Ground-disturbing activities will be suspended when sustained winds exceed 25 mph, instantaneous gusts exceed 35 mph, or dust from construction might obscure driver visibility on public roads.
Disturbed areas of the site will be watered as necessary depending on the conditions, using water trucks and/or sprinkler systems, to prevent airborne dust from leaving the site.
If available, reclaimed (non-potable) water will be used.
All dirt stockpiles would be covered (tarped) or watered daily, as necessary to prevent dispersion of windblown dust
All trucks hauling dirt, sand, soil, or other loose materials would be covered or would maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer), in accordance with California Vehicle Code Section 23114.
All disturbed areas in inactive portions of the site would be covered, seeded, and/or watered until a suitable cover is established or construction activities are resumed. Nontoxic soil stabilizers could be used in accordance with county, Regional Water Quality Project Requirements Project Requirement Description Control Board (RWQCB), (CRWQCB) and California Air Resources Board (CARB) standards.
Permanent dust control measures would be implemented as soon as possible following completion of any soil disturbing activities.
Project requirements would also be implemented during holidays, weekend periods, or times when work is temporarily suspended, as necessary to control site conditions generating fugitive dust. Contact information for the project manager as well as the Mendocino County Air Quality District would be made available to the public to ensure compliance with applicable regulations.
Equipment operators would avoid driving through, removing or burying native vegetation whenever possible.
Dune habitat outside of the construction footprint would be designated as Environmentally Sensitive Areas. Visible barriers, such as fencing or flagging, would be installed to clearly identify each ESA.
Environmentally Sensitive Areas would be off limits to vehicles, construction staging materials, and construction related activities.
Pre-construction and Concurrent
BIO–2. Tenmile shoulder band snail
Suitable Habitat survey with relocation of any snails outside the project area
Equipment operators avoid driving through, removing or burying native vegetation
Staging and storage sites with preventative incursion fencing or away from suitable snail habitat.
Phase 1: Habitat assessment within 150 meters of project area
Phase 2: Survey for burrows and owls through suitable habitat
Phase 3: Four burrow visits with burrow mapping and owl behavior documentation
Phase 4: Annual reporting and monitoring
September to February – Occupied burrows within 50 meters buffer will attempt to passive relocate to existing alternate burrow > 50 meters from activity or construct alternate. Artificial burrows are a 1:1 if original still viable, 2:1 if not. relocation 1 week before construction.
March to August – Occupied burrows within 75meters buffer. No activity until breeding concluded (fledge or adults no longer exhibit breeding behavior). Minimized activity within 400 meters
Daily monitoring while activity within 400m and bi-weekly after until breeding status has been determined
Pre/Post Construction and concurrent
Surveys: Winter and breeding season (annually)
Occupied Burrow monitoring during Breeding Season
Construction of alternative burrows in appropriate areas
Annual Burrowing Activity summary report
BIO–9. California Horned Lark – Eremophila alpestris actia
Pre-construction surveys, along the project area for California Horned Lark area will occur during the breeding season every 10 days.
Park staff or trained volunteers will monitor Horned Larks found to establish breeding status.
Project activities will be minimized in areas where Horned Larks are found to be breeding.
Pre-construction and concurrent
Surveys: breeding and daily project area
Annual presence/absence winter and breeding season monitoring
BIO–10. Yellow Warbler – Dendroica petechia
Surveys for Yellow Warblers will occur every 10 days during the nesting season, beginning May 1st and lasting through August or the end of activities, in habitats suitable for nesting within 150 meters of the project area.
Project activities will remain halt within 50 meters of an active Yellow Warbler nest.
Habitat alteration resulting from project activities will be restored using native vegetation
Post construction monitoring of suitable habitats within 150 meters of the project area through annual point counts
Pre/Post Construction and concurrent
Post construction native vegetation restoration
Avoidance and Mitigation Measures – Conditions
Timing related to construction
Responsible for Mitigation Implementation
Responsible for insuring Implementation
Circumstance of Completion
BIO–11. American Badger – Taxidea taxus
Project activities will occur during day-light hours
If an occupied badger burrow is found work will halt until the badger has relocated itself outside the project area.
