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HomeMy WebLinkAboutExhibitBWorkProgram.pdfRe: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 2 Project Understanding The Project Applicant (Kamm Avenue Pistachio Processing, LLC) is proposing to construct and operate a pistachio processing facility to process nuts from nearby orchards. The proposed project site covers approximately 315 acres (APN 38-030-17S) and is located in unincorporated Fresno County on the south side of West Kamm Avenue four miles east of Interstate 5 and approximately 1.2 miles northwest of the community of Three Rocks. The Applicant proposes to construct, operate and maintain a pistachio processing plant with the capacity to process 60 million pounds of finished pistachio products per year (referred to as the Kamm Avenue Processing Plant). Various technical studies and environmental documents have been or will be prepared for the proposed Project. It is assumed the following will be provided to Crawford & Bowen: •Cultural Resources Report (Table Mountain Rancheria) •Biological Resources Report (QK, Inc.) •Traffic Study (JLB Traffic Engineering) •Air Quality / GHG Study (Dave Mitchell) •Water Supply Analysis and Water Quality Study (Provost & Pritchard) •Noise Assessment (WJV Acoustics) •Soils Study •Previous Draft Mitigated Negative Declaration prepared for the previous (rescinded) project located on this site (Fresno County). Note: This is for background/informational purposes only. Environmental Requirements The project may require an Environmental Impact Report (EIR) in order to comply with the California Environmental Quality Act (CEQA). Based on our preliminary assessment of the site, experience with similar projects, knowledge of the County’s requirements, and the project description provided to us, we have developed the scope of work herein. It is summarized as follows: o Notice of Preparation and Scoping Meeting (if deemed necessary by the County) o Administrative Draft EIR o Draft EIR o Final EIR / Mitigation and Monitoring Program EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 3 o Findings of Fact / Statement of Overriding Considerations / Admin Record Scope of Work Crawford & Bowen Planning, Inc. will provide the services outlined below. However, there are variables that may impact the level of analysis required. For instance, if additional technical studies or additional technical analysis is required beyond what is included in this scope (i.e. because of public/agency comments, etc.), Crawford & Bowen can perform those services under a contract amendment or other mutually agreeable method. Our proposed scope of work is as follows: Task 1 – Project Initiation and Review 1.1– Kick Off Meeting and Review Existing Project Information Crawford & Bowen will meet with County staff and the Project Applicant to further discuss the intent, scope and details of the project. It is anticipated that project information will be provided to Crawford & Bowen at this time. Lines of communication will be established and a schedule developed. Also, as part of this task, the Crawford & Bowen team will obtain and review all available background materials, in order to become fully familiar with the project and key issues. For each of the technical studies that have been, or will be prepared for the Project, Crawford & Bowen will conduct a peer review to determine adequacy for inclusion in the Project CEQA documents. If a technical study is determined to be inadequate or needs further revision/updates, Crawford & Bowen will require that technical study be revised and returned. Additional rounds of review may be necessary depending on the adequacy of the revised technical studies. Crawford & Bowen will prepare a memorandum for each technical study that either confirms its adequacy or outlines any deficiencies. Time to conduct these peer review tasks is incorporated under Task 3 under each individual impact section. Deliverable: Project Kick Off Meeting 1.2 – Project Description and Project Objectives Based on the results of the project initiation meeting and the materials provided by the County and the Project Applicant, as well as Crawford & Bowen’s review of other relevant information, a draft project description will be prepared for the County’s and project applicant’s review and comment. As specified in the State CEQA Guidelines, Section 15124, the EIR will include a detailed project description using text and graphics inclusive of the project’s regional and local setting and the project’s history and land EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 4 uses. The project description will also include the project’s objectives (from the perspectives of both the County and the Project Applicant), characteristics, phasing, and important features. The final project description will be used in preparing the Notice of Preparation. Deliverable: Project Description Task 2 – Public Scoping Process Crawford & Bowen will coordinate and prepare the appropriate documents for the public scoping process, including preparation of a Notice of Preparation of an Environmental Impact Report (NOP). The NOP will be noticed, published and circulated to applicable local and State agencies pursuant to CEQA Guidelines. A Scoping Meeting will be held to solicit input as to the scope and content of the EIR (at the discretion of the County).** 2.1 –Notice of Preparation Crawford & Bowen will prepare a Notice of Preparation (NOP) consistent with the County’s approved format. The NOP will contain all statutory requirements, including the project description developed in Task 1.2 above, project location, a brief overview of potential environmental impacts, project maps, the date, time, and place of the public scoping meeting(s), the address where the documents are available for review, the address where comments may be sent, and the deadline for submitting comments. Crawford & Bowen will be responsible for publication of the NOP in the Fresno Business Journal and one other local newspaper. Crawford & Bowen will also be responsible for sending the NOP to surrounding property owners and other recipients as identified on a mailing list that will be provided by Fresno County. 2.2 – Scoping Meeting Crawford & Bowen will conduct a scoping meeting during the 30-day NOP public review period and will prepare appropriate graphics/visual displays (in PowerPoint format) and/or handouts, as directed by County staff. This may occur either as an in- person meeting or via an on-line digital meeting depending on the circumstances. **Note – It may be necessary to revise the topics and/or content to be analyzed in the EIR based on comments received during the public scoping process. Deliverables: NOP in PDF or CD format EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 5 3 - Hard copies of NOP State Clearinghouse package (submitted online) Newspaper notices Mailings Task 3 – Draft EIR Crawford & Bowen Planning, Inc. will prepare the Draft EIR in accordance with CEQA Guidelines and the 2020 CEQA Appendix G Checklist. Much of the information in the Draft EIR will come from the County’s MND and the technical studies that have already been prepared (and/or updated) for the Project. The Draft EIR will include: Executive Summary. This chapter provides a summary of the content and findings of the EIR, including a table showing the project mitigation measures. As potentially the most referenced portion of an EIR, this Section will be prepared in an easily accessible format with summary tables and figures. Chapter One - Introduction. This chapter sets the stage for the environmental evaluation and introduces the EIR along with its contents, intent and legal foundations. This chapter will also discuss the public review process and will provide context for the roles of the County, Applicant and other agencies. Chapter Two - Project Description. This section describes the key elements of the proposed project in detail. The project description developed under Task 1 will be utilized as the starting point for development of the EIR project description. This will include a presentation of all the proposed components of the project including: o Location o Project Objectives o Project Components o Project Phasing o Environmental Setting o Maps/Graphics This chapter will be prepared in accordance with CEQA Guidelines Section 15124. As required by §15125 of the CEQA Guidelines, the Environmental Setting (existing conditions) portion of the EIR will contain a “description of the environment in the vicinity of the project, as it exists before the commencement of the project, from both the local and regional perspective.” Crawford & Bowen will work with Fresno County to identify the appropriate baseline. EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 6 Chapter Three - Environmental Evaluation – This chapter is based off the CEQA Appendix G Checklist. Each individual topic section will include: o Introductory information o Environmental and regulatory setting o Thresholds o An evaluation of project impacts pertaining to that topic Impact evaluation criteria or thresholds for determining the significance of impacts wi ll be described for each topic. The significance of project-related impacts will then be determined for each topical area. The analysis will focus on issues identified by responsible and trustee agencies, local agencies and other interested parties in response to the NOP. Impacts found to be less than significant will be described. Impacts that cannot be mitigated below the level of significance will be identified, and the extent to which those impacts could be mitigated through project alternatives or changes will be demonstrated. Impacts will be quantified to the extent possible. Mitigation measures will be listed and numbered and cross-referenced to applicable impacts. To the extent feasible, Crawford & Bowen will utilize the information in the County- prepared MND for use in the Project EIR and will supplement the information as necessary. Where there are specific technical studies pertaining to an environmental topic, Crawford & Bowen will utilize the technical information in each study and will present the information in the EIR section within the context of CEQA. The language in each EIR section must be clear, readable, and understandable to the general public, therefore Crawford & Bowen will utilize graphics, tables, summaries and other methods to present a clear and concise document. The issue areas are as follows: o Aesthetics o Agricultural / Forestry Resources o Air Quality o Biological Resources o Cultural Resources o Energy o Geology and Soils o Greenhouse Gas Emissions EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 7 o Hazards and Hazardous Materials o Hydrology and Water Quality o Land Use and Planning o Mineral Resources o Noise o Population and Housing o Public Services o Recreation o Transportation/Traffic o Tribal Resources o Utilities and Service Systems o Wildfire As summary of approach to some of the primary environmental topics is below. Aesthetics/Visual Resources The potential aesthetics-related impacts of the proposed project will be evaluated. Impacts will be assessed in terms of potential buildout of the project, alteration of the visual setting by grading and structures, and sensitivity of viewpoints. Crawford & Bowen will provide photographs from key observation points; however, architectural renderings and project design maps/graphics will be provided by the Applicant if available. Mitigation measures will be recommended to reduce any significant impacts. Mitigation measures will likely be integrated with design standards to address potential glare impacts from construction and operation of future projects. This analysis does not include the use of visual simulations. If determined necessary, these would require an augmentation of the scope and budget. Agriculture / Forestry Resources The project applicant has indicated that the Williamson Act cancellation process will occur for the Project. For purposes of this EIR, Crawford & Bowen will prepare a Land Evaluation Site Assessment to aid in determining project impacts to protected farmland. Appropriate minimization and mitigation measures will be presented, and a determination of significance will be provided. Air Quality The Air Quality technical report prepared by Dave Mitchell will be used as the basis for this section of the EIR. Crawford & Bowen will take the appropriate relevant information and present it in the context of CEQA within this EIR section. Long term EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 8 operational impacts as well as short term construction impacts will be evaluated for potential impacts to regional and local air quality. A list of mitigation measures will be prepared for any impacts found to be significant or potentially significant. The effectiveness of mitigation measures will be assessed and quantified, as feasible, in accordance with the Air District’s thresholds of significance. Biological Resources The project area primarily consists of disturbed/disked land. Because of this, the project site is not considered to be a very biologically diverse area. In addition, the lack of natural land cover greatly reduces the biological complexity. However, the biological resources assessment prepared by QK, Inc. will include the research, reconnaissance level surveys and analysis necessary to make a determination of project impacts to biological resources. Crawford & Bowen will use the information in the technical study to present the data in the context of CEQA in this section of the EIR. Appropriate minimization and mitigation measures will be presented, and a determination of significance will be provided. Cultural Resources The cultural resources assessment prepared by Table Mountain Rancheria will include the research, surveys and analysis necessary to make a determination of project impacts to cultural resources. Crawford & Bowen will use the information in the technical study to present the data in the context of CEQA in this section of the EIR. Appropriate minimization and mitigation measures will be presented, and a determination of significance will be provided. Geology, Soils, and Seismicity The site is relatively flat with little variation in topography. Crawford & Bowen will address impacts related to soils, geologic hazards, and seismic safety. Effects associated with erosion, deposition, displacement, compaction or coverage of soils, alteration of topography, and geologic hazards. The Soils Study being prepared for the Project, as well as any available geotechnical information provided by the Applicant, Safety Elements, and other data will be used. Potential impacts will be assessed and mitigation measures included if necessary. Greenhouse Gases The Greenhouse Gas technical report prepared by Dave Mitchell will be used to complete this section of the EIR. Crawford & Bowen will extract the appropriate technical data from the technical study and present it in the context of CEQA in this EIR section. EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 9 Hazards and Hazardous Materials The historical uses of the site will be documented for periods for which data is available. Pursuant to CEQA, the California Department of Toxic Substances Control (DTSC) maintains a Hazardous Waste and Substances Sites List (Cortese List). As part of the Cortese list, DTSC also tracks “Calsites,” which are mitigation or Brownfield sites that are subject to Annual Workplans and/or are listed as Backlog sites, confirmed release sites that are not currently being worked on by DTSC. As part of the EIR, Crawford & Bowen will review the online Cortese List in order to identify any hazardous sites in the area that may have been listed. Potential impacts will be assessed, and mitigation measures included if necessary. Hazards that may result from the project will also be evaluated. Hydrology and Water Quality Crawford & Bowen will summarize existing hydrological conditions in the project area watershed and groundwater basin using existing published documentation. The Water Supply Analysis and Water Quality Study prepared by Provost & Pritchard will be used to complete this section of the EIR as it pertains to water usage. Potential effects of project development will be described. The State Water Resources Control Board and the Regional Water Quality Control Board, Central Valley Region, have established water quality standards required by Section 303 of the Clean Water Act and the Porter- Cologne Water Quality Control Act. The hydrology and water quality analysis will address the project’s compliance with the State’s construction stormwater regulations. Compliance with the requirements of the National Pollutant Discharge Elimination System will also be addressed. Noise The Noise Study technical report prepared by WJV Acoustics will be used to complete this section of the EIR. Crawford & Bowen will extract the appropriate technical data from the technical study and present it in the context of CEQA in this EIR section. Public Services Crawford & Bowen will use the most recent data available to discuss existing public services including police and fire protection, and schools. These agencies will be contacted to identify project service implications and any environmental impacts that could result from the need of additional facilities. Although the project could generate additional demand for services, these additional needs do not necessarily constitute an environmental impact. The analysis will consider whether new public facilities required by the project would cause secondary environmental impacts resulting from the project. A description of potential impacts to existing conditions and services resulting from project buildout will be prepared. Mitigation measures will be included, if necessary. EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 10 Transportation, Traffic, and Circulation The Traffic Impact Study prepared by JLB Traffic Engineering will be used to complete this section of the EIR. Crawford & Bowen will extract the appropriate technical data from the technical study and present it in the context of CEQA in this EIR section. Tribal Resources Fresno County will be required to comply with AB 52. It is assumed that the County will conduct this assessment as well as tribal consultation. The results of this process will be included in this EIR section. Utilities and Service Systems This section of the EIR will address potential effects related to the availability and capacity of utilities and services. Some information from the Water Supply Analysis will be used for this section of the EIR. Utilities and services that will be addressed include sewer service, water service, and solid waste collection and disposal. This section will discuss whether any of these services or facilities is below adopted standards, or near or beyond their capacity to adequately serve the proposed project. Where significant impacts are identified, mitigation measures will be proposed. Chapter Four - Alternatives Analysis Analysis of a reasonable range of alternatives to the proposed project will be conducted according to section 15126(f) of the CEQA Guidelines. A “No Project” alternative will be discussed per requirements of the CEQA Guidelines. Section 15126(f) limits the alternatives analysis to alternatives that will avoid or substantially lessen any of the significant effects of the Preferred Alternative. In addition to the No Project alternative, Crawford & Bowen proposes to evaluate two alternatives to the proposed project that will meet these criteria. These alternatives will be developed in close consultation with County staff and the Applicant. They may include a reduced project alternative, alternate site, or other. Crawford & Bowen will develop reasonably detailed analyses of impacts associated with these alternatives, by topic, in comparison with the proposed project. As required by Section 15126(f), the ADEIR will identify the environmentally superior alternative and, if that is the “No Project” alternative, the environmentally superior alternative among the remaining alternatives. Chapter Five - Cumulative Impacts This section discusses impacts that result when combined with impacts of other projects that may contribute to the magnitude of the particular impact. Crawford & Bowen will discuss the incremental contribution of the project to cumulative effects of other past, EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 11 current, and planned or reasonably foreseeable projects in the vicinity. Crawford & Bowen will work with Fresno County planning staff, as well as other local agencies to compile an updated list of cumulative projects. This may include both the Project List and/or the Summary of Projections methods. Chapter Six – Other CEQA Requirements Crawford & Bowen will prepare the remaining CEQA-mandated sections (growth inducing impacts, impacts that cannot be avoided, and mitigation monitoring program). Chapter Seven - Persons and Agencies Consulted This chapter includes a list of persons and agencies that were consulted to obtain information used in preparation of the EIR. Administrative Draft, Screencheck Version, and Public Review Draft EIR Crawford & Bowen will submit an Administrative Draft EIR (ADEIR) to the County for review. However, prior to submittal of the ADEIR, the ADEIR will be provided to the Project Applicant for review (in Word format to allow for tracked changes). Following Applicant review, Crawford & Bowen will submit the original ADEIR showing Applicant comments on the ADEIR (in tracked changes) to the County. Applicant comments will not be incorporated into the ADEIR until/unless the County approves of any changes the Applicant has suggested. Upon receipt of comments from the County, Crawford & Bowen will make necessary revisions and prepare the Screencheck Draft EIR for submittal to the County. This scope of work assumes a maximum of one review cycle with compiled comments from County staff on the Administrative Draft EIR. This scope of work assumes that this task will not require more than 30 hours of staff time. The following is a summary of the ADEIR review process: 1. ADEIR provided to Applicant for review. 2. ADEIR with Applicant comments provided to the County for review. 3. Crawford & Bowen implement changes/updates to the ADEIR as requested by the County. 4. Screencheck of the DEIR (with implemented changes) provided to the County. The Applicant will also be provided with the Screencheck version. Any changes made during the Screencheck review by the Applicant will be routed to the County for approval. Notices Crawford & Bowen will prepare the Notice of Availability, the Notice of Completion (State Clearinghouse) and the State Clearinghouse Summary Form. EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 12 Deliverables: 1 – Electronic Copy of the Administrative Draft EIR 1 – Electronic Copy “Screen check” Administrative Draft EIR 6 – Hard copies of the Draft EIR 1 – Camera-ready Draft EIR and electronic versions State Clearinghouse Package (submitted online) Other CDs/electronic copies as needed Notices Newspaper publication (same newspapers as NOP) Task 4 – Final EIR Pursuant to Section 15088 of the CEQA Guidelines, the Final Environmental Impact Report (FEIR) must respond in writing to each oral and written comment on the Draft EIR made by individuals, agencies, and organizations that review it. Additional research and analysis will be undertaken by Crawford & Bowen as necessary to effectively respond to comments. Comments regarding the sections or technical reports prepared by subconsultants will be routed to them for review and comment, with Crawford & Bowen responsible for final review for consistency and compilation of th e final responses. The FEIR will incorporate written comments received and response to comments. Along with the comments and responses, a list will be compiled of all persons, organizations, and agencies commenting on the Draft EIR. The FEIR will include revisions to the Draft EIR text and summary table, as necessitated by comments. Comments, responses to comments, and the list of all persons, organizations, and agencies commenting on the Draft EIR will be included. Also included are errata and other information, which when combined with the Draft EIR, will constitute a FEIR. A cost estimate range is provided herein which we believe will be adequate for the task. If the level of response exceeds the assumed number of hours in the cost estimate, Crawford & Bowen will respond to those comments that are above and beyond the threshold on a time-and-materials basis, or another mutually agreeable formula. Crawford & Bowen proposes to review all comments and then provide the County with an estimate to complete the FEIR. The cost estimate assumes no more than 60 hours will be required for responses to comments. The Final EIR will contain an errata section (if necessary) and a mitigation monitoring and reporting program. EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 13 Crawford & Bowen will submit an Administrative Final Draft EIR (ADFEIR) to the County for review. However, prior to submittal of the ADFEIR, the ADFEIR will be provided to the Project Applicant for review. Following Applicant review, Crawford & Bowen will submit the original ADFEIR and Applicant comments on the ADFEIR to the County. Applicant comments will not be incorporated into the ADFEIR until/unless the County approves of any changes the Applicant has suggested. Upon receipt of comments from the County, Crawford & Bowen will make necessary revisions and prepare the Screencheck Draft Final EIR for submittal to the County. The following is a summary of the ADFEIR review process: 1. ADFEIR provided to Applicant for review. 2. ADFEIR with Applicant comments provided to the County for review. 3. Crawford & Bowen implement changes/updates to the ADFEIR as requested by the County. 4. Screencheck of the FEIR (with implemented changes) provided to the County. The Applicant will also be provided with the Screencheck version. Any changes made during the Screencheck review by the Applicant will be routed to the County for approval. Deliverables: 1 – Electronic Copy of the Administrative Final EIR 6 – Hard copies of the Final EIR 1 – Camera-ready Final EIR and electronic versions Other CDs/electronic copies as needed Task 5 – Findings of Fact / Statement of Overriding Considerations / Admin Record Crawford & Bowen will prepare findings for each significant effect identified in the FEIR. A Statement of Overriding Considerations will be prepared for significant and unavoidable impacts of the project. Draft copies of these documents will be provided to the County for review and comment. Crawford & Bowen will finalize the documents as requested by the County. Crawford & Bowen will maintain an administrative record, including all correspondence during the project. The entire administrative record will be turned over to the County in electronic format. Deliverables: EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 14 1 – Electronic Copy of the Findings of Fact / SOC 1 – Electronic Copy of the Administrative Record Meetings and Hearings The project will require attendance at public meetings such as a kick-off meeting, the scoping meeting, public hearing(s) on the Draft EIR, and adoption hearing(s). It is assumed that up to six (6) meetings may be required. Crawford & Bowen will be available to attend and present the EIR conclusions as described herein (as applicable). Monthly status meetings either in person or via telephone conference calls are anticipated through the duration of the project. This task also consists of those management activities that ensure Crawford & Bowen’s ability to keep the project running smoothly, on time, and within budget. As the liaison between the Crawford & Bowen team and the County’s staff, our project manager will ensure information is distributed appropriately, comments regarding project-related issues are communicated effectively and efficiently, and financial performance is tracked regularly (i.e., invoices). Time has been included for meetings in Tasks 1, 2, 3 and 4. EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 15 SCHEDULE The schedule below is conceptual in nature. There are many variables outside of our control that could impact the schedule, however a general schedule is provided. Task Description Week of Completion 1. Project Initiation / Review / Description 2 2. Public Scoping Process (NOP) 30 day public review 4 5-9 3. Admin Draft EIR County review of Draft EIR 45-day public review 10 TBD TBD 4. Final EIR TBD 5. Findings / SOC / Admin Record TBD COSTS We propose to conduct the tasks outlined above on a fixed fee basis. Invoices will be sent as applicable based on milestones completed. If tasks are requested outside of those identified in this proposal, they can be performed under a separate scope and fee. A complete breakdown of costs is included on the last page of this scope. Please also note that the County/Applicant will be required to pay a CA Fish & Wildlife CEQA filing fee to the County Clerk after the EIR is certified. Task Description Fee 1. Project Initiation / Review / Description $1,750 2. Public Scoping Process (NOP) $3,525 3. Admin Draft EIR / Draft EIR $31,650 4. Final EIR $8,250 5. Findings / SOC / Admin Record $4,625 TOTAL $49,800 EXHIBIT B Re: Fresno County – Pistachio Processing EIR July 16, 2020 Page | 16 Cost Breakdown Below is the breakdown of hours and direct costs associated with this scope of work. EXHIBIT B