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Resiliency Planning for San Timoteo Canyon

November 2015

Resiliency Planning for General Plan Update on San Timoteo Canyon

Fall 2015Prepared for: The City of Redlands

Prepared by: Daniel Van Essen Brian Robey

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Safety Element Introduction: The aim of the safety element is to reduce the potential risk of death, injuries, property damage, and economic and social dislocation resulting from fires, floods, droughts, earthquakes, landslides, as well as other hazards and climate change impacts. Other locally relevant safety issues, such as airport land use, emergency response, hazardous materials spills, and crime reduction, may also be included. Some local jurisdictions have chosen to incorporate their hazardous waste management plans into their safety elements.

The safety element overlaps topics also mandated in the land use, conservation, and open space elements, as development plans must adequately account for public safety considerations and open space for public health and ecological benefits often incorporate areas of increased hazard risk. When preparing a new general plan or undertaking a comprehensive revision of an existing general plan, OPR suggests addressing these common topics in a single place rather than spreading them among four separate elements. The key concern should be to integrate effectively these common issues into the decision-making process.

The safety element must identify hazards and hazard abatement provisions to guide local decisions related to zoning, subdivisions, and entitlement permits. The element should contain general hazard and risk reduction strategies complementary with those of the Local Hazard Mitigation Plan. Ideally, the Local Hazard Mitigation Plan would be incorporated into the safety element as outlined below. Policies should identify hazards and emergency response priorities, as well as mitigation through avoidance of hazards by new projects and reduction of risk in developed areas. As California confronts mounting climate change impacts, effective planning

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measures should include comprehensive hazard mitigation and emergency response strategies that account for heightened frequency and magnitude of wildfires, floods, droughts, extreme heat, and coastal storm damage. Communities may use the safety element as a vehicle for defining “acceptable risk” and the basis for determining the level of necessary mitigation. Policies may include methods of minimizing risks, as well as ways to minimize economic disruption and expedite recovery following disasters.

Climate change will affect and potentially exacerbate the impact of other hazards rather than being solely a distinct hazard with unique impacts. For example, extreme heat and heat waves are existing hazards that will be exacerbated by climate change. Impacts of climate change on the frequency, timing, and magnitude of flooding vary with the geography throughout the state. Areas that experience early run off from snow melt coupled with intensified rain or coastal areas experiencing sea level rise may be more greatly impacted by flooding. Hazards that have the potential to be affected by climate change are grouped in this subsection.

AB2140 Under the federal Disaster Mitigation Act of 2000 (DMA2K), each municipality must develop a Local Hazard Mitigation Plan (LHMP) or participate in a multi-jurisdictional LHMP in order to be eligible for pre-disaster mitigation grants or post-disaster recovery assistance from the federal government.

At the state level, AB 2140 (2006) authorizes, local governments to integrate their LHMPs into the safety elements of their general plans. Integration is encouraged through a post-disaster financial incentive which authorizes the state to use available California Disaster Assistance Act funds to cover local shares of the 25% non-federal portion of grant-funded post-disaster projects.

AB 2140 is one of the most important links between general plans and hazard mitigation in California. Integration of the LHMP into the safety element provides an excellent vehicle for implementation of the LHMP. This integration allows hazard mitigation strategies to be implemented and local hazard awareness to be upgraded and enhanced. In addition, all other elements of the general plan, as well as implementation programs (such as zoning, subdivision maps, specific plans, and capital improvement programs), would be required to comply with an LHMP that it is adopted with the safety element.

Required Contents

The safety element must, consistent with Government Code Section 65302(g), provide the protection of the community from any unreasonable risks associated with the effects of: ∙ Seismically induced surface rupture, ground shaking, ground failure ∙ tsunami, seiche, and dam failure ∙ slope instability leading to mudslides and landslides ∙ subsidence∙ liquefaction ∙ other seismic hazards

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∙ flooding ∙ wildland and urban fires

The safety element must include mapping of known seismic and other geologic hazards. It must also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.

The safety element must also identify information regarding flood hazards, establish a set of comprehensive goals, policies, and objectives for the protection of the community from the unreasonable risks of flooding, and establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives for flood protection. While not required, it is recommended that the safety element do the same for drought impacts.

The safety element must also be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas and land classified as very high fire hazard severity zones. Because climate change will likely increase California’s frequency and intensity of fire weather conditions, even historically less vulnerable regions should reevaluate wildfire risk and prevention strategies in their general plan’s safety element.

Consultation Requirements

Prior to the periodic review of its general plan and prior to preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision. In particular, the Office of Emergency Services can assist local governments with developing their safety element and aligning general plan strategies with those of the local hazard mitigation plan to ensure consistency.

Statutory Requirements

This section offers a general guide to the contents of the safety element. Note that while the focus is on the minimum requirements for an adequate safety element, an effective general plan will focus more extensively on those issues of greatest relevance to the community. The effects of climate change in particular will influence emergency management issues through varying impacts across local communities statewide. Increases in average temperature, a greater incidence of extreme weather conditions, and sea level rise all will not only exacerbate existing hazards mentioned in this section, but also create new hazards where none previously existed.

Useful Definitions

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● Alquist-Priolo Earthquake Fault Zone: A regulatory zone, delineated by the State Geologist, within which site-specific geologic studies are required to identify and avoid fault rupture hazards prior to subdivision of land and/or construction of most structures for human occupancy.

● Climate Adaptation: Adjustment or preparation of natural or human systems to a new or changing environment which moderates harm or exploits beneficial opportunities.

● Climate Mitigation: A human intervention to reduce the human impact on the climate system; it includes strategies to reduce greenhouse gas sources and emissions and enhancing greenhouse gas sinks.

● Critical Facility: Facilities that either (1) provide emergency services or (2) house or serve many people who would be injured or killed in case of disaster damage to the facility. Examples include hospitals, fire stations, police and emergency services facilities, utility facilities, and communications facilities.

● Extreme Weather Event: In most cases, extreme weather events are defined as lying in the outermost (“most unusual”) ten percent of a place’s history. Analyses are available at the national and regional levels.

● Fault: A fracture or zone of closely associated fractures along which rocks on one side have been displaced with respect to those on the other side. A fault zone is a zone of related faults which commonly are braided, but which may be branching. A fault trace is the line formed by the intersection of a fault and the earth’s surface.

● Active Fault: A fault which has exhibited surface displacement within Holocene time (approximately the past 11,000 years). sheeting on roofs or floors incapable of withstanding lateral loads large openings in walls that may cause damage from torsional forces lack of an effective system to resist lateral forces

● Non-ductile concrete frame construction

● Hazardous Material: An injurious substance, including pesticides, herbicides, toxic metals and chemicals, liquefied natural gas, explosives, volatile chemicals, and nuclear fuels.

● Hazard Mitigation: Sustained action taken to reduce or eliminate long-term risk to people and their property from hazards and their effects.

● Landslide: A general term for a falling, sliding, or flowing mass of soil, rocks, water, and debris. Includes mudslides, debris flows, and debris torrents.

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● Liquefaction: A process by which water-saturated granular soils transform from a solid to a liquid state during strong ground shaking.

● Mal-adaptation: Any changes in natural or human systems that inadvertently increase vulnerability to climatic stimuli; an adaptation that does not succeed in reducing vulnerability but increases it instead.

● Peak-load Water Supply: The supply of water available to meet both domestic water and firefighting needs during the particular season and time of day when domestic water demand on a water system is at its peak. Resilience: The ability of a social or ecological system to absorb disturbances while retaining the same basic structure and ways of functioning, the capacity for self-organization, and the capacity to adapt to stress and change.

● Seiche: An earthquake-induced wave in a lake, reservoir, or harbor.

● Potentially Active Fault: A fault which shows evidence of surface displacement during Quaternary time (the last 2 million years).

● Flooding: A rise in the level of a water body or the rapid accumulation of runoff, including related mudslides and land subsidence, that results in the temporary inundation of land that is usually dry. Riverine flooding, coastal flooding , mud flows, lake flooding, alluvial fan flooding , flash flooding, levee failures, tsunamis, and fluvial stream flooding are among the many forms that flooding takes.

● Ground Failure: Mudslide, landslide, liquefaction or soil compaction.

● Hazardous Building: A building that may be hazardous to life in the event of an earthquake because of partial or complete collapse. Hazardous buildings may include:

1. Those constructed prior to the adoption and enforcement of local codes requiring earthquake resistant building design. 2. Those constructed of unreinforced masonry. 3. Those which exhibit any of the following characteristics:

-exterior parapets or ornamentation which may fall on passersby -exterior walls that are not anchored to the floors, roof or foundation

● Seismic Hazard Zone: A regulatory zone, delineated by the State Geologist, within which site-specific geologic, soils, and foundation engineering studies are required to identify and avoid earthquake-caused ground-failure hazards, or selected other earthquake hazards, prior to subdivision of land and for construction of most structures for human occupancy.

● Storm surge: An abnormal rise of water generated by a storm, over and above the predicted astronomical tides.

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● Subsidence: The gradual, local settling or sinking of the earth’s surface with little or no horizontal motion (subsidence is usually the result of gas, oil, or water extraction, hydrocompaction, or peat oxidation, and not the result of a landslide or slope failure).

● Seismically Induced Surface Rupture: A break in the ground’s surface and associated deformation resulting from the movement of a fault.

● Tsunami: A wave, commonly called a tidal wave, caused by an underwater seismic disturbance, such as sudden faulting, landslide, or volcanic activity.

● Wildland Fire: A fire occurring in a suburban or rural area which contains uncultivated lands, timber, range, watershed, brush or grasslands. This includes areas where there is a mingling of developed and undeveloped lands.

Seismic Hazards

Requirement Description: The Safety element must establish policies to minimize the loss of property and life as a result of earthquake. The general geology and seismic history of the region and the planning area could be addressed with a map known seismic and geologic hazards. The element should determine the location of active fault zones designated by the State Geologist under the Alquist-Priolo Earthquake Fault Zoning Act. Next, a geologic evaluation could evaluate the potential for displacement along active and potentially active faults in the planning area. Active and potentially active faults in the region should be identified with historical data on seismic ground shaking within the planning area. A geotechnical evaluation based on the state probabilistic earthquake hazard map could determine the potential for localized ground shaking, landslides, and tsunamis. Hazardous or substandard structures that may be subject to collapse in the event of an earthquake, including, but not limited to, unreinforced masonry buildings could be identified.

The geotechnical evaluation could also identify the potential for earthquake-triggered landslide, mudslide, liquefaction, and soil compaction. It should also determine the location of zones of required investigation for liquefaction and earthquake-induced hazards on a seismic hazard zone map prepared by the State Geologist. Areas that would be inundated in the event of a dam failure should also be identified. Dam inundation maps are available from the Office of Emergency Services. The development, facilities, and people potentially at risk in areas subject to potential inundation should be identified as well.

The safety element should include historical data on landslides and mudslides and identify areas that are landslide-prone by using, among other sources, landslide features maps, seismic hazard zone maps, and geology for planning maps produced by Department of Conservation. The local potential for landslides and mudslides could also be identified in a geotechnical evaluation.

Historical data on land subsidence resulting from extraction of groundwater, natural gas, oil, and geothermal resources and from hydrocompaction can be used to identify areas of known risk from liquefaction, subsidence, or ground shaking. The potential risks associated with

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other known geologic hazards, such as volcanic activity, avalanche, or cliff erosion may also be analyzed.

Most of the information listed, needed to complete the analysis for the Safety Element, can be obtained by a combination of five sources: the State Hazard Mitigation Plan, MyPlan tool, the General Plan Guidelines Mapping Tool, Cal-Adapt and the Adaptation Planning Guide.

Flood Protection

Requirement Description: Flooding is a natural function of every river, alluvial fan, and coastal area. In riverine systems, floodwaters enrich bottomlands and provide spawning habitats for native fish. There are ecological benefits to maintaining connections between the river and its floodplain.

Land use decisions directly influence the function of floodplains and may either reduce or increase potential flood hazards. The functions of floodplains include, but are not limited to, water supply, water quality, flood and erosion control, and fish and wildlife habitat. Development within floodplains may not only expose people and property to floods, but also increase the potential for flooding elsewhere and negatively impact floodplain ecosystems. Land use regulations, such as zoning and subdivision ordinances, are the primary means of implementing general plan policies established to minimize flood hazards. In addition to including floodplain management policies in the general plan, making related changes to zoning and subdivision ordinances is crucial to the success of a floodplain management program.

In the process of preparing a flood management element, the city or county will have to collect a substantial amount of information concerning its floodplains and its watershed. There are a variety of sources for this information. Federal Emergency Management Agency (FEMA) maps are available for most communities. The U.S. Army Corps of Engineers will do floodplain delineation on a cost-sharing basis and has information on floodplains and project levees. The Department of Water Resources (DWR) also has floodplain information and a floodplain management program, as does the Central Valley Flood Protection Board. The California Office of Emergency Services (OES) and DWR have information on past flooding and flood levels based on awareness mapping. Local levee districts and resource conservation districts may also have information to share.