If a burrow is being used as a nursery, efforts to relocate the young will occur only if needed.
If the young are unable to safely relocate, foster care arrangements with an area wildlife rehabilitation center will be made with the goal of re-introducing the badgers into the dune system once the young are self sufficient
1a – Avoidance Plan: A DPR archaeologist familiar with the project will provide the project manager a site-specific avoidance plan with associated maps developed for this project. These documents will illustrate the extent of permissible project work at each culturally sensitive area. Permissible work will vary at each culturally sensitive area and will be based on the extent of the archaeological constituents, the location of the resource in relation to area of direct impact, and the level of proposed ground disruptions at each location. Due to the sensitivity of archaeological resources and associated confidentiality issue, the avoidance plan and maps will not be provided in this “public” document; but rather, to the project manager and other appropriate project personnel when completed.
1b - Monitoring: A DPR qualified archaeological monitor will be present for all ground disturbing activities related to this project. These activities include but are not limited to, road removal, culvert restoration, invasive plant removal, and re-vegetation efforts. In some instances, archaeological monitoring may not be warranted; however, this will be determined at the discretion of the DPR archaeologist responsible for the review of this project.
1c - Mechanized Equipment: Mechanized “ride-on” equipment will be restricted to the hardened footprint of the former Union Lumber Company Haul Road. If circumstances dictate the need to deviate from the haul road footprint, these areas will need to be identified on a USGS topographic map by the project manager and will be reviewed by the DPR archaeologist responsible for this project review.
1d - Flagging Sensitive Areas: Prior to project implementation, archaeologically sensitive areas will be corded off with either flagging or construction fencing to form “protection zones.” This will insure these culturally sensitive areas are avoided and protected during removal of the haul road and during other associated restoration efforts. Protection zones flagging and/or fencing will remain in place until work in that area of the project is completed. The color of the flagging will vary to reflect the different treatment measures and will be identified in the treatment plan.
Staging Areas: Certain locations for staging/storage of vehicles, equipment, and/or material used during restoration efforts could impact culturally sensitive areas. Implementation Cult-2a-2b will maintain impacts at a “less than significant” level.
2a - A DPR archaeologist familiar with the project will review and authorize all vehicle and equipment staging and material storage sites except those staging/storage locations situated on the currently paved surface of the Haul Road or those locations outside of the park.
2b - Vehicle access and equipment staging will not be allowed in the locations of known archaeological sites.
Excess Material Disposal: This project has the potential to generate large amounts of excess materials from removal of the haul road and sand which currently cover portions of the road. Disposal of these materials within the Inglenook Fen – Ten Mile Dunes Natural Preserve has the potential to impact both documented and undocumented archaeological sites. The implementation of Cult 3a-3b will maintain potential impacts at a “less than significant” level.
3a - All introduced materials associated with construction of the Union Lumber Company Haul Road, once removed, will be disposed of outside of the Preserve and the greater MacKerricher SP.
3b- All excess sand generated from clearing of the Union Lumber Company Haul Road can be disposed of in the Preserve; however, disposal locations will not be allowed within the boundaries of archaeological sites. Additionally, prior to disposal of the excess sand, locations selected for this activity will need approval from a DPR archaeologist familiar with the project.
Removal of the Union Lumber Company Haul Road: The actual removal of Union Lumber Company Haul Road has the potential to significantly impact documented archaeological sites located within the Inglenook Fen-Ten Mile Dunes Preserve. Many of the sites are located adjacent to or are bisected by the feature. The road has acted like a protective cap over these archaeological deposits for the last 90 years. Ground disturbing activities to remove the road material could penetrate archaeological deposits currently capped by the haul road. Additionally, in some locations the only thing protecting archaeological deposits from being destroyed by coastal erosion is the haul road cap which acts as a barrier. To maintain potential impacts at a “less than significant” level, Cult-4a-4b will be implemented. The Avoidance Treatment Plan (Cult-1a) will identify these locations and specific treatment measures.
