2021-08-05 Tsai - SRCCP: (626) 381-9248
F: (626) 389-5414
E: info@mitchtsailaw.com
Mitchell M. Tsai
Attorney At Law
155 South El Molino Avenue
Suite 104
Pasadena, California 91101
VIA E-MAIL
August 5, 2021
Nicole Sauviat Criste
Consulting Planner
City of La Quinta
78495 Calle Tampico La Quinta, CA 92253
Em: consultingplanner@laquintaca.gov
RE: Coral Mountain Resort (SCH #2021020310) – Comments on Draft
Environmental Impact Report
Dear Nucole Sauviat Criste,
On behalf of the Southwest Regional Council of Carpenters (“Commenters” or
“Southwest Carpenters”), my Office is submitting these comments on the City of
La Quinta’s (“City” or “Lead Agency”) Draft Environmental Impact Report
(“DEIR”) (SCH No. 2021020310) for the proposed Coral Mountain Resort Project
(“Project”).
The City proposes to adopt the Project, carving out 386 acres of a 929-acre area of
the City, to promote future development of the Coral Mountain Resort. The Project
would allow for the development of 600 residential units, a 150-room resort hotel
plus complementary uses and amenities, a recreational surf facility, 57,000 square feet
of commercial development, 60,000 square feet of neighborhood commercial uses,
and 23.6 acres of recreational uses. As part of the Project, the City would initiate a
general plan amendment and zoning change to designate the Project area for “Tourist
Commercial” uses; a specific plan amendment to exclude the Project area from a
previous specific plan; the adoption of the Project’s specific plan; the adoption of a
tentative tract map; site development permits; and the adoption of a development
agreement with the Project applicant.
The Southwest Carpenters is a labor union representing more than 50,000 union
carpenters in six states and has a strong interest in well ordered land use planning and
addressing the environmental impacts of development projects.
City of La Quinta – Coral Mountain Resort DEIR
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Individual members of the Southwest Carpenters live, work, and recreate in the City
and surrounding communities and would be directly affected by the Project’s
environmental impacts.
Commenters expressly reserve the right to supplement these comments at or prior to
hearings on the Project, and at any later hearings and proceedings related to this
Project. Cal. Gov. Code § 65009(b); Cal. Pub. Res. Code § 21177(a); Bakersfield Citizens
for Local Control v. Bakersfield (2004) 124 Cal. App. 4th 1184, 1199-1203; see Galante
Vineyards v. Monterey Water Dist. (1997) 60 Cal. App. 4th 1109, 1121.
Commenters incorporate by reference all comments raising issues regarding the EIR
submitted prior to certification of the EIR for the Project. Citizens for Clean Energy v
City of Woodland (2014) 225 Cal. App. 4th 173, 191 (finding that any party who has
objected to the Project’s environmental documentation may assert any issue timely
raised by other parties).
Moreover, Commenters request that the Lead Agency provide notice for any and all
notices referring or related to the Project issued under the California Environmental
Quality Act (“CEQA”), Cal Public Resources Code (“PRC”) § 21000 et seq, and the
California Planning and Zoning Law (“Planning and Zoning Law”), Cal. Gov’t
Code §§ 65000–65010. California Public Resources Code Sections 21092.2, and
21167(f) and Government Code Section 65092 require agencies to mail such notices
to any person who has filed a written request for them with the clerk of the agency’s
governing body.
The City should require the Applicant provide additional community benefits such as
requiring local hire and use of a skilled and trained workforce to build the Project.
The City should require the use of workers who have graduated from a Joint Labor
Management apprenticeship training program approved by the State of California, or
have at least as many hours of on-the-job experience in the applicable craft which
would be required to graduate from such a state approved apprenticeship training
program or who are registered apprentices in an apprenticeship training program
approved by the State of California.