See the box below for a list of legislation passed since 2003, updating safety element requirements specific to flood hazard mitigation plans. Of special note, the Central Valley Flood Protection Plan (described under SB 5) aims to revamp insufficient levee, bypass, and other flood defense mechanisms to create a more integrated and hazard-averse flood management system. Carrying implications for Central Valley land use, conservation, and safety planning in floodplain zones, the 2012 Central Valley Flood Protection Plan (CVFPP) documents the condition of all of the region’s state and federal flood management facilities and guides improvements to flood hazard prevention along the Sacramento River and San

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Joaquin Rivers. OPR will provide links to basin-wide state feasibility studies, locally-initiated regional flood management project plans, and a Central Valley conservation strategy as they become available. However, updates to the safety element should remain consistent with land use development policies and conservation areas and practices described in other general plan elements.

For legislation related to the Safety Element please refer to the State Hazard Mitigation Plan

Fire Hazards

Requirement Description: There are many opportunities to address fire protection, fire prevention and hazard mitigation in the General Plan, most obviously in the safety element which deals with all manner of natural and man-made hazards to life and property. California’s increasing population and expansion of development into previously undeveloped areas is creating more "wildland-urban interface" with a corresponding risk of economic loss caused by wildland fire. The changing climate, specifically the rising temperatures and increasing temporal variability of water availability, continues to increase wildfire risk in many areas. Meanwhile drought episodes with greater frequency and severity effectively lower fuel moisture conditions to create longer fire seasons, and combined with overstocked vegetation vulnerable to insects and diseases, produce an abundance of dead woody matter prime for intense burning. For a discussion of how local governments can plan for drought conditions and consequent fire hazards.

Mitigating Hazards through Drought Resiliency Plans

The gradual onset of severe droughts in California poses considerable threats to public safety and wellbeing by increasing fire hazard susceptibility and straining already scarce water resources. Drought’s toll on crop yields, livestock production, and local community water sources create food and water security concerns, in addition to economic considerations, that showcase the importance of proper preparedness plans. Millions of dollars in drought-related damages over the last several decades, stemming especially from irrigation shortages, may become more commonplace as climate change results in longer and more severe drought conditions. Climate change will likely foster more consecutive disasters – for example, droughts followed by fires, or floods followed by drought – prolonging recovery of natural resources and compounding total recovery costs

In response, many local governments are choosing to strengthen water management and drought prevention efforts by adding a separate water element to their general plan, but drought preparedness strategies could also be incorporated into the safety element as part of fire or flood hazard mitigation tactics. Structural and nonstructural flood management methods that enhance water storage and groundwater recharge work to mitigate drought impacts, and promoting greater water efficiency through land use and development policies can minimize capital damage from droughts as well as fires. As opposed to solely relying on local hazard mitigation plans, existing urban and agricultural water management plans, or

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expecting state or federal disaster aid after severe drought impacts, local governments can use the general plan as a tool to encourage water conservation policies, drought-tolerant parks and landscaping, water audits, and dual plumbing with recycled water. For more resources on how local governments can plan for droughts, see:

California’s 2010 State Drought Contingency Plan

OPR’s 2014 Local Government Drought Toolkit

California’s 2009 State Water Plan for integrated water management Local Government Commission’s guidebook for regional water sustainability

Aside from local fire plans and hazard mitigation plans, the general plan’s safety element can provide a framework for inserting fire protection and prevention policy requirements in zoning, subdivision, and strategic fire defense ordinances. To safeguard the increasing “wildland-urban interface, ” communities with State Responsibility Area (SRA) or Very High Fire Hazard Severity Zone Local Responsibility Area (LRA) must update their safety element following the next revision of the housing element on or after January 1, 2014 to address the risk of wildland fire. In order to develop viable plans for fire protection, wildfire risk reduction, evacuation needs, and consistency between general plan elements and other local plans, the safety element shall incorporate information such as fire hazard maps and assessments, implementation goals and actionable policies, as well as any appropriate references to local fire safety plans.

As a guiding resource, OPR’s Fire Hazard Planning Technical Advisory includes a detailed discussion about how to incorporate and comply with the fire hazard requirements in a general plan.

When addressing fire hazard planning through the safety element, OPR recommends local governments:

Other Considerations

Additional Requirements: The Safety Element must also address additional, interrelated considerations in the context of fire and geological hazards. These include evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures. The relationships between these considerations interplays throughout the required contents of the safety element, and should be analyzed in the context of safety and disasters, including drought, fire, flood, or seismic activity, as appropriate.

Adaptation and Resilience

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Climate change is exacerbating many of the hazards discussed in the safety element. For a more detailed discussion of issues associated with climate change and how to incorporate them in to your general plan.

Completeness Checklist

Statutory Citation Brief Description of Requirement

Explanatory Notes

Code Section 65302 Identification of unreasonable risks and policies for the protection of the community from such risks.Slope Instabilityslope instability leading to mudslides and landslides;

Seismic risks, including: seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; subsidence, liquefaction, and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body

∙ Mapping of known seismic and other geologic hazards,∙ Address- evacuation routes- military installations o peakload water supply requirements, and- minimum road widths and clearances around structures

Flooding

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Identify∙ Flood Hazard Zones∙ FEMA Flood Insurance Maps∙ Army Corps of Engineer Flood information∙ Flood maps from the Central Valley Flood Protection Board∙ Dam Failure Maps (Office of Emergency Services) ∙ DWR Floodplain Maps ∙ Maps of Levee Protection Zones∙ Areas subject to inundation in the event of the failure of levees and floodwalls∙ Historic flood information∙ Existing and planned development in flood hazard areas∙ Agencies with responsibility for flood protection Mandatory Goals, Policies and Objectives∙ Avoid and minimize flood risks for new development.∙ Should new development be located in flood hazard zones? If so, what are appropriate mitigation measures?∙ Maintain the integrity of essential public facilities. ∙ Locate, when feasible, new essential public facilities outside of flood hazard zones, including

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hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities, or identifying mitigation measures.∙ Establishing cooperative working relationships among public agencies with responsibility for flood protection.

Feasible Mitigation Measures, to implement the policies above.

Wildland and Urban Fires

Identification of and policies for the protection of the community from, any unreasonable risks associated with wildland and urban fires.

State Responsibility Areas and Very High Fire Hazard Severity Zones

Consider advice in OPR’s Fire Hazard Technical Advisory

Identify∙ CALFire Fire Hazard Severity Zone Maps∙ Historical data on wildfires∙ USGS wildfire hazard areas∙ Existing and planned development within these areas

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∙ Agencies with responsibility for fire protection in these areas

Mandatory Goals, Policies and Objectives∙ Protect the community from unreasonable risks∙ See mitigation measures below.

Feasible Mitigation ∙ Avoid and minimize fire risks for new development. ∙ Should new development be located in fire hazard zones? If so, what are appropriate mitigation measures?∙ Maintain the integrity of essential public facilities.∙ Locate, when feasible, new essential public facilities outside of fire hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities, ∙ If essential facilities are located in high fire zones, identify mitigation measures, such as safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.∙ Establishing cooperative working relationships among public agencies with responsibility for fire

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protection.

Review the Safety Element upon each Housing Element updateConsult with specified agencies in updating the safety element

OPR Recommended Policies

These policies are an example of recommended policies adopted by varying jurisdictions, to be modified and used as appropriate.

Sample Policy Example of Application Relation to other elements(City/county) shall Promote the strengthening of planned utilities, the retrofit and rehabilitation of City of Rancho Cucamonga Circulation, climate change, economic development Draft Document Draft for Public Comment 209 existing weak structures and lifeline utilities, and the relocation or strengthening of certain critical facilities to increase public safety and minimize potential damage from seismic and geologic hazards

City of Rancho Cucamonga Circulation, climate change, economic development

(city/county) shall allow for prudent development and redevelopment of all properties located on slopes greater than 10 percent, and continue to preserve as open space properties located on slopes greater than 30 percent.

City of Rancho Cucamonga Land use, housing, open space, climate change, economic development

Site critical public facilities— including hospital and

Pacifica Land use, healthy communities, social equity,

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healthcare facilities, emergency shelters, police and fire stations, and emergency communications facilities—outside of the tsunami evacuation zone and 100-year flood plains

climate change

Identify and establish specific travel routes for the transport of hazardous materials and wastes, with key considerations being capacity to safely accommodate additional truck traffic, avoidance of residential areas, and use of interstate or State divided highways as preferred routes

City of Rialto Circulation, social equity, climate change

Work to achieve consistency between General Plan land use and related policies and the Airport Comprehensive Land Use Plan, as is appropriate for the community. Measures may include restrictions on permitted land uses and development criteria, including height restrictions

Redwood City Land use, circulation, economic development

Emergency Preparedness and Prevention Objective: Develop plans for dealing with emergencies, both community-wide and individual. Recommended Policies & Programs ∙ Reduce the loss of life, property, and injuries incurred as a result of fires by offering and supporting comprehensive fire prevention, public education, and emergency response programs. (Rancho Cucamonga) ∙ Require adequate water supply and fire flow throughout the City to meet fire demand during times of peak domestic water demand through a cooperative relationship with the Water District. (Rancho Cucamonga)

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∙ Minimize the risk of potential hazards associated with aircraft operations through the adoption and implementation of the Airport Protection Overlay Zone and the County Airport Land Use Compatibility Plan. (City of Riverside) ∙ Ensure that new roadways are developed in accordance with standards the Municipal Code. In all new development, require adequate access to be provided for emergency vehicles, including adequate widths, turning radii, hard standing areas, and vertical clearance. (Pacifica) ∙ Develop a plan to widen critical rights-of way that do not provide adequate clearance for emergency vehicles. For areas that are not feasibly accessible to emergency vehicles, develop a contingency plan for reaching and evacuating people in need of treatment. (Pacifica) ∙ Identify and establish specific travel routes for the transport of hazardous materials and wastes, with key considerations being capacity to safely accommodate additional truck traffic, avoidance of residential areas, and use of interstate or State divided highways as preferred routes. (Rialto) ∙ Encourage and promote practices that will reduce the use of hazardous materials and the generation of hazardous waste at their source, recycle the remaining hazardous wastes for reuse, and treat those wastes which cannot be reduced at the source or recycled. (Rialto, Rancho Cucamonga) ∙ Continue to provide community programs that develop positive relationships between the Police Department and community members, such as the Area Commander Program and Crime Free Multi-Housing Program, which provide a safe and secure environment for the community to discuss gang-related issues and effective solutions to help reduce crime and provide a safer living environment. (Rialto) ∙ Continue to promote neighborhood watch programs for residential areas aimed at empowering neighborhoods to watch for and report any suspicious activity. (Rancho Cucamonga) ∙ Continue to provide high-quality patient care with cross-trained firefighter/paramedics and emergency medical technicians. Improve the level of patient care in the community through the development and implementation of innovative emergency medical service delivery strategies. (Rancho Cucamonga) ∙ Notify all developers, particularly those of multi-story or critical structures, of potential impacts resulting from winds, and require appropriate structural and design treatment. (Rancho Cucamonga, Santa Ana Winds) ∙ Create policies or procedures that provide flexibility regarding how prospective buyers and tenants of properties within the Airport Influence Area are informed of potential aircraft overflight impacts. (Rancho Cucamonga) ∙ Work to achieve consistency between General Plan land use and related policies and the Airport Comprehensive Land Use Plan, as is appropriate for the community. Measures may include restrictions on permitted land uses and development criteria, including height restrictions. (Redwood City) ∙ When an adequate model with sufficient local detail is available to project the impacts of sea level rise, take into account potential erosion caused by sea level rise by the year 2050 in the determination of developable area and the assessment of whether coastline-altering structures would be needed in the future to protect new development. (Pacifica)

RAPID RISK ASSESSMENT

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Hazard Impact Statement: Hazardous material release via oil train spill in San Timoteo Canyon

can result in loss of life as well as ecological damage, economic losses, and loss of valuable

biodiversity and restoration land sites.

Existing Conditions: Open, common space available for both recreation and restoration purposes

lies directly adjacent to industrial train tracks. Asset is publicly owned and operated by the

Inland Empire Resource Conservation District under manager Mandy Parkes.

Existing Conditions for Redlands Conservancy: Open, common space available for recreation,

educational and restoration purposes lies directly adjacent to industrial train tracks. Asset is

owned by the city of Redlands, however a conservation easement is held by the Redlands

conservancy, giving the conservancy legal interest in what happens on the land. The executive

director of the Redlands conservancy is Sherli Leonard.

Physical Vulnerabilities: Site includes sensitive irrigation systems. Site includes several at-risk or

vulnerable biological species. Site sits directly adjacent to the train tracks without any barriers,

physical or otherwise to mitigate or contain an oil or hazardous waste spill. Site and train tracks

lie within a geologically active zone. See figure 1.