4a – To protect documented archaeological site deposits from being impacted by ground disturbing activities during removal of the haul road material, a foot of the existing road base cap will remain in place to act as a buffer between the archaeological deposits and impacts from excavation work. This treatment will include a ten meter buffer outside the horizontal boundary of each site where the haul road traverses the resources. These areas will be flagged, including the buffer zones, prior to the start of road removal efforts.
4b – In those locations where the haul road acts as a protective barrier between archaeological sites and impacts from coastal erosion, the haul road as it currently exists, will remain in place. This will include a ten meter buffer beyond the defined horizontal site boundary where the haul road traverses the resource. Prior to the start of road removal efforts, this area will be flagged as an “exclusion zone” (including the buffer). At these locations the haul road will not be removed.
Habitat Restoration Work/ European Beachgrass Removal: The Inglenook Fen-Ten Mile Dunes Natural Preserve has been inundated with European Beachgrass which has diminished habitat for native plants and animal species. In addition to removal of the haul road, other restoration efforts include the removal of Beachgrass in previously untreated and treated area. The Beachgrass is ubiquitous throughout the dunes including locations where archaeological resources are present. To maintain potential impacts to both documented and undocumented archaeological resources at a “less than significant” level, Cult-5a-5b will be implemented.
5a –Any locations where ground disturbing activities are proposed for the removal of invasive plant species or for planting of native plants will require additional archaeological review. This will include archival research and possible field investigations to identify previously undocumented archaeological resources in specified treatment areas.
5b – No ground disturbing activities will be allowed within the boundaries of archaeological sites for plant eradication or revegetation efforts.
Project Scope Changes: Often during projects, changes in the project scope occur. Any such changes could likely be out of the original scope of the project review for assessing potential impacts to the archaeological resources. Because of the high degree of archaeological sensitivity in the project area, any such change could potentially impact these resources. To maintain impacts at a “less than significant” level due to changes in the project scope, Mitigation/Treatment Measure Cult-6 will be implemented.
Changes in the project design including but not limited to the addition of land, changes in location, or construction methodology in the currently proposed project area must be recognized as being outside of the scope of this review for CEQA. All such additions and/ or changes will require further archaeological review/analysis.
Native American Consultation: The department recognizes its responsibility as the steward of many sites of cultural and spiritual significance to living Native peoples of California. As a result of this responsibility, the Department now has a Native American Consultation Policy and Implementation Procedures (DOM Chapter 0400) to oblige their responsibility of stewardship. Refer to Cult-7 for initiating consultation with appropriate tribal groups and members affiliated with the area.
Mitigation/Treatment Measures: Cult-7 (Native American Consultation)
The District will be responsible for conducting Native American consultation with the appropriate tribal groups and/or individuals.
Inadvertent Finds: The boundaries of the prehistoric sites located in the project area are based primarily on surface observations from terrestrial archaeological surveys and limited surface investigations. The reliability of these surface surveys is dependent on ground visibility and the extent of the surface manifestation associated with the archaeological deposits. Given the inherent nature of archaeological deposits, often located below the surface, and the placement of these archaeological deposits on the sand dunes, it is probable the full extent of these sites and their boundaries are not clearly defined. Concise determination of the horizontal and vertical distributions of these archaeological sites is difficult at best. To maintain impacts at a “less than significant” level, Cult-8 will be implemented in the event of inadvertent finds during project work.
In the event that previously unknown cultural resources (including but not limited to dark soil containing shellfish, bone, flake stone, groundstone, or deposits of historic trash) are encountered during project work by anyone, the state representative will immediately put a hold on work at that particular location and contractors will be redirected to other areas (tasks). A DPR-qualified archaeologist will record and evaluate the find and work with the state representative to implement avoidance, preservation, or recovery measures as appropriate to any work resuming at that specific location.