Community benefits such as local hire and skilled and trained workforce requirements
can also be helpful to reduce environmental impacts and improve the positive
economic impact of the Project. Local hire provisions requiring that a certain
percentage of workers reside within 10 miles or less of the Project Site can reduce the
City of La Quinta – Coral Mountain Resort DEIR
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length of vendor trips, reduce greenhouse gas emissions and providing localized
economic benefits. Local hire provisions requiring that a certain percentage of
workers reside within 10 miles or less of the Project Site can reduce the length of
vendor trips, reduce greenhouse gas emissions and providing localized economic
benefits. As environmental consultants Matt Hagemann and Paul E. Rosenfeld note:
[A]ny local hire requirement that results in a decreased worker trip length
from the default value has the potential to result in a reduction of
construction-related GHG emissions, though the significance of the
reduction would vary based on the location and urbanization level of the
project site.
March 8, 2021 SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and
Considerations for Greenhouse Gas Modeling.
Skilled and trained workforce requirements promote the development of skilled trades
that yield sustainable economic development. As the California Workforce
Development Board and the UC Berkeley Center for Labor Research and Education
concluded:
. . . labor should be considered an investment rather than a cost – and
investments in growing, diversifying, and upskilling California’s workforce
can positively affect returns on climate mitigation efforts. In other words,
well trained workers are key to delivering emissions reductions and
moving California closer to its climate targets.1
Recently, on May 7, 2021, the South Coast Air Quality Management District found that
that the “[u]se of a local state-certified apprenticeship program or a skilled and trained
workforce with a local hire component” can result in air pollutant reductions.2
Cities are increasingly adopting local skilled and trained workforce policies and
requirements into general plans and municipal codes. For example, the City of
Hayward 2040 General Plan requires the City to “promote local hiring . . . to help
1 California Workforce Development Board (2020) Putting California on the High Road: A Jobs and Climate Action
Plan for 2030 at p. ii, available at https://laborcenter.berkeley.edu/wp-content/uploads/2020/09/Putting-California-on-
the-High-Road.pdf
2 South Coast Air Quality Management District (May 7, 2021) Certify Final Environmental Assessment and Adopt
Proposed Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions
Program, and Proposed Rule 316 – Fees for Rule 2305, Submit Rule 2305 for Inclusion Into the SIP, and Approve
Supporting Budget Actions, available at http://www.aqmd.gov/docs/default-source/Agendas/Governing-
Board/2021/2021-May7-027.pdf?sfvrsn=10
City of La Quinta – Coral Mountain Resort DEIR
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achieve a more positive jobs-housing balance, and reduce regional commuting, gas
consumption, and greenhouse gas emissions.”3
In fact, the City of Hayward has gone as far as to adopt a Skilled Labor Force policy
into its Downtown Specific Plan and municipal code, requiring developments in its
Downtown area to requiring that the City “[c]ontribute to the stabilization of regional
construction markets by spurring applicants of housing and nonresidential
developments to require contractors to utilize apprentices from state-approved, joint
labor-management training programs, . . .”4 In addition, the City of Hayward requires
all projects 30,000 square feet or larger to “utilize apprentices from state-approved,
joint labor-management training programs.”5
Locating jobs closer to residential areas can have significant environmental benefits.
As the California Planning Roundtable noted in 2008:
People who live and work in the same jurisdiction would be more likely
to take transit, walk, or bicycle to work than residents of less balanced
communities and their vehicle trips would be shorter. Benefits would
include potential reductions in both vehicle miles traveled and vehicle
hours traveled.6
In addition, local hire mandates as well as skill training are critical facets of a strategy
to reduce vehicle miles traveled. As planning experts Robert Cervero and Michael
Duncan noted, simply placing jobs near housing stock is insufficient to achieve VMT
reductions since the skill requirements of available local jobs must be matched to
those held by local residents.7 Some municipalities have tied local hire and skilled and
trained workforce policies to local development permits to address transportation
issues. As Cervero and Duncan note:
In nearly built-out Berkeley, CA, the approach to balancing jobs and
housing is to create local jobs rather than to develop new housing.” The
3 City of Hayward (2014) Hayward 2040 General Plan Policy Document at p. 3-99, available at https://www.hayward-
ca.gov/sites/default/files/documents/General_Plan_FINAL.pdf.
4 City of Hayward (2019) Hayward Downtown Specific Plan at p. 5-24, available at https://www.hayward-
ca.gov/sites/default/files/Hayward%20Downtown%
20Specific%20Plan.pdf.