Physical Vulnerabilities for the Redlands Conservancy: The Redlands conservancy is particularly

vulnerable due to its adjacency to the oil train, without any barriers, physical or otherwise to

mitigate or contain an oil or hazardous waste spill. Critical riparian grassland and hillside

chaparral habitats are at immediate risk as well as vulnerable biological species living in this

habitat. There are several hiking trails open to the public on this site which could put hikers,

bikers, and others using the trails at serious risk. See figure 3, all of the red ballons mark entry

points for trailheads. The site is also located on the San Jacinto fault line, which is a geologically

active zone. See figure 1.

Figure 1.

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The San Jacinto Fault (2) runs directly through the San Timoteo Canyon. The train track runs

directly over the fault line. See Figure 2.

Figure 2:

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Figure 3

Functional vulnerabilities: Includes functions of the asset that are dependent on external support,

without which they are vulnerable to impacts. The asset is currently unprotected from an oil spill

accident. The contamination of the site would also limit the ability of the site’s maintainer,

IERCD, to provide mitigation support for the site.

Governance vulnerabilities: The asset remains unprotected from an oil/hazardous material spill.

Funding resources to improve site protection and reduce accident risk include Inland Empire

Resource Conservation District Grants provided by the Santa Ana Watershed Association and

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California and Federal Environmental Protection Agency grant programs. Possible grants are as

follows:

CalEPA Grants

Environmental Enforcement and Training Grants. Program provides financial Assistance for environmental enforcement, education and training to enhance statewide enforcement of environmental laws. Funding sources are donations from environmental enforcement settlements that contribute to the Environmental Enforcement and Training Account. (Penal Code Section 14300).Contact: Jessica Diedesch (916) 322-2935Deadline: Grant application period is annually Sept. 1-30.

Environmental Justice Small Grants Program. Program provides grants to eligible community-based grassroots non-profit organizations and federally recognized tribal governments that are located in areas adversely affected by environmental pollution and hazards and are involved in addressing environmental justice concerns.Contact: Malinda Dumisani (916) 445-9480Deadline: Contingent upon funding availability.

Rural CUPA (California State Unified Program) Reimbursement Program. Provides reimbursement of funds to rural counties for activities associated with implementing the California State Unified Program (CUPA). A CUPA is a local agency that is responsible for hazardous materials management and oversight.Contact: Kareem Taylor (916) 327-9557Deadline: Deadline is September 30, 2010. Deadline each year September annually.

Grants

Brownfields Revolving Loan Fund Program. Program provides low-interest loans for financing cleanup of sites by eligible public or private property owners, including government and private property owners, as well as non-profits. Sub-grants awarded to government and non-profits only.Contact: Thomas Cota (714) 484-5459Deadline: Applications accepted on a continuous basis.

Water Resources Control Board Loans

Agricultural Drainage Program. Program provides loans to projects that address treatment, storage, conveyance or disposal of agricultural drainage that threaten waters of the State.Contact: Julie Rizzardo (916) 341-5822

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Deadline: Applications accepted on a continuous basis.

Agricultural Drainage Management Loan Program. Program provides loans and grants for drainage water management units, which are land and facilities for the treatment, storage, conveyance, reduction or disposal of agricultural drainage water. Runoff untreated would pollute or threaten to pollute waters.Contact: Julie Rizzardo (916) 341-5822Deadline: Applications accepted on a continuous basis.

Clean Water State Revolving Fund. Low-interest loans for wastewater treatment facilities and nonpoint source pollution control projects.Contact: Christopher Stevens (916) 341-5698Deadline: Applications accepted on a continuous basis.

Replace, Remove or Repair Underground Storage Tanks. Grants and Loans to assist with the expense of replacing, removing, upgrading, or making other specified improvements to petroleum underground storage tanks.Contact: Janice Clemons (916) 341-5657Deadline: On-going

Grants

Emergency, Abandoned and Recalcitrant Account. Program provides grants to pay for costs associated with investigation and cleanup of abandoned sites with no cooperative responsible party.Contact: Judy Reid (916) 341-5760Deadline: Applications accepted on a continuous basis.

Federal 319(h) NPS Grant Program. This program is an annual federally funded nonpoint source pollution control program that is focused on controlling activities that impair beneficial uses and on limiting pollutant effects caused by those activities.Contact: Patricia Leary (916) 341-5167Deadline: Funds available next year. Sign up for email notification notice at http://www.waterboards.ca.gov/resources/email_subscriptions/swrcb_subscribe.shtml. Click on Nonpoint Source Pollution Control Program.

Orphan Site Cleanup Fund (Recovery Act funds). This program provides grants to pay for cost associated with investigation and cleanup of sites with no financially viable responsible party.Contact: Judy Reid (916) 341-5760Deadline: Applications accepted on a continuous basis.

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Replace, Remove or Repair Underground Storage Tanks. Grants and Loans to assist with the expense of replacing, removing, upgrading, or making other specified improvements to petroleum underground storage tanks.Contact: Janice Clemons (916) 341-5657Deadline: On-going

Small Community Wastewater Grant Program. Small community wastewater grant construction of publicly owned wastewater treatment and facilities in small economically disadvantaged communities.Contact: Erin Ragazzi (916) 341-5733Deadline: Not currently accepting applications, but funding of program expected in future. Sign up for email notification at http://www.waterboards.ca.gov/resources/email_subscriptions/swrcb_subscribe.shtml

Proposition 84 Storm Water Grant Program. Program provides funds for matching grants to local public agencies for reduction and prevention of storm water contamination of rivers, lakes and streams.Contact: Erin Ragazzi (916) 341-5733Deadline: Not currently accepting applications, but funding of program expected in future. Sign up for email notification at http://www.waterboards.ca.gov/resources/email_subscriptions/swrcb_subscribe.shtml

Underground Storage Tank Cleanup Fund. Grants provide reimbursement for cleanup of leaking petroleum tanks for property owners.Contact: John Russell (916) 341-5353Deadline: Applications accepted on a continuous basis.

Water Recycling Funding Program. The purpose of program is to promote water recycling by providing technical and financial assistance to local agencies and other stakeholders in support of water recycling projects and research. Grants are provided for the planning and construction of water recycling facilities.Contact: Shahla Faranak (916) 341-5737Deadline: Applications accepted on a continuous basis.- See more at: http://www.calepa.ca.gov/LoansGrants/#sthash.puClT6no.dpuf Consequences: The scale of economic disruption resulting from a release of hazardous

material related to train accident is both local and regional. Previous to the addition of the

25

herein Hazard Mitigation Plan, the City has no plan in place to mitigate the release of

hazardous train cargo.

Past issues with similar consequences include the San Bernardino Disaster of 1989.

Effect to communities: An accident in the area would have serious impacts on where people

live, work and recreate. The IERCD and Redlands Conservancy as well as several

contracting companies work within the canyon. A neighborhood of the City of Yucaipa sits

less than a mile from the site and families walk, run and recreate within the preserve space.

Ecological effect and consequences/public access: Multiple endangered and at risk species

reside within the canyon and would be harmed by any train disaster. The roads through

the canyon are also an access point to many residential areas and a bypass for the I-10

freeway. In addition, the canyon is a low point in the floodplain and hazardous material

could potentially collect within the canyon’s basin resulting in long term destruction the

ecosystem of the canyon as well as permanently remove commuter access.

Safety SectionAvoiding and Mitigating Natural Disasters

Objective: Protect communities from natural disasters and hazards.

Recommended Policies & Programs

∙ Require geotechnical investigations by certified engineering geologist or other qualified professionals for all grading and construction projects subject to geologic hazards, including fault rupture, severe ground shaking, liquefaction, landslides, and collapsible or expansive soils. (Rialto) ∙ Promote the strengthening of planned utilities, the retrofit and rehabilitation of existing weak structures and lifeline utilities, and the relocation or strengthening of certain critical facilities to increase public safety and minimize potential damage from seismic and geologic hazards. (Rancho Cucamonga)

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∙ Continue enforcement of the Development Guidelines to allow for prudent development and redevelopment of all properties located on slopes greater than 10 percent, and continue to preserve as open space properties located on slopes greater than 30 percent. (Rancho Cucamonga) ∙ For properties located within designated 100-year flood zones, require the submittal of information prepared by qualified specialists which certifies compliance with development standards established for 100-year flood zones. (Rialto) ∙ Maintain structural and operational integrity of essential public facilities in the event of a flooding hazard, and locate new essential public facilities outside of flood hazard zones. (Rancho Cucamonga) ∙ For new development in the tsunami evacuation zone, require use of low-impact engineering techniques, such as elevating structures above projected water levels, to mitigate impacts to people and structures. (Pacifica) ∙ Site critical public facilities—including hospital and healthcare facilities, emergency shelters, police and fire stations, and emergency communications facilities—outside of the tsunami evacuation zone and 100-year flood plains. (Pacifica) ∙ Ensure that a defensible perimeter is maintained around residential located in high or very high wildfire hazards zones, as per Fire Department guidelines. (Rialto) ∙ Locate new buildings associated with new discretionary development outside of avalanche hazard areas. (Truckee) ∙ Continue to identify avalanche hazard areas, and to enforce special standards for construction in avalanche hazard areas. (Truckee) ∙ Use technology to improve safety at grade crossings while causing the least environmental harm, including Quiet Zone improvements such as upgraded and updated warning devices additional gate arms, extended and raised medians, improved signage, and coordinated traffic signals. (City of Riverside)

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DEIR

EXECUTIVE SUMMARY

Purpose

This Draft Environmental Impact Report (Draft EIR) is prepared in accordance with the

California Environmental Quality Act (CEQA) to evaluate the potential environmental impacts

associated with the implementation of the Redlands Crossing Center (State Clearinghouse No.

2007081111). This document is prepared in conformance with CEQA (California Public

Resources Code, Section 21000, et seq.) and the CEQA Guidelines (California Code of

Regulations, Title 14, Section 15000, et seq.). The purpose of this Draft EIR is to inform

decision makers, representatives of affected and responsible agencies, the public, and other

interested parties of the potential environmental effects that may result from implementation of

the Redlands Crossing Center. This Draft EIR describes potential impacts relating to a wide

variety of environmental issues and methods by which these impacts can be mitigated or

avoided.

PROJECT SUMMARY

Project Location

The project site is located adjacent to San Timoteo Canyon Road and the train track that

runs through San Timoteo Canyon. San Timoteo Canyon is a river valley that runs from south of

Banning, California, in Riverside County to a point just south of San Bernardino, California in

San Bernardino County.

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Conservation Sections

Biological Resources

Goal: Protect and enhance natural wildlife habitat outside of preserves as development occurs

according to the underlying land use designation. (San Bernardio County)

Objective 1: Ensure wildlife populations have sufficient habitat, including habitat corridors, to

maintain viable numbers. Particular attention shall be focused on retaining habitat areas that are

contiguous with other existing natural areas and/or wildlife movement corridors. (San

Bernardino County)

Wildlife Resource Information:

San Timoteo Creek has been identified as an important wildlife habitat and one of the focus areas

of the proposed project is to re-establish the regional linkages between such habitats and wildlife

corridors. Wildlife habitat in an area determines the suitability of the site for use by certain

animal species. Factors such as vegetation height, soil type, cover availability, and food and

water sources influence which animal species will inhabit a specific vegetation association.

These factors can be more or less independent of the specific vegetation community that is

present in any given area. The following information was adapted from Section 3.3 – Biological

Resources of the Santa Ana River Mainstem Project, Including Santiago Creek, San Timoteo

Creek Reach 3B Final Environmental Impact Statement/Environmental Impact Report, prepared

by KEA Environmental Inc. in October 2000. This section provides an overview of general

wildlife and associated habitats that occur within and adjacent to the areas San Timoteo Creek

channel. Monitoring has been on-going during the USACE mitigation projects. Findings of the

29

biological monitors have been that no species of special concern or listed species have been

found during construction activities. The USACE mitigation has been developed in phases and

encompasses the north side of the creek within the Focus Areas 1 and 2 of the proposed project.

Affected Environment Birds associated with the southern cottonwood willow riparian forest

include black phoebe (Sayornis nigricans) and golden-crowned sparrow (Zonotrichia atricapilla).

Other riparian bird species that could nest or forage in southern cottonwood willow riparian

forest habitat includes the southwestern willow flycatcher (Empidonax traillii extimus), yellow

warbler (Denroica petechia morcomi), and yellow-breasted chat (Icteria virens auricollis). Birds

associated with the southern willow scrub and mulefat scrub habitats include house finch

(Carpodacus mexicanus), black-phoebe, and white-crowned sparrow (Zonotrichia leucophrys).

