations, utility relocations, and drainage improvements. ^_ Project Location Figure 1Project LocationPath: K:\Projects_3\County_of_Contra_Costa\00218_14_ByronHwy_CaminoDiabl\mapdoc\Fig_1_Project_Location_20140522.mxd; User: 29391; Date: 3/17/20150 105 Miles´Source: Basemap, ESRI 2013 ^_ Project Location EXISTINGIMPROVEMENTSPROPOSEDIMPROVEMENTSEXISTINGROADRIGHTOFWAY,DEDICATEDRIGHTOFWAY,ORAREAWHERECOUNTYHASRIGHTSEXISTINGRAILROADRIGHTOFWAYEXISTINGPROPERTYLINESPROPOSEDRIGHTOFWAYPROPOSEDTEMPORARYCONSTRUCTIONEASEMENTNORTHFIGURE 2: PROJECT SITE OVERVIEW MAP G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx The ROW acquisitions will be of sliver portions (varying between 5 and 15 feet) along the frontages from a number of residential properties along the east side of Byron Highway south of the intersection and north side of Camino Diablo Road west of the intersection to accommodate which will require removal of landscaping including trees and fences; mailboxes will be relocated. ROW acquisition will also be necessary from the railroad property for the roadway widening at the railroad tracks. Temporary construction easements may also be needed. Address APN Proposed ROW Acquisition (square feet) Byron Highway 15161 002-140-002 316 15147 002-140-003 620 15125 002-140-004 1,135 15103 002-140-005 1,530 15089 002-140-006 1,489 15075 002-140-007 1,574 15057 002-140-008 810 15045 002-140-009 1,184 14800 002-260-002 3,282 N/L 002-260-003 9,293 Camino Diablo Road 3101 002-102-011 1,777 3073 002-102-015 212 The earthwork will require removal of approximately 1,300 cubic yards of roadway material and soil that will be off-hauled from the project site and importing approximately 2,000 cubic yards of soil to the site to build up the vertical fill around the railroad tracks to accommodate the road and shoulder widening. Pedestrian facilities include construction of at least a 5-foot wide sidewalk with American Disability Act (ADA)-compliant ramps at the northeast, southeast, and northwest corners of the intersection and crosswalks. The sidewalk will extend along the north side of Camino Diablo Road from the northwest corner of the intersection west to Main Street. Standard construction equipment will be used, including but not limited to: excavators, graders, scrapers, loaders, sweepers/scrubbers, plate compactors, rollers, backhoes, and pavers. Staging will occur within the County road ROW. Construction activities will be generally limited to the hours between 7:00 a.m. to 5:00 p.m. One-way traffic control on Byron Highway, and road closure on Camino Diablo Road just west of the intersection for work around the railroad will be required for a portion of the project; detour route signs will be posted 7 days prior to start of construction in various locations in the project vicinity; emergency vehicles will have access at all times. Disturbed areas will be stabilized as necessary. Construction of the project is anticipated to start sometime between April and October in 2016 and take approximately 4 months to complete. 9. Surrounding Land Uses and Setting: Byron is a small unincorporated community that primarily consists of residential development with some commercial development from the early twentieth century surrounded by rural residential and farmlands. The project area is adjoined by residences along the east side of B yron Highway and railroad tracks along the west side. A gas station occupies the southeast corner of the intersection and a G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx trucking company southwest of the intersection. Residences primarily adjoin the north and south sides of Camino Diablo and commercial buildings fronting Main Street are located just north of Camino Diablo (Figure 2). 10. Other public agencies whose approval is required (e.g. permits, financing, approval, or participation agreement): Federal Highway Administration (FHWA), California Department of Transportation (Caltrans) The project will be partially funded through the High Risk Rural Road (HRRRL) program. Caltrans, on behalf of the FHWA, is the lead agency for the National Environmental Policy Act (NEPA). Therefore, the project will be reviewed by Caltrans for NEPA compliance. East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) Federal Endangered Species Act (ESA), California Natural Community Conservation Planning Act (NCCP) The project is located within the HCP/NCCP inventory area and is a covered activity. The HCP/NCCP is intended to provide an effective framework to protect natural resources and special-status species recovery in eastern Contra Costa County while improving and streamlining the environmental permitting process for impacts on these species and associated habitats. The HCP/NCCP complies with Section 10(a)(1)(B) of the federal ESA and California Natural Community Conservation Planning Act of 2003 and as such covered activities are authorized incidental take of HCP/NCCP-covered special- status species subject to mitigation fees for both permanent and temporary impacts to species habitats and implementation of specific conditions and conservation measures to avoid or minimize potential effects to species and/or its habitats. The HCP/NCCP requires reporting and fee payment to the HCP/NCCP Implementing Entity, the East Contra Costa County Habitat Conservancy, a joint exercise of powers authority formed by the Cities of Brentwood, Clayton, Oakley and Pittsburg and Contra Costa County (Jones & Stokes 2006). U.S. Army Corps of Engineers (USACE) – Sacramento District Clean Water Act, Section 404, Nationwide Permit Section 404 of the Clean Water Act regulates discharges of dredged or fill material into jurisdictional waters of the U. S., including wetlands. A drainage ditch and a seasonal wetland adjoin the project area. There will be minimal temporary impacts during construction. This type of activity would be authorized under a Regional General Permit program for HCP/NCCP-covered projects (USACE 2015). Therefore, the USACE Sacramento District will be notified for authorization. Regional Water Quality Control Board (RWQCB) – Central Valley Region Clean Water Act, Section 401, Water Quality Certification Section 401 of the Clean Water Act also regulates projects that will discharge dredged or fill material into jurisdictional waters of the U.S., and waters of the state, including wetlands when a federal permit or license will be issued (RWQCB 2015). As noted above, a drainage ditch and seasonal wetland adjoin the project area. There will be minimal temporary impacts during construction. Therefore, a Water Quality Certification will be obtained from the RWQCB. State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order 2012-0006-DWQ) (Construction General Permit [CGP]) Projects that disturb one or more acres of soil or disturbs less than one acre but are part of a larger development that in total disturbs one or more acres, are required to obtain coverage under this permit (SWRCB 2015). If the project will disturb less than 5 acres, the permit allows for a waiver certification G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx if the project will occur when the rainfall erosivity factor value is less than five (i.e., typically occurring in dry seasons when rains are less frequent and less force). At this time, it is anticipated that the project will disturb approximately 3 acres. Therefore, a waiver certification will be requested from the SWRCB. Contra Costa County Department of Conservation and Development (CCCDCD) The removal and placement of soil and roadway material may require grading and truck permits. Therefore, project contract specifications will require the contractor to obtain necessary permits from the CCCDCD. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx EVALUATION OF ENVIRONMENTAL IMPACTS: I. AESTHETICS Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Contra Costa County has two main scenic resources in addition to many localized scenic features: (1) scenic ridges, hillsides, and rock outcroppings; and (2) the San Francisco Bay/Delta estuary system. Throughout much of the County, there are significant topographic variations in the landscape. The largest and most prominent of these are the hills that form the backdrop for much of the developed portions of the area. Views of these major ridgelines help to reinforce the rural feeling of the County’s rapidly growing communities. These major ridges provide an important balance to current and planned development (Contra Costa County 2005a). The project is located within the downtown area of Byron, a small rural community in East Contra Costa County that primarily consists of residential development with some commercial and retail development from the early twentieth century, surrounded by rural residential and farm lands. The rolling hills and Mount Diablo ridgelines to the west of Byron provide a rural scenic backdrop from Byron and thus Byron Highway and Camino Diablo Road are designated as County scenic routes as they primarily provide expansive, unobstructive views of the rolling hills and ridgelines (Contra Costa County 2005a). There are no designated or eligible cultural, historical or natural resources that could be considered important visual resources within the project area as reported in the technical studies prepared for this project (CardnoEntrix 2014a,b,c, California Office of Historic Preservation 2014, ICF International 2014). a) Would the project have a substantial adverse effect on a scenic vista? The rolling hills and Mount Diablo ridgelines to the west provide a rural scenic backdrop from Byron. The project will introduce a traffic signal at a main intersection in downtown Byron and remove approximately 35 ornamental trees, primarily palm, cypress, and olive, from the frontage of residential properties that immediately adjoin Byron Highway on the east side and the north side of Camino Diablo Road to accommodate the road widening. Removal of the trees will not have a substantial effect on the scenic vista. The traffic signal will not have a substantial adverse effect on a scenic vista as the location of the traffic signal will be placed at a location where views of the hills to the west are obscured by mature trees and buildings west of downtown Byron. Further, introduction of a traffic light would not substantially obstruct views. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx b) Would the project substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? While Byron Highway is identified as a County Scenic Route, Byron Highway is not an officially designated or eligible State Scenic Highway (Caltrans 2015). Further, the ornamental trees that will be removed are not considered scenic resources as they are not native heritage trees or trees of local significance; there are no designated or eligible cultural, historical or natural resources that could be considered important scenic resources within the project area. Therefore, the project will have no impact. c) Would the project substantially degrade the existing visual character or quality of the site and its surroundings? The traffic light will not substantially degrade the existing visual character or quality of the site and surrounding area as the traffic signal will be installed in the developed area of Byron that contains similar infrastructure features such as overhead utility poles and lines and railroad crossing arms. The vegetation removal will not be substantial considering other mature vegetation that occur on these properties and in the area. Construction of the project will impact the visual character of this area but it will be temporary. Therefore, project impacts will be less than significant. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? The traffic signal will create a permanent source of light however the light would not adversely affect day or nighttime views in the area as it will not be substantial. Further, the glare from the lights would not result in nuisance to nearby residences considering that the lights will be located in an area that is primarily adjoined by commercial businesses. Construction will take place during the daylight hours and therefore, will not create a nighttime light source. Therefore, project impacts will be less than significant. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx II. AGRICULTURE AND FOREST RESOURCES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act Contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non-agricultural use or conversion of forest land to non-forest use? Regulatory Background The Farmland Mapping and Monitoring Program (FMMP) was established in 1982 in response to a critical need for assessing the location, quality, and quantity of agricultural lands and conversion of these lands over time. FMMP is a non-regulatory program that provides a consistent and impartial analysis of agricultural land use and land use changes throughout California (California Department of Conservation [CDC] 2015). In order to be shown on FMMP’s Important Farmland Maps as Prime Farmland and Farmland of Statewide Importance land must have been used for irrigated agricultural production at some time during the four years prior to the Important Farmland Map date and must meet physical and chemical soil criteria as determined by the Natural Resource Conservation Service. Prime Farmland has the best combination of physical and chemical features able to sustain long term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Farmland of Statewide Importance is similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Unique Farmland is of lesser quality soils used for the production of the state's leading agricultural crops; this land is usually irrigated, but may include non-irrigated orchards or vineyards as found in some climatic zones in California (CDC 2015). In addition, land may be enrolled under the ‘Prime Agricultural Land’ designation under the state’s Williamson Act if it meets certain economic or production criteria. The California Land Conservation Act of 1965, commonly known as the Williamson Act (Act), created a program to help counties preserve agricultural land and open space by offering a tax incentive to property owners. The Act provides an arrangement where private landowners voluntarily restrict their land to agricultural and compatible open space uses under a contract with the County. (Contra Costa County Department of Conservation and Development 2015). G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx CEQA Guidelines address farmland conversion impacts directly in two ways; first, cancellation of Williamson Act contracts for parcels exceeding 100 acres is an action considered to be of “statewide, regional, or area- wide significance, and thus subject to CEQA review (CEQA Guidelines Section 15206(b)(3)). Second, a project that would convert prime agricultural land to non-agricultural use or impair the agricultural productivity would normally have a significant effect on the environment.” No set acreage of prime farmland conversion has been determined by case law or regulatory framework which would constitute a significant impact (California Natural Resources Agency 2015). a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? The project will not convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance as no farmland with these designations occurs within or immediately adjacent to the project area as shown on the Contra Costa County Important Farmland Map (2012). Therefore, the project will have no impact. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act Contract? The project will not conflict with existing zoning for agricultural use or a Williamson Act Contract as the project will not affect farmland with an existing Williamson Act contract as shown on the Contra Costa County Agricultural Preserve Map (2012). Therefore, the project will have no impact. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? The project will not conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g) because no forest land or timberland is present within or adjacent to the project area. Therefore, the project will have no impact. d) Would the project result in the loss of forest land or conversion of forest land to non-forest use? The project will not result in the loss of forest land or conversion of forest land to non-forest use because forest land is not present within or adjacent to the project area. Therefore, the project will have no impact. e) Would the project involve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non-agricultural use or conversion of forest land to non-forest use? The project will not result in conversion of farmland to non-agricultural use or forest land to non-forest use as no farmlands or forest land occur within or adjacent to the project area. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx III. AIR QUALITY Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is a non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Regulatory Background The federal Clean Air Act (CAA) requires the U. S. Environmental Protection Agency (USEPA) to set National Ambient Air Quality Standards (NAAQS) for six common criteria air pollutants: particulate matter, ground-level ozone, carbon monoxide, sulfur oxides, nitrogen oxides, and lead. Of the six pollutants, particle pollution and ground-level ozone are the most widespread health threats. The CAA requires the USEPA to designate areas as meeting (attainment) or not meeting (nonattainment) the standards (USEPA 2015). In addition, the California Health and Safety Code requires the California Air Resources Board (CARB), a division of the California EPA, to establish and periodically review area designation criteria for state standards, which are more stringent. The project is located within the San Francisco Bay Area Air Basin which is currently designated as nonattainment for national and state ozone and particulate matter standards (Bay Area Air Quality Management District [BAAQMD] 2015a,b). The CAA also requires states to develop a general plan to attain and maintain the NAAQS and a specific plan to attain the standards for each nonattainment area. The CARB and the BAAQMD periodically prepare and update these plans in cooperation with regional agency partners. These plans usually define control strategies to reduce air pollutant emissions from industrial facilities, commercial processes, motor vehicles, and other sources which are typically implemented through a combination of regulations enforced by the BAAQMD, grant and incentive programs, public education and outreach, and partnerships with other agencies and stakeholders. The current air quality plan is the 2010 Clean Air Plan which includes the most recent ozone attainment plan and focuses on reduction of ozone, particulate matter, and greenhouse gases (GHGs) (BAAQMD 2010a). In order to address GHGs, which include criteria air pollutants (regional pollutants) and toxic air contaminants (local pollutants), the BAAQMD adopted CEQA thresholds of significance and updated its 1999 CEQA Air Quality Guidelines in 2010 to assist lead agencies in evaluating air quality impacts to determine if a project’s individual emissions would be cumulatively considerable. Various modeling tools are used to estimate emissions based on the type of project (i.e., land use develo pments, linear transportation and utility projects) (BAAQMD 2010b, 2011). However, the BAAQMD’s 2010 adopted thresholds were challenged in a lawsuit and in March 2012 the Alameda County Superior Court issued a judgment finding that the BAAQMD had failed to comply with CEQA when it adopted the 2010 G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx thresholds of significance. As such, the 2010 thresholds are not formally in place pending CEQA review and have been pulled from the 2011 CEQA Guidelines which were updated in 2012 to omit the thresholds to reflect this ruling (BAAQMD 2012). In the interim, while the BAAQMD has indicated that Lead Agencies may rely on BAAQMD’s updated CEQA Guidelines for assistance in calculating air pollution emissions, obtaining information regarding health impacts of air pollutants, and identifying potential mitigation measures, the BAAQMD suggests that Lead Agencies determine appropriate thresholds for each project, and consider the 1999 thresholds along with the evidence in record for the project to determine air quality impacts. The deferral of the 2010 thresholds was based on a procedural action and not on the scientific merits of the thresholds. For this reason, the 2010 thresholds were used to determine the project impacts. The 1999 and 2012 CEQA Guidelines were also consulted (BAAQMD 1999, 2010b, 2012). In addition to criteria air pollutants, naturally-occurring asbestos (NOA), a toxic air contaminant, is also an air pollutant of concern. It can cause lung cancer and mesothelioma which is dependent upon the type of asbestos fibers inhaled and exposure levels. NOA is typically associated with serpentinite and ultramafic rocks formed in high-temperature environments below the surface of the earth when metamorphic conditions are right for the formation of asbestos. The BAAQMD requires that projects implement the best available dust control measures where NOA is likely to be found in order to reduce dust emissions as well as notification to the BAAQMD (BAAQMD 2015c, CARB 2015). The project area is not located within an area identified as having rocks associated with NOA (California Department of Conservation 2000). a) Would the project conflict with or obstruct implementation of the applicable air quality plan? There will be no operational air quality impacts as the project will not increase capacity of the roadways and thus will not contribute to an increase of air pollutant emissions. However, construction of the project will result in temporary increases of air pollutant emissions. Construction-related activities generate criteria air pollutants including carbon monoxide, sulfur dioxide, particulate matter as well as precursor emissions such as reactive organic gases and oxides of nitrogen and GHGs from equipment and vehicle exhaust, fugitive dust from soil movement, and off-gas emissions from asphalt paving. Therefore, anticipated construction emissions such as areas of disturbance, vehicle and truck trips, construction equipment to be used, duration of use, and other features were quantified by an air quality specialist using the Sacramento Metropolitan Air Quality Management District Road Construction Emissions Model (RoadMod) (version 7.1.5.1) to determine if project-related construction emissions exceed the BAAQMD 2010 significance thresholds (LSA Associates 2015). The anticipated types of construction equipment that will be used include excavators, graders, scrapers, loaders, sweepers/scrubbers, plate compactors, rollers, backhoes, and pavers (although would not be used during all construction phases). The total project site is approximately 3 acres of which approximately 1.5 acres consist of paved roads. Approximately 1,300 cubic yards of roadway material and soil will be excavated and off-hauled from the project site and approximately 2,000 cubic yards of soil will be imported to the site.. The results of the model (as shown in the table below) indicate that estimated project construction emissions would not exceed thresholds. Further, project contract specifications require that the construction contractor comply with applicable air pollution control regulations and practices such as limiting equipment idling time, implementing dust control measures, and ensuring all construction machinery and vehicles are properly tuned. In addition, signs with contact name and phone number will be publicly posted for construction emission complaints. The project will not conflict with or obstruct implementation of the Clean Air Plan as project-related emissions were estimated in accordance with the BAAQMD Air Quality Guidelines and determined to be below thresholds. Therefore, project impacts will be less than significant. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx Phases ROG (lbs/day) CO (lbs/day) NOx (lbs/day) PM10 Exhaust (lbs/day) PM2.5 Exhaust (lbs/day) CO2 (lbs/day) Fugitive Dust PM10 PM2.5 (lbs/day) (lbs/day) Grubbing/Land Clearing 3.1 15.8 28.1 1.6 1.4 3,008 5.0 1.0 Grading/Excavation 2.4 11.5 20.4 1.3 1.2 2,612 5.0 1.0 Drainage/Utilities/Su b-Grade 4.1 20.9 38.1 2.1 1.9 4,234 5.0 1.0 Paving 2.6 15.0 21.9 1.4 1.3 2,680 - - Maximum (pounds/day) 4.1 20.9 38.1 2.1 1.9 4,234 5.0 1.0 BAAQMD 2011 CEQA Criteria 54 54 82 54 Less than Threshold? Yes Yes Yes Yes ROG: reactive organic gases; CO: carbon monoxide; NOx: nitrogen oxides; PM10: particulate matter (10 microns or less); PM2.5: particulate matter (2.5 microns or less); CO2: carbon dioxide. b) Would the project violate any air quality standard or contribute to an existing or projected air quality violation? The project will not violate any air quality standard or contribute to an existing or projected air quality violation as estimated project-related emissions were determined not to exceed the daily construction- related thresholds as discussed above in item (a). In addition, the project will comply with contract requirements for air pollution control practices. Therefore, project impacts will be less than significant. c) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is a non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? The project is located within the San Francisco Bay Area Air Basin which is currently designated as nonattainment for national and state ozone and particulate matter standards. The project will not result in a cumulatively considerable net increase of any criteria pollutant as estimated project-related emissions were determined not to exceed the daily construction-related thresholds as discussed above in item (a). In addition, the project will comply with contract requirements for air pollution control practices. Therefore, impacts will be less than significant. d) Would the project expose sensitive receptors to substantial pollutant concentrations? Sensitive receptors are locations of human populations such as residences, hospitals, schools, day care centers, retirement homes, and convalescence facilities where there is reasonable expectation of continuous human exposure to poor air quality standards (California Air Resources Board [CARB] 2005). Construction-related emissions can expose sensitive receptors to toxic air contaminants (TAC), including diesel particulate matter emissions which are considered to be the most significant potential TAC for construction projects (BAAQMD 2010b). Individuals particularly vulnerable to diesel particulate matter are children and the elderly. The BAAQMD CEQA significance threshold for potential effects of diesel particulate matter applies to the hypothetical exposure of a person continuously for 70 years. However, the BAAQMD considers fine particulate matter (PM2.5) to be the most significant TAC in terms of its potential to cause a wide range of health effects and recommends the analysis of TACs from construction activities to consider the types of off-site receptors and their proximity to construction activity, construction duration, quantity and types of diesel-powered equipment, number of hours of equipment operation, location(s) of equipment use, G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx distance to nearest off-site sensitive receptors, and orientation with respect to the dominant wind direction, location of equipment staging area, and amount of on-site diesel-generated PM2.5 exhaust (LSA Associates 2015). The project site is immediately adjoined by residences along the east side of Byron Highway and north and south sides of Camino Diablo Road; a gas station, convenience store, and small restaurant are located at the southeast corner of the intersection, and a truck staging facility is located just southwest of the intersection. As noted above, the anticipated types of construction equipment that will be used include excavators, graders, scrapers, loaders, sweepers/scrubbers, plate compactors, rollers, backhoes, and pavers. Construction would occur over a 4-month period and the greatest use of diesel-powered equipment would occur for approximately 30 working days, no more than 5 hours per day for 5 days per week. Based on wind statistics collected near Discovery Bay, winds in the project vicinity are from the west/northwest throughout the year. The highest wind speeds occur from March through June (5-6 mph) with wind speeds of 2-3 mph during the rest of the year (LSA Associates 2015). Winds from the west/northwest could potentially carry construction emissions and particulates toward the residences and gas station along the east side of Byron Highway and thus residences and customers could be temporarily affected. However, based on the construction emission analysis discussed above in item (a), the maximum amount of PM2.5 for any of the construction phases is estimated to be 1.9 lbs/day which is far less than the BAAQMD CEQA threshold of 54 lbs/day (LSA Associates 2015). Further, implementation of the project contract requirements for air pollution control practices (i.e., dust control) as discussed above in item (a) would greatly reduce fine particulate matter. Therefore, the project would not expose sensitive receptors to substantial pollutant concentrations and thus project impacts would be less than significant. e) Would the project create objectionable odors affecting a substantial number of people? The operational aspects of the project will not generate any objectionable odors. However, construction equipment exhaust and asphalt paving operations may create objectionable odors. Implementation of the project air pollution control requirements described above will minimize construction-related odors. Therefore, project impacts will be less than significant. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx IV. BIOLOGICAL RESOURCES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? Regulatory Background In 1973, the federal Endangered Species Act (ESA) was passed by Congress to protect ecosystems supporting special-status species to be administered by the U. S. Fish and Wildlife Service (USFWS). The California Endangered Species Act was passed as a parallel act to be administered by the California Department of Fish and Wildlife (CDFW). Special-status plant and wildlife species are defined as those species listed as Endangered, Threatened, or Proposed for listing or are designated as Fully Protected species under one or more of the following regulatory status:  Federal Endangered Species Act, as amended (Code of Federal Regulations, Title 50, Section 17);  California Endangered Species Act (California Code of Regulations Title 14, Section 670.5);  California Fish and Game Code (Section 1901, 2062, 2067, 3511, 4700, 5050, and 5515);  Species considered to be rare or endangered under the conditions of Section 15380 of the CEQA G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx Guidelines such as those identified in the Inventory of Rare and Endangered Vascular Plants of California by the California Native Plant Society (CNPS) (Native Plant Protection Act of 1977); and  Other species that are considered sensitive or of special concern due to limited distribution or lack of adequate information to permit listing, or rejection for state or federal status such as Species of Special Concern (SSC) designated by the CDFW as well as locally rare species defined by CEQA Guidelines 15125(c) and 15380, which may include species that are designated as sensitive, declining, rare, locally endemic or as having limited or restricted distribution by various federal, state, and local agencies, organizations, and watchlists such as those identified in the CDFW California Natural Diversity Database; as well as birds and raptors protected under the Federal Migratory Bird Treaty Act (16 U.S.C. 703-711) (Executive Order 13186). East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan The project is located within the HCP/NCCP inventory area and is a covered activity. The HCP/NCCP is intended to provide an effective framework to protect natural resources and special-status species recovery in eastern Contra Costa County while improving and streamlining the environmental permitting process for impacts on these species and associated habitats. The HCP/NCCP complies with Section 10(a)(1)(B) of the federal ESA and California Natural Community Conservation Planning Act of 2003 and as such covered activities are authorized incidental take of HCP/NCCP-covered special-status species subject to mitigation fees for both permanent and temporary impacts to species habitats and implementation of specific conditions and conservation measures to avoid or minimize potential effects to species and/or its habitats. The HCP/NCCP requires reporting and fee payment to the HCP/NCCP Implementing Entity, the East Contra Costa County Habitat Conservancy (Habitat Conservancy), a joint exercise of powers authority formed by the Cities of Brentwood, Clayton, Oakley and Pittsburg and Contra Costa County (Jones & Stokes 2006). Environmental Setting Qualified biologists conducted a habitat assessment to identify habitats within and around the project area to determine if sensitive habitats, natural communities, and jurisdictional wetlands and waters of the U.S. occur as well as potential presence of special-status species. Considering that this project will receive federal aid from Caltrans, the federal lead agency on behalf of the Federal Highway Administration, a habitat assessment report (Natural Environment Study-Minimal Impact [NES-MI]) was prepared in accordance with Caltrans guidance for compliance with the National Environmental Policy Act. Special-status species not specifically covered by the HCP/NCCP were addressed in this report. Site visits were conducted in May 2014. To prepare for the field surveys, biologists reviewed the following existing resource information to evaluate whether special-status species or other sensitive biological resources (e.g., wetlands) could occur in the study area and vicinity (ICF International 2014a,b):  Sensitive species from the California Natural Diversity Database (CNDDB) (2014) that have been documented within the U.S. Geological Survey (USGS) 7.5-minute Byron Hot Springs Quadrangle and a two-mile radius of the project site.  CNPS Inventory of Rare and Endangered Plants of California (2014) for the USGS 7.5-minute Byron Hot Springs Quadrangle.  Threatened and endangered species provided by the USFWS for the USGS 7.5 -minute Bryon Quadrangle (2014).  Kruckeberg, A. R. 1954. The Ecology of Serpentine Soils: A Symposium. III. Plant species in relation to serpentine soils. Ecology 35:267–274.  ________. 1984. California Serpentines: Flora, Vegetation, Geology, Soils, and Management Problems. Berkeley, CA: University of California Press.  Google Earth historic aerial imagery (2014)  National Wetland Inventory maps G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx Habitats within the project area consists of roadways, gravel roadside parking areas, and ruderal portions between the railroad and roads, and ornamental landscaping associated with the adjacent residences. Small roadside ditches drain via pipe culverts to a seasonal depressional wetland located immediately west of the concrete box culvert under Byron Highway at the intersection (Figure 3). a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Based on the results of the resource information search, the following special-status species were determined to potentially occur in the project vicinity: Species Listing Status Federal/State Potential to Occur in Project Area Wildlife California red-legged frog (Rana draytonii) T/SSC None California tiger salamander (Ambystona californiense) T/T None San Joaquin kit fox (Vulpes macrotis mutica) E/T None Swainson’s hawk (Buteo swainsoni) MBTA/T None Burrowing owl (Athene cunicularia hypugaea) MBTA/SSC None Golden eagle (Aquila chrysaetos) MBTA/FP None Loggerhead shrike (Lanius ludovicianus) MBTA/SSC Possible Northern harrier (Circus cyaneus) MBTA/SSC Possible – observed nearby during survey White-tailed kite (Elanus leucurus) MBTA/FP Possible – observed nearby during survey California horned lark (Eremophila alpestris actia) MBTA/- Possible Ferruginous hawk (Buteo regalis) MBTA/- Possible Prairie falcon (Falco mexicanus) MBTA/- Possible Curved foot hygrotus beetle (Hygrotus curvipes) -/- Possible Plants Alkali milk-vetch (Astragalus tener var. tener) -/-/CNPS 1B None Brittlescale (Atriplex depressa) -/-/CNPS 1B None San Joaquin spearscale (Atriplex joaquiniana) -/-/CNPS 1B None Big tarplant (Blepharizonia plumosa) -/-/CNPS 1B.1 None Recurved larkspur (Delphinium recurvatum) -/-/CNPS 1B None Diamond-petaled poppy (Eschscholzia rhombipetala) -/-/CNPS 1B.1 None Stinkbells (Fritillaria agrestis) -/-/CNPS 4 None Chaparral ragwort (Senecio aphanactis) -/-/CNPS 2.2 None Caper-fruited tropidocarpum (Tropidocarpum capparideum) -/-/CNPS 1B.1 None (E) Endangered; (T) Threatened; (SSC) Special Species of Concern; (MBTA) Migratory Bird Treaty Act; (FP) Fully Protected; (CNPS 1B) presumed extinct in California; (CNPS 1B.1) seriously endangered in California; (CNPS 2) rare, threatened, or endangered in California but more common elsewhere; (CNPS 2.2) fairly endangered in California [20-80% of occurrences threatened; (CNPS 4) limited distribution or infrequent throughout a broader area in California. After the field survey within and adjacent to the project area and further evaluation of species requirements and habitats, it was determined that with the exception of MBTA-protected species, the remaining special-status species are not likely to occur within the project area due to lack of suitable habitat. MBTA-protected birds and raptors have the potential to occur due to the presence of trees and shrubs that occur within or near the project area. No rare plant species were observed and they are not likely to occur within the project area due to lack of suitable habitat (ICF International 2014). Further, the project is located within the HCP/NCCP and permanent and temporary impacts to undeveloped habitats ! ! ! ! ! ! ! ! ! ! ! ! ! B y r o n H i g h w a y Camino Diablo U n i o n P a c i f i c R a i l r o a d Figure 2Land CoverPath: K:\Projects_3\County_of_Contra_Costa\00218_14_ByronHwy_CaminoDiabl\mapdoc\Fig_2_LandCover_20140604.mxd; User: 29391; Date: 6/19/20140 400200 Feet´ Source: Basemap, ESRI 2013 Legend Project SiteBiological Study Area !CulvertHabitatDepresional Seasonal Wetland RuderalWaters of the USDeveloped G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx will be mitigated by payment of fees to the Habitat Conservancy regardless if sensitive habitats and/or species are present. POTENTIAL IMPACT BIO-1: NESTING BIRDS AND RAPTORS Construction of the project will require removal of trees and shrubs located within the frontages of residential properties along the east side of Byron Highway and north side of Camino Diablo Road, which is expected to occur between April and October of the construction year. The general avian nesting season is February 1 – August 31 (Swainson’s hawk: March 15 – September 15). Therefore, the project may directly or indirectly impact listed and/or MBTA-protected nesting birds and/or raptors if present. The project is not anticipated to impact these species with implementation of the following avoidance measures. Therefore, project impacts will be less than significant. AVOIDANCE MEASURE BIO-1A: NESTING BIRDS AND RAPTORS  If feasible, the trees and shrubs will be removed during the non-nesting season (September 16 – January 31).  If not feasible, a qualified biologist will conduct nesting bird surveys prior to start of project-related activities. In accordance with the HCP/NCCP, surveys for golden eagle will be conducted within a ½- mile radius and 1,000 feet for Swainson’s hawk.  If no active nests are found within the survey area, no further avoidance measures will be necessary. If active nest(s) are found, work will stop and the qualified biologist will evaluate the situation and determine the appropriate non-disturbance buffer zone in consultation with the California Department of Fish and Wildlife (CDFW) and the U.S. Fish and Wildlife Service (USFWS) Migratory Bird Permit Office. If buffers are established but it is determined that project activities are resulting in nest disturbance, work will cease immediately and the CDFW and USFWS will be contacted for further guidance. IMPACT BIO-1B: HCP/NCCP HABITATS The project is located within the HCP/NCCP inventory area and will have permanent and temporary impacts to undeveloped habitats (approximately 1.3 acres). The following mitigation measure will be implemented to offset impacts to undeveloped habitats. Therefore, project impacts will be less than significant with mitigation incorporated. MITIGATION MEASURE 1B: HCP/NCCP HABITATS The project will mitigate permanent and temporary impacts to undeveloped habitats by fee payment to the Habitat Conservancy regardless if sensitive habitats and/or species are present. The fee is based on the impact acreage to undeveloped habitats, which is approximately 1.3 acres. The development fee per acre for permanent and temporary impacts is $12,117.05 and therefore, approximately $2,313 will be paid. In addition, applicable avoidance and minimization measures noted above for nesting birds and raptors and below in item (c) will be implemented which are required by the HCP/NCCP. A Mitigation and Monitoring Reporting Plan (MMRP) will identify when these measures will be implemented, the parties that are responsible for ensuring implementation of these measures, and verification that the measures were implemented. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Trees and shrubs associated with residential landscaping along Byron Highway and Camino Diablo Road will need to be removed to accommodate the road widening. While these trees are not G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx considered sensitive natural communities they may provide nesting habitat for birds and/or raptors. Therefore, as described above, the trees and shrubs will be removed outside of the nesting season, and if not feasible, nest surveys will be conducted by a qualified wildlife biologist prior to tree removal and construction to ensure no active nests will be disturbed. If active nests are found, the CDFW and/or USFWS will be contacted for further guidance. Therefore, project impacts will be less than significant. c) Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? A seasonal depressional wetland is located immediately west of the concrete box culvert under Byron Highway southwest of the intersection which collects stormwater runoff from small roadside runoff and piped culverts along Camino Diablo. Vegetation in this wetland consisted of scattered patches of Italian rye grass, a non-wetland species that occur in wetlands. This wetland feature is expected to be subject to U. S. Army Corps of Engineers (USACE) and Regional Water Quality Control Board (RWQCB) jurisdictions; a wetland delineation verification will be requested from the USACE prior to construction. The project will not permanently impact this wetland but temporary impacts may occur to construct the project and therefore, a permit application will be submitted to the USACE and RWQCB to receive authorization for the temporary impacts. The drainage ditch is ephemeral and likely only carries water during storm events where they receive both direct precipitation and urban runoff. During the field survey, the ditch was dry and either characterized by either barren clay soil or dominated by Bermuda grass, another non-wetland species that occur in wetlands. Although the ditch was constructed in uplands, aerial imagery indicates that flow from the drainage ditch and through the culvert under Byron Highway into a drainage ditch east of Byron Highway that eventually ties into the Byron-Bethany Irrigation Canal which is considered waters of the U. S. as it connects to Old River in the Delta. Therefore, the drainage ditch could be considered other waters of the U.S. (and State) that are expected to be subject to regulation by the USACE and RWQCB. This feature will also be addressed in the wetland verification request. The project will not permanently impact the drainage ditch, but temporary impacts may occur to construct the project and therefore, permit applications will be submitted as discussed above. POTENTIAL IMPACT BIO-2A: SEASONAL WETLAND The project may temporarily impact this wetland to construct the project. If the impact to the wetland can be avoided, the following avoidance measures as required by the HCP/NCCP will be implemented to avoid impacts. Therefore, project impacts will be less than significant. AVOIDANCE MEASURE BIO-2A: SEASONAL WETLAND  The wetland will be temporarily staked by a qualified biologist.  Temporary filter and Environmental Sensitive Area (ESA) fencing will be erected between the outer edge of the buffer zone and the project area.  Construction personnel conducting ground-disturbing activities adjacent to the wetland will be trained by a qualified biologist of these measures and permit obligations of the County.  Trash generated during construction will be promptly and properly removed from the site.  Appropriate erosion control measures will be used such as filter fences and hydroseeding which will not contain invasive nonnative species and will be composed of native or sterile nonnative species. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx IMPACT BIO-2B: SEASONAL WETLAND The project may temporarily impact this wetland to construct the project. If temporary impacts to the wetland cannot be avoided, the impact will be minimal (<0.001 acre) and the following mitigation measure will be implemented. Therefore, project impacts will be less than significant with mitigation incorporated. MITIGATION MEASURE BIO-2B: SEASONAL WETLAND  Impacts to the wetland will be mitigated through payment of applicable temporary impact fees to the Habitat Conservancy. In addition, the disturbed areas will be re-vegetated with the appropriate wetland seed mix to return the wetland to pre-project conditions in accordance with the HCP/NCCP and anticipated permit conditions.  Permits will be obtained from the USACE and RWQCB and applicable best management practices as conditioned in the permits will be implemented to minimize impacts to downstream waters and seasonal wetlands.  Avoidance Measure BIO-2A will also be implemented. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The project will not result in permanent disruption to movement of wildlife species. However, activities associated with construction of the project may temporarily inhibit dispersal, migration, and daily movement of common wildlife. This disruption is temporary and short term in nature. Therefore, project impacts will be less than significant. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? The project will not conflict with any local policies or ordinances protecting biological resources as potential impacts and anticipated impacts will be avoided where feasible and where not feasible will be mitigated through the HCP/NCCP which is consistent with the policies included in the Conservation Element section of the County General Plan. The project is not subject to the County Tree Ordinance (Contra Costa County Cod e [CCCC] Title 8, Chapter 816-6.10(6) as the County Public Works Department for tree trimming and clearing within public ROWs. Therefore, the project will have no impact. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The project is consistent with the HCP/NCCP mitigation fees will be paid to offset impacts and the required surveys and implementation of avoidance and minimization measures as described above. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx V. CULTURAL RESOURCES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Regulatory Background CEQA requires lead agencies to determine if a project will have an adverse impact on a significant cultural resource (includes historical and archaeological) (Public Resources Code Sections 21084, 21084.1, 21083.2). A resource is considered significant if it 1) is listed in or has been determined eligible for listing in the California Register of Historic Resources (CRHR); 2) is included in a local register of historical resources, as defined in Public Resources Code 5020.1(k); 3) has been identified as significant in an historical resources survey, as defined in Public Resources Code 5024.1(g); or 4) is determined to be historically significant by the CEQA lead agency [CCR Title 14, Section 15064.5(a)]. The following CRHR eligibility criteria need to be considered when making a significance determination. 1. is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; 2. is associated with the lives of persons important in our past; 3. embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of an important creative individual, or possesses high artistic values; or 4. has yielded, or may be likely to yield, information important in prehistory or history. If a significant resource will be impacted, the lead agency must determine whether there is "substantial evidence" in the administrative record to support a finding of significant effect (Section 21080(e)). CEQA requires examination of mitigation measures or feasible project alternatives that would avoid or minimize any impacts or potential impacts. Cultural and Historical Resource Assessment In order to determine if the project area contains potential significant cultural and/or historical resources, a qualified cultural resource specialist conducted research of recorded sites and surveys and historic maps and literature at the Northwest Information Center (NWIC) at California State University, Sonoma as well as at various libraries and local historical societies for historic context and backgrounds, contacted the Native American Heritage Commission and Contra Costa County record offices, and conducted a field survey of the project area. Considering that this project will receive federal aid from G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx Caltrans, the federal lead agency on behalf of the Federal Highway Administration, historical and archaeological assessment reports were prepared (Historic Property Survey Report, Historic Resource Evaluation Report, Archaeological Survey Report) in accordance with Caltrans guidance for compliance with NEPA (CardnoEntrix 2014a,b,c). Historical Overview and Results Byron is a small unincorporated community that consists of residential and light commercial and retail development in its downtown area primarily developed in the early twentieth century surrounded by rural residential and farm lands. The project area is adjoined by residences along the east side of Byron Highway and railroad tracks along the west side. A gas station occupies the southeast corner of the intersection and a trucking company southwest of the intersection. Residences primarily adjoin the north and south sides of Camino Diablo within the project area and small commercial and retail buildings fronting Main Street are located just north of Camino Diablo (Figure 2). Residential frontage properties along Byron Highway and Camino Diablo primarily range from 0.5 to 2 acres. The majority of the lots are rectangular, with narrow footages and deep rear yards with the majority featuring a single-family residence and a small number of ancillary structures including secondary dwellings, sheds, garages, and small barns. A railroad along the west side of Byron Highway was constructed in 1878 and operated as a freight and passenger line. Construction of the railroad fostered development of the town both by creating Byron as a bustling commercial and residential stop along the line, and by providing ready markets for numerous farms and other extractionary industries operating in the town’s periphery. Thus, Byron developed as an intermediary between the railroad and the surrounding working landscape, with the economic, social, and physical development of the town in large predicated upon the ongoing development of transportation infrastructure and the evolving regional economic activities it afforded (CardnoEntrix 2014b). a) Would the project cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? Most of the properties that will be impacted by the project (sliver rights-of-way takes) contain structures older than 50 years and thus were evaluated by an architectural historian to determine their significance which included record searches and visual inspection of the project area on foot, along with an archaeologist. No evidence of historical materials was encountered during the field survey and the residential buildings located on the properties were not listed or eligible for listing on the National Register of Historic Places or the California Register of Historic Places (CardnoEntrix 2014a,b). The evaluations determined that none of the structures were eligible for listing which was confirmed by the California Office of Historic Preservation (2014). Therefore, the project will not create a substantial adverse change in the significance of a historical resource. Regardless of these results, project contract specifications will include contingency plans to address any unearthed historical resources. These will include the stoppage of work in the immediate area of any discovery and having a qualified archeologist evaluate the finding. Therefore, project impacts will be less than significant. b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? As discussed above, a records search and field survey were conducted which did not reveal any recorded or unrecorded archaeological resources (CardnoEntrix 2014c). Therefore, the project will not create a substantial adverse change to archaeological resources of significance. Regardless of these results, project contract specifications will include contingency plans to address any unearthed historical resources. These will include the stoppage of work in the immediate area of any discovery and having a qualified archeologist evaluate the finding. Therefore, project impacts will be less than significant. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx c) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geological feature? The project will not destroy any unique paleontological resources or sites because the project is underlain primarily by alluvium soil deposits which are not considered formations that include unique paleontological features (Contra Costa County 2005d). However, if paleontological resources are encountered, work will stop in the vicinity of the finding and a qualified paleontologist will evaluate the findings. Therefore, project impacts will be less than significant. d) Would the project disturb any human remains, including those interred outside of formal cemeteries? The project will not impact any formal or informal cemeteries because none are present within or adjacent to the project location. In order to determine if there are any unrecorded burial grounds and/or sacred land sites in the vicinity of the project area, a list of Native American tribal representatives for the region was obtained from the Native American Historic Commission (NAHC). The listed Native American representatives were notified of the project via certified mail and follow up emails or phone calls. None of the representatives who provided responses expressed any concerns relating to this project (CardnoEntrix 2014c). Construction work will stop if human remains are encountered and the appropriate contacts will be made including immediately contacting the County Coroner, NAHC, and a qualified archeologist to determine how to appropriately deal with the remains in accordance with the California Health and Safety Code (Health and Safety Code Section 7050.5[b]). Therefore, project impacts will be less than significant. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx VI. GEOLOGY AND SOILS Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1 Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division 2 Strong seismic ground shaking? 3 Seismic-related ground failure, including liquefaction? 4 Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater? Environmental Setting Geology The Quaternary Alluvium geological formation occurs beneath the project area which consists of consolidated and unconsolidated sediments and can cause localized problems for building due to expansive clays, hillside earth flows and unstable cut slopes (Contra Costa County 2005d). Soil Soil types in the project area consists of Brentwood Clay loam and Capay clay. Brentwood soils are on nearly level to gently sloping fans and formed in valley fill from sedimentary rocks and are well to moderately well - drained with very slow to medium runoff and moderately slow permeability. Capay soils are on all uvial fans, alluvial flats, in interfan basins, basin rims and basins at elevations below 1,200 feet. They formed in moderately-fine and fine-textured alluvium derived from sandstone and shale or other mixed rock sources. Slopes are 0 to 9 percent. The soils are moderately well-drained with negligible to high runoff and slow to very slow permeability (ICF International 2014; U. S. Department of Agriculture 2015). The boring logs results reported in a monitoring workplan for the adjacent gasoline service station (Valero) indicated the soil to be mostly silty clay to the explored depth of 20 feet below ground surface (AGS 2014). G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx Seismic Hazards Contra Costa County is located within a region of high seismicity; the San Francisco Bay Region has been impacted by severe earthquakes during historic time (Contra Costa County 2005d). In order to provide safety of structures for human occupancy, the Alquist-Priolo Earthquake Fault Zoning Act was passed in 1972 to mitigate the hazards. The law requires the State Geologist to establish regulatory zones (known as Earthquake Fault Zones) around the surface traces of active faults and to issue appropriate maps. The project area is not located within or near a fault zone (California Department of Conservation 2015). a) Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving? 1 Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division The project is not expected to expose people or structures to potential substantial adverse effects from a rupture of a known earthquake fault as the project area is not within an Alquist-Priolo Fault Zone and there are no known faults within the project area. Although, a thrust fault is shown to occur approximately 3 miles east of the project area and seismic activity of about 2.0 magnitude has occurred between 1934 and 1971 in the Byron area (Contra Costa County 2005d). While thrust faults are not considered to pose a risk of surface rupture it is considered a potential seismic source. The project does not include features that would increase risk to people or structures as it is primarily limited to shoulder widening of an existing roadway and installation of traffic signal light structures. Nevertheless, the project design and construction will incorporate measures that are in accordance with local design practice and guidelines to ensure the project will withstand seismic activity as defined in the Caltrans Highway Design M anual. Therefore, project impacts will be less than significant. 2 Strong seismic ground shaking? As discussed above, while the project area is not located in a fault zone, a thrust fault is located to the east and while not considered to pose a risk of surface rupture it is considered a potential seismic source. The project area is located within in an area known to have moderate damage susceptibility; dry alluvium areas will perform satisfactory whereas as water-saturated areas are potentially hazardous (Contra Costa County 2005d). As discussed above, the project is not expected to expose people or structures to potential substantial adverse effects as the project does not include features that would increase risk to people or structures as it is primarily limited to shoulder widening of an existing roadway and installation of traffic signal light structures. Nevertheless, the project design and construction will incorporate measures that are in accordance with local design practice and guidelines to ensure that the project will withstand seismic activity as defined in the Caltrans Highway Design Manual. Therefore, project impacts will be less than significant. 3 Seismic-related ground failure, including liquefaction? The project area is primarily located within a generally moderate to low liquefaction potential whereas the area along the east side of Byron Highway is located within a generally high liquefaction potential (Contra Costa County 2005d). The project design and construction will incorporate recommended measures in accordance with local design practice and guidelines as defined in the Caltrans Highway Design Manual to ensure that the project will withstand seismic activity and liquefaction. Therefore, project impacts will be less than significant. 4 Landslides? The project area is not located within a potential landslide area (Contra Costa County 2005d). Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx b) Would the project result in substantial soil erosion or the loss of topsoil? The project will not result in substantial soil erosion or the loss of topsoil because minor grading and excavation associated with the road improvements will result in a negligible change in topography. Construction of the project will temporarily increase the exposure of soils to wind erosion from grading and excavation activities. However, standard dust control and erosion control practices will be implemented during construction, including, but not limited to, general watering of exposed areas to minimize impacts. Therefore, project impacts will be less than significant. c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? As discussed above, the project area is not located within an area subject to landslides but within a moderate to low potential for liquefaction. The project design and construction will incorporate recommended measures in accordance with local design practice and guidelines as defined in the Caltrans Highway Design Manual to ensure that the project will withstand seismic activity and liquefaction. Further, the project is limited to lane and shoulder widening of an existing road and will not introduce new land uses that could be impacted by unstable soils. Therefore, project impacts will be less than significant. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? The project area is located on clay type soils, which tend to be expansive soils. The project will be engineered according to standard industry practice, which includes design considerations for soil type. Further, the project is limited to lane and shoulder widening of an existing road, which will not create substantial risk to life or property from expansive soils. Therefore, project impacts will be less than significant. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater? The constructed project and project construction will not require septic or other waste systems. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx VII. GREENHOUSE GAS EMISSIONS Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Regulatory Background Climate change refers to any significant change in measures of climate, such as average temperature, precipitation, or wind patterns over a period of time. There is a general scientific consensus that global climate change is occurring, caused in whole or in part by increased emissions of greenhouse gases (GHGs) that keep the earth’s surface warm by trapping heat in the atmosphere. Climate change may result from natural factors, natural processes, and human activities that change the composition of the atmosphere and alter the surface and features of the land (California Office of Planning and Research [OPR] 2008b). Assembly Bill 32 (AB 32), the California Global Warming Solutions Act of 2006, recognized that California is the source of substantial amounts of GHG emissions which poses a serious threat to the economic well-being, public health, natural resources, and the environment of California (OPR 2008b). Potential adverse impacts of global warming include severe air quality problems, a reduction in the quality and supply of water from the Sierra snowpack, a rise in sea levels causing the displacement of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems (OPR 2008b). This bill directed the California Air Resources Board (CARB) to begin developing discrete early actions to reduce GHGs to reach the GHG reduction goals by 2020. As discussed in the air quality section, in order to address global climate change associated with air quality impacts, CEQA statutes were amended to require evaluation of greenhouse gas (GHG) emissions (global pollutants) which includes criteria air pollutants (regional pollutants) and toxic air contaminants (local pollutants). As a result, the BAAQMD adopted CEQA thresholds of significance for criteria air pollutants and GHGs, and issued updated CEQA guidelines to assist lead agencies in evaluating air quality impacts to determine if a project’s individual emissions would be cumulatively considerable. Various modeling tools are used to estimate emissions based on the type of project (i.e., land use developments, linear transportation and utility projects) (BAAQMD 2010a). While the BAAQMD does not have an adopted threshold of significance for construction-related GHG emissions, sources of construction-related GHGs include exhaust (carbon dioxide, nitrous oxide) for which the same detailed guidance as described for criteria air pollutants and precursors should be followed (BAAQMD 2010b). a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? The constructed project would not result in an increase of GHG emissions as no additional travel lanes will be constructed; however, construction activities will generate GHGs through exhaust from construction equipment and vehicles. While the BAAQMD does not have an adopted threshold of G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx significance for construction related-GHG emissions Lead Agencies should quantify and disclose GHG emissions that would occur during construction, and make a determination on the significance of these construction-generated impacts. As discussed in the Air Quality section, estimated project construction emissions were determined to be below the thresholds of significance. Further, project contract specifications will require air pollution control practices. Therefore, project impacts will be less than significant. b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The project will not conflict with an applicable plan, policy or regulation as project emissions were estimated and determined to be below the thresholds of significance. Further, project contract specifications will require implementation of air pollution control practices. Therefore, project impacts will be less than significant. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx VIII. HAZARDS AND HAZARDOUS MATERIALS Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wild land fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Regulatory Background A material is considered hazardous if it appears on a list of hazardous materials prepared by a federal, state, or local agency, or if it has characteristics defined as hazardous by such an agency. The release of hazardous materials into the environment could potentially contaminate soils, surface water, and groundwater supplies. The California Environmental Protection Agency which consists of the Air Resources Board, Department of Pesticides Regulation, Department of Resources and Recycling and Recovery, Department of Toxic Substance Control (DTSC), Office of Environmental Health Hazard Assessment, and State Water Resources Control Board regulates hazardous materials and waste. Under Government Code Section 65962.5, the DTSC maintains a list of hazardous substance sites (CORTESE List) which includes leaking underground storage tank sites, hazardous material sites, and landfills with evidence of groundwater contamination. The Contra Costa County Health Services, Hazardous Materials Program serves area residents by responding to emergencies and monitoring hazardous materials (CalEPA 2015). G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx a) Would the project create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? The project will not create a significant hazard to the public or the environment because once constructed, the project would not result in routine transport, use or disposal of hazardous materials other than what already occurs by the traveling public. There is the potential for a release of hazardous substances from equipment operations (e.g., accidental petroleum spills) during construction. Project contract specifications will require that the contractor prepare a Water Pollution Control Plan (WPCP) to identify safety and best management practices (e.g., placement of drip pans under stationary equipment, routine equipment inspections, and on-site spill cleanup materials) to prevent accidental releases of hazardous substances and potential worker exposure. In addition, project contract specifications will require the contractor to contact Underground Service Alert (USA) prior to conducting any work that could potentially impact utilities. Therefore, project impacts will be less than significant. b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Construction activities will occur within the adjacent railroad track crossing. Some contaminants associated with the railroad may be encountered in the soil (AGS 2014). Therefore, a shallow subsurface investigation will be conducted in areas of planned excavation prior to construction. If contaminants are present, the excavated soil will be disposed of at an appropriate disposal facility and if levels are higher than agency-set limits, the appropriate agencies will be notified. In addition, as discussed above, there is the potential for a release of hazardous substances from construction equipment operations (e.g., accidental petroleum spills) during construction. The required preventative measures discussed above will minimize potential impacts to the environment and worker exposure. Therefore, project impacts will be less than significant with mitigation incorporated. IMPACT HAZ-1: CONTAMINATED SOIL The soil around the railroad track crossing may be contaminated with contaminants associated with the railroad operation. AVOIDANCE MEASURE HAZ-1: CONTAMINATED SOIL A subsurface investigation will be conducted prior to start of construction. If the soil is contaminated, the excavated soil will be disposed of at an appropriate disposal facility and the contractor will be required to prepare a health and safety worker plan. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school? The closest school is located approximately 1 mile from the project site. The constructed project will not emit hazardous emissions or handle hazardous or acutely hazardous materials or substances. While construction equipment exhaust will generate an increase in air pollutant concentrations, it would be temporary and effects would be negligible as estimated emissions were determined to be less than the BAAQMD thresholds of significance as discussed in the Air Quality section. Further, project contract specification requirements for air control pollution practices will be implemented. Therefore, the project will have no impact. d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The project is not located on a site or near a site that is included on a list of hazardous material sites compiled pursuant to Government Code 65962.5 (Cortese List). The adjacent gas station (Valero) had G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx leaking underground storage tanks and monitoring wells were installed in 2004; the case was closed by the RWQCB in 2008 (DTSC 2015, AGS 2014). Therefore; the project will have no impact. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area. The project is not located within 2 miles of a public airport; the closest public airport is the Byron airport, located approximately 2.5 miles south of the project area. Therefore, the project will have no impact. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? The project is not located in the vicinity of a private airstrip. Therefore, the project will have no impact. g) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The constructed project nor project construction will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan because access for emergency vehicles will be provided at all times during construction. Therefore, project impacts will be less than significant. h) Would the project expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires as the project area is not located adjacent to wildlands (CalFire 2007, 2009). Therefore, the project impact will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx IX. HYDROLOGY AND WATER QUALITY Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface run-off in a manner which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Environmental Setting Hydrological Resources The project is located in the lower part of the Brushy Creek watershed which receives an average annual rainfall of 10 inches or less. Brushy Creek has been diverted and altered by farmers in the north and eastern portions of the watershed where Brushy Creek enters the alluvial Plain (Contra Costa Watershed Atlas 2003). The project is not located within or adjacent to any water resources; the closest surface water features are Brushy Creek, located approximately 3 miles to the south, Clifton Court Forebay, located approximately 3 miles to the southeast, and Kellogg Creek, located approximately 4 miles to the west . However, there is an ephemeral drainage area located just southwest of the intersection which primarily receives stormwater G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx runoff from storm drain inlets and culverts along the unimproved shoulders (roadside ditches) of Camino Diablo Road. The drainage area drains flows into a concrete box culvert beneath Byron Highway. Based on field observations, stormwater flows is conveyed beneath the road into a corrugated metal pipe under that opens into an earthen drainage ditch along the south side of Camino Diablo Road, east of the intersection that appears to go behind the gas station. According to aerial imagery, it appears that the drainage ditch flows to the east behind the gas station and residences and then to the south where it eventually ties into the Byron-Bethany Irrigation Canal which connects to Old River. The project site is located at an elevation of approximately 33 feet above mean sea level. Based on a review of a workplan for groundwater monitoring wells installed for the present adjoining gasoline service station, 15031 Byron Highway, Byron, California (Valero), the groundwater flow direction ranged from the northeast to the southeast which is consistent with the topographic setting inferred from the USGS topographic map. Depth to groundwater measured from the same monitoring wells, ranged from 7 to 12 feet below ground surface (bgs). The Modesto, Riverbank, and Turlock Lake Formations and overlying recent alluvium are the principal sources of domestic ground water in the 13,500-square mile San Joaquin Valley Ground Water Basin (Basin 5-22) (AGS 2014). Flood Hazard Areas Special flood hazard areas are subject to 1% chance of flooding in any given year (100-year flood), also known as the base flood. The Federal Emergency Management Agency (FEMA) conducts flood elevation studies to determine flood-prone areas which are mapped for local communities to administer floodplain management regulations and mitigate flood damage as well as to determine flood insurance rates. FEMA produces flood insurance rate maps (FIRM) that show areas that have been evaluated which are updated periodically. The project area is located within a 100-year floodplain zone but no base flood elevation has been determined (FEMA 2009). a) Would the project violate any water quality standards or waste discharge requirements? The drainage area is potentially considered other waters of the U.S. (and the State) that could be expected to be subject to regulation by the U.S. Army Corps of Engineers (USACE) and Regional Water Quality Control Board (RWQCB) that would require authorization for impacts to this feature by the USACE Regional General Permit for small activities in the HCP/NCCP area and Water Quality Certification from the RWQCB for any discharges. The National Pollutant Discharge Elimination System (NPDES) Waste Discharge Requirements for Storm Water Discharges from Municipal Separate Storm Sewer Systems for jurisdictions in East Contra Costa County (Order No. R5-2010-0102) has requirements for new development and redevelopment projects that create more than 10,000 square feet of impervious surface area (Provision C.3) (Central Valley Regional Water Quality Control Board 2010). The constructed project will create approximately 56,944 square feet (1.3 acres) of additional impervious surface area for the road and shoulder pavements and sidewalk at the intersection. The project will not violate this waste discharge permit as this public works capital improvement project is exempt from creating stormwater treatment facilities as no additional travel lanes will be created that would contribute to additional pollutant runoff (Contra Costa County Public Works Department 2012). The project will be subject to the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbances (Order No. 2012-0006-DWQ). According to the permit, if soil disturbance will be less than 5 acres and the project qualifies for an erosivity waiver a Stormwater Pollution Prevention Plan (SWPPP) is not required to be prepared and submitted to the State Water Resources Control Board. The area of soil disturbance is approximately 1.3 acres, therefore, a waiver will be requested. However, project contract specifications will still require the construction contractor to prepare a Water Pollution Control Plan, which is consistent with the SWPPP to identify applicable best G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx management practices for water quality control that will be implemented during and after construction. Therefore, project impacts will be less than significant. b) Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? The project will not require groundwater supply. Therefore, the project will have no impact. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? The project will not alter the course of a stream or river as there is no permanent water source within or near the project area. The constructed project will not alter the drainage pattern in the area as the existing storm drainage system will be re-established within the new road alignment and thus will not result in substantial on- or off-site erosion or siltation as the existing storm drain inlets are primarily located within unpaved areas and will be re-established within the new pavement which will reduce erosion and siltation runoff. However project construction could result in erosion or siltation from soil disturbance. Implementation of applicable BMPs for water quality and erosion control will avoid potential impacts to the drainage area. Therefore, project impacts will be less than significant. d) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface run-off in a manner which would result in flooding on-or off-site? As noted above, the project will not alter the course of a stream or river as there is no permanent water source within or near the project area. The constructed project will not significantly alter the existing drainage pattern of the area that would result in flooding on or off-site because the existing drainage will be re-established and additional surface run-off from the increased impervious area will be negligible. Therefore, project impacts will be less than significant. e) Would the project create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? As noted above, the constructed project will create approximately 56,944 square feet (1.3 acres) of additional impervious surface area for the road and shoulder pavements and sidewalk at the intersection. The project will not contribute to stormwater run-off which would exceed the capacity of existing or planned stormwater drainage systems because while the project will create an additional surface run-off it will be negligible as no additional through travel lanes will be created. Further, BMPs will be implemented during and after construction to avoid impacts to the drainage area. Therefore, project impacts will be less than significant. f) Would the project otherwise substantially degrade water quality? The constructed project will not otherwise substantially degrade water quality as no additional through travel lanes, with the exception of the 5-foot wide shoulders, will be constructed that could contribute to polluted runoff. Project construction will implement BMPs during construction to avoid adverse impacts to the drainage area. Therefore, project impacts will be less than significant. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx g) Would the project place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? The project is located within a 100-year flood plain hazard area but will not place any housing within a flood hazard area. Therefore, the project will have no impact. h) Would the project place within a 100-year flood hazard area structures that would impede or redirect flood flows? While the project is located within a 100-year flood plain zone it will not create any structures other than the traffic signal light which will not impede or redirect flood flows. In addition, while there will be an increase in impervious area for the shoulders closer to residential properties, the project design and construction will incorporate recommended measures in accordance with local design practice and guidelines as defined in the Caltrans Highway Design Manual to ensure that the project will not subject existing housing to flooding. Therefore, the project will have less than significant. i) Would the project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? The project will not expose people or structures to a significant risk of loss, injury or death involving flooding as the project will not create levees or dams. Therefore, the project will have no impact. j) Would the project the expose people or structures to risk of inundation by seiche, tsunami, or mudflow? The project is located in East Contra Costa County and not in an area subject to seiche, tsunami, or mudflow. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx X. LAND USE AND PLANNING Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or the regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a) Would the project physically divide an established community? The project will not physically divide an established community because the project involves improvement of existing roadways. Therefore, the project will have no impact. b) Would the project conflict with any applicable land use plan, policy, or the regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The project will not result in an alteration of the present or planned land use of the area. The project is consistent with the County General Plan Transportation Circulation Element’s Roadway and Transit Goals #5-A (To provide a safe, efficient and balanced transportation system), Policy #5-9 (Existing circulation facilities shall be improved and maintained by eliminating structural and geometric design deficiencies), and Policy #5-17 (The design and scheduling of improvements to arterials and collectors shall give priority to safety over other factors including capacity). Therefore, the project will have no impact. c) Would the project conflict with any applicable habitat conservation plan or natural community conservation plan? The project is located within the East Contra Costa County HCP/NCCP inventory area and is a covered activity. As such, required mitigation fees will be paid prior to construction and applicable avoidance and minimization measures will be implemented as required by the HCP/NCCP and as discussed in the Biological Resources section. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx XI. MINERAL RESOURCES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss or availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Mineral resources such as crushed rock, sand, among other resources, are important minerals in the region as they provide the necessary components for construction materials including asphalt and concrete for current and future development in our region. The most important mineral resources that are currently mined in the County include diabase near Mt. Zion on the north side of Mt. Diablo, which provides crushed rock primarily for roadbase and streambank stabilizations; domegine sandstone, located in the eastern portion of the County just south of Camino Diablo and east of Vasco Road in the Byron area, which is the sole deposit in the state; and shale in the Port Costa area, which has been designated for protection by the County General Plan (Contra Costa County 2005g). a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? There are no mapped mineral resource areas in the project area. Therefore, the project will have no impact. b) Would the project result in the loss or availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? There are no mapped mineral resource areas in the project area. Therefore, the project will have no impact. There are no mapped mineral resource areas in the project area. As such, the project will not adversely affect the availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or land use plan. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx XII. NOISE Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of, excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Background The effects of noise on people include subjective effects of annoyance, nuisance, and dissatisfaction. Persistent and escalating noise sources can affect one’s overall health including stress -related illnesses, high blood pressure, hearing loss, speech interference, sleep disruption, and lost productivity (USEPA 2010). The main contributors to a community noise problem are transportation sources such as highways, railroads, and airport as they are the most pervasive and continual. Other temporary noise sources can add to the noise problem such as a jackhammer at a construction site. The dynamic of the noise problem are based on the relationship between the noise source, the person or place exposed to the noise (receiver or sensitive receptor) and the path the noise will travel from the noise source to the receiver/sensitive receptor. Since the ear is not as sensitive at some frequencies and sound pressure level as at others, several methods of expressing average noise levels over a period of time have been developed (HUD 2010). Sound intensity is typically measured in decibels (dB) from a range of 0 (threshold of hearing) to 140 (threshold of pain); the higher the decibels, the greater the intensity. For example, a decibel level of 10 is the sound of leaves rustling, a decibel level of 30 is a whisper, a decibel level of 60 is freeway traffic, a decibel of 90 is a noisy urban street, and a decibel level of 140 is a nearby jet engine. Prolonged exposure from at least 75 dB increases tension affecting blood pressure, heart function, and nervous system; prolonged exposure from at least 85 dB causes physical damage to human hearing; above 90 dB results in permanent cell damage, at 140 dB feeling of pain, and 190 dB will rupture the eardrum and permanently damage the inner ear (HUD 2010). G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx Human sound perception, in general, is such that a change in sound level of 3 dB is just noticeable; a change of 5 dB is clearly noticeable; and a change of 10 dB is perceived as doubling or halving the sound level. A doubling of actual sound energy is required to result in a 3 dB (i.e., barely noticeable) increase in noise from existing conditions; in practice, for example, this means that the volume of traffic on a roadway typically needs to double to result in a noticeable increase in noise (ICF International 2014). When distance is the only factor considered, sound levels from isolated point sources of noise typically decrease by about 6 dB for every doubling of distance from the noise source. When the noise source is a continuous line, such as vehicle traffic on a highway, sound levels decrease by about 3 dB for every doubling of distance. Noise levels can also be affected by several factors other than the distance from the noise source. Topographic features and structural barriers that absorb, reflect, or scatter sound waves can affect the reduction of noise levels over distance. Atmospheric conditions (wind speed and direction, humidity levels, and temperatures) and the presence of dense vegetation can also affect the degree of sound attenuation (ICF International 2014). Sound from multiple sources operating in the same area such a multiple pieces of construction equipment will result in a combined sound level that is greater than any individual source. The individual sound levels for different noise sources cannot be added directly to give the sound level for the combined noise sources. Rather, the combined noise level produced by multiple noise sources is calculated using logarithmic summation. For example, if one bulldozer produces a noise level of 80 dBA, then two bulldozers operating side by side would generate a combined noise level of 83 dBA (only 3 dBA louder than the single bulldozer) (ICF International 2014). Section 65302(f) of the California Government Code requires that a noise element be prepared as a part of all city and county general plans. This state law requires that a jurisdiction’s noise element identify and work toward mitigation of noise problems in the community and include implementation measures and possible solutions that address any existing and perceivable noise problems. The Contra Costa County General Plan (2005) Noise Element follows the guidelines established by the California Department of Health Services entitled Guidelines for the Preparation and Content of the Noise Element of the General Plan, which defines noise metrics, discusses the process of noise element development, and present land use compatibility guidelines based on various noise levels and provides goals, policies, and implementation measures for consideration. Contra Costa County Code does not have a noise ordinance and therefore, does not specify construction or operational noise level limits. However, the Contra Costa County General Plan Noise Element (2005) does specify that construction activities shall be concentrated during the hours of the day that are not noise-sensitive for adjacent land uses and should be commissioned to occur during normal work hours. Construction activities are generally limited to the hours between 7 a.m. to 5 p.m. In addition, based on the Caltrans Standard Specifications Section 14-8.02, Noise Control, which regulates construction noise for activities on state highways, the following rules are applicable to the project’s construction activities.  Do not exceed 86 dBA at 50 feet from the job site activities from 9:00 p.m. to 6:00 a.m.  