5 City of Hayward Municipal Code, Chapter 10, § 28.5.3.020(C).
6 California Planning Roundtable (2008) Deconstructing Jobs-Housing Balance at p. 6, available at
https://cproundtable.org/static/media/uploads/publications/cpr-jobs-housing.pdf
7 Cervero, Robert and Duncan, Michael (2006) Which Reduces Vehicle Travel More: Jobs-Housing Balance or Retail-
Housing Mixing? Journal of the American Planning Association 72 (4), 475-490, 482, available at
http://reconnectingamerica.org/assets/Uploads/UTCT-825.pdf.
City of La Quinta – Coral Mountain Resort DEIR
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city’s First Source program encourages businesses to hire local residents,
especially for entry- and intermediate-level jobs, and sponsors vocational
training to ensure residents are employment-ready. While the program is
voluntary, some 300 businesses have used it to date, placing more than
3,000 city residents in local jobs since it was launched in 1986. When
needed, these carrots are matched by sticks, since the city is not shy about
negotiating corporate participation in First Source as a condition of
approval for development permits.
The City should consider utilizing skilled and trained workforce policies and
requirements to benefit the local area economically and mitigate greenhouse gas, air
quality and transportation impacts.
The City should also require the Project to be built to standards exceeding the current
2019 California Green Building Code to mitigate the Project’s environmental impacts
and to advance progress towards the State of California’s environmental goals.
I. THE PROJECT WOULD BE APPROVED IN VIOLATION OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
A. Background Concerning the California Environmental Quality Act
CEQA has two basic purposes. First, CEQA is designed to inform decision makers
and the public about the potential, significant environmental effects of a project. 14
California Code of Regulations (“CCR” or “CEQA Guidelines”) § 15002(a)(1).8 “Its
purpose is to inform the public and its responsible officials of the environmental
consequences of their decisions before they are made. Thus, the EIR ‘protects not only
the environment but also informed self-government.’ [Citation.]” Citizens of Goleta
Valley v. Board of Supervisors (1990) 52 Cal. 3d 553, 564. The EIR has been described as
“an environmental ‘alarm bell’ whose purpose it is to alert the public and its
responsible officials to environmental changes before they have reached ecological
points of no return.” Berkeley Keep Jets Over the Bay v. Bd. of Port Comm’rs. (2001) 91 Cal.
App. 4th 1344, 1354 (“Berkeley Jets”); County of Inyo v. Yorty (1973) 32 Cal. App. 3d 795,
810.
8 The CEQA Guidelines, codified in Title 14 of the California Code of Regulations, section 150000 et seq, are regulatory
guidelines promulgated by the state Natural Resources Agency for the implementation of CEQA. (Cal. Pub. Res. Code §
21083.) The CEQA Guidelines are given “great weight in interpreting CEQA except when . . . clearly unauthorized or
erroneous.” Center for Biological Diversity v. Department of Fish & Wildlife (2015) 62 Cal. 4th 204, 217.
City of La Quinta – Coral Mountain Resort DEIR
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Second, CEQA directs public agencies to avoid or reduce environmental damage
when possible by requiring alternatives or mitigation measures. CEQA Guidelines §
15002(a)(2) and (3). See also, Berkeley Jets, 91 Cal. App. 4th 1344, 1354; Citizens of Goleta
Valley v. Board of Supervisors (1990) 52 Cal.3d 553; Laurel Heights Improvement Ass’n v.
Regents of the University of California (1988) 47 Cal.3d 376, 400. The EIR serves to
provide public agencies and the public in general with information about the effect
that a proposed project is likely to have on the environment and to “identify ways that
environmental damage can be avoided or significantly reduced.” CEQA Guidelines §
15002(a)(2). If the project has a significant effect on the environment, the agency may
approve the project only upon finding that it has “eliminated or substantially lessened
all significant effects on the environment where feasible” and that any unavoidable
significant effects on the environment are “acceptable due to overriding concerns”
specified in CEQA section 21081. CEQA Guidelines § 15092(b)(2)(A–B).