The open areas at the fringe of these habitats also provide cover for reptile species such as the

coastal western whiptail (Asidoscelis tigris) and side-botched lizard (Uta stansburiana). Other

riparian habitats within San Timoteo Creek area include freshwater marsh and elderberry

savanna. These habitats potentially provide foraging habitat for bird species, such as the house

finch, yellow-rumped warbler (Dendroica coronata), and western bluebird (Sialia mexicana). The

unvegetated channels within San Timoteo Creek are used by a variety of animal species for

perching, resting, and foraging, and as a localized movement corridor. Species observed or

detected in the unvegetated portions of San Timoteo Creek in 2000, included common raven

(Corvus corax), side-blotched lizard, California ground squirrel (Spermophilus beecheyi), mule

deer (Odocoileus hemionus), domestic dog (Canis domestica), and horse (Equus spp.). Wildlife

species associated with the Riversidian sage scrub and Riversidian alluvial fan sage scrub

habitats include several upland bird species, such as California towhee (Pipilo crissalis),

Lawrence’s goldfinch (Carduelis lawrencei), Bewick’s wren (Thryomanes bewickii), and

mourning dove (Zenaida macroura). Sage scrub habitats on-site also provide cover and forage for

mammal species, including California ground squirrel and Audubon cottontail (Sylvilagus

audubonii). Side-blotched lizards are also commonly found in these habitats. The eucalyptus

woodlands provide potential nesting habitat for red-tail hawk (Buteo jamaicensis) and foraging

habitat for woodpeckers and various songbirds. Wildlife tracks, such as coyote (Canis latrans)

and mule deer, were observed in the project vicinity in 2000. The remaining non-native habitats

support urban- and disturbance-adapted species such as common raven, house finch, and

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domestic dog. Southern cottonwood willow riparian forest, southern willow scrub, and mulefat

scrub are considered high-quality wildlife habitat because they provide habitat for various

sensitive and non-sensitive species. The southern cottonwood willow riparian forest provides

multi-layered canopy cover ideal for sensitive nesting birds such as the federally endangered

least Bell’s vireo (Vireo bellii) and southwestern willow flycatcher. Additionally, southern

willow scrub and mulefat scrub provide potential nesting and foraging habitat for the least Bell’s

vireo. This highquality habitat is found in the upstream portions of San Timoteo Creek. The

Riversidian sage scrub and alluvial fan sage scrub can potentially provide habitat for the

federally threatened California gnatcatcher (Polioptila californica). Though alluvial fan sage

scrub is not considered the primary habitat for the California gnatcatcher, several of the

dominant plant species of this community are important components of gnatcatcher habitat. For

example, California sagebrush and California buckwheat are dominants within Riversidian sage

scrub and are known to provide nesting, cover, or foraging habitat for this species. However,

these habitats are of low quality due to their disturbed and disjunct nature. Unvegetated portions

of the stream channel along the project area provide potential breeding habitat for the federally

endangered arroyo southwestern toad (Bufo microscaphus californicus).

Wildlife Corridor In an urban context, a wildlife corridor can be defined as a linear landscape

feature of sufficient width and buffer to allow animal movement between two patches of

comparatively undisturbed San Timoteo Creek Habitat Enhancement Project Chapter 3: Affected

Environment, Environmental Consequences, and Mitigation Measures 46 habitat, or between a

patch of habitat and some vital resources. USFWS defined regional corridors as those linking

two or more large areas of natural open space, and local corridors as those allowing resident

animals to access critical resources (food, cover, and water) in a smaller area that might

otherwise be isolated by urban development. A viable wildlife corridor consists of more than a

path between habitat areas. To provide food and cover for transient species as well as resident

populations of less mobile animals, a wildlife corridor must also include pockets of vegetation.

Fully functional wildlife corridors linking the Santa Ana River and Prado Basins on the west

with the San Bernardino, San Gorgonio, and San Jacinto Mountains to the east are few. Because

their habitat value is reduced, it would require considerable effort and expense to open and

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restore these corridors. San Timoteo Creek may provide one of the only remaining linkages

between these major east and west natural areas. In addition, San Timoteo Creek connects the

natural areas along the Santa Ana River and the upstream San Timoteo Canyon. USFWS,

therefore, identified it as both a local and regional corridor in 1995. In 1995, the USACE funded

USFWS to complete a study on the use of San Timoteo Creek as a wildlife corridor. Field efforts

to detect large mammal use areas within and adjacent to the USACE project area (San Timoteo

Creek between the Santa Ana River and Alessandro Road) involved placement of five track pads

in four locations. Although no large mammals were detected, coyote presence was recorded at

each site. Evidence of bobcat, non-native opossum (Didelphus marsupialis), and raccoon

(Procyon lotor) was also noted at the confluence of San Timoteo Creek with the Santa Ana

River. In the absence of animal-specific tracking, however, this study failed to clarify the extent

to which San Timoteo Creek actually functions as a corridor. That is, the visitation documented

on the track pads could all have been from upland sites adjacent to the Creek. Whether for

terrestrial wildlife movement or for permanent residence, San Timoteo Creek presently provides

a rather poor wildlife corridor due to the lack of adequate vegetative cover, foraging habitat, or

nesting strata. This stems from a long-term history of herding, orchard, agrarian, and more recent

urban and suburban activities. San Timoteo Creek floodplain, specifically, has been the focus of

continued, albeit low-density, human activity, over a hundred years. Habitat reduction within and

immediately adjacent to the Creek has also resulted from the scouring effects of storm flows

combined with the San Bernardino County Flood Control San Timoteo Creek Habitat

Enhancement Project Chapter 3: Affected Environment, Environmental Consequences, and

Mitigation Measures 47 District’s necessary flood control maintenance/clearing operations.

Intensified urbanization downstream and associated urban edge effects (increased noise, meso-

predation and nest parasitism) have also contributed to reduced functioning of San Timoteo

Creek as a viable wildlife corridor. Along with USACE’s construction of a concrete channel, a

dedicated wildlife corridor along the entire length of the Creek Channel in and along the north

bank of Reaches 1, 2 and 3A areas, except at the Beaumont Avenue and San Timoteo Canyon

Road Bridge crossings has been established. This corridor was vegetated with native, drought-

tolerant, upland plant species, including coast live oak (Quercus agrifolia), Mexican elderberry,

toyon (Heteromeles arbutifolia), and California sage (Artemisia californica), among others. The

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intent of the project mitigation was to establish and maintain an area for wildlife movement

along the Creek. By planting the area adjacent to the channel, the USACE’s intent was to

establish and maintain an area for wildlife movement along the Creek. Local wildlife movement

of urban fringe species, both within and adjacent to the project area, is anticipated to occur in

two directions: east-west along San Timoteo Creek and north-south from the upland areas to the

Creek. 3.8.2 Permanent Impacts The nature of the proposed project will be to enhance the quality

of the environment, continuing habitat enhancement by improving the wildlife corridor on the

south side of the creek, and allowing wildlife species to ideally experience population growth.

The USACE habitat mitigation project on the north side of San Timoteo Creek has been

reviewed and approved by the USFWS. Monitoring of the progress and potential impacts to

species has been regularly undertaken by USFWS staff; no adverse impacts have been identified.

Findings of the biological monitors have been that no species of special concern or listed species

have been found during construction activities. The USFWS has been made aware of the

proposed habitat enhancement project by the County, during regular USACE Project 3B

meetings and from correspondence submitted by the City of Loma Linda. In March 2006, the

City specifically requested the USFWS provide a determination regarding any additional

mitigation required for the proposed project. The USFWS communicated that no additional

impacts are anticipated and no mitigation is required. The project would serve to re-establish

significant portions of one of the last wildlife corridor in Southern California. There would be no

negative permanent impacts to any wildlife species. San Timoteo Creek Habitat Enhancement

Project Chapter 3: Affected Environment, Environmental Consequences, and Mitigation

Measures 48 3.8.3 Cumulative Impacts Overtime, there would be an increase in wildlife

population within the vicinity of the proposed project area, as well as a more diverse community

of wildlife species. There would be no negative cumulative impacts. 3.8.4 Mitigation Measures

There are no negative impacts; therefore, no mitigation measures are recommended. 3.9

Threatened and Endangered Species The proposed project would enhance a corridor averaging

30 feet in width, along the south banks of San Timoteo Creek with native plant species, with the

objective of providing breeding grounds to the flora and fauna. Animal and plant species are

designated as sensitive because of their overall rarity, endangerment, unique habitat

requirements, and or restricted distribution. In general, it is a combination of these factors that

33

leads to a sensitivity designation. The following information was adapted from Section 3.3

Biological Resources of the Santa Ana River Mainstem Project, Including Santiago Creek, San

Timoteo Creek Reach 3B Final Environmental Impact Statement/Environmental Impact Report,

prepared by KEA Environmental Inc. in October 2000 to describe the general biological

environment of San Timoteo Creek between the Santa Ana River confluence and Alessandro

Boulevard. 3.9.1 Affected Environment Sensitive Plants The USFWS conducted a plant survey

on foot along San Timoteo Creek and associated terraces between Barton Road and Alessandro

Road in June, October, and December of 1998. During the survey, the extent and quality of

Riversidian alluvial fan sage scrub vegetation within the area was assessed. No sensitive plant

species were observed during the surveys. However, some of the sensitive plant species would

not have been detectable because of the seasonal timing of these surveys. Table 3.9-1 lists

special-status plant species with the potential to occur within the proposed Habitat Enhancement

Project area. Based on the disturbed condition of the habitats that are typically associated with

these species, it was determined unlikely that any of these plants occur. None of these species

have been identified in the area during subsequent monitoring by the USACE.

34

35

Least Bell’s Vireo Surveys A total of eight focused surveys for the least Bell’s vireo were conducted for the species during the breeding season (March 15 through September 30), targeting the optimal period from April 15 through June 15, 1999. Even though suitable riparian habitat exists along San Timoteo Creek, no least Bell’s vireos were observed or detected during the breeding season. However, an incidental detection of a singing male least Bell’s vireo was made approximately 10,000 feet upstream of San Timoteo Canyon Road in mid-July by San Bernardino County Museum personnel conducting upland mammal surveys in areas adjacent to the study area. Nesting activity was not confirmed, and no prior or subsequent detections were made during the focused surveys for the species. This one detection suggests that the individual was a migrant. Although the species was observed during the 1998 breeding season and immediately upstream and downstream of Alessandro Road, the area immediately downstream of Alessandro Road is no

36

longer considered suitable for nesting due to riparian removal from the channel to allow for increased capacity for flood control. Additional nesting habitat, however, is potentially still present within and adjacent to portions of the Creek.

Southwestern Willow Flycatcher Surveys Focused surveys for the southwestern willow flycatcher were conducted between April 22 and July 23, during the 1999 breeding season. No southwestern willow flycatchers were observed or detected during the focused surveys, although the species was observed during the 1998 season immediately upstream and downstream of Alessandro Road. The downstream location is no longer considered suitable nesting habitat for the southwestern willow flycatcher due to riparian habitat removal from the channel to allow for increased capacity for flood control. Additional nesting habitat, however, is potentially still present within and adjacent to portions of the Creek.

San Bernardino Kangaroo Rat Surveys A San Bernardino kangaroo rat live-trapping study was conducted by the USFWS on five consecutive nights between December 7 and December 12, 1998. Five distinct habitat patches or fragments of alluvial fan sage scrub were selected for the survey. A total of 65 traps were operated on the nights of the survey. No San Bernardino kangaroo rats were captured during the surveys. From a total of 985 captures of small mammals, 204 unique individual small mammals representing five different native species were trapped. The five native species represented through the trapping efforts included: white-footed deer mouse (Peromyscus maniculatus), San Diego kangaroo rat (Dipodomys simulans), California pocket mouse (Chaetodipus californicus), California vole (Microtus californicus), and western harvest San Timoteo Creek Habitat Enhancement Project Chapter 3: Affected Environment, Environmental Consequences, and Mitigation Measures 54 mouse (Reithrodontomys megalotis). Twenty-two additional captures were house mice (Mus musculus), a non-native species. All of the species captured were typical of coastal Southern California habitats. None of the five native species captured is considered sensitive by state or Federal agencies. The site lies in the periphery of the San Bernardino kangaroo rat habitat as delineated in the Multiple Species Habitat Conservation Plan. The San Bernardino kangaroo rat has a local territory for breeding and is not known to migrate over large distances. The soil conditions support the breeding and habitat of the species in the area. The project would not impact the kangaroo rat population if present on site.

Arroyo Southwestern Toad Surveys Focused surveys for the arroyo southwestern toad (Bufo californicus) were conducted during the 1999 breeding season between April 14 and June 30. Although secondhand data of arroyo southwestern toad vocalizations from San Timoteo Creek have been reported to the San Bernardino County Museum, project-specific surveys of the Creek indicate that the report of vocalizations remains unconfirmed. Based on the completed surveys and data from the 1998 breeding season, San Timoteo Creek is not expected to support breeding arroyo southwestern toads. Much of the habitat described above was temporarily or permanently impacted by the USACE floodway improvement project. The proposed project will re-establish and enhance the habitat by providing for a wildlife corridor. As no sensitive species have been found in the area and the project will not induce or eliminate potential habitat, no impacts are expected. Past

37

Biological investigations conducted within the project area indicated that no endangered or threatened species were present. However, the San Bernardino County Museum has found Least Bell’s vireo and Southwestern willow flycatcher, both listed as federal and State Endangered species, nesting near the creek corridor upstream and downstream of Alessandro Road (communication from Jim Borcuk, S.B. County Flood Control District, September 2005). 3.9.2 Permanent Impacts The nature of the proposed project will be to enhance the quality of the environment, allowing plant and wildlife species to ideally experience population growth. The project would also serve to re-establish significant portions of one of the last wildlife corridors in southern California. The USACE has monitored its revegetation activities since construction began in 2002. Two additional pre-construction surveys were conducted. A trapping survey was conducted for the San Bernardino kangaroo rat and a nesting survey was conducted for birds. The surveys San Timoteo Creek Habitat Enhancement Project Chapter 3: Affected Environment, Environmental Consequences, and Mitigation Measures 55 confirmed that no sensitive species or active nests were found on-site (San Timoteo Creek Reach 3B Flood Control Project Monthly Monitoring Report February 2002, USACE and San Bernardino County Flood Control District). Environmental monitors on-site daily during the 2003, 2004, and 2005 construction periods have found no sensitive or listed species on-site. Correspondence received by the SBCFCD from USFWS confirms that the proposed action is not likely to affect federally-listed species or critical habitats (see Appendix F). 3.9.3 Cumulative Impacts Overtime, there may be an increase in the populations of threatened and endangered species utilizing the corridor enhanced and preserved by the proposed project. There would be no adverse cumulative impacts. 3.9.4 Mitigation Measures There are no recommended mitigation measures concerning threatened and endangered species.

Policies and Programs: · Identify and develop a coordinated biological preserve system that includes Pre‐Approved

Mitigation Areas, Biological Resource Core Areas, wildlife corridors, and linkages to allow

wildlife to travel throughout their habitat ranges. Avoid adverse impacts to wildlife movement

corridors and nursery sites (e.g., nest sites, dens, spawning areas, breeding ponds).

· Require that impacts to species listed under the State or federal Endangered Species Acts, or

species identified as special-status by the resource agencies, be avoided to the greatest feasible

extent. If avoidance is not possible, fully mitigate impacts consistent with applicable local, State,

and Federal requirements.

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· Allow for appropriate public access to open space lands for recreation activities while

protecting and restoring the natural ecosystem and minimizing environmental damage, as

appropriate.

· Habitat preserved as a part of any mitigation requirements shall be preserved in perpetuity

through deed restrictions, conservation easement restrictions, or other method to ensure that the

habitat remains protected. All habitat mitigation must have a secure, ongoing funding source for

operation and maintenance.

Objective 2: Preserve, maintain, and expand the number of trees in the urban forest, on both

public and private property.

· Avoid adverse effects on health and longevity of native trees of significance through

appropriate design measures and construction practices. When tree preservation is not possible,

require appropriate tree replacement.

· Require the retention of trees of significance (such as heritage trees) by promoting stewardship

of such trees and ensuring that the design of development projects provides for the retention of

these trees wherever possible. Where tree removal cannot be avoided, the City shall require tree

replacement or suitable mitigation

Objective 3: Protect and enhance streams, channels, seasonal and permanent marshland,

wetlands, sloughs, riparian habitat and vernal pools in land planning and community design. In

this, case San Timoteo Creek.

Recommended Policies & Programs:

· Enhance fisheries habitat and restore access for native fishes in creeks.

39

· Promote floodplain management techniques that increase the area of naturally inundated

floodplains and the frequency of inundated floodplain habitat, restore some natural flooding

processes, river meanders, and widen riparian vegetation, where feasible.

· In conjunction with new development located along existing creeks and streams and where

appropriate, incorporate daylighting for culverted portions or other bank naturalizing approaches

for channeled sections as a means of creek and stream restoration.

· Prohibit development within a minimum of 100 feet from the top of banks for all lakes,

perennial ponds, rivers, creeks, sloughs, and perennial streams. A larger setback is preferred.

Water Resources

Objective 1: Manage groundwater resources on a sustainable yield basis that can provide water

purveyors and individual users with reliable, high quality groundwater to serve existing and

planned land uses during prolonged drought periods. (Yolo County)

Recommended Policies & Programs

· Protect aquifer recharge features and areas of important aquifers from degradation of water

quality and reduction of recharge (City of Riverside) Objective: Preserve and protect surface

water through the use of careful and empirically-backed planning Recommended Policies &

Programs

· Maximize stormwater filtration and/or infiltration in areas that are not subject to high

groundwater by maximizing the natural drainage patterns and the retention of natural vegetation

and other pervious surfaces. This policy shall not apply in areas with high groundwater. (San

Diego County) Draft Document Draft for Public Comment 352

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· Coordinate with water purveyors and water users to manage supplies to avoid long-term

overdraft, water quality degradation, land subsidence and other potential problems. (Yolo

County)

· Conserve and where feasible create or restore areas that provide important water quality

benefits such as riparian corridors, buffer zones, wetlands, undeveloped open space areas, levees,

and drainage canals. (Sacramento) Objective: Require development to reduce the waste of

potable water through use of efficient technology and conservation efforts that minimize the

County’s dependence on imported water and conserve groundwater resources. (San Diego

County) Recommended Policies & Programs

· Support projects that provide reliable and sustainable surface water from a variety of energy

efficient sources. Sources should be sufficient to serve existing and planned land uses in

prolonged drought periods and protect natural resources and surface water flows (Yolo County)

· The City shall require new development to protect the quality of water bodies and natural

drainage systems through site design, source controls, storm water treatment, runoff reduction

measures, best management practices (BMPs) and Low Impact Development (LID), and

Hydromodification strategies consistent with permits (Yolo County)

· Require all development to have an adequate water supply. Require significant discretionary

projects to demonstrate adequate long-term and sustainable water supplies by preparing a

verified water supply assessment. (Yolo County)

· Require new development to demonstrate that adequate water is available before project

approval and to fund its fair‐share costs associated with the provision of water service.

(Redwood City)

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· Require efficient irrigation systems and in new development and encourage the use of native

plant species and non‐invasive drought tolerant/low water use plants in landscaping. (San Diego

County)

· Require development to minimize the use of directly connected impervious surfaces and to

retain stormwater run‐off caused from the development footprint at or near the site of generation

(San Diego County)

· Continue to develop and implement water conservation programs in response to community

input and to keep pace with changing technology (Redwood City) Draft Document Draft for

Public Comment 353

· Support the integrated management of surface and groundwater, stormwater treatment and use,

the development of highly treated wastewater, and desalinization where feasible (Yolo County)

· Develop a recommended native, low-water-use and drought-tolerant plant species list for use

with open space and park development. Include this list in the landscape standards for private

development (City of Riverside)

· The City shall require all new development to contribute no net increase in stormwater runoff

peak flows over existing conditions associated with a 100-year storm event. (Sacramento

County)

General Project Guidelines:

DISCHARGE SPECIFICATIONS:

1. Neither the project nor the discharge of waste shall create, or threaten to create, a nuisance or

pollution as defined by Section 13050 of the California Water Code.

2. The groundwater in the vicinity of the project shall not be degraded.

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B. PROHIBITIONS:

1. Construction equipment shall not be stored within the streambeds. There shall be no fueling,

lubrication and maintenance of construction equipment within 500 feet of waters of the State. At

stream crossings, the disturbance of the streambed and banks required for construction

equipment shall be kept to a minimum.

2. No waste material shall be discharged to any drainage areas, channels, or streams. Spoil sites

shall not be located within any streams, or in areas where it could be washed into any surface

water body.

3. The discharge of silt, sand, clay, or other earthen materials from any activity in quantities

sufficient to cause deleterious bottom deposits, turbidity, or discoloration in surface waters is

prohibited.

4. The direct discharge of wastes, including rubbish, refuse, bark, sawdust, or other solid wastes

into surface waters or at any place where they would contact or where they would be eventually

transported to surface waters, including flood plains is prohibited.

5. The discharge of oils or other floating materials from any activity in quantities sufficient to

cause deleterious bottom deposits, turbidity, or discoloration in surface waters is prohibited.

C. RECEIVING WATER LIMITATIONS:

1. No activity associated with the excavation procedures nor deposition of fill shall cause a

violation of any applicable water quality standard for receiving waters adopted by the Regional

Board or the State Water Resources Control Board, as required by the Federal Water Pollution

Control Act and regulations adopted thereunder. If more stringent applicable standards are

promulgated or approved pursuant to Section 303 of the Federal Water Pollution Control Act, or

amendments thereto, the Board may revise this Order in accordance with such more stringent

standards. Order No. 01-75, Waste Discharge Requirements Page 6 of 8 U.S. Army Corps of

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Engineers & San Bernardino County Flood Control District San Timoteo Creek Reach 3B Flood

Control Project

2. Excavation or filling activities shall not cause the dissolved oxygen in the receiving waters to

be depressed below 5.0 mg/l. When natural dissolved oxygen concentrations are less than 5.0

mg/l, the discharge shall not cause a further depression.

3. Excavation or filling activities shall not cause the background natural turbidity (in

Nephelometric Turbidity Units, NTUs) in the receiving waters to be increased by values greater

than the following at a distance of 100 feet from the excavation or filling activity: Natural

Turbidity Maximum Increase 0-50 NTU 20% 50-100 NTU 10 NTU Greater than 100 NTU 10%

D. PROVISIONS:

1. The dischargers shall comply with all the requirements and provisions of this Order

immediately upon adoption.

2. The dischargers shall maintain a copy of this Order at the site so that it is available to site

operating personnel at all times. Key operating and construction personnel shall be familiar with

its content.

3. The dischargers shall comply with Monitoring and Reporting Program No. 01-75 as issued by

the Executive Officer. The monitoring and reporting program may be revised at any time during

the term of this Order, and may include a reduction or an increase in the number of parameters to

be monitored, the frequency of monitoring, or the number and size of samples collected.

4. The dischargers shall implement the terms and conditions stipulated in the U.S. F&WS June

14, 2001 Biological Opinion.

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5. The dischargers shall implement the terms and conditions of the California Department of Fish

and Game Code (CDF&G) Section 1601 Streambed Alteration Agreement and the term and

conditions of CDF&G Code Section 2081 Incidental Take Permit.

6. The dischargers shall notify in writing and by phone the Regional Board, the U.S. F&WS, and

the California Department of Fish and Game three weeks before any maintenance operation in

San Timoteo Creek is implemented. Order No. 01-75, Waste Discharge Requirements Page 7 of

8 U.S. Army Corps of Engineers & San Bernardino County Flood Control District San Timoteo

Creek Reach 3B Flood Control Project

7. If surface flow is present in any stream, all necessary precautions shall be taken to insure

water quality protection. If cofferdams, detention basins, sedimentation traps, evaporation ponds

or other construction techniques are to be installed within the waters of the State, the project

proponent shall contact the California Department of Fish and Game and the Regional Board

Executive Officer prior to installation of such devices. Any stream diversion required during the

project implementation shall be with the prior approval of the Department of Fish and Game.

8. The dischargers shall implement rules for handling hazardous materials to prevent spills and

provide controlled storage areas away from the Creek. Petroleum products, concrete, asphalt or

other coating materials, and other hazardous materials shall be prevented from contaminating

soil or entering surface waters.

9. The dischargers shall report any discharge of waste that may endanger health or the

environment. Such information shall be provided to the Executive Officer (909-782- 4130) and

the Office of Emergency Services (800-852-7550), if appropriate, as soon as the dischargers

becomes aware of the circumstances. A written report shall be submitted within five (5) days of

the time the dischargers becomes aware of the circumstances and shall contain a description of

the discharge and its cause; the period of discharge, including exact dates and times and, if the

discharge has not been corrected, the anticipated time to reduce, eliminate, and prevent

recurrence of the discharge.

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10. The discharger must comply with all of the requirements of this Order. Any violation of this

Order constitutes a violation of the California Water Code, and is grounds for enforcement

action, termination of this Order, revocation and re-issuance of this Order, denial of an

application for re-issuance of this Order, or a combination thereof.

11. The discharger shall take all reasonable steps to: a. minimize or prevent any discharge that

has a reasonable likelihood of adversely affecting human health or the environment. b. minimize

any adverse impact to receiving waters resulting from noncompliance with any requirements

specified in this Order, including such accelerated or additional monitoring as necessary to

determine the nature and impact of the noncomplying discharge.

12. The dischargers shall report promptly to the Board any material change in the character,

location, and/or volume of the discharge.

13. The requirements prescribed herein do not authorize the commission of any act causing

injury to the property of another, nor protect the discharger from liabilities under federal, state, or

local laws, nor guarantee the discharger a capacity right in the receiving waters.

14. This Order does not convey any property rights of any sort, or any exclusive privilege. Order

No. 01-75, Waste Discharge Requirements Page 8 of 8 U.S. Army Corps of Engineers & San

Bernardino County Flood Control District San Timoteo Creek Reach 3B Flood Control Project

15. The California Water Code Section 13268(d)(2) provides that any person who violates an

order of the Regional Board is subject to civil penalties of up to $25,000 per day of violation. 16.

The Regional Board and other authorized representatives shall be allowed: a. Entry upon

premises where a regulated facility or activity is located or conducted, or where records are kept

under the requirements of this Order; b. Access to copy any records that are kept under the

requirements of this Order; c. To inspect any facility, equipment (including monitoring and

46

control equipment), practices, or operations regulated or required under this Order; and d. To

photograph, sample and monitor for the purpose of assuring compliance with this Order.

Land UseBy:Dan Van EssenBackground on San Timoteo CanyonThe entire corridor is approximately 6.58 miles in length between Redlands Boulevard and Alessandro Road. The project falls within the jurisdiction of the cities of Loma Linda and Redlands and the County of San Bernardino. Areas along San Timoteo Creek are being re-established as a wildlife corridor with native vegetation. The parcels within the city of Redlands are mostly designated in the City’s General Plan for flood control/construction aggregate conservation/habitat preservation and ResourcePreservation. Permitted uses on these parcels include water conservation, wildlife preservation, open space, recreation and agriculture. The City’s zoning plan designates this land as either Residential Estate, or A-1 to provide for proper utilization of land best suited for agricultural purposes and to prevent incompatible uses. No adverse impacts are anticipated by the oil train unless there is an accident. The City of Loma Linda is currently undergoing a General Plan update, and the sites considered for the project are designated as proposed or existing mixed use, commercial, residential (medium density), business park and public open space. There would be no conflict with any local general plan or land use San Timoteo Creek Habitat Enhancement ordinance. There is no disruption of planned development, no division of established communities, nor would any community facilities be affected by the oil train if there are no accidents. The oil train does not support any large commercial or residential development. The land enhanced as a result of this project will be used as open space. Therefore, there would be no impact to land use, planning, or growth. Land use could however be severely effected if an accident involving the oil train were to occur. This section describes the existing and planned land uses that may be affected by the oil train. This section also includes a description of the land status (i.e., landownership), land use plans, and grazing allotments in the vicinity of the Proposed Project. During the scoping period, government agencies and members of the public identified the following issues and concerns related to Land Use (1) proximity of Proposed Project facilities to schools; and (2) alignment of a portion of the oil train through the Mojave National Preserve. These comments are addressed and mitigation measures proposed in Section 3.10.3, EnvironmentalConsequences. Affected EnvironmentThis section discusses land use within 1 mile of the oil train. A 1-mile bufferwas chosen because it would include direct, as well as reasonably foreseeable indirect, impacts to land use. Land Status/Ownership

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The oil train primarily traverses undeveloped lands administered by the Bureau of Land Management (BLM) in San Bernardino County federally managed lands in the Proposed Project area include land under the jurisdiction of theUnited States Forest Service (USFS), and the Department of Defense (DoD). Lands under the jurisdiction of the State of California are also crossed by the oil train. Incorporated communities crossed by the oil train include, among others, the Cities of Colton, Redlands, Banning and Indio in California. State of CaliforniaIn California, the pipeline would traverse the County of San Bernardino and the incorporated cities of Colton, Redlands, Banning and Indio. Existing Land UsesThe pipeline would be routed through a variety of land uses including residential, rural residential, industrial, and commercial areas. In California, the oil train would traverse developed land uses in the city of Colton and Rialto along the I-15 corridor. As the oil train continues east along I-10 it would cross through the Redlands Conservancy and the Morongo reservation and then transition into the cities of Indio and into Arizona. Public SchoolsDuring public scoping, concerns were raised about the proximity of the pipeline to schools that attract a high concentration of individuals. Within California, 25 public schools are located within one mile of the Oil train Applicable Regulations, Plans, and PoliciesThe majority of lands within the Proposed Project area are administered by a combination of federal and state landowners. The sections below detail the regulatory requirements for land use by federal agency, county, and city. FederalFederal Land Policy and Management Act of 1976, as amended (FLMPA)The FLMPA provides the BLM with an overarching mandate to manage the public lands and resources under its stewardship under the principles of multiple use and sustained yield. “Multiple use” is a concept that directs management of public lands and their resource values in a way that best meets the present and future needs of Americans, and defined as: a combination of balanced and diverse resource uses that takes into account the long-term needs of future generations for renewable and nonrenewable resources (Federal Land Policy Management Act §103(c)). The Proposed Project would be consistent with the BLM policies related to the siting of ROWs, the processing of applications for use authorizations, and the management of public land. California Desert Protection Act of 1994 (PL 103-433) The California Desert Protection Act of 1994 established the Death Valley and Joshua TreeNational Parks and the Mojave National Preserve (MNP) in the California desert. This act also designated 69 wilderness areas within the CDCA to be administered by the BLM, and two

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wilderness areas in the Havasu and Imperial National Refuges to be administered by the USFWS. Details on wilderness areas in the vicinity of the Proposed Project Special Management Areas. The California Desert Protection Act includes general policies for establishing and managing these areas, and policies on administration, grazing, buffer zones, mining claims, and law enforcement.For the MNP, Congress made various findings about the need to protect the Mojave Desert. The Act establishes the MNP, consisting of about 1,419,800 acres, and abolishes the East Mojave National Scenic Area, which was designated in 1981. The Secretary is required to administer the preserve in accordance with National Park System laws, and must permit hunting, fishing and trapping as allowed by federal and state laws, with certain exceptions. Mining claims are governed by the National Park System laws, and grazing is permitted to continue at no more than the current level. The Act required the Secretary of the Interior to submit a comprehensive management plan for the preserve to Congress by November, 1997 and to establish a Mojave National Preserve Advisory Commission, for a ten-year period, to advise on the development and implementation of the plan. The Proposed Project would be consistent with the provisions of the California Desert Protection Act of 1994 because the pipeline ROW would not cross through any National Parks, National Preserves, or Wilderness Areas. California Desert Conservation Area PlanIn 1980, the BLM prepared a comprehensive management plan for the CDCA. The CDCA contains over 12 millions acres of public lands that are administered by the BLM. The goal of the CDCA Plan is to provide for the use of the CDCA area, including economic, educational, scientific, and recreational uses, in a manner which enhances wherever possible – and which does not diminish, on balance – the environmental, cultural and aesthetic values of the Desert and its productivity (BLM 1980).All public lands in the CDCA under BLM management have been designed geographically into four multiple use classes, based on the sensitivity of resources and kinds of uses for each geographic area:• Class C (controlled). These include 69 wilderness areas totaling 3,667,020 acrescreated by Congress with the October, 1994 passage of the California Desert Protection Act. These lands are to be preserved in a natural state and access is generally limited to non-motorized, non-mechanized means (i.e., by foot or horseback).• Class L (limited use). These lands are managed to protect sensitive, natural, scenic,ecological, and cultural resource values. They provide for generally lower-intensity,carefully controlled multiple uses that do not significantly diminish resource values.• Class M (moderate use). These lands are managed in a controlled balance betweenhigher intensity use and protection. A wide variety of uses, such as mining, livestockgrazing, recreation, energy, and utility development are allowed. Any damage, whichpermitted uses cause, must be mitigated.• Class I (intensive use). These lands are managed for concentrated use to meet human needs. Reasonable protection is provided for sensitive natural values, and mitigation of impacts and rehabilitation of impacted areas will occur when possible.The CDCA Plan also includes an Energy Production and Utility Corridor Element, the goals of which are to:

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1. Fully implement the network of joint-use planning corridors to meet projected utility needs to the year 2000.2. Identify environmental constraints and siting procedures that can be used desert-wide by telecommunications firms and public agencies to guide their planning of both individual communication sites and line-of-sight communication systems.3. Identify potential sites for geothermal development, wind energy parks, and power plants.As part of this element, the CDCA Plan designated a regional network of sixteen utility planning corridors (later increased to nineteen by plan amendments). Corridors are from two to five miles wide, and are several to hundreds of miles in length. Their purpose is to guide detailed planningand siting of utility projects requiring a right of way from the BLM. The designated corridors allow for the following utilities:(1) New electrical transmission towers and cables of 161 kV (kilovolt) or above;(2) All pipelines with diameters greater than 12 inches;(3) Coaxial cables for interstate communications; and(4) Major aqueducts or canals for inter-basin transfers of water.Within the CDCA Planning Area, the pipeline would primarily be aligned within the following designated utility corridors:• Corridor No. 27-225: Contains a 500-kV and a 138-kV transmission line and a 14-in pipeline.• Corridor No. 27-266: Contains two 500-kV transmission lines and a 138-kV transmission line. San Bernardino National Forest Land Resource Management PlanThe San Bernardino National Forest Land and Resource Management Plan guides all natural resource management activities and establishes management standards and guidelines for the San Bernardino National Forest. It describes resource management practices, levels of resource production and management, and the availability and suitability of lands for resource management. The goals and objectives pertain to recreation, wilderness, wildlife and fish, range, timber, soil and water, minerals, lands, facilities, protection, and public information. The pipeline would cross through the San Bernardino National Forest within a designatedenergy corridor (Corridor No. 108-267). This corridor currently includes a 500-kV transmission line, a 230-kV transmission line, and a 14-inch and a 36-in pipeline (Department of Energy 2008). Construction of the pipeline within this designated corridor would not conflict with any elements of the San Bernardino National Forest Land and Resource Management Plan. The applicable land management plans and goals and policies for local jurisdictions in California are described below.County of San Bernardino General PlanThe County of San Bernardino 2007 General Plan (adopted March 13, 2007, effectiveApril 12, 2007) governs land use planning and development decisions in theunincorporated areas of the County (County of San Bernardino 2007). The plan contains goals, policies, and implementing actions for a variety of issues including natural and man-made hazards and natural and man-made resources. The Energy subsection of the Conservation

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Element discusses the under-grounding of pipelines and that the County’s goal and policy are as follows:• GOAL CO 8: The County will minimize energy consumption and promote safe energy extraction, uses and systems to benefit local regional and global environmental goals.• POLICY CO 8.1: Maximize the beneficial effects and minimize the adverse effectsassociated with the siting of major energy facilities. The County will site energy facilities equitably in order to minimize net energy use and consumption of natural resources, and avoid inappropriately burdening certain communities. Energy planning should conserve energy and reduce peak load demands, reduce natural resource consumption, minimize environmental impacts, and treat local communities fairly in providing energy efficiency programs and locating energy facilities. Environmental Consequences Requirements and Focus of NEPA versus CEQA Impact Analyses Potential Impacts to be Evaluated under NEPA Based on the scope of the Proposed Project and alternatives, and the affected environment in which the project would be implemented, the following potential impacts to land use have been identified for evaluation: • Restriction of the land use authorizations of the BLM, USFS, or the Department of Defense (addressed as LU-1 below);• Restriction of land tenure adjustments (addressed as LU-2 below); • Disturbance to residences (addressed as LU-3 below);• Impose restrictions on livestock and grazing management (address as AG-1 below). CEQA Significance Criteria Under California Environmental Quality Act (CEQA), the significance of impacts resulting from construction, operation, and decommissioning of the Project are evaluated using significance criteria provided in the checklist in Appendix G of the California Environmental Handbook. With respect to land use and agriculture, the relevant CEQA significance criteria provided in Sections IX and II of the checklist are based on whether the proposed project would:• Physically divide an established community (addressed as LU-4 below);• Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Proposed Project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect (addressed as LU-5 below);• Conflict with any applicable habitat conservation plan or natural community conservation plan (addressed as LU-6 below);• Convert Prime Farmland, Unique Farmland, of Farmland of Statewide Importance (Farmland) to non agricultural use (addressed as AG-2 below);• Conflict with existing zoning for agricultural use, or a Williamson Act contract (addressed as AG-3 below);• Conflict with existing zoning for forest land or timberland (addressed as AG-4 below); • Result in loss of forest land or conversion of forest land to non-forest use (addressed as AG-5 below); or

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• Involve other changes, which could result in conversion of Farmland or forest land to other use (addressed as AG-6 below).

Hazardous Waste/MaterialsSan Timoteo CanyonIn April 2004, Lilburn Corporation conducted a Phase I Site Assessment along San Timoteo canyon. The discussion in this section is based on the report “San Timoteo Creek Habitat Enhancement Program Phase I Environmental Site Assessment” (see Appendix D). One site (APN# 175-251-04) contained numerous 55-gallon drums, which were washed away during storm events of 2005 (per Dave Lovell, S. B. County Flood Control District). The drums were found to be mostly empty or filled with mud and did not result in any contamination on site. The remaining properties surrounding the canyon do not appear to have been impacted by hazardous material or historical land uses that would impact the project detrimentally. No structures have been or are planned for the canyon. People use the canyon frequently for recreational purposes. Historical aerial photographs of the area were reviewed for signs of commercial, industrial, or other land uses or development on or near the project site that may impact the development to the proposed property for habitat enhancement or similar passive land uses. No signs of previous intense land use development or use that may impact the property were observed. Historical photos and hazardous material databases were also reviewed for any past negative impacts to the site; none were discovered. A Request for Records Research on the project area was submitted in February 2004 to the San Bernardino County Fire Department, Hazardous Materials Division. The department has been unable to perform the record search on the parcels as it was beyond the scope of the agency (correspondence dated July 2005). A review of Federal and State environmental databases revealed no environmental concerns or issues, which would be considered “an impairment” to the subject site. The Federal and State records search revealed nine leaking underground storage tanks within the one-mile radius; seven located north/northwest and two located south/southwest of the project area. Remediation has not been completed at these sites; however due to the sitespecific nature of the project, any land acquisition or enhancement activities associated with the project would not adversely impact any on-going remediation at these nine sites. Public Safety/Hazardous MaterialsThis section evaluates how public health and safety may be affected by the oil train. This section also discloses permanent and temporary impacts to health and safety. The locations of oil train facilities, rights-of-way (ROWs), extra workspaces, and staging areas can be found in Chapter 2. Chapter 2 also includes a description of construction, operation, and maintenance techniques used for the Proposed Project as well as a detailed discussion of alternatives. Pipeline safety and hazards are an important part of the public safety analysis. Topography, Geology, and Geologic Hazards.

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During the scoping period, meetings were conducted with the public and government agencies to identify issues and concerns. Written comments were also received. The following issues related to hazardous materials and public safety were raised: (1) overall public safety withregard to the Proposed Project;(2) potential impacts from pipeline failure on human health andproperty;(3) proximity of the proposed pipeline and ancillary facilities to schools;(4) safety issues during construction of the Proposed Project;(5) protection of the pipeline;(6) measures that would be taken in the event of pipeline failure;(7) the Applicant’s pipeline safety record;(8) greater public involvement with respect to pipeline safety; and(9) potential problems related to the transportation of hazardous materials.The primary sources of information used for this section included an EnvironmentalContamination Assessment Report provided by URS Corporation (2008), an Environmental Data Resources (EDR) DataMap (2008); federal, state, and local agency websites related to environmental health and safety; and safety elements from local-agency general plans. Affected EnvironmentThe oil train primarily traverses undeveloped lands administered by the Bureau of Land Management (BLM) in San Bernardino County, California. Federally managed lands in the Proposed Project area include land under the jurisdiction of theUnited States Forest Service and the Department of Defense. Lands owned by the State of California, San Bernardino County, and Clark County are also crossed by the oil train. Incorporated communities crossed by the oil train include, among others, the Cities of Colton, Redlands, Rialto, Victorville, Adelanto, and Barstow in California. This section defines existing conditions within the Proposed Project area to establish a baseline from which potential impacts can be measured. Potential natural hazards and hazards related to existing infrastructure are considered. Hazards that could affect human health include, among others, the possible unearthing or exposure of hazardous wastes and contaminated soil or groundwater; and hydrocarbon releases or fires resulting from leaks or damage to the existing system. Hazardous Wastes/Contaminated Soil and GroundwaterA preliminary search of 51 databases for California and Nevada identified 669 potentially contaminated sites within 1 mile of the Proposed Project are; 270 of which are within 500 feet of the centerline of the Proposed Project’s ROW (URS Corporation 2008). This database search was comprehensive and included sites that did not necessarily contain contaminated soil or groundwater but were identified in federal or state databases for compliance with or enforcement of environmental regulations. For example, the list includes sites that are regulated by the Environmental Protection Agency (EPA) because they either generate, store, transport, or dispose of hazard waste; are recyclers; or contain underground or aboveground storage tanks. The list also includes sites that require no further action. The list of sites was further screened to identify those sites with the potential for shallow contaminated soil or groundwater that could be present within or near the ROW, based on the assumption that construction activities would be

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limited to a depth of six feet. In general, groundwater is expected at depths greater than 15 feet below ground surface (bgs). Groundwater at less than 15 feet bgs and/or seasonal surface water may occur near the following areas:• Alluvial washes within parts of Lytle Creek (milepost [MP] 10 to 12);• Perennial flowing portions of Cajon Creek (MP 12 to 25);• The floodplain of the Mojave River north of Victorville and near Barstow (MP 54 to 55and 86 to 90);• Mojave River (Silver Lake) near Baker (MP 145 to 146);• Between Primm and Jean, Nevada (MP 196 to 208); and• Las Vegas near the Union Pacific Railroad tracks (MP 232.4). Groundwater depths in downtown Las Vegas can be less than 10 feet bgs; however, along the ROW, groundwater is 30 feet bgs or greater.There are multiple subsurface pipelines in the vicinity of the Proposed Project area where there could be subsurface petroleum contamination and potential metals contamination as a result of mine tailings. Unexploded ordnance associated with the Rialto/Colton Munitions Depot facility historically has been reported. Also known as the Rialto Ammunition Storage Point, this 2,821.75 acre facility is about 5 miles north of the City of Rialto and 10 miles northeast of the City of Fontana, Californianear Alternative 2 at about MP 10. The facility was originally operated in World War II and subsequently was subdivided and has had numerous owners. Currently, most of the property is zoned industrial and is occupied by various companies, including pyrotechnics companies. Portions of the area have been developed for residential use. The area includes the Mid-Valley Sanitary Landfill which is owned and operated by the County of San Bernardino (URS Corporation 2008). The State of California compiles a Hazardous Waste and Substances Sites (Cortese) List. There are 51 Cortese sites in San Bernardino County. The Marine Corps Logistics Base (MCLB) in Barstow, California and D&M Drum Company are Cortese sites that lie within 1 mile of the oil train (California Department of Toxic Substances Control [CADTSC]2009a).The MCLB is near to, but not crossed by the Proposed Project ROW, between MP 83 and 91 (Figure 2-8). Operations at the MCLB include equipment maintenance and repairs, and receiving, storing, maintaining, issuing and shipping military materials. Most wastes are related to vehicles and surplus. Vehicle wastes include oils, grease, hydraulic fluids, fuels, battery acids, antifreeze, bilge waters, paints, degreasers and solvents. Surplus wastes include ammunition, various sources of low level radiation, and chemicals including pesticides. The MCLB has 38 contaminated sites that have been divided into seven operable units. Superfund sites are often divided into operable units that have similar features or types of contamination for the purpose of investigation and cleanup. The base has landfills and surface impoundments. Spills and burning have occurred on-site and surface soils are contaminated. Volatile organic compounds including trichloroethylene have been detected in the groundwater at MCLB. Contaminants in soils include heavy metals, organic compounds, polychlorinated biphenyls, and trichloroethylene which can migrate to groundwater. The groundwater aquifer under the MCLB is the source of domestic and

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commercial drinking water in the region. Phase I of a four phase Installation Restoration Program (IRP) has been completed by the Department of Defense (CADTSC 2009b). D&M Drum Company is located at 137 Lilac Avenue in Rialto, approximately 0.25 mile from the Proposed Project route between MP 5 and 6. D&M Drum Company recycled drums from 1980 to 1989. The San Bernardino County Department of Environmental Health conducted annual facility inspections and ordered a corrective action in 1991. The San Bernardino County Department of Environmental Health referred the site to the CADTSC in 1995 for further action.A remedial investigation would be conducted for soil contamination (CADTSC 2009c). Several silver mines operated in the late 1800s near Daggett, California, including the Calico, Waterloo, and Oriental mines. Each had mills that processed ore and generated tailings. The Calico mine is located more than 1 mile from the Proposed Project route, but the Proposed Project route passes by the mill wastes that are located near MP 88.5. The mill wastes at the Waterloo and Oriental Mill sites have not been investigated; however, the State of California’s Department of Toxic Substances investigated the Calico Tailing Area and made an imminentand substantial endangerment determination based on the presence of high levels of mercury (180 parts per million [ppm]), arsenic (700 ppm), and lead (1100 ppm). These levels exceeded both State of California and EPA screening levels. Although sampling of the mill wastes associated with the Oriental or Waterloo Mines has not been conducted, it is reasonable to assume that similar milling procedures would have occurred and that there is potential for contamination at these sites (Reeder 2010 and Adams 2009). Approximately 1 mile from the oil traintracks(between MP 191 and 192), there is a flyash land disposal site located near the Primm Valley Golf Course. Biogen operated a coal power plant near the present location of the Primm Valley Golf Course. A by-product of coalfired power plants is fly ash. Biogen disposed of the fly ash in an on-site landfill which is in the vicinity of the Primm Valley Golf Course; however, the Biogen facility was closed in the early 1990s (Cass 2010). The Molycorp Mine was originally opened in the early 1950s near the town of Mountain Pass, California, and is an active lanthanide mining and milling operation (between MP 177 and 178). According to the Toxic Release Inventory Database, the Molycorp Mine emits air quality contaminants, but there are no surface water discharges and no underground injection. Lead compounds are shipped off-site for disposal (U.S. EPA 2010). The Molycorp Mine has a history of contamination. Under a 1994 settlement, Molycorp agreed to close the drum yard and the concrete casting and staging areas at the Mountain Pass Facility in order to remove all drummed wastes and close all lead waste impacted areas. By the end of 2003, CADTSC’sGeology, Permitting, and Corrective Action Branch accepted the closure certification of these units and released Molycorp from closure financial responsibility. According to Envirostor, the Molycorp Mountain Pass Facility currently has a non-operating hazardous waste facility. There is also groundwater contamination associated with the on-site evaporation pond (Cass 2010).From 1983 to 1998, Molycorp operated a waste effluent pipeline from Mountain Pass to Ivanpah Dry Lake, and the Proposed Project route roughly parallels this former pipeline. The waste pipeline also has a history of contamination. Between 1984 and 1993, Molycorp reported over 40 spills from the pipeline, totaling 727,000 gallons. In 1996, there were at least 11 spills from pipeline ruptures, totaling in excess of 350,000 gallons. Some of the waste contained heavy metals and low levels of radioactivity, up to 100 times acceptable (background) levels. In 1997,

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the Lahontan Regional Water Quality Control Board (RWQCB) issued Cleanup and Abatement Order 6-97-66, and Molycorp completed the cleanup in 1998. More than half of the wastes were radioactive. In 1998, the Lahontan RWQCB issued orders requiring Molycorp to cease disposing of and clean up radioactive and hazardous waste in ponds on the playa and at the mill site and subsequently identified additional areas of the pipeline that required remediation and developed a plan for pipeline removal. Following a civil suit from county prosecutors for violating state drinking water safety laws, Molycorp temporarily suspended operations at themine and mill in September 1998 until environmental reviews were complete and a solution to its wastewater issues was reached (U.S. EPA 2010). Much of the contamination along the pipeline has been removed (Cass 2010).Contamination has also occurred at the evaporation pond sites. The wastewater pipeline discharged to two different sets of evaporation ponds. From 1980 to 1987, wastewater was discharged to the Old Ivanpah Evaporation Ponds (OIEP) located approximately 10 miles east of the mine along Nipton Road. Operations at the OIEP were discontinued when it was discovered that the underlying groundwater was contaminated with total dissolved solids (TDS), nitrate, and strontium that appeared to be related to the ponds. In 1987, wastewater discharge was moved to the New Ivanpah Evaporation Ponds (NIEP), located approximately 3 miles north of the OIEP near the center of the Ivanpah Playa. The NIEP location was selected based onnaturally poor groundwater quality (high saline and TDS) that exists beneath the dry lakebed. The wastewater discharged to the NIEP contained elevated TDS, primarily chloride and sodium with lower concentrations of strontium, nitrate, barium, lead, and radionuclides. The media of concern at the NIEP include surface soils and groundwater. The NIEP has not been formally closed. Groundwater monitoring for TDS, nitrates/nitrites, strontium, and lead is on-goingaround the NIEP (Arcadis 2009). Currently, Chevron Corporation owns the wastewater discharge pipeline and the evaporation ponds. Molycorp Minerals LLC owns and operates the mine. Chevron is in the process of removing the pipeline and removing residual contamination associated with the pipeline. It is also monitoring the groundwater at the evaporation ponds. Molycorp Minerals LLC is currently operating the mine but is not mining. It is processing stockpiled materials (Hunter 2010). SchoolsCalifornia state law has established requirements for siting of new schools. The school site selection standards, Title 5 California Code of Regulations (CCR) Section 14010(h), state that school sites would not be located near an aboveground water or fuel storage tank or within 1,500 feet (0.28 mile) of the easement of an aboveground or underground pipeline that can pose a safety hazard as determined by a risk analysis study conducted by a competent professional. Existing Fire HazardsThe Proposed Project pipeline would cross desert scrub, riparian woodland, and urban environments, each of which has an associated fire risk. Fire is natural part of the maintenance of some ecosystems; therefore, fires can be common in these areas.California has a system called Calfire to characterize the fire risks of areas. Calfire produces Fire Hazard Severity Zone maps that assign a hazard score based on the factors that influence fire likelihood and behavior. Many factors are considered such as fire history, existing and potential

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fuel (natural vegetation), flame length, blowing embers, terrain (steep terrain has a greater fire hazard severity), topography, and typical weather for the area. The 2008 Fire Hazard Severity Zone maps include areas where local governments have financial responsibility for wildland fire protection, known as local responsibility areas. Only lands zoned very high wereidentified within local responsibility areas. Using these methods, Calfire divided state responsibility areas into three hazard zones: moderate, high and very high (Cal Fire 2007). In general, the highest fire hazard is between MPs 10 and 28, followed by the area between MPs 8 and 10 and the area between MPs 28 and 33. There is a moderate fire hazard between MP 33 and the Nevada border (Appendix B).Clark County, Nevada conducted a risk/hazard assessment in 2005. The Proposed Project pipeline would cross the communities of Primm, Sloan, Arden, Henderson, and Las Vegas from south to north. These communities were assessed as being low hazard communities with low ignition risks. The areas between these communities were not assessed (Resource Concepts, Inc. 2005). Applicable Regulations, Plans, and Policies Hazardous materials handling and hazardous waste management are subject to numerous laws and regulations at all levels of government. Laws and regulations related to health and safety are summarized below.

Law/Regulation/Plan/Agency

Key Elements and Thresholds; Applicable Permits

National Oil and Hazardous Substances Pollution Contingency Plan (NCP) – 40 Code of Federal Regulations (CFR) §300 - United States Environmental Protection Agency (EPA)

• Outlines requirements for responding to both oil spills and releases of hazardoussubstances; specifies compliance but does not require the preparation of a written plan.• Provides for comprehensive system for reporting, spill containment, and cleanup.

Spill Prevention, Control, andCountermeasure (SPCC)Plans, required under the OilPollution PreventionRegulation; NonTransportation-Related

Onshore and OffshoreFacilities (40 CFR §112)- EPA

• Requires facilities that store, handle, or produce significant quantities of hazardous materialto prepare an SPCC Plan to ensure that containment and countermeasures are in place toprevent release of hazardous materials to the environment.• The United States Coast Guard and the

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EPA share responsibility for Federal On-SceneCommander oversight for spills.• The Proposed Project would be required to have an SPCC Plan for the construction andoperations phase

Clean Water Act- EPA

• Establishes basic structure for regulating discharges of pollutants into the waters of theUnited States.• Establishes pollution control programs such as setting wastewater standards for industry.• Sets water quality standards for all contaminants in surface waters.• Makes it unlawful for any person to discharge any pollutant from a point source intonavigable waters without a permit.

ComprehensiveEnvironmental Response,Compensation, and LiabilityAct (CERCLA)- EPA

• Provides authority for the EPA to respond to a release or threat of a release of any pollutant or contaminant which may pose a potential threat to human health and/or the environment. • Establishes prohibitions and requirements concerning closed and abandoned hazardous waste sites. • Provides for liability of persons responsible for releases of hazardous waste at these sites. • Establishes a trust fund to provide for cleanup when no responsible party can be identified. • Establishes which elements and compounds are hazardous substances. A hazardous substance is either “listed” if it appears in Table 302.4 in 40 CFR 302.4 or “unlisted” if it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24. • Establishes the quantity of a hazardous substance release that must be reported. • Provides notification requirements for a release of hazardous substance.

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Superfund Amendments andReauthorization Act- EPA

• Establishes a nationwide emergency planning and response program and reportingrequirements for facilities that store, handle, or produce significant quantities of hazardousmaterials.• Identifies requirements for planning, reporting, and notification concerning hazardousmaterials.

49 CFR Parts 173 and 177- Pipeline and HazardousMaterials SafetyAdministration (PHMSA)Office of Pipeline Safety(OPS)

Regulates transportation of hazardous materials in portable tanks and by highway.• Specifies minimum requirements for portable tanks and cargo tank motor vehicles.• Specifies requirements for driver training, inspections, shipping papers, segregation ofhazardous materials.• Requires engine shutoff and bonding and grounding between containers to preventaccidental ignition due to static electricity for Class 3 materials (flammable and combustibleliquids).

Resource Conservation andRecovery Act (40 CFR §240-299)- EPA

Establishes system for controlling hazardous waste from its point of origin to its finaldisposal. Includes handling, storage and disposal requirements.• A Resource Conservation and Recovery Act (RCRA) hazardous waste is a waste thatappears on one of the four hazardous wastes lists (F-list, K-list, P-list, or U-list), or exhibitsat least one of four characteristics—

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ignitability, corrosivity, reactivity, or toxicity. Hazardouswaste is regulated under the RCRA subtitle C.• To keep track of hazardous waste activities, treatment, storage, and disposal facilityowners and operators must keep certain records and submit reports to the EPA at regularintervals. Operating records, for example, must be kept on site for the duration of thefacility's operation. Recordkeeping and reporting requirements are found at 40 CFR part264 subpart E and 40 CFR part 265 subpart E .− USEPA Identification Number and Part A Permit (Forms 8700-12 and 8700-23) – Allfacilities that generate, transport, recycle, treat, store, or dispose of hazardous wasteare required to notify the EPA (or its State agency) of their hazardous waste activities.An EPA Identification Number must be obtained unless the solid waste has beenexcluded from regulation or their hazardous waste has been exempted.− National Biennial RCRA Hazardous Waste Reports – §3002 and 3004 of RCRArequire that the EPA collect information pertaining to hazardous waste managementfrom hazardous waste generators and hazardous waste treatment, storage, ordisposal facilities on a two year cycle.• Hazardous Waste Manifest System – The

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system includes a set of forms, reports, andprocedures designed to seamlessly track hazardous waste from the time it leaves thegenerator facility where it was produced, until it reaches the off-site waste managementfacility that will store, treat, or dispose of the hazardous waste.

Lempert-Keene-SeastrandOil Spill Prevention andResponse Act of 1990- California Department ofFish and Game (CDFG)Office of Spill Prevention andResponse and CaliforniaState Lands Commission

Established the Office of Spill Prevention and Response within the CDFG.• Seeks to protect the waters of the State from oil pollution and to plan for the effective andimmediate response, removal, abatement, and cleanup in the event of an oil spill.• Requires immediate cleanup of spills following approved contingency plans and fullymitigating impacts on wildlife.• Assigns primary authority to CDFG Office of Spill Prevention and Response to directprevention, removal, abatement, response, containment, and cleanup efforts with regard toall aspects of any oil spill in the marine waters of the State.

Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) - California Environmental Protection Agency (CalEPA) Office of Environmental Health Hazard Assessment

Requires businesses to notify Californians about significant amounts of chemicals that are released into the environment. • Develops health-protective exposure standards for different media (air, water, land) to recommend to regulatory agencies. • Administers the Proposition 65 program and evaluates all currently available scientific information on substances considered for placement on the Proposition 65 list. • Makes recommendations to the CDFG and the State Water Resources Control Board with respect to sport and commercial fishing

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in areas where fish may be contaminated.

California Hazardous Materials Incident Contingency Plan - California Office of Emergency Services

Describes California’s hazardous material emergency response organization.

Hazardous Materials Spill/Release Notification Guidance - California Office of Emergency Services

• Applies to all significant releases of hazardous materials by reference to the Safe DrinkingWater and Toxic Enforcement Act of 1986, better known as Proposition 65, and 9030 of theCalifornia Labor Code. Notification is required regarding significant spills or threatenedreleases from: facilities, vehicles, vessels, pipelines and railroads for discharges orthreatened discharges of oil or any hazardous substance in marine waters, discharges thatmight threaten or impact water quality and hazardous liquid pipeline releases and everyrupture, explosion or fire involving a pipeline.

Hazardous Waste andSubstances Sites (Cortese)List California GovernmentCode §65962.5

This state code requires the state to compile a hazardous waste and substance list. TheCortese List is a planning document used to comply with the California EnvironmentalQuality Act (CEQA) requirements by providing information about the location of hazardousmaterials release sites. The CalEPA must update the Cortese list annually (CaliforniaDepartment of Toxic Substances Control [CADTSC] 2009d).

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Hazardous Waste Control Act (Title 26 CCR) - CalEPA

Defines requirements for proper management of hazardous materials

Hazardous MaterialsTransportation Act

The Hazardous Materials Transportation Act is the federal legislation that regulatestransportation of hazardous materials. The primary regulatory authorities are the U.S.Department of Transportation (DOT), the Federal Highway Administration, and the FederalRailroad Administration. The Hazardous Materials Transportation Act requires that carriersreport accidental releases of hazardous materials to the DOT at the earliest practicalmoment (49 CFR Subchapter C). Incidents that must be reported include deaths, injuriesrequiring hospitalization, and property damage exceeding $50,000.

Potential Impacts to be Evaluated Under NEPABased on the scope of the Proposed Project and alternatives, and the affected environment in which the project would be implemented, the following potential public safety and hazardous materials impacts have been identified for evaluation:• Use, store, transport, or dispose of petroleum products and/or hazardous materials in a manner that results in a release to the aquatic or terrestrial environment in an amount equal to or greater than the reportable quantity for that material or creates a substantial risk to human health (addressed as Hazardous [HAZ]-1 [routine activities] and HAZ-2 [accidental releases] below);• Mobilize contaminants in the soil or groundwater, creating potential pathways ofexposure to humans or wildlife that would result in exposure to contaminants at levels that would be expected to be harmful (addressed as HAZ-3 below); or• Expose workers to contaminated or hazardous materials at levels in excess of those permitted by the Federal Occupational Safety and Health Administration (FOSHA) in 29 CFR §1910 and the CalOSHA in CCR Title 8, or expose members of the public to direct or indirect contact with hazardous materials from Proposed Project construction or operations.

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Under California Environmental Quality Act (CEQA), the significance of impacts resulting from construction, operation, and decommissioning of the Project are evaluated using significance criteria provided in the checklist in Appendix G of the California Environmental Handbook. With respect to hazards and hazardous materials, the relevant CEQA significance criteria provided in Section VIII of the checklist are:• Create a significant hazard to the public or the environment through the routinetransport, use, or disposal of hazardous materials (addressed as HAZ-1 below);• Create a significant hazard to the public or the environment through reasonablyforeseeable upset and accident conditions involving the release of hazardous materials into the environment (addressed as HAZ-2 below);• Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances, or waste within 0.25 mile of an existing or proposed school (applicability discussed below);• Be located on a site that is included on a list of hazardous materials sites compiledpursuant to Government Code § 65962.5 and, as a result, would create a significanthazard to the public or the environment (addressed as HAZ-3 below);• Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan (applicability discussed below);• Expose people or structures to a significant risk of loss, injury, or death involvingwildland fires, including where wildlands are adjacent to urbanized areas or whereresidences are intermixed with wildlands (addressed as HAZ-5 below).The following significance criteria would not be applicable to the Proposed Project and are not discussed further in the analysis:• Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances, or waste within 0.25 mile of an existing or proposed school; and• Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan. . Impact HAZ-2: Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.The major hazards associated with the operation and transportation of petroleum liquids are the potential release of petroleum products, fires, and explosions. Releases of petroleum products could result in the contamination of soil, surface water, and/or groundwater. Fires occurring as a result of a release from a pipeline can also cause the release of potentially toxic products of incomplete combustion and can also lead to secondary fires of nearby vehicles or structures, orwildfires. A pipeline accident has the potential to cause a significant local impact, including injuries and fatalities to members of the public, property damage, disruption of community activities and traffic patterns, and disruptions to the local energy supply. A more detailed discussion of pipeline safety is included in Appendix B, which provides the applicable regulations, pipeline safety features, a history of pipeline accidents, and a detailed discussion of

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risks to the public. This section summarizes that information. The Pipeline and Hazardous Materials SafetyAdministration (PHMSA) acting through the Office of Pipeline Safety (OPS) administers the national regulatory program to ensure the safe transportation of refined petroleum products and other hazardous materials by pipeline. Many of the regulations are written as performance standards, which set the level of safety to be attained and allow the pipeline operator to use various technologies to achieve safety.

References:

San Timoteo Creek Habitat Enhancement Project prepared by Lilburn Corporation and Submitted by the City of Loma Linda with collaboration from the City of Redlands and the County of San Bernardino. Retrieved from: http://archive.epa.gov/region9/nepa/web/pdf/ea.pdf

California Regional Water Quality Control Board Santa Ana Region Water Discharge Requirements for the US Army Corps Engineers & San Bernardino County Flood Control District San Timoteo Creek Reach 3B Flood Control Project San Bernardino County. Retrieved from http://www.waterboards.ca.gov/santaana/board_decisions/adopted_orders/orders/2001/01_075_wdr_uscoe_sbcfcd_santimoteo_10262001.pdf

Oil Trains and California Schools GIS Database. Prepared by the Center for Biological Diversity. Retrieved from http://www.biologicaldiversity.org/campaigns/oil_trains/california_oil_trains.html

The City of Redlands Hazard Mitigation Plan. Prepared by Fay Glass Emergency Operations Manager. Retrieved from http://www.cityofredlands.org/sites/default/files/pdfs/Emergency%20Management/Redlands%20Final%20HMP%20April%202015.pdf

Calnev Pipeline Expansion Project Draft Environmental Impact Statement/Environmental Impact Reporthttp://www.blm.gov/style/medialib/blm/ca/pdf/Barstow/calnev_pipeline.Par.95926.File.dat/DEIS-EIR%20for%20Calnev%20Pipeline%20Expansion%20Project_FOR%20CD3.pdf