Equip an internal combustion engine with the manufacturer-recommended muffler. Do not operate an internal combustion engine on the job site without the appropriate muffler. For operational noise impacts, the General Plan establishes the outdoor noise standard of 60 dBA Ldn for residential areas. However, based on the traffic noise contours prepared for the Noise Element, outdoor noise levels at existing residences along Byron Highway and Camino Diablo Road were estimated to be G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx greater than 60 dBA Ldn. The General Plan does not establish the allowable noise increase by a project for existing residences with ambient noise levels greater than 60 dBA Ldn. Therefore, for this CEQA noise analysis, the project is considered to have a significant operational noise impact if it would create a traffic noise increase of greater than 3 dB over the noise levels without the project at these residences. The threshold of perceptible change is generally considered to be 3 dB (ICF International 2014). For construction noise impacts, the General Plan requires construction activities to occur during the hours of the day that are not noise-sensitive for adjacent land uses, but neither the General Plan nor the County Code establishes a numerical noise standard for the allowable noise levels generated by temporary construction activities. Therefore, for this CEQA noise analysis, the project is considered to have a significant construction noise impact if it would create a temporary noise increase of greater than 10 dB over the ambient noise levels at residences adjacent to the construction activities. A change of 10 dB is generally perceived as doubling or halving the sound level. Maximum sound levels (Lmax) at 50 feet are considered along with the typical acoustical use factors which is the percentage of time each piece of construction equipment is assumed to be operating at full power (i.e., its noisiest condition) during construction operation and is used to estimate Leq values from Lmax values. For example, the Leq value for a piece of equipment that operates at full power 50% of the time (acoustical use factor of 50) is 3 dB less than the Lmax value. A reasonable worst-case construction noise level assumes that the three loudest pieces of equipment would operate concurrently (backhoe, compactor, and excavator). The combined level for these three pieces of equipment is 80.6 dBA Leq at 50 feet (ICF International 2014). Environmental Setting Land uses surrounding the project intersection consist of residential and commercial uses located immediately adjacent to the Byron Highway and Camino Diablo intersection. The adjacent railroad tracks is located to the west of Byron Highway. Noise sensitive land uses consist of residences located along the south leg of the intersection approximately 65–110 feet from Byron Highway, residences located along the north leg of the intersection approximately 55–150 feet from Byron Highway, residences located along the east leg of the intersection approximately 60 feet from Camino Diablo, and residences located along the west leg of the intersection approximately 45 feet from Camino Diablo (distances are measured from the primary outdoor areas in back or side yards to the outside edge of the closest travel lane). Commercial uses are also situated southeast, southwest, and northwest of the intersection (ICF International 2014) (Figure 2). The existing noise environment in the project area is governed primarily by vehicular traffic traveling on Byron Highway and Camino Diablo. Based on the traffic noise contours prepared for the Noise Element, traffic noise levels range between 65 and 70 dBA Ldn at 100 feet from the centerline of Byron Highway, and traffic noise levels are about 60 dBA Ldn at 100 feet from the centerline of Camino Diablo (Contra Costa County 2005). The typical hourly noise levels for suburban arterial roadways range between 60 and 65 dBA Leq at 50 feet from the centerline of an arterial road (ICF International 2014). a) Would the project cause exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The constructed project will result in widening of the road along the east side of Byron Highway and north side of Camino Diablo Road which primarily adjoin residential-occupied properties. The widening would result in through travel lanes moving closer to residences between 7 and 29 feet and would result in residences being situated between 45–65 feet from outside edge of the closest travel lane which could increase traffic noise levels received at these residences. Traffic noise impacts associated with project operation were evaluated in terms of how project-related traffic noise increases could affect existing residences on existing roadways. Traffic noise levels at the existing residences along the project alignment were modeled using the FHWA traffic noise model G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx (TNM) Version 2.5 for both No Build and Build scenarios under the existing and 2030 cumulative conditions. Traffic data used in this analysis were provided by the project engineering consultant (Kimley-Horn and Associates, Inc. 2014) based on the vehicle traffic counts conducted in 2012 and future traffic projected by the Contra Costa Transportation Authority (CCTA) travel demand forecasting model (ICF International 2014). To determine the predicted traffic noise increases that would result from the constructed project, largest alignment alterations of the first row residences located along Byron Highway and Camino Diablo Road within the project area were identified and included in the model. P.M. peak hour traffic volumes were used for the analysis, because these volumes are the highest hourly traffic volumes during a 24 -hour day. The project’s engineering consultant provided the 2012 traffic counts (both peak hour and daily traffic volumes) and the 2030 daily traffic projection. The 2030 peak-hour traffic volumes were developed by applying the growth rates between 2012 and 2030 daily traffic volumes. The modeling results indicate that the increases in traffic noise levels at the modeled receivers are expected to be less than 3 dB, which is the threshold of perceptible change for operation impacts (ICF International 2014). However, noise from construction activities could impact nearby residences. While construction work would occur during the daytime hours between 7:00 a.m. and 7:00 p.m. on weekdays and between 9:00 a.m. and 7 p.m. on weekends, if necessary, which is in accordance with the County General Plan Policy 11-8 and the Caltrans Standard Specifications Section 14-8.02, the nearest residences could experience noise levels as high as 81 dBA Leq at 45 feet and 78 dBA Leq at 65 feet. Due to the intermittent nature of construction, construction noise would likely be considerably lower than this at these land uses most of the time. Nevertheless, the construction noise would be substantially higher than the ambient noise level (60–65 dBA Leq) when construction activities occur near the residences. Therefore, the impact would be potentially significant as it would result in more than 10 dB; however implementation of Mitigation Measure NOISE-1 below would reduce this impact to a less-than-significant level (ICF International 2014). Therefore, project impacts will be less than significant with mitigation incorporated. IMPACT NOISE-1: TEMPORARY NOISE INCREASE DURING CONSTRUCTION Construction activities would result in temporary ambient noise increases to nearby residences which would be considered a significant impact. MITIGATION MEASURE NOISE-1: EMPLOY NOISE-REDUCING PRACTICES DURING CONSTRUCTION  Locate stationary equipment as far as practical from noise-sensitive uses.  Turn off construction equipment when not in use, when feasible.  Comply with manufacturers’ muffler requirements on all construction equipment engines.  Construction activities are generally limited to the hours between 7 a.m. to 5 p.m. Construction noise-generating activities will be limited to 8 a.m. to 5 p.m.  Provide advance written notification of construction activities to noise-sensitive uses around the construction sites. Notification will include a brief overview of the proposed Project and its purpose, as well as the proposed construction activities and schedule. It also will include the name and contact information of the project manager or representative responsible for resolving any noise concerns. b) Would the project cause exposure of persons to or generation of, excessive ground borne vibration or ground borne noise levels? Traffic traveling on roadways is rarely the source of perceptible groundborne vibration. Exceptions to this occur when there is a significant discontinuity in the roadway surface. Vehicles traveling over a G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx discontinuity can impart energy into the ground that can be perceived as groundborne vibration. The project will result in a smoother road pavement surfaces. Accordingly, the constructed project is not expected to result in perceptible groundborne vibration (ICF International 2014). Therefore, project impacts will be less than significant. The operation of heavy construction equipment may generate localized ground-borne vibration at buildings adjacent to the construction site, especially during the operation of high-impact equipment, such as pile drivers. Vibration from typical non-impact construction equipment is typically below the threshold of perception when the activity is more than about 50 feet from the noise -sensitive land uses (ICF International 2014). Vibration could be perceptible for the first row residences when construction activities move within 50 feet of these residences. However, the duration that equipment would be within 50 feet of the residences would be short (about 3 - 4 days out of 4 month construction period) and such construction would not involve high-impact equipment for this project (i.e., pile drivers). Therefore, project impacts will be less than significant. c) Would the project cause a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? As discussed above in item (a), the road along the east side of Byron Highway and north side of Camino Diablo Road will be shifted closer to the residences. Modeling results indicate that the increases in traffic noise levels at the modeled receivers (adjacent residences) are expected to be less than 3 dB, which is the threshold of perceptible change for operation impacts. Therefore, project impacts will be less than significant. d) Would the project cause a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? As discussed above in item (a), the nearest residences could experience noise levels as high as 81 dBA Leq at 45 feet and 78 dBA Leq at 65 feet. While the intermittent nature of construction would likely be considerably lower than this at these land uses most of the time, the construction noise would be substantially higher than the ambient noise level (60–65 dBA Leq) when construction activities occur near the residences. Therefore, the impact would be potentially significant as it would result in more than 10 dB; however implementation of Mitigation Measure NOISE-1 above would reduce this impact to a less-than-significant level (ICF International 2014).Therefore, project impacts will be less than significant with mitigation incorporated. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? There is no public airport located within 2 miles of the project area. The nearest airport is the Byron Airport, located approximately 2.5 miles south of the project. Therefore, the project will have no impact. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The project is not located in the vicinity of a private airstrip. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx XIII. POPULATION AND HOUSING Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Section 15126.2(d) of the CEQA Guidelines states that the lead agency shall discuss ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly in the surrounding environment including the removal of obstacles that would encourage population growth. Increases in the population may stress existing community service facilities, requiring construction of new facilities that could cause significant environmental effects. a) Would the project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The project is a road safety improvement and does not include new development or creation of new travel lanes or other infrastructure that could induce substantial population growth. Therefore, the project will have no impact. b) Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? While the project will require sliver right-of-way acquisitions along the frontage of privately-owned parcels to accommodate the road shoulder improvements, the project will not result in the displacement of existing homes because no homes will be demolished or removed by the project. Therefore, the project will have no impact. c) Would the project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The project will not displace residents because as stated above no residences will be removed or demolished. Therefore, the project would have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx XIV. PUBLIC SERVICES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? 1 Fire Protection? 2 Police Protection? 3 Schools? 4 Parks? 5 Other public facilities? a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? 1 Fire Protection? The East Contra Costa Fire Protection District provides fire protection services and emergency services for the Byron area (East Contra Costa Fire Protection District 2015). The project will not increase demand for fire protection services and thus no new government facilities or expansion of existing facilities will be required. However, to alleviate any disruption to fire protection services during construction, the contractor will contact local fire protection response services prior to project construction and provide at least one passable lane at all times during construction for fire protection vehicles. Therefore, project impacts will be less than significant. 2 Police Protection? The Contra Costa County Sheriff’s Department provides general public safety and law enforcement services in unincorporated areas of Contra Costa County (Contra Costa County 2015). The project will not increase demand for police services and thus no new government facilities or expansion of existing facilities will be required. However, to alleviate any disruption to police protection services during construction, the contractor will contact local police protection response services prior to project construction and provide at least one passable lane at all times during construction for police vehicles. Therefore, project impacts will be less than significant. 3 Schools? The project area is located in the Byron Union School District (Byron Union School District 2015). The project will not increase demand for school services and thus no new government facilities or expansion of existing facilities will be required. The closest school is Excelsior Middle School located on Byron Highway approximately 1.25 miles north of the project area. Access to the school is from Byron Highway and Byer Road. Construction could result in disruption during morning and afternoon school commute times. However, the school and community will be notified in advance of the construction start date by notices and construction area signs. Therefore, the project will have less than significant. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx 4 Parks? The project area is not located within or near a park (Contra Costa County 2005). The constructed project will not increase demand for parks and thus no new facilities or expansion of existing facilities will be required. Therefore, the project will have no impact. 5 Other public facilities? There are no other public facilities that would require new or expanded service facilities. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx XV. RECREATION Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The project is a road safety improvement and does not include new development that could increase the use of existing parks or recreational facilities that could result in deterioration of facilities. Therefore, the project will have no impact. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? As noted above, the project is a road safety improvement and does not include new development that could require construction or expansion of existing recreational facilities. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx XVI. TRANSPORTATION/TRAFFIC Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Regulatory Background The Contra Costa Transportation Authority (CCTA) is a public agency formed to manage the County's transportation sales tax program and to conduct countywide transportation planning. CCTA is responsible for maintaining and improving the County’s transportation system by planning, funding, and delivering critical transportation infrastructure projects and programs that connect the communities safely and efficiently including bicycle and pedestrian projects as described in the 2009 Countywide Bike and Pedestrian Plan. In addition, the Transportation and Circulation Element of the General Plan includes goals and policies regarding Contra Costa County bikeways. Existing Traffic Conditions Byron Highway and Camino Diablo Road are heavily used truck and commuter arterial routes that provide a vital transportation link between Contra Costa and Alameda Counties well as San Joaquin County. Both Byron Highway and Camino Diablo Road are two-lane roads with no turning lanes and no shoulders at this intersection. Neither road is signalized, with free-through movements on Byron Highway and stop controls on both legs of Camino Diablo Road. In the project area, Byron Highway has a speed limit of 35 miles per hour; the eastern leg of Camino Diablo Road has a speed limit of 25 miles per hour while the western leg west of the railroad at-grade has a speed limit of 35 miles per hour. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx CCCPWD conducted traffic count surveys in December 2012 which included weekday AM and PM peak period turning movement counts and 24-hour directional counts. Traffic volumes are fairly constant during the mid-day and are at a minimum around 12:00 PM. The AM peak period begins around 6:00 AM and terminates around 8:00 AM. The heaviest vehicle movement during the AM peak period is on Byron Highway southbound which provides access to Tracy and I-205 to the Central Valley. Other increased vehicle movements during the AM peak period include eastbound right on Camino Diablo Road and the northbound through and lefts on Byron Highway. As the PM peak period begins, traffic begins to pick up around 4:00 PM at the intersection. The peak traffic on Byron Highway is the northbound direction; both the northbound left - turn and through movements are heavy resulting in measurable delay. The eastbound right-turn and the southbound through movements on Byron Highway also have elevated traffic levels double what is experienced during the AM peak period. The PM peak period ends around 6:00 PM as volumes calm to lower levels. The existing two-way stop-controlled intersection configuration creates minimal delay for vehicles traveling on Byron Highway. However, the relatively heavy northbound left-turn onto Camino Diablo Road in both the AM and PM peaks created friction for northbound traffic, especially during the PM peak period. The stop- controlled approaches of Camino Diablo Road cause moderate to heavy delay and queuing for vehicles approaching the intersection from the west. The eastbound right-turn on Camino Diablo Road to Byron Highway is moderate during the AM peak period and quite heavy during the PM peak period. Because all the approaches to the intersection are single-lane, these turning vehicles cause delay for other drivers. The Union Pacific Railroad at-grade crossing just west of the intersection is currently protected by actuated gates and flashing beacons. There are also railroad crossing pavement markings on the eastbound Camino Diablo Road approach. Since the intersection is only stop-controlled there are no other active traffic control devices other than the railroad gates and flashing beacons. Proposed Improvements The proposed improvements are a combination of roadway geometry changes, adding turn lanes to the three heaviest approaches (north and southbound left turn lanes on Byron Highway and right-turn lane on eastbound Camino Diablo Road), and installation of a traffic signal to decrease delay and improve flow for vehicles and pedestrian crossings. The traffic signal will also be equipped with railroad pre-emption working in conjunction with the at-grade railroad crossing (Figure 2): Proposed Traffic Control Plan Project construction is anticipated to take up to 80 working days (4 months). Construction would occur from Monday to Friday between 7 a.m. and 5 p.m. Construction of the project will temporarily require one-way traffic control for approximately 8 weeks. If feasible, one-way traffic control will begin outside of the peak commute hours to minimize delays to commuters and will not exceed 10 minute stopped delays. In addition, road closure will be required on Camino Diablo Road just west of the Byron Highway and Camino Diablo Road intersection for work around the railroad for approximately 6 weeks. The detour plan will require motorists traveling to the west to take Byron Highway north to Holway Drive south to Camino Diablo Road west; motorists traveling east would travel east on Camino Diablo Road to Holway Drive north to Byron Highway south. Detour signs will be set up in various locations within and outside of the construction area as well as portable message signs ahead of the detour signs to announce the construction traffic control and detour route. The roads will be open for use by public traffic on Saturdays, Sundays, and designated legal holidays; after 3:00 p.m. on Fridays and the day before designated legal holidays, and when construction operations are not actively in progress. Local residents will be notified of the construction start date in advance and will be able to use Byron Highway and Camino Diablo Road under one-way traffic control during construction; the roads will be made available for through traffic during non-construction activities with the exception of when work at the railroad tracks on G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx Camino Diablo Road west of the intersection occurs, which is when detour routes on local roads will be available. Driveway access to properties outside the project area will not be affected. Driveways for properties within the project area will remain accessible throughout the project. a) Would the project conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? The project will not conflict with applicable plans, ordinances or policies establishing measures of effectiveness for the performance of the circulation system as the project will improve the traffic flow and provide pedestrian crossings at the intersection which is consistent with local and regional plans to provide safe and convenient circulation and pedestrian facilities (Contra Costa County 2005, Contra Costa Transportation Authority 2009a). There are no existing designated bicycle facilities within the Byron area at this time (Contra Costa Transportation Authority 2009b). While the Plan shows Byron Highway and Camino Diablo Road as proposed routes they do not represent specific suggested alignments, rather they represent corridors and general connections to link existing segments. Although, while the widened paved shoulders will not be designated as a bicycle facility, the improved shoulders will provide shared use of the road for bicyclists and motorists within the project area. Tri-Delta Transit provides public transit for east Contra Costa County however there are no public bus routes to the Byron area; the closest is in Discovery Bay. There are no designated school bus routes in the Byron area; although, the East Contra Costa Schools Transportation Department provides alternate transportation for the Byron Union School District, and other school districts in the area, but there are no designated routes. While the constructed project will improve traffic circulation and will not interfere with other modes of motorized and non-motorized transportation, construction of the project will disrupt traffic circulation as it will result in traffic congestion and delays from one-way road closures and detour around Camino Diablo Road at the railroad tracks. However, it will be temporary and measures will be in place to minimize disruption as described above. Therefore, project impacts will be less than significant. b) Would the project conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? As discussed above, the project will improve the traffic circulation at the intersection which was verified by a traffic operations analysis. The Camino Diablo Road approaches experience more delay than Byron Highway due to the stop signs. Existing conditions with and without the project and future conditions with and without the project were analyzed using 2030 traffic volumes derived projected by the CCTA travel demand forecasting model and assumed annual background growth rates. The proposed intersection geometry will improve the average delay and corresponding levels of service for both peak periods with future conditions and during the PM peak at existing conditions; the existing conditions during the morning will remain unchanged (Kimley-Horn and Associates, Inc. 2014., ICF International 2014). While the constructed project will improve traffic circulation, construction of the project will temporarily disrupt traffic circulation as it will result in traffic congestion and delays from one-way road closures if required and detour around Camino Diablo Road at the railroad tracks. As discussed above, it will be temporary. Therefore, project impacts will be less than significant. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx c) Would the project result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Byron Airport, a county-owned and public use airport, is located approximately 2.5 miles south of the project site. The project will not result in a change in air traffic patterns as the project will not create structures or different land uses that could result in substantial safety risks. Therefore, the project will have no impact. d) Would the project substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? The project will decrease existing hazards of the roadways at the intersection and railroad tracks. Therefore, the project will have no impact. e) Would the project result in inadequate emergency access? The project would not result in inadequate emergency access. Local emergency response services will be contacted by the construction contractor to coordinate alternate routes before construction begins. In addition, traffic control measures during construction will provide access for emergency vehicles and the full width of the unfinished roadway will be made passable and open for use by local and emergency traffic at the end of each working day. Therefore, project impacts will be less than significant. f) Would the project conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? As discussed above, the constructed project will provide pedestrian facilities at the intersection. There are no existing designated bicycle facilities or public transit routes within the Byron area at this time. As noted above, there are no existing designated bicycle facilities within the Byron area at this time. While the Plan shows Byron Highway and Camino Diablo Road as proposed routes they do not represent specific suggested alignments, rather they represent corridors and general connections to link existing segments. Although, while the widened paved shoulders will not be designated as a bicycle facility, the improved shoulders will not conflict with future bicycle class designation.While the widened paved shoulders will not be designated as a bicycle facility at this time, the improved shoulders will provide shared use of the road for bicyclists and motorists within the project area. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx XVII. UTILITIES AND SERVICE SYSTEMS Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s waste disposal needs? g) Comply with federal, state and local statutes and regulations related to solid waste? The Byron Sanitary District provides wastewater services to the Byron community (Contra Costa County 2013). The Byron community relies on well water for their water supply (Nichuls 2015). Brentwood Disposal Service provides solid waste disposal services for the Byron community (Brentwood Disposal Service 2015). a) Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The project will not exceed wastewater requirements because the completed project would not result in the need for wastewater treatment. Therefore, the project will have no impact. b) Would the project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The project will not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities because the completed project would not require or result in the need for water or wastewater services. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx c) Would the project require or result in the construction of new storm water drainage facilities, the construction of which could cause significant environmental effects? The constructed project will re-establish the existing stormwater drainage facilities which include grading roadside ditches and tying into existing storm drains as well as extending existing culverts at three locations and modifying existing storm drain inlets and manholes to accommodate the improvements. Water quality control practices will be implemented during construction to minimize impact to the adjacent seasonal wetland and drainage features. Therefore, the project will have a less than significant impact. d) Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The completed project will not require water service, and any water needed during construction activities would be provided by water trucks from off-site water sources. Therefore, the project will have no impact. e) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? The completed project will not require wastewater treatment services. Therefore, the project will have no impact. f) Would the project be served by a landfill with sufficient permitted capacity to accommodate the project’s waste disposal needs? The project will not generate the need for a new solid waste facility. Solid waste generated by the project would be limited to construction debris, including asphalt and concrete, generated by the excavation of exiting roadway and construction of associated improvements. Therefore, the project will have a less than significant impact. g) Would the project comply with federal, state and local statutes and regulations related to solid waste? The project specifications will require that the contractor dispose of solid waste generated from construction in accordance with federal, state and local regulations. Therefore, the project will have no impact. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish and wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish and wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The project will not degrade the quality of the environment. There are no natural or historic resources of importance that will be impacted due to absence in the project area or implementation of avoidance measures as described in the Air Quality, Biological Resources, Cultural Resources, and Greenhouse Gas Emissions sections. Therefore, project impacts will be less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? There are several County capital improvement projects that have been identified for the Byron area; Main Street Sidewalk Improvements, currently in design, will provide pedestrian improvements along the west side of Main Street and Byron Highway-Byer Road Improvements, pending funding, involves widening the roadway to install a left turn lane from southbound Byron Highway onto Byer Road (pers. comm. Villar 2015). These projects would not result in significant cumulative impacts as they are limited and would provide beneficial improvements to the community. There is one regional proposed project that would create a new road, State Route 239, to link State Route 4 near Brentwood and Interstate 205 west of Tracy in San Joaquin County (Contra Costa Transportation Authority 2014). This proposed project is years in planning and will not be considered a cumulative effect in association with this project as the route options being considered will bypass the Byron area and thus minimize through G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx traffic in Byron. Therefore, project impacts will be less than significant. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? The project will not cause substantial adverse direct or indirect effects on human beings as impacts will be limited and avoidance measures will be implemented to minimize impacts as described in the Air Quality, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Transportation/Traffic sections. Therefore, project impacts will be less than significant. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx REFERENCES Association of Bay Area Governments (ABAG). 1995. Bay Area Dam Failure Inundation Hazards. http://www.abag.ca.gov/bayarea/eqmaps/damfailure/damfail.html. Accessed November 2011. Association of Environmental Professionals (AEP). 2014. California Environmental Quality Act (CEQA) Statute and Guidelines. California Natural Resources Agency, Sacramento, CA. Accessed website January 21, 2015: http://resources.ca.gov/ceqa/. AGS Inc. 2014. Initial Site Assessment for the Byron Highway/Camino Diablo Intersection Improvements Project, Byron, California 94514. San Francisco, CA. Bay Area Air Quality Management District (BAAMQD). 1999. California Environmental Quality Act, Air Quality Guidelines. San Francisco, CA. December. Website accessed March 24, 2015: http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA-GUIDELINES/Updated-CEQA- Guidelines.aspx. 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Website Accessed March 26, 2015: http://www.fire.ca.gov/fire_prevention/fire_prevention_wildland_zones_maps.php. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx CalFire. 2009. Local Responsibility Area Fire Hazard Severity Zone Map (Recommended). Website Accessed March 26, 2015: http://www.fire.ca.gov/fire_prevention/fire_prevention_wildland_zones_maps.php. California Air Resources Board. 2015. Naturally-Occurring Asbestos – Regulatory Information. Website accessed March 24, 2015: http://www.arb.ca.gov/toxics/asbestos/reginfo.htm. California Air Resources Board (CARB). 2005. Air Quality and Land Use Handbook. www.arb.ca.gov/ch/handbook.pdf. California Department of Conservation (CDC). 2015. Farmland Mapping and Monitoring Program: http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx ; California Government Code §51290(a)(b), 51291 (Williamson Act Contract Program):. Accessed January 21, 2015. http://www.conservation.ca.gov/dlrp/lca/basic_contract_provisions/Pages/wa_overview.aspx. California Department of Conservation (CDC). 2012. Contra Costa County Important Farmland Map. Division of Land Use Protection, Farmland Mapping and Monitoring Program. ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2012/con12.pdf. Accessed website January 21, 2015. California Department of Conservation (CDC). 2000. A General Location Guide for Ultramafic Rocks in California – Areas More Likely to Contain Naturally Occurring Asbestos. August. Accessed website January 21, 2015: http://www.conservation.ca.gov/cgs/minerals/hazardous_minerals/asbestos/Pages/index.aspx. California Department of Toxic Substance Control (DTSC). 2015. EnviroStor Hazardous Waste and Substances Site List. Website accessed: March 12, 2015: http://www.calepa.ca.gov/SiteCleanup/CorteseList/. California Department of Transporation (Caltrans). 2015. California Scenic Highway Mapping System. Accessed website January 21, 2015: http://www.dot.ca.gov/hq/LandArch/scenic/schwy.htm. California Environmental Protection Agency (CalEPA). 2015. General information. Website accessed March 12, 2015: http://www.calepa.ca.gov/About/History01/. California Natural Resources Agency. 2015. CEQA Guidelines. Website accessed January 21, 2015: http://resources.ca.gov/ceqa/guidelines/. California Office of Historic Preservation (State Historic Preservation Office [SHPO]). November 2014. Determinations of Eligibility for the Proposed Byron Highway/Camino Diablo Intersection Improvements Projects in Byron, Contra Costa County, CA. Sacramento, CA. California Office of Planning and Research (OPR). 2008a. Governor’s Office of Planning and Research, State of California. July 2008 (revised). Technical Advisory: CEQA AND ASBESTOS: Addressing Naturally Occurring Asbestos in CEQA Documents. http://opr.ca.gov/docs/asbestos_advisory.pdf. Sacramento, CA. California Office of Planning and Research (OPR). 2008a. Governor’s Office of Planning and Research, State of California. July 2008 (revised). Technical Advisory: CEQA AND ASBESTOS: Addressing Naturally Occurring Asbestos in CEQA Documents. Sacramento, CA. California Office of Planning and Research (OPR). 2008b. Governor’s Office of Planning and Research, State of California. June 19, 2008. Technical Advisory: CEQA and Climate Change: Addressing Climate Change Through California Environmental Quality Act (CEQA) Review. Sacramento, CA. CardnoEntrix. October 2014a. Historic Property Survey Report for the Byron Highway-Camino Diablo Intersection Improvements Project. Sacramento, CA. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx CardnoEntrix. October 2014b. Historic Resource Evaluation Report for the Byron Highway-Camino Diablo Intersection Improvements Project. Sacramento, CA. CardnoEntrix. October 2014c. Archaeological Survey Report for the Byron Highway-Camino Diablo Intersection Improvements Project. Sacramento, CA. Contra Costa County. 2013. Directory of Local Agencies. May. Page 89. Accessed website February 10, 2015: http://www.contracostalafco.org/local_agency_directory.htm. Contra Costa County. January 2005. Contra Costa County General Plan 2005-2020. Contra Costa County Community Development Department. Martinez, CA. 2005a: Aesthetics: 9. Open Space Element, 9.6 Scenic Resources, page 9-4, Figure 9-1; 5. Transportation and Circulation Element: 5.9 Scenic Routes; Figure 5-4. 2005b: Agricultural Resources: 5. Transportation and Circulation Element, 5.6 Roadways and Transit, 5-9, 5-17, 5-x, 5-ai. 2005c: Air Quality: 8. Conservation Element, 8.14 Air Resources, page 8-51. 2005d: Geology: 10. Safety Element, Figures 10-1 – 10-6. 2005e: Hydrology/Water Quality: 10. Safety Element, 10.8 Flood Hazards, 10-26 – 10-30 2005f: Land Use and Planning: 3: Land Use Element, page 3-1; 5: Transportation and Circulation Element; 5.6: Roadways and Transit, pages 5-13-5-15 2005g: Mineral Resources: 8. Conservation Element, 8.9-Mineral Resource Areas; page 8-33, Figure 8-4 2005h: Noise: 11: Noise Element, pages 11-1-11-40 2005i: Population and Housing: 6. Housing Element, pages 6-1 and 6-3) 2005j: Public Services: 7: Public Facilities/Services Element: 7.10 Fire Protection, page 7-25; 7.9: Public Protection, page 7-23 2005k: Transportation: 5. Transportation and Circulation Element: 5.6 Roadways and Transit, page 5-12. 2005l: Utilities: 7: Public Facilities/Services Element, 7.6 Water Service, page 7-6, Figure 7-1; Figure 7-3, page 7-13; 7.11 Solid Waste Management, page 7-31, Figure 7-7 Contra Costa County Department of Conservation and Development (CCCDCD). 2015. Williamson Act Program, 2012 Agricultural Preserve Map. Advanced Planning Division. Martinez, CA. Website accessed January 21, 2015: http://www.co.contra-costa.ca.us/depart/cd/current/advance/williamsonact/index.htm. Contra Costa County Public Works Department. 2012. Tracking Form for Capital Improvement Projects for Compliance with Provision C.3. December 19. Watershed Program. Martinez, CA. Contra Costa Transportation Authority. 2009a. Countywide Comprehensive Transportation Plan. Accessed website March 3, 2015. Contra Costa Transportation Authority. 2009b. Contra Costa Countywide Bicycle and Pedestrian Plan. Accessed website March 3, 2015 Contra Costa Transportation Authority. 2014. TriLink (SR 239) Feasibily Study Report. May 30, 2014. Website accessed March 17, 2015: http://trilink239.org/FeasibilityStudy/Final/FinalStudy.html. Contra Costa County. 2015. Sherriff’s Department. Accessed website February 10, 2015. Contra Costa County Department of Conservation and Development. 2003. Watershed Altas. November. Martinez, CA. East Contra Costa Fire Protection District. 2015. Accessed website February 10, 2015: http://www.eccfpd.org/FAQ/index.htm. G:\engsvc\ENVIRO\TransEng\Byron Highway-Camino Diablo (4094)\CEQA\IS-MND\Final-Public Review_4-3-15.docx Federal Emergency Management Agency (FEMA). 2009. Flood Insurance Rate Map, Contra Costa County, Panel 525 of 602 (060025-0525). June 16. ICF International. 2014a. Natural Environment Study-Minimal Impact, Byron Highway-Camino Diablo Intersection Improvements Project, Byron, Contra Costa County. November. San Francisco, CA. ICF International. 2014b. Delineation of Potential Waters of the United States, Byron Highway-Camino Diablo Intersection Improvements Project, Byron, Contra Costa County. June. San Francisco, CA. Jones & Stokes. 2006. East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan. October. (J&S 01478.01.) http://www.co.contra-costa.ca.us/depart/cd/water/HCP/. San Jose, CA. Kimley-Horn. August 2014. Traffic Analysis Memorandum - Byron Highway and Camino Diablo Road Intersection Improvements. LSA Associates. 2015. Byron Highway & Camino Diablo Intersection Improvements Project Air Quality Analysis Technical Memorandum. February 15. Concord, CA. Regional Water Quality Control Board – Central Valley. 2015. Water Quality Certification for Discharges of Dredged or Fill Materials Under CWA Section 401. Website accessed: January 21, 2015: http://www.swrcb.ca.gov/centralvalley/help/business_help/permit2.shtml. Regional Water Quality Control Board. 2010. Waste Discharge Requirements for Storm Water Discharges from Municipal Separate Storm Sewer Systems, East Contra Costa County (Order No. R5-2010-0102). September 23.Central Valley Region, Rancho Cordova, CA. State Water Resources Control Board [SWRCB]. 2015. National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order 2012-0006-DWQ). Accessed website March 3, 2015: http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml. Tri-Delta Transit. 2015. Accessed website March 3, 2015: http://www.trideltatransit.com/. United States Army Corps of Engineers (USACE). 2015. Regional Permit Program. Accessed website March 3, 2015: http://www.spk.usace.army.mil/Missions/Regulatory.aspx. United States Environmental Protection Agency (USEPA). 2015. Six Common Air Pollutants. Website accessed March 24, 2015: http://www.epa.gov/air/urbanair/. United States Geological Survey (USGS). 1953. Byron Hot Springs 7.5-Minute Topographic Quadrangle. United States Department of Agriculture. 2015. Natural Resources Conservation Service. Web Soil Survey Map. Website accessed March 26, 2015: http://websoilsurvey.nrcs.usda.gov/app/. Personal Communications: Nuchols, Alicia. 2015. Contra Costa County Board of Supervisors – District III. Email correspondence regarding drinking water supplier for the Byron area. February 10, 2015. Villar, Angela. March 2015. Other planned projects in the Byron area. Contra Costa County Public Works Department, Transportation Engineering, Martinez, CA. APPENDIX A: MITIGATION AND MONITORNG REPORTING PLAN (MMRP) Byron Highway-Camino Diablo Intersection Improvements Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department April 2015 Project No.: 0662-6R4094 CEQA No.: 15-01 Page 1 of 4 IMPACT MITIGATION, AVOIDANCE, AND MINIMIZATION MEASURES IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY COMPLIANCE VERIFICATION DATE IV. BIOLOGICAL RESOURCES POTENTIAL IMPACT BIO-1A NESTING BIRDS AND RAPTORS AVOIDANCE MEASURE BIO-1A  If feasible, the trees and shrubs will be removed during the non-nesting season (September 16 – January 31).  If not feasible, a qualified biologist will conduct nesting bird surveys prior to start of project-related activities. In accordance with the HCP/NCCP, surveys for golden eagle will be conducted within a ½-mile radius and 1,000 feet for Swainson’s hawk.  If no active nests are found within the survey area, no further avoidance measures will be necessary.  If active nest(s) are found, work will stop and the qualified biologist will evaluate the situation and determine the appropriate non- disturbance buffer zone in consultation with the California Department of Fish and Wildlife (CDFW) and the U.S. Fish and Wildlife Service (USFWS) Migratory Bird Permit Office. If buffers are established but it is determined that project activities are resulting in nest disturbance, work will cease immediately and the CDFW and USFWS will be contacted for further guidance. Prior to and during construction or project- related activities, whichever occurs first CCCPWD Environmental Services Division CCCPWD Environmental Services Division APPENDIX A: MITIGATION AND MONITORNG REPORTING PLAN (MMRP) Byron Highway-Camino Diablo Intersection Improvements Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department April 2015 Project No.: 0662-6R4094 CEQA No.: 15-01 Page 2 of 4 IMPACT MITIGATION, AVOIDANCE, AND MINIMIZATION MEASURES IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY COMPLIANCE VERIFICATION DATE IMPACT BIO-1B HCP/NCCP HABITATS MITIGATION MEASURE BIO-1B The project will mitigate permanent and temporary impacts to undeveloped habitats by fee payment to the Habitat Conservancy regardless if sensitive habitats and/or species are present. The fee is based on the impact acreage to undeveloped habitats, which is approximately 1.3 acres. The development fee per acre for permanent and temporary impacts is $12,117.05 and therefore, approximately $2,313 will be paid. In addition, applicable avoidance and minimization measures noted above for nesting birds and raptors and below in item (c) will be implemented which are required by the HCP/NCCP. Prior to construction or ground disturbance, whichever occurs first CCCPWD Environmental Services Division CCCPWD Environmental Services Division, East Contra Costa County Habitat Conservancy POTENTIAL IMPACT BIO-2A SEASONAL WETLAND AVOIDANCE MEASURE BIO-2A  Stake the outer edge of the buffer zone of seasonal wetland and seasonal wetland. Prior to construction or ground disturbance, whichever occurs first CCCPWD Biologist CCCPWD Resident Engineer, Environmental Services Division  Erect temporary filter and Environmental Sensitive Area (ESA) along perimeter of seasonal wetland as delineated by stakes. Prior to construction or ground disturbance, whichever occurs first CCCPWD Construction Contractor CCCPWD Resident Engineer, Biologist  Conduct worker awareness training of compliance requirements to construction personnel conducting ground-disturbing activities adjacent to the wetland by a qualified biologist of these measures and permit obligations of the County. Prior to construction or ground disturbance, whichever occurs first CCCPWD Biologist CCCPWD Resident Engineer, Environmental Services Division  Remove trash generated during construction promptly and properly from the site. During and after construction CCCPWD Construction Contractor CCCPWD Resident Engineer, Environmental APPENDIX A: MITIGATION AND MONITORNG REPORTING PLAN (MMRP) Byron Highway-Camino Diablo Intersection Improvements Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department April 2015 Project No.: 0662-6R4094 CEQA No.: 15-01 Page 3 of 4 IMPACT MITIGATION, AVOIDANCE, AND MINIMIZATION MEASURES IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY COMPLIANCE VERIFICATION DATE Services Division  Apply appropriate erosion control measures such as filter fences and hydroseeding that do not contain invasive nonnative species and composed of native or sterile nonnative species During and after construction CCCPWD Construction Contractor CCCPWD Resident Engineer, Environmental Services Division IMPACT BIO-2B SEASONAL WETLAND MITIGATION MEASURE BIO-2B:  Mitigate permanent and temporary impacts to unavoidable impacts to seasonal wetlands by fee payment to the East Contra Costa Habitat Conservancy. Prior to construction or ground disturbance, whichever occurs first CCCPWD Environmental Services Division CCCPWD Environmental Services Division, East Contra Costa County Habitat Conservancy  Permits will be obtained from the USACE and RWQCB and applicable best management practices as conditioned in the permits will be implemented to minimize impacts to downstream waters and seasonal wetlands. Prior to construction or ground disturbance, whichever occurs first CCCPWD Environmental Services Division CCCPWD Environmental Services Division  Avoidance Measure BIO-2A will also be implemented. See BIO-2A See BIO-2A See BIO-2A VIII. HAZARDS AND HAZARDOUS MATERIALS IMPACT HAZ-1: CONTAMINATED SOIL AVOIDANCE MEASURE HAZ-1: A subsurface investigation will be conducted prior to start of construction. If the soil is contaminated, the excavated soil will be disposed of at an appropriate disposal facility and the contractor will be required to prepare a health and safety worker plan. Prior to and during construction or project- related activities, whichever occurs first CCCPWD Design/Construction Division CCCPWD Environmental Services Division APPENDIX A: MITIGATION AND MONITORNG REPORTING PLAN (MMRP) Byron Highway-Camino Diablo Intersection Improvements Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department April 2015 Project No.: 0662-6R4094 CEQA No.: 15-01 Page 4 of 4 IMPACT MITIGATION, AVOIDANCE, AND MINIMIZATION MEASURES IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY COMPLIANCE VERIFICATION DATE XII. NOISE IMPACT NOI-1 TEMPORARY NOISE INCREASE DURING CONSTRUCTION MINIMIZATION MEASURE NOI-1:  Provide advance written notification of construction activities to noise-sensitive uses around the construction sites. Notification shall include a brief overview of the project and its purpose as well as the proposed construction activities and schedule. It also shall include the name and contact information of the CCCPWD Resident Engineer to resolve reported noise concerns. Prior to construction or ground disturbance, whichever occurs first CCCPWD Resident Engineer or Contractor CCCPWD Environmental Services Division  Locate stationary equipment as far as practical from noise-sensitive uses.  Turn off construction equipment when not in use, when feasible.  Comply with manufacturers’ muffler requirements on all construction equipment engines.  Construction activities are generally limited to the hours between 7 a.m. to 5 p.m. Construction noise-generating activities will be limited to 8 a.m. to 5 p.m. During construction CCCPWD Contractor CCCPWD Resident Engineer, Environmental Services Division INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 ATTACHMENT B Response to Comments INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 LIST OF COMMENT LETTERS 1. JONATHAN DORR (May 1, 2015) 2. RAY PERRY (May 1, 2015) 3. MIKE NISEN (April 24, 2015) 4. DEBBIE NISEN (April 24, 2015) 5. CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD (April 28, 2015) 6. CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY (April 30, 2015) 7. GOVERNOR’S OFFICE OF PLANNING AND RESEARCH (STATE CLEARINGHOUSE) (May 6, 2015) Flaws in the Initial study/Mitigated Negative Declaration Air quality Air quality during construction is estimated at 109lbs/day. Is someone going to measure this to make sure that it is within guidelines for the proximity to the homes. Much dust is going to be created and blown onto our homes. Is someone going to pay to have our windows and walls washed when construction is done? Storm drains / run off With a side walk going in, are storm drains going to be put in as well? Is the sewer going to be moved over to accommodate the expansion? Several of the homes on Byron Highway originally had septic systems with leach lines. Have all lines and tanks been accounted for since the expansion may uncover hidden lines that are not on any maps? The run off from this sidewalk: is it going to go into the seasonal creek that is detailed on the south west side of Byron and Camino Diablo? If so, that creek flows into the many backyards along Byron Highway and Camino Diablo to the east. This area was left of the biological study area, but is connected to the area that is on the study. Along the lines of the creek, there are many wild animals not mentioned in the animal study; Including fox, coyote, skunks, opossum, frogs, owls, and Hawks. There are also domesticated livestock in this area. Noise With the widening of the road the homes will now be closer to the road by several feet. In the report there is no mention of any samples being taken at peak driving times with the approximate set back that the road will have when done, to see if it is a significant increase in noise levels. Traffic volume report The report sites data from a 2012 study. Current rates and flow of traffic are significantly more than they were at that time. Tree removal If trees are to be removed it says that they are only going to be a minor impact but this is wrong. In the spring and fall we get winds that reach 60 mph and the trees are a significant wind block for the homes along the high way. They are also used for shade in the summer time to cut back on cooling bills. Carbon dioxide levels Once the construction is done, the signal will back traffic up in the north bound direction. This will leave cars idling for long periods of time along the way. During peak traffic conditions this will significantly increase the levels of carbon dioxide in the air, and with the homes being closer to the road, and less trees, it will be even worse for occupants of the homes. Power lines The report says nothing about the moving of the power lines that are overhead. When they widen the road they are going to have to move the lines closer to the homes. There are studies that show major concerns for proximity of power lines to children and the elderly. The EMF or electromagnetic field generated by the lines must be measured to see if there will be a considerable negative impact. Schools The report states that there are no schools in the area so nothing needs to be researched about that. But, there are three home schooling families in the direct vicinity of the construction zone. These homes need to be treated as school sites. The children are home all day working on education just as they would if they were at a traditional school site. The construction noise alone will be a considerable negative impact. Visual curb appeal The road widening will be taking trees, fences, and established ground cover. This will very significantly affect the home owners curb appeal and potential property value. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 COMMENT LETTER #1. JONATHAN DORR (May 1, 2015) Comment 1-1: Air quality Air quality during construction is estimated at 109lbs/day. Is someone going to measure this to make sure that it is within guidelines for the proximity to the homes. Much dust is going to be created and blown onto our homes. Is someone going to pay to have our windows and walls washed when construction is done? Response: There is no estimate of construction emissions of 109 lbs/day. However, the maximum construction emissions for particulate matter (PM2.5) is estimated to be 1.9 lbs/day for any of the construction phases. According to the Bay Area Air Quality Management District (BAAQMD), it is not reasonably feasible to measure equipment emissions during construction as the thresholds are based on averages. Rather, it will be the responsibility of the CCCPWD on-site project Resident Engineer and Environmental Services Division staff to ensure that the construction contractor is complying with minimizing construction emissions (i.e., controlling dust with water application, minimizing idling times). In addition, dust complaint signs with contact information to CCCPWD and the BAAQMD will be posted within and near the construction area. CCCPWD will not pay to have windows and walls of houses washed when construction is done as implementation of measures to minimize construction emissions and dust are not anticipated to result in particulate residue on the houses that would require washing. Comment 1-2: Storm Drains/Run Off Comment 1-2A: With a side walk going in, are storm drains going to be put in as well? Is the sewer going to be moved over to accommodate the expansion? Several of the homes on Byron Highway originally had septic systems with leach lines. Have all lines and tanks been accounted for since the expansion may uncover hidden lines that are not on any maps? Response: Yes, storm drains will be installed. The project will not require relocation of the main sewer line servicing homes along Byron Highway. The Byron Sanitary District was contacted to obtain location information of the main sewer line alignment and associated manholes. Access to the manholes will be made available. Sewer laterals (from the house to the main line) are anticipated to be exposed during construction and will be repaired if damaged. Septic systems and associated leach lines are typically placed behind residential structures and therefore are not anticipated to be encountered during construction. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 Comment 1-2B: The run off from this sidewalk: is it going to go into the seasonal creek that is detailed on the south west side of Byron and Camino Diablo? If so, that creek flows into the many backyards along Byron Highway and Camino Diablo to the east. This area was left of the biological study area, but is connected to the area that is on the study. Response: Yes, the runoff from the sidewalk will enter the storm drain inlets and culvert system which will enter into the drainage area on the southwest side of the intersection. The CEQA document acknowledges that the drainage area flows into a culvert underneath Byron Highway and drains into an earthen ditch behind the gas station and residential properties. The drainage area behind the residential properties was not included in the biological study area as the project will not have direct or indirect impacts to this drainage. The project will incorporate applicable best management practices during construction (i.e., silt fence barriers, fiber rolls, etc.) to avoid and minimize construction-related pollutants, debris, and sediment from entering the drainage area. Further, the disturbed areas will be hydroseeded upon project completion or prior to a rain event if still under construction. The hydroseed mix will consist of native seasonal wetland vegetation. The design considered the additional storm water flows being introduced in the creek from the impervious area being added. A small storm water detention basin will be constructed at the northeast corner of Byron Highway and Camino Diablo Road. It is designed so that runoff discharge rates and durations match the pre- project discharge rates and durations. Comment 1-2C: Along the lines of the creek, there are many wild animals not mentioned in the animal study; including fox, coyote, skunks, opossum, frogs, owls, and Hawks. There are also domesticated livestock in this area. Response: The Biological Resources section (IV) of the CEQA Guidelines directs the evaluator to determine if the project will have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service and if the project will interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. As noted above, the project will not impact the drainage area behind the residences. The drainage area southwest of the intersection was not identified to support special-status species nor as a native resident migratory wildlife corridor. The CEQA document identifies several raptors that may occur in the project area and notes that surveys for nesting birds and raptors will be conducted prior to tree removals INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 and start of construction activities. If active nests are present avoidance measures as outlined in the CEQA document will be implemented. The constructed project will not permanently interfere with wildlife movements in the area as the project is limited to road improvements and there are no features that would potentially pose a barrier. However, construction activities may temporarily inhibit dispersal, migration, and daily movement of common wildlife but it is not anticipated considering its location within a heavily traveled road. Livestock will not be impacted by the project as impacts will be limited to the roadway and frontage of residential properties. Comment 1-3: Noise With the widening of the road the homes will now be closer to the road by several feet. In the report there is no mention of any samples being taken at peak driving times with the approximate set back that the road will have when done, to see if it is a significant increase in noise levels. Response: As noted in the Noise section (XII) of the CEQA document, traffic noise impacts associated with project operation (constructed project) were evaluated in terms of how project-related traffic noise increases could affect existing residences on existing roadways. Traffic noise levels at the existing residences along the project alignment were modeled using the Federal Highway Administration Traffic Noise Model Version 2.5 for both No Build and Build scenarios under the existing and 2030 cumulative conditions. The existing traffic conditions used in this analysis were from the most recent traffic data collected for this project in December 2012 and January 2013 and future traffic conditions projected by the Contra Costa Transportation Authority travel demand forecasting model which is based on applying growth rates between 2012 and 2030 daily traffic volumes. To determine the predicted traffic noise increases that would result from the constructed project, the largest alignment alterations of the first row residences located along Byron Highway and Camino Diablo Road within the project area were identified and included in the model. PM peak hour traffic volumes were used for the analysis because these volumes are the highest hourly traffic volumes during a 24-hour day. The modeling results indicate that the increases in traffic noise levels at the modeled receivers are expected to be less than 3 dB, which is the threshold of perceptible change for operation impacts. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 Comment 1-4: Traffic volume report The report sites data from a 2012 study. Current rates and flow of traffic are significantly more than they were at that time. Response: More recent traffic volume and turning movement count data is not available; the traffic volume data was collected in December 2012 and January 2013 which was during the preliminary design phase of the project when data collection typically occurs. If traffic rates have increased beyond those documented in 2012 and 2013, this would further support the need for the traffic signal to improve the overall flow of traffic at the intersection. Comment 1-5: Tree removal If trees are to be removed it says that they are only going to be a minor impact but this is wrong. In the spring and fall we get winds that reach 60 mph and the trees are a significant wind block for the homes along the high way. They are also used for shade in the summer time to cut back on cooling bills. Response: Your comments are not CEQA considerations and rather are related to physical and financial impacts to the property which will be valued during the appraisal process. Comment 1-6: Carbon dioxide levels Once the construction is done, the signal will back traffic up in the north bound direction. This will leave cars idling for long periods of time along the way. During peak traffic conditions this will significantly increase the levels of carbon dioxide in the air, and with the homes being closer to the road, and less trees, it will be even worse for occupants of the homes. Response: The existing queue for vehicles traveling northbound on Byron Highway turning onto Camino Diablo Road is approximately 50 feet and the backup with the addition of the signal would be 150 feet. While there is an increase in the queue created by the signal, the length is not expected to extend past the Valero gas station. The northbound through traffic will be able to continue unimpeded by the light as the signal will be timed in a manner that will give more green time to the heavier movements and will change throughout the day to accommodate peak time periods. The signal will allow the intersection to function more efficiently, decreasing the overall idling time for vehicles in all directions. Therefore, carbon dioxide levels are not anticipated to increase. Further, the project will not create additional travel through-lanes that would generate a potential increase in traffic and thus an increase in air pollutants. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 Comment 1-7: Power lines The report says nothing about the moving of the power lines that are overhead. When they widen the road they are going to have to move the lines closer to the homes. There are studies that show major concerns for proximity of power lines to children and the elderly. The EMF or electromagnetic field generated by the lines must be measured to see if there will be a considerable negative impact. Response: In the project description of the CEQA document we state that utility relocations will be required to accommodate the road widening and thus will require moving the existing utility poles closer to the residences. Electric and magnetic fields (EMF) are present where electricity is used. This includes not only utility transmission lines, distribution lines, and substations, but also the building wiring in homes, offices, and schools, and in the appliances and machinery used in these locations. Recognizing that there is public interest and concern regarding potential health effects from exposure to EMF, the California Public Utilities Commission (CPUC) has repeatedly noted that EMF is not an environmental impact to be analyzed in the context of CEQA because (1) there is no agreement among scientists that EMF does create a potential health risk, and (2) there are no defined or adopted CEQA standards for defining health risk from EMF. Comment 1-8: Schools The report states that there are no schools in the area so nothing needs to be researched about that. But, there are three home schooling families in the direct vicinity of the construction zone. These homes need to be treated as school sites. The children are home all day working on education just as they would if they were at a traditional school site. The construction noise alone will be a considerable negative impact. Response: The Public Services section (XIV) of the CEQA document notes that the closest public school is Excelsior Middle School located approximately 1.25 miles north of the project area. Schools and residences are considered sensitive receptors and therefore, as noted in the Noise section (XII) of the CEQA document, noise-reduction measures will be implemented as outlined in Mitigation Measure NOI-1 of the document which would be the same for projects occurring near public schools. Comment 1-9: Visual curb appeal The road widening will be taking trees, fences, and established ground cover. This will very significantly affect the home owners curb appeal and potential property value. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 Response: As noted above in Response 1-5, your comments are not CEQA considerations and rather are related to physical and financial impacts to the property which will be valued during the appraisal process. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 COMMENT LETTER #2. RAY PERRY (May 1, 2015) Comment 2-1: Section 1 1. Losing chain link fence on both parcels. 2. Losing portion of driveway on both parcels. 3. Trees on both parcels (which provide sound barriers and reduce cooling costs). 4. Aesthetics (will have to build barrier fence on both parcels to block sound resulting in loss of mountain view). 5. Reduced market value on both parcels due to closeness of house to highway. This also will increase difficulty in renting houses and may result in having to reduce rent. Hopefully, I do not lose my current renters. 6. Reduce income and plans to renovate vacant house on parcel 002-140-005-6. I delayed plans to renovate till informed how much property would be taken and now am unable to renovate because road nearness to house would render it extremely difficult to rent or perhaps eventually sell. Response 2-1: Most of your comments aren’t related to the CEQA considerations and rather are related to physical and financial impacts to the property which will be valued during the appraisal process. CCCPWD has notified the community of this project and associated impacts through Supervisor Mary Piepho’s office and held presentations at the Byron Municipal Advisory Committee (MAC) meetings for the community to express questions and concerns related to project impacts. Comments 2-2: Section 2 1. The sewer line is close to 60 years old and could present a potential problem because it appears it will have to be relocated. Response: The sewer line system will not be relocated. 2. There is the possibility of leaking underground storage tanks and contaminated soil at the Trucking Company located at the corner of main street & Camino Diablo because years ago this was an oil and gas Distributor for Signal Oil. Response: A Phase I Environmental Site Assessment was conducted to identify recorded contaminated sites and assess potential contaminated sites in the project area. Considering the present and historical land uses of the area, subsurface investigations will be conducted where there will be excavations at potentially- contaminated areas prior to construction. If contamination is identified through subsurface investigations, the appropriate agencies and qualified professionals will be notified to determine any remedial actions and handling and disposal INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 requirements. 3. At one time there was a gas service station across the street from the Trucking Company therefore the possibility of leaking underground storage tank sites and contaminated soil could be encountered there as well. Response: See above response. 4. Utilities lines will have to be relocated which is going to be detrimental to property owners. Response: The only utility that will be relocated is the PG&E pole and distribution line which will vary between 5 and 15 feet toward the residential structures. CCCPWD is not able to respond further as it is not clear what is meant by detrimental. 5. Water Quality could be affected with wells in the project area. Response: As noted in the Hydrology and Water Quality section (IX) of the CEQA document, depth to groundwater measured from monitoring wells at the Valero gas station located at the southeast corner of the intersection ranged from 7 to 12 feet below ground surface. Maximum excavation is anticipated to be approximately 6.5 feet. Considering the present and historical land uses of the area, subsurface investigations will be conducted where there will be excavations at potentially- contaminated areas prior to construction. If contamination is identified through subsurface investigations, the appropriate agencies and qualified professionals will be notified to determine any remedial actions and handling and disposal requirements. 6. There is a greater noise problem than acknowledged in your report because the removal of the trees along the frontage will mean loss of a sound barrier for houses on both parcels. Response: Previous studies conducted by Caltrans and other Department of Transportation agencies have shown that vegetation provides minimal noise attenuation and is not considered an effective noise barrier. The project is anticipated to be beneficial as it will result in a smoother road pavement which will contribute to some noise reduction. The removal of trees will be valued during the appraisal process. Comment 2-3: The report is wrong when it states that the project would be no impact or have a substantial adverse effect on a scenic vista. The scenic and privacy impact on homes with loss of trees will devalue property worth as well as potential sales of homes. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 Response: A scenic vista is defined as a viewpoint that provides expansive views of a highly valued landscape for the benefit of the general public. As noted in the Aesthetics section (I) of the CEQA document, the Contra Costa County General Plan identifies the scenic ridges and hills as one of the main scenic resources in Contra Costa County as it forms the backdrop for much of the developed portions of the area. The rolling hills and Mount Diablo ridgelines to the west of Byron provide a scenic vista from Byron Highway. The view of this scenic vista from your property will not be affected by the project. Loss of the trees will be valued during appraisal process. Comment 2-4: Air quality will be adversely affected for the residents in houses that will now sit extremely close to road with this project because the olive trees provide oxygen and sequester CO2. Also, with the removal of all trees for this project will produce more exhaust that will flow unobstructed from vehicles and directly to the house. Response: The project will not create additional travel through-lanes that would generate a potential increase in traffic and thus there would be no increase in air pollutant emissions. Comment 2-5: In the report the wind speeds are incorrect. My family and I have lived and owned these parcels since the 1940s and the winds are much higher than your report. This is known by all residents to be an extremely windy area, especially in the late afternoon including during “rush hour traffic.” Response: Comment noted. Further review of wind speeds in the Byron area indicates that average wind speeds range from 7 mph in the winter months to 10 mph in the summer months. Comment 2-6: The Biological Resource Section is in error. There are hawks that nest in the effected trees along with other species of birds. Also, there are frogs in the area. Fish & Game needs to provide a indept report. Also, less than a mile away there have been siting of foxes. There is the possibility of eagles with a ½ mile radius. Response: The Biological Resources section (IV) of the CEQA Guidelines directs the evaluator to determine if the project will have a substantial adverse effect, either directly or through INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service and if the project will interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. As noted in the Biological Services section of the CEQA document, Department of Fish and Wildlife (DFW) (formerly Department of Fish and Game) special-status species database was reviewed by a qualified biologist to determine the likelihood of species presence in the area. The CEQA document identifies several raptors that may occur in the project area and notes that surveys for nesting birds and raptors will be conducted prior to tree removals and start of construction activities. If active nests are present, avoidance measures as outlined in the CEQA document will be implemented. The CEQA document was submitted to the DFW and no responses were received. The constructed project will not permanently interfere with wildlife movements in the area as the project is limited to road improvements and there are no features that would potentially pose a barrier. However, construction activities may temporarily inhibit dispersal, migration, and daily movement of common wildlife but it is not anticipated considering its location within a heavily traveled road. Further, the project is located within the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) inventory area and is a covered activity. The HCP/NCCP complies with Section 10(a)(1)(B) of the federal Endangered Species Act administered by the U.S. Fish and Wildlife Service and the California Natural Community Conservation Planning Act of 2003 administered by the California Department of Fish and Wildlife (formerly Fish and Game). The HCP/NCCP is intended to provide an effective framework to protect natural resources and special-status species recovery in eastern Contra Costa County while improving and streamlining the environmental permitting process for potential impacts on these species and associated habitats. While the project is not anticipated to impact special-status species or suitable habitat, the HCP/NCCP requires compensatory mitigation to the East Contra Costa County Habitat Conservancy for both permanent and temporary impacts to undeveloped lands and reporting applicable species-specific avoidance and minimization measures that will be implemented. The mitigation fees will contribute to recovery of special-status species and associated habitats within East Contra Costa County through purchase and management of preserve lands. Comment 2-7: When the drainage ditch was inspected in this report it stated the ditch was dry. Well, there has been a 4 year drought. What about the years when we have an abundance of rainfall. This was not considered in the report. Therefore, the assertion in the report is INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 not accurate. Response: The Biological Resources section (IV) of the CEQA document reported observations made at the time of the field visits and acknowledged that the drainage ditch is ephemeral and likely only carries water during storm events where they receive both direct precipitation and urban runoff. Comment 2-8: The Utilities & Service System section is in error when it states that no impact to comply with federal, state, & local statu[t]es and regulations related to solid waste. The almost 60 year sewer system which is going to be relocated could produce serious effects to property owners and the sewer district. Response: The sewer line system will not be relocated. Comment 2-9: I feel a NMPDES General Permit must be attained and a waiver is not acceptable. Also, setback requirements have not been address in the report. I am very concerned about 15103 Byron Highway in regards to setback requirements. Response: The NPDES General Permit allows for a waiver to be issued if the project meets the specific criteria which include soil disturbance between 1 and 5 acres and not exceeding the erosivity value for the proposed construction period. Even if the project qualifies for a waiver, CCCPWD will still be responsible for ensuring that best management practices for water pollution control are identified and implemented during construction activities. The reduction of the property would be assessed as part of the appraisal process. Property owners impacted by the project would be able to request a variance from the Contra Costa County Department of Conservation and Development considering the loss is a result of this project. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 COMMENT LETTER #3. MIKE NISEN (April 24, 2015) Comment 3-1: The California Air Resources Board (CARB) has implemented a “five minute idling rule” for heavy construction equipment. Under most circumstances, the machines cannot idle for more than five consecutive minutes under normal operations. This is stipulated under Title 13, Sec. 2449(3)(a). The construction equipment engines have been categorized as Tier 0, Tier 1, Tier 2, Tier 3, and Tier 4 by CARB. Tier 0 engines are the oldest and emit more particulate matter (PM) which are basically a mixture of solids and some liquid material. The tier 0 engines also produce more nitrogen oxide (NOx), which is a gas produced when fuel is burned at high temperatures. The higher the tier rating, the less of the PM and NOx produced from the engines. The state has scheduled a timetable which mandates a complete turnover of construction equipment to tier 4 standards on a sliding scale process, depending on the size of the fleet. Not all construction companies have had the opportunity to completely change their fleets over to the newest machines yet, mainly due to economic reasons. Although all categories of the machines are still allowed in use on most projects, I would suggest that only equipment with tier 3 or tier 4 engines be allowed in use [at] the jobsite and stipulated in the contract. Comment 3-2: The construction firm awarded the project should ensure that these vehicles all have the proper certificate of reported compliance for truck and bus regulation issued by the California EPA/Air Resources Board, and also should be stipulated in the contract. Response: As noted in the Air Quality section (III) of the CEQA document, estimated construction emissions were analyzed and determined to be below the Bay Area Air Quality Management District (BAAQMD), CEQA Air Quality Guidelines thresholds using an approved model. It is the responsibility of the respective fleet companies to comply with the CARB regulation. The County cannot impose these requirements as it could limit a significant volume of the bidding pool to bid on the job because they did not have new equipment. Imposing this requirement would be particularly restrictive given that the project was determined not to exceed thresholds. In addition to air pollution control measures identified for this project, the project contract specifications require the contractor to comply with air pollution control rules, regulations, ordinances, and statutes. Further, it will be the responsibility of the County’s on-site Resident Engineer to ensure that the construction contractor and their subcontractors are in compliance with the air pollution control requirements stipulated in the contract specifications. The project site will also have air pollution complaint signs with contact numbers for the County and BAAQMD if there are air quality concerns during construction. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 Comment 3-3: In the portion of the document entitled “Existing Traffic Conditions”, it is stated that Byron Highway and Camino Diablo Road are heavily used truck and arterial routes. It should be noted that efforts are presently underway to remove truck traffic off of Camino Diablo entirely, except for local ingress and egress. Truck traffic is being routed to Marsh Creek Road (State Route 4) via the Byron Highway and vice versa, due to the adverse impact to the residents of Camino Diablo, the narrow configuration of the roadway itself, the lack of consistent shoulders, and the deterioration of the pavement. Response: Comment noted. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 COMMENT LETTER #4. DEBBIE NISEN (April 24, 2015) Comment 4-1: The commenter states that she reviewed the CEQA document which appears to be very thorough in addressing the environmental aspects at the site and agrees and supports the Mitigated Negative Declaration. The commenter further states that the project is very important to the Byron community considering that traffic volume along with unsafe conditions at the intersection have made it very dangerous especially during commute hours. Response: Letter in support of this project is acknowledged. No further response is necessary. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 COMMENT LETTER #5. CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD (April 28, 2015) Comment 5-1: The Central Valley Regional Water Quality Control Board (RWQCB) states that their agency is delegated with the responsibility of protecting the quality of surface and groundwaters of the state and as such their comments will address concerns surrounding those issues. The RWQCB identifies various permits that may be required for the project. Response: The Biological Resources (IV) of the CEQA document notes that permits will be obtained for impacts to the drainage area which is considered state (Regional Water Quality Control Board) and federal (Army Corps of Engineers) jurisdictions, and the Hydrology and Water Quality section notes that a NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbances [Order No. 2012- 0006-DWQ] will be obtained. No further response is necessary. Mike N. Oliphant Project Manager Mining and Specialty Portfolios Chevron Environmental Management Company P.O. Box 6012 San Ramon, CA 94583 Tel (925) 790 6431 Fax (925) 790 6772 mike.oliphant@chevron.com April 30, 2015 Stakeholder Communication – Contra Costa County Ms. Claudia Gemberling Environmental Analyst II Contra Costa County Public Works Department 255 Glacier Drive Martinez, California 94553 Subject: Comments on the Proposed Mitigated Negative Declaration for the Byron Highway-Camino Diablo Road Intersection Improvements Project Chevron Environmental Management Company Historical Pipeline Portfolio–Bakersfield to Richmond Dear Ms. Gemberling: On behalf of Chevron Environmental Management Company (CEMC), Leidos Engineering LLC (Leidos; CEMC contract consultant) recently reviewed the Proposed Mitigated Negative Declaration for the Byron Highway- Camino Diablo Road Intersection Improvements Project (County File No. CP 15-01). The information contained in this letter may help you in planning this project and to understand something about Chevron's former pipeline operations in the unincorporated community of Byron in Contra Costa County, as residual weathered crude oil, abandoned pipeline, and asbestos-containing materials (ACM) could potentially be encountered during subsurface construction activities in these former pipeline rights of way (ROWs). Portions of the former Old Valley Pipeline (OVP) and Tidewater Associated Oil Company (TAOC) pipelines existed in the vicinity of the proposed project area. These formerly active pipelines were constructed in the early 1900s and carried crude oil from the southern San Joaquin Valley to the San Francisco Bay Area. Pipeline operations for the OVP ceased in the 1940s, and in the 1970s for the TAOC pipelines. When pipeline operations ceased, the pipelines were taken out of commission. The degree and method of decommissioning varied: in some instances the pipelines were removed, while in others, they remained in place. Because these pipelines have been decommissioned, with the majority of pipelines having been removed, they are not readily identified as underground utilities through the Underground Service Alert North System or utility surveys. Figure 1 illustrates the location of the former OVP and TAOC ROWs with respect to the proposed site overview plan. The location of the pipelines shown on Figure 1 is based on historical as-built drawings and the approximated positional accuracy of the alignments is generally +/- 50 feet. The OVP and TAOC pipelines were installed at depths of up to 10 feet below ground surface. The steel pipelines were typically encased in a protective coating composed of coal tar and ACM. Working under the direction of State regulatory agencies, CEMC conducted risk assessments at numerous locations with known historical crude-oil release points along the former OVP and TAOC pipelines. Analytical results from these risk assessments indicated that the crude-contaminated soil was non-hazardous. Accordingly, it is likely that Ms. Claudia Gemberling – Contra Costa County Public Works Department April 30, 2015 Page 2 of 2 if soil affected by the historical release of crude oil from these former pipelines is encountered during construction activities it may be reused as backfill on site. Properly abandoned crude-oil pipeline may be left in the ground. Parties conducting construction activities in the vicinity of these former pipeline ROWs may wish to use the information provided in this letter to help prepare for the possibility of encountering abandoned pipelines and pipeline-related ACM during the course of their work. For more information regarding these historic pipelines, please visit http://www.hppinfo.com/. If you would like additional information, or would like to request more detailed maps, please contact Leidos consultants Mike Hurd (michael.t.hurd@leidos.com) at (510) 466-7161 or Tan Hoang (tan.t.hoang@leidos.com) at (916) 979-3742. Sincerely, Mike Oliphant MO/klg Enclosure: Figure 1. Historical Pipeline Rights of Way – Byron Highway-Camino Diablo Road Intersection Improvements cc: Mr. Mike Hurd – Leidos 1000 Broadway, Suite 675, Oakland, California 94607 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXByron, California BYRON HIGHWAY-CAMINODIABLO ROAD INTERSECTIONIMPROVEMENTS 1DATE: 4/17/2015 ANALYST: HOANGTA FIGURE:Map is compiled from data sources that vary in accuracy; features may not be displayed in exact relationship to one another. Do not rely on map for legal information or underground work.I0 50 100 Feet FILE: Q:\HPPBTR\MANAGEMENTSTRATEGY\POTENTIAL PROJECTS\CONTRA COSTA\BYRONCAMINODIABLOINTERSECTION\PROJECTS\FIGURE 1\PSEP_FIG1_BYRONCAMINO_2015_04.MXDXXXHistorical Old Valley Pipeline (OVP) ! ! ! Historical Tidewater AssociatedOil Company (TAOC) PipelineHISTORICAL PIPELINE RIGHTS OF WAY INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 COMMENT LETTER #6. CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY (April 30, 2015) Comment 6-1: Leidos Engineering LLC, on behalf of Chevron Environmental Management Company (CEMC), describes the background of inactive, historic crude-oil pipelines within the project vicinity and identifies the approximate location of the former Old Valley Pipeline (OVP) and Tidewater Associated Oil Company (TAOC) alignments with respect to the project’s layout. Leidos further states that CEMC conducted risk assessments at numerous locations within known historical crude-oil release points along the former OVP and TAOC pipelines and analytical results have indicated that the crude-contaminated soil was non-hazardous. If soil affected by the historical release of crude oil from these former pipelines is encountered during construction activities it may be reused as backfill on site. Parties conducting construction activities in the vicinity of these former pipeline right-of-ways may wish to use the information provided in the letter to help prepare for the possibility of encountering pipelines and pipeline- related ACM during the course of their work. Response: Comments noted. No further response is necessary. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT BYRON HIGHWAY-CAMINO DIABLO IMPROVEMENTS PROJECT (#0662-6R4094) COUNTY CEQA FILE #: CP 15-01 COMMENT LETTER #7. GOVERNOR’S OFFICE OF PLANNING AND RESEARCH (STATE CLEARINGHOUSE) (May 6, 2015) 1-1: Letter from Governor’s Office of Planning and Research, State Clearinghouse and Planning Unit stating that the Initial Study Mitigated Negative Declaration (SCH# 2015042014) was submitted to selected state agencies for review and that comments from the responding agencies are provided. The letter further states that a responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are to be carried out or approved by the agency. The State Clearinghouse received and forwarded one comment letter; Central Valley Regional Water Quality Control Board (Comment Letter #5). RESPONSE: Acknowledgement letter from the State Clearinghouse is noted. No further response is necessary.