While the courts review an EIR using an “abuse of discretion” standard, “the
reviewing court is not to ‘uncritically rely on every study or analysis presented by a
project proponent in support of its position.’ A ‘clearly inadequate or unsupported
study is entitled to no judicial deference.’” Berkeley Jets, 91 Cal.App.4th 1344, 1355
(emphasis added) (quoting Laurel Heights, 47 Cal.3d at 391, 409 fn. 12). Drawing this
line and determining whether the EIR complies with CEQA’s information disclosure
requirements presents a question of law subject to independent review by the courts.
Sierra Club v. Cnty. of Fresno (2018) 6 Cal. 5th 502, 515; Madera Oversight Coalition, Inc. v.
County of Madera (2011) 199 Cal.App.4th 48, 102, 131. As the court stated in Berkeley
Jets, 91 Cal. App. 4th at 1355:
A prejudicial abuse of discretion occurs “if the failure to include relevant
information precludes informed decision-making and informed public
participation, thereby thwarting the statutory goals of the EIR process.
The preparation and circulation of an EIR is more than a set of technical hurdles for
agencies and developers to overcome. The EIR’s function is to ensure that
government officials who decide to build or approve a project do so with a full
understanding of the environmental consequences and, equally important, that the
public is assured those consequences have been considered. For the EIR to serve
these goals it must present information so that the foreseeable impacts of pursuing
the project can be understood and weighed, and the public must be given an adequate
opportunity to comment on that presentation before the decision to go forward is
City of La Quinta – Coral Mountain Resort DEIR
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made. Communities for a Better Environment v. Richmond (2010) 184 Cal. App. 4th 70, 80
(quoting Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007)
40 Cal.4th 412, 449–450).
B. CEQA Requires Revision and Recirculation of an Environmental Impact
Report When Substantial Changes or New Information Comes to Light
Section 21092.1 of the California Public Resources Code requires that “[w]hen
significant new information is added to an environmental impact report after notice
has been given pursuant to Section 21092 … but prior to certification, the public
agency shall give notice again pursuant to Section 21092, and consult again pursuant
to Sections 21104 and 21153 before certifying the environmental impact report” in
order to give the public a chance to review and comment upon the information.
CEQA Guidelines § 15088.5.
Significant new information includes “changes in the project or environmental
setting as well as additional data or other information” that “deprives the public of a
meaningful opportunity to comment upon a substantial adverse environmental effect
of the project or a feasible way to mitigate or avoid such an effect (including a
feasible project alternative).” CEQA Guidelines § 15088.5(a). Examples of significant
new information requiring recirculation include “new significant environmental
impacts from the project or from a new mitigation measure,” “substantial increase in
the severity of an environmental impact,” “feasible project alternative or mitigation
measure considerably different from others previously analyzed” as well as when “the
draft EIR was so fundamentally and basically inadequate and conclusory in nature
that meaningful public review and comment were precluded.” Id.
An agency has an obligation to recirculate an environmental impact report for public
notice and comment due to “significant new information” regardless of whether the
agency opts to include it in a project’s environmental impact report. Cadiz Land Co. v.
Rail Cycle (2000) 83 Cal.App.4th 74, 95 [finding that in light of a new expert report
disclosing potentially significant impacts to groundwater supply “the EIR should have
been revised and recirculated for purposes of informing the public and governmental
agencies of the volume of groundwater at risk and to allow the public and
governmental agencies to respond to such information.”]. If significant new
information was brought to the attention of an agency prior to certification, an agency
is required to revise and recirculate that information as part of the environmental
impact report.
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C. Due to the COVID-19 Crisis, the City Must Adopt a Mandatory Finding
of Significance that the Project May Cause a Substantial Adverse Effect
on Human Beings and Mitigate COVID-19 Impacts
CEQA requires that an agency make a finding of significance when a Project may
cause a significant adverse effect on human beings. PRC § 21083(b)(3); CEQA
Guidelines § 15065(a)(4).
Public health risks related to construction work requires a mandatory finding of
significance under CEQA. Construction work has been defined as a Lower to High-
risk activity for COVID-19 spread by the Occupations Safety and Health
Administration. Recently, several construction sites have been identified as sources of
community spread of COVID-19.9
SWRCC recommends that the Lead Agency adopt additional CEQA mitigation
measures to mitigate public health risks from the Project’s construction activities.
SWRCC requests that the Lead Agency require safe on-site construction work
practices as well as training and certification for any construction workers on the
Project Site.
In particular, based upon SWRCC’s experience with safe construction site work
practices, SWRCC recommends that the Lead Agency require that while construction
activities are being conducted at the Project Site:
Construction Site Design:
• The Project Site will be limited to two controlled entry
points.
• Entry points will have temperature screening technicians
taking temperature readings when the entry point is open.
• The Temperature Screening Site Plan shows details
regarding access to the Project Site and Project Site logistics
for conducting temperature screening.
• A 48-hour advance notice will be provided to all trades prior
to the first day of temperature screening.
9 Santa Clara County Public Health (June 12, 2020) COVID-19 CASES AT CONSTRUCTION SITES HIGHLIGHT
NEED FOR CONTINUED VIGILANCE IN SECTORS THAT HAVE REOPENED, available at
https://www.sccgov.org/sites/covid19/Pages/press-release-06-12-2020-cases-at-construction-sites.aspx.
City of La Quinta – Coral Mountain Resort DEIR
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• The perimeter fence directly adjacent to the entry points will
be clearly marked indicating the appropriate 6-foot social
distancing position for when you approach the screening
area. Please reference the Apex temperature screening site
map for additional details.
• There will be clear signage posted at the project site directing
you through temperature screening.
• Provide hand washing stations throughout the construction
site.
Testing Procedures:
• The temperature screening being used are non-contact
devices.
• Temperature readings will not be recorded.
• Personnel will be screened upon entering the testing center
and should only take 1-2 seconds per individual.
• Hard hats, head coverings, sweat, dirt, sunscreen or any
other cosmetics must be removed on the forehead before
temperature screening.
• Anyone who refuses to submit to a temperature screening or
does not answer the health screening questions will be
refused access to the Project Site.
• Screening will be performed at both entrances from 5:30 am
to 7:30 am.; main gate [ZONE 1] and personnel gate
[ZONE 2]
• After 7:30 am only the main gate entrance [ZONE 1] will
continue to be used for temperature testing for anybody
gaining entry to the project site such as returning personnel,
deliveries, and visitors.
• If the digital thermometer displays a temperature reading
above 100.0 degrees Fahrenheit, a second reading will be
taken to verify an accurate reading.
• If the second reading confirms an elevated temperature,
DHS will instruct the individual that he/she will not be
City of La Quinta – Coral Mountain Resort DEIR
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allowed to enter the Project Site. DHS will also instruct the
individual to promptly notify his/her supervisor and his/her
human resources (HR) representative and provide them with
a copy of Annex A.
Planning
• Require the development of an Infectious Disease Preparedness
and Response Plan that will include basic infection prevention
measures (requiring the use of personal protection equipment),
policies and procedures for prompt identification and isolation of
sick individuals, social distancing (prohibiting gatherings of no
more than 10 people including all-hands meetings and all-hands
lunches) communication and training and workplace controls that
meet standards that may be promulgated by the Center for
Disease Control, Occupational Safety and Health Administration,
Cal/OSHA, California Department of Public Health or applicable
local public health agencies.10
The United Brotherhood of Carpenters and Carpenters International Training Fund
has developed COVID-19 Training and Certification to ensure that Carpenter union
members and apprentices conduct safe work practices. The Agency should require
that all construction workers undergo COVID-19 Training and Certification before
being allowed to conduct construction activities at the Project Site.
D. The DEIR’s Project Objectives are Unduly Narrow and Circumscribe
Appropriate Project Alternatives
A project description must state the objectives sought by the proposed project. The
statement of objectives should include the underlying purpose of the project, and it
should be clearly written to guide the selection of mitigation measures and alternatives
to be evaluated in the EIR. (CEQA Guidelines § 15124(b).) An EIR's description of
the underlying purpose of the project is the touchstone for its identification of
specific project objectives, and the statement of project objectives can help to define
10 See also The Center for Construction Research and Training, North America’s Building Trades Unions (April 27 2020)
NABTU and CPWR COVIC-19 Standards for U.S Constructions Sites, available at https://www.cpwr.com/sites/
default/files/NABTU_CPWR_Standards_COVID-19.pdf; Los Angeles County Department of Public Works (2020)
Guidelines for Construction Sites During COVID-19 Pandemic, available at https://dpw.lacounty.gov/building-and-
safety/docs/pw_guidelines-construction-sites.pdf.
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the contours of the project's purpose. (Center for Biological Diversity v. County of San
Bernardino (2016) 247 Cal. App. 4th 326, 347.)
While a lead agency has discretion to formulate the project objectives, they cannot be
so narrowly defined that they preclude discussion of project alternatives that could
still achieve the underlying purpose of the project. (North Coast Rivers Alliance v.
Kawamura (2015) 243 Cal. App. 4th 647, 668.) This is so because project alternatives
that do not achieve the project’s underlying purpose need not be considered. (In re
Bay-Delta Programmatic Envt'l Impact Report Coordinated Proceedings (2008) 43 Cal. 4th
1143, 1166.) And the statement of objectives should be based upon the underlying
purpose of the project—not the nature of the project itself. (Habitat & Watershed
Caretakers v. City of Santa Cruz (2013) 213 Cal. App. 4th 1277, 1299.)
Here, the DEIR inappropriately narrows the objectives of the project based upon the
nature of the project, and not on any underlying purpose. The Project’s objectives
include the “[development of] a high-quality private wave basin (The Wave) that
provides unique recreational opportunities for future residents of the project, and that
attracts resort guests and creates a landmark facility that will enhance the City’s
reputation as the ‘Gem of the Desert.’” (DEIR, 3-8.) If this remains a project
objective, the DEIR need not consider project alternatives that do not provide “high-
quality private wave basins.” Certainly, there is no specific requirement that the
tourism or residential housing needs of the City or region demand a surf simulation
facility. The Objective should be reformulated so that a meaningful analysis of project
alternatives can be considered.
E. The DEIR Fails to Support Its Findings with Substantial Evidence
When new information is brought to light showing that an impact previously
discussed in the DEIR but found to be insignificant with or without mitigation in the
DEIR’s analysis has the potential for a significant environmental impact supported by
substantial evidence, the EIR must consider and resolve the conflict in the evidence.
See Visalia Retail, L.P. v. City of Visalia (2018) 20 Cal. App. 5th 1, 13, 17; see also Protect
the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal. App. 4th 1099,
1109. While a lead agency has discretion to formulate standards for determining
significance and the need for mitigation measures—the choice of any standards or
thresholds of significance must be “based to the extent possible on scientific and
factual data and an exercise of reasoned judgment based on substantial evidence.
CEQA Guidelines § 15064(b); Cleveland Nat'l Forest Found. v. San Diego Ass'n of Gov'ts
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(2017) 3 Cal. App. 5th 497, 515; Mission Bay Alliance v. Office of Community Inv. &
Infrastructure (2016) 6 Cal. App. 5th 160, 206. And when there is evidence that an
impact could be significant, an EIR cannot adopt a contrary finding without providing
an adequate explanation along with supporting evidence. East Sacramento Partnership for
a Livable City v. City of Sacramento (2016) 5 Cal. App. 5th 281, 302.
In addition, a determination that regulatory compliance will be sufficient to prevent
significant adverse impacts must be based on a project-specific analysis of potential
impacts and the effect of regulatory compliance. Californians for Alternatives to Toxics v.
Department of Food & Agric. (2005) 136 Cal. App. 4th 1; see also Ebbetts Pass Forest Watch
v Department of Forestry & Fire Protection (2008) 43 Cal. App. 4th 936, 956 (fact that
Department of Pesticide Regulation had assessed environmental effects of certain
herbicides in general did not excuse failure to assess effects of their use for specific
timber harvesting project).
1. The DEIR Fails to Support its Findings on Greenhouse Gas and Air
Quality Impacts with Substantial Evidence.
CEQA Guidelines § 15064.4 allow a lead agency to determine the significance of a
project’s GHG impact via a qualitative analysis (e.g., extent to which a project
complies with regulations or requirements of state/regional/local GHG plans),
and/or a quantitative analysis (e.g., using model or methodology to estimate project
emissions and compare it to a numeric threshold). So too, CEQA Guidelines allow
lead agencies to select what model or methodology to estimate GHG emissions so
long as the selection is supported with substantial evidence, and the lead agency
“should explain the limitations of the particular model or methodology selected for
use.” CEQA Guidelines § 15064.4(c).
CEQA Guidelines sections 15064.4(b)(3) and 15183.5(b) allow a lead agency to
consider a project’s consistency with regulations or requirements adopted to
implement a statewide, regional, or local plan for the reduction or mitigation of GHG
emissions.
CEQA Guidelines §§ 15064.4(b)(3) and 15183.5(b)(1) make clear qualified GHG
reduction plans or CAPs should include the following features:
(1) Inventory: Quantify GHG emissions, both existing and
projected over a specified time period, resulting from activities (e.g.,
City of La Quinta – Coral Mountain Resort DEIR
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projects) within a defined geographic area (e.g., lead agency
jurisdiction);
(2) Establish GHG Reduction Goal: Establish a level, based
on substantial evidence, below which the contribution to GHG
emissions from activities covered by the plan would not be
cumulatively considerable;
(3) Analyze Project Types: Identify and analyze the GHG
emissions resulting from specific actions or categories of actions
anticipated within the geographic area;
(4) Craft Performance Based Mitigation Measures: Specify
measures or a group of measures, including performance standards,
that substantial evidence demonstrates, if implemented on a project-
by-project basis, would collectively achieve the specified emissions
level;
(5) Monitoring: Establish a mechanism to monitor the CAP
progress toward achieving said level and to require amendment if
the plan is not achieving specified levels;
Collectively, the above-listed CAP features tie qualitative measures to quantitative
results, which in turn become binding via proper monitoring and enforcement by the
jurisdiction—all resulting in real GHG reductions for the jurisdiction as a whole, and
the substantial evidence that the incremental contribution of an individual project is
not cumulatively considerable.
Here, the DEIR’s analysis of GHG impacts is unsupported by substantial evidence, as
it relies on outdated modeling. The DEIR’s analysis of air quality and GHG impacts
throughout the DEIR relies on data created using CalEEMod version 2016.3.2. (See,
e.g., DEIR, 4.1-13). A newer version of this software (currently CalEEMod version
2020.4.0) became available prior to the release of the DEIR. The DEIR provides no
discussion or justification for use of the outdated 2016 version of the software. The
use of outdated modeling software may result in underestimation of the Project’s
GHG emissions, calling the DEIR’s conclusions into question.
City of La Quinta – Coral Mountain Resort DEIR
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The DEIR’s reliance on inaccurate modeling also affects its analysis of air quality
impacts and energy impacts. The DEIR potentially vastly undercounts the Project’s air
pollutant emissions.
Moreover, in its discussion of the GHG impact Significance Threshold chosen for its
GHG analysis, the DEIR chooses to use a target of 3.65 MTCO2e/yr per service
population, stating that this screening target was chosen as a linear interpolation
between the 2020 and 2030 2017 Scoping Plan reduction/efficiency targets based on
the projected 2026 buildout of the Project. (DEIR, 4.7-10). However, the DEIR fails
to provide any reasoning for this choice in either the DEIR itself or the Appendix I
Greenhouse Gas Report. Given that the 2017 Scoping Plan has a target of 2.88
MTCO2e/yr to be attained by 2030,11 it is unclear how a proration of GHG emissions
targets between 2020 and 2030 would be consistent with meeting the goals of AB 32
and SB 32.
2. The DEIR is Required to Consider and Adopt All Feasible Air Quality
and GHG Mitigation Measures
A fundamental purpose of an EIR is to identify ways in which a proposed project's
significant environmental impacts can be mitigated or avoided. Pub. Res. Code §§
21002.1(a), 21061. To implement this statutory purpose, an EIR must describe any
feasible mitigation measures that can minimize the project's significant environmental
effects. PRC §§ 21002.1(a), 21100(b)(3); CEQA Guidelines §§ 15121(a), 15126.4(a).
If the project has a significant effect on the environment, the agency may approve the
project only upon finding that it has “eliminated or substantially lessened all significant
effects on the environment where feasible”12 and find that ‘specific overriding
economic, legal, social, technology or other benefits of the project outweigh the
significant effects on the environment.”13 “A gloomy forecast of environmental
degradation is of little or no value without pragmatic, concrete means to minimize the
impacts and restore ecological equilibrium.” Environmental Council of Sacramento v. City of
Sacramento (2006) 142 Cal.App.4th 1018, 1039.
Here, the DEIR finds that the Project will have significant and unavoidable impacts on
air quality and greenhouse gas emissions, yet proposes mitigation measures that fall
11 Representing an emissions deduction of 40% from 1990 levels.
12 PRC §§ 21002; 21002.1, 21081; CEQA Guidelines §§ 15091, 15092(b)(2)(A).
13 PRC §§ 21002; 21002.1, 21081; CEQA Guidelines §§ 15091, 15092(b)(2)(B).
City of La Quinta – Coral Mountain Resort DEIR
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short of the “all feasible mitigation measures” standard set by CEQA. Mitigation
Measure AQ-2 requires future developments to employ U.S. EPA Tier 3 construction
equipment. However, it fails to justify with substantial evidence why U.S. EPA Tier 4
Final-compliant should not be required. Further, Mitigation Measure AQ-3 demands
the use of low-VOC architectural coatings within the Project area, but the DEIR does
not contemplate the feasibility of a requirement that “Super-Complaint” architectural
be utilized to further decrease Air Quality impacts.
Additionally, the DEIR notes that the Project will require the “design [of] building
shells and building components… to meet 2019 Title 24 Standards,” (DEIR, 4.1-14),
but does not specify which standards it is specifically referring to—energy efficiency
standards or CalGreen building standards. Though the DEIR states that both should
apply, it does not state the Project’s level of compliance with Tile 24 standards. The
Title 24 “CalGreen” building standards include two different standard “tiers” (Tier 1
and Tier 2) for both residential and non-residential buildings. (Cal. Code of
Regulations, Title 24, Part 11, Appendix A4 at A4.601 and Appendix A5 at A5.601).
The DEIR does not address which tier is applicable within the Project’s specific plan
area, and does not state that that the more stringent Tier 2 standards for residential and
non-residential development should be followed. The City should reevaluate the
mitigation measures proposed in the DEIR to ensure the adoption of all feasible
mitigation measures as required by CEQA.
3. The DEIR Improperly Labels Mitigation Measures as “Project Design
Features”
The DEIR improperly labels mitigation measures for “Project Design Features” or
“PDFs” which the DEIR purports will reduce environmental impacts. (See, e.g., DEIR,
4.1-13 through 4.1-15 (Air Quality); see also DEIR, 4.5-18 through 4.5-19 (Energy);
DEIR, 4.7-11 through 13 (Greenhouse Gas Emissions).) Many of the DEIR’s
conclusions regarding mitigation of environmental impacts below levels of significance
rely on the implementation of these PDFs, and that as such no additional mitigation is
required.
However, it is established that “’[a]voidance, minimization and / or mitigation
measure’ . . . are not ‘part of the project.’ . . . compressing the analysis of impacts and
mitigation measures into a single issue . . disregards the requirements of CEQA.”
(Lotus v. Department of Transportation (2014) 223 Cal. App. 4th 645, 656.)
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When “an agency decides to incorporate mitigation measures into its significance
determination, and relies on those mitigation measures to determine that no
significant effects will occur, that agency must treat those measures as though there
were adopted following a finding of significance.” (Lotus, supra, 223 Cal. App. 4th at
652 [citing CEQA Guidelines § 15091(a)(1) and Cal. Public Resources Code §
21081(a)(1).])
By labeling mitigation measures as project design features, the City violates CEQA by
failing to disclose “the analytic route that the agency took from the evidence to its
findings.” (Cal. Public Resources Code § 21081.5; CEQA Guidelines § 15093; Village
Laguna of Laguna Beach, Inc. v