DISCOVERY OF HUMAN REMAINS
MacKerricher SP including the Inglenook Fen-Ten Mile Dunes Natural Preserve was used intensively by indigenous groups for thousands of years. Given the intensive utilization of the area, it is not surprising that human remains associated with Native American burial practices have been recorded at various locations throughout the park including the Preserve. In 1910, during construction in the dunes for the Union Lumber Company railroad bed a group of skeletons were found, indicating a cemetery was there (Berry 1977). Since that time, human remains have been exposed in other locations throughout the Preserve as the dunes shift and move.
To address the inadvertent discovery of human remains during any project work, DPR and the Native American Heritage Commission (NAHC) have developed a protocol for the treatment of such finds. Implementation of this protocol will maintain impacts at a “less than significant” level. Refer to Cult-9a-9c below.
Mitigation/Treatment Measure: Cult-9a - 9c (Discovery of Human Remains)
9a - In the event that human remains are discovered, work will cease immediately in the area of the find and the project manager/site supervisor will notify the appropriate DPR personnel. Any human remains and/or funerary objects will be left in place or returned to the point of discovery and covered with soil. The DPR Sector Superintendent (or authorized representative) will notify the County Coroner, in accordance with §7050.5 of the California Health and Safety Code, and the Native American Heritage Commission.
9b - The local County Coroner will make the determination of whether the human bone is of Native American origin. If the coroner determines the remains represent Native American interment, the NAHC in Sacramento will be consulted to identify the most likely descendants (MLD) and appropriate disposition of the remains. Work will not resume in the area of the find until proper disposition is complete (PRC §5097.98). No human remains or funerary objects will be cleaned, photographed, analyzed, or removed from the site prior to determination.
9c - If it is determined the find indicates a sacred or religious site, the site will be avoided to the maximum extent practicable. Formal consultation with the State Historic Preservation Office and review by the Native American Heritage Commission/Tribal Cultural representatives will occur as necessary to define additional site mitigation or future restrictions.
Geology and Soils
Mitigation Measure Geo-1
Best Management Practices would be used in all project areas to control soil and surface water runoff during excavation and removal of the road remnants and culverts. Removal of the culverts would not take place during the rainy season (October 31 to May 1/June15). If excavation and removal of remnant road materials takes place during winter months, “winterizing” would occur, including the covering (tarping) of any stockpiled soils and the use of temporary erosion control methods to protect disturbed soil.
Temporary erosion control measures would be used during all soil disturbing activities and until all soil has been stabilized. This could include the use of silt fences, straw bales, or fiber rolls to prevent soil loss and siltation into creeks.
Permanent erosion controls would consist of properly compacting disturbed areas and re-vegetation of disturbed soil areas with appropriate native species using locally collected seeds.
Greenhouse Gas and Emissions
Mitigation Measures Greenhouse gas-1 Greenhouse Gas and Air Quality Standard Project Requirement AIR 1:
DPR and its contractor(s) will maintain all construction equipment in good mechanical condition, according to manufacturer’s specifications. Construction equipment exhaust emissions will not exceed Bay Area Air Quality Management District (BAAQMD) Regulation IV – Rule 400 – Visible Emissions limitations (Cal EPA 2007b).
All off-road and portable diesel-powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, will be fueled with California Air Resources Control Board (CARB)-certified motor vehicle diesel fuel.
Idling time for all diesel-powered equipment will be limited to five minutes, except as necessary to maintain a continuous workflow or for safety considerations.
The use of diesel construction equipment meeting the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines will be maximized to the extent feasible
Electric and/or gasoline-powered equipment or equipment using alternative fuels, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane, or biodiesel, will be substituted for diesel-powered equipment, when available.
Greenhouse Gas and Air Quality Standard Project Requirement AIR 2: