orange county flood control district (lessee) - CA State Lands ...

CALENDAR ITEMC64A 74 06/21/13PRC 7312.9S 37 R. CollinsAMENDMENT OF LEASELESSEE:Orange County Flood Control DistrictAREA, LAND TYPE, AND LOCATION:Sovereign tide and submerged land in the Pacific Ocean, in the city of HuntingtonBeach, Orange County.AUTHORIZED USE:Construction and maintenance of the Talbert Channel Ocean Outlet whichincludes the dredging of a maximum of 7,500 cubic yards of material.LEASE TERM:49 years, beginning July 10, 1989.CONSIDERATION:Public Health and Safety; with the State reserving the right at any time to set amonetary rental if the Commission finds such action to be in the State’s bestinterest.PROPOSED AMENDMENT:Amend the lease to allow maintenance dredging of the Talbert Channel OceanOutlet up to a maximum of 30,000 cubic yards annually over the term of thelease. Dredged material will be disposed of at a U.S. Army Corps of Engineersdesignated disposal site, including sovereign land located in the near vicinityidentified as Lease Parcel 2. Section 3 land description is deleted in its entiretyand replaced with Exhibit A. All other terms and conditions of the lease shallremain in effect without amendment.OTHER PERTINENT INFORMATION:1. Applicant has the right to use the upland adjoining the lease premises.2. On July 10, 1989, the Commission authorized a General Lease – PublicAgency Use to Orange County Flood Control District for the constructionRevised 06/20/13-1-

CALENDAR ITEM NO. C64 (CONT’D)RECOMMENDED ACTION:It is recommended that the Commission:CEQA FINDING:Find that a Mitigated Negative Declaration, State Clearinghouse No.2012011009, and a Mitigation Monitoring Program were prepared by theOrange County Flood Control District and adopted on May 17, 2012 forthis Project and that the Commission has reviewed and considered theinformation contained therein.Adopt the Mitigation Monitoring Program, as contained in Exhibit C,attached and by this reference made a part hereof.SIGNIFICANT LANDS INVENTORY FINDING:Find that this activity is consistent with the use classification designated bythe Commission for the land pursuant to Public Resources Code section6370 et seq.AUTHORIZATION:Authorize the amendment of Lease No. PRC 7312.9, a General Lease –Public Agency Use, of sovereign land as described in Exhibit A and shownon Exhibit B (for reference purposes only) attached and by this referencemade a part hereof, effective June 21, 2013, to allow maintenancedredging in the Talbert Channel Ocean Outlet up to a maximum of 30,000cubic yards annually over the term of the lease, with dredged material tobe disposed of at a U.S. Army Corps of Engineers authorized disposalsite, including sovereign land located in the near vicinity identified asLease Parcel 2; section 3 land description is deleted in its entirety andreplaced with Exhibit A; all other terms and conditions of the lease willremain in effect without amendment.Revised 06/20/13-3-

Exhibit C: Mitigation Monitoring ProgramPotentialImpactMitigation MeasureLocationMonitoring/ReportingActionAgencyResponsibleTimingBIO-A:Impacts toSpecial-StatusspeciesMM BIO-1. Grunion protection measures shall beimplemented at all six outlets. These measures,outlined below in chronological order, are timesensitiveand require coordination with grunionmonitors in order to be effective.1. Trained personnel will assess the potential of thebeach to support grunion spawning at the outlet.Monitoring will be required only at sites that havebeen identified as those supporting grunionspawing activity.2. If outlet maintenance needs to be conducted duringthe spawning season at an outlet that may supportgrunion spawning, the predicted grunion run prior to(or during) the maintenance work will be monitored.The predicted grunion run will be monitored forthree nights: the night after the full or new moonphase and the two following nights. The monitoringwould occur from the time of the high tide for twohours following the tide, or until grunion stoprunning, whichever is later.3. If grunion are observed to run in the vicinity of anoutlet, ther area where they ran will be markedphysically and/or by Global Positioning System(GPS) locations. The density of the grunionsthroughout the area will be noted.4. Maintenance workers will avoid the spawning area,if possible.5. If spawning occurred over the entire maintenecearea, would will be rescheduled until the area isclear of eggs. This may occur during the window inbetween two grunion runs, i.e., the two or threedays before every full or new moon or when it hasTalbertChannelOutletCompliancemonitoringOC PublicWorksPrior to andduring anyprojectactivities atany of thesix outletsduring thegrunionspawningseason,MarchthroughAugustJune 2013Ocean Outlet Maintenance ManualMitigated Negative Declaration

Exhibit C: Mitigation Monitoring ProgramPotentialImpactMitigation Measurebeen otherwise determined that the eggs from therun have washed out to hatch.LocationMonitoring/ReportingActionAgencyResponsibleTimingBIO-A:Impacts toSpecial-StatusSpeciesMM BIO-2. Two qualified biological monitors would beprovided by OC Public Works during maintenanceactivities at Santa Ana River outlet, Talbert Channeloutlet, or both. The monitors shall observe maintenanceactivities to ensure that protected wildlife is not threatenedor disturbed and, in general, observe the behavior of theLeast Tern and Snowy Plover during the sediment removaloperation. The monitors shall submit a final report on theirdaily observations and recommendations for futuremaintenance activities; this report shall be forwarded toUSFWS and the California Department of Parks andRecreation (CDPR). One monitor shall observe theoperations at the excavation site and one will examine thedeposition site.TalbertChannelOutlet,SantaAnaRiverOutletMonitoringReportOC PublicWorksDuring anyprojectactivities atSanta AnaRiver Outlet,TalbertChannelOutlet, orboth.HYD-A:Violate waterqualitystandards orwastedischargerequirementsMM HYD-3. The project shall implement the followingBest Management Practices for avoiding or minimizingwater pollution:• Solid Waste Management: Trash in storm channeloutlets shall be collected and removed.• Vehicles and Equipment Cleaning: Vehicles usedin maintenance activities, such as bulldozers orfront loaders, shall be cleaned regularly at Countyfacilities prior to arriving on the beach or stormchannel, and after leaving the job site upon dailycompletion of work.• Vehicle and Equipment Maintenance: Vehiclesand equipment shall be inspected regularly off-sitefor leaks and fluid buildup, such as grease or oil. Ifany maintenance or repair is needed, thenecessary corrective measures shall be takenpromptly. Any vehicle or equipment with observedTalbertChannelOutletComplianceMonitoringOC PublicWorksDuring anyprojectactivities atTalbertOutletJune 2013Ocean Outlet Maintenance ManualMitigated Negative Declaration

Exhibit C: Mitigation Monitoring ProgramPotentialImpactMitigation Measureleaks or fluid buildup that could result in leakage ofsubstantial amounts of oil, grease, or other fluidsmust be repaired and cleaned before beingreturned to one of the project work sites.• Employee and Contractor Training: The OrangeCounty Flood Control District (OCFD) shall conductthorough employee training on activities that havethe potential to pollute stormwater.• Vehicle Leak Spill Control: The County shall usesecondary containment, such as drain pans or dropcloths, to catch leaks or spills under all equipmentwhen not in use. If leaks or spills are detected, theaffected machinery would promptly be removedfrom the site to a suitable location off of the beachand away from waters for repair. Employee trainingshall include the proper procedures for cleanup ofleaks and spills, and the disposition of spillmaterials.• Catch Basin Cleaning: The OCFCD shall maintainand monitor catch basins adjacent to the targetocean outlets to prevent and reduce pollutantbuildup from entering the ocean. This requirementapplies only to catch basins on public property.OCFCD does not have access to catch basins onprivate property; monitoring and maintenance ofcatch basins on private property is the responsibilityof the property owners.LocationMonitoring/ReportingActionAgencyResponsibleTimingJune 2013Ocean Outlet Maintenance ManualMitigated Negative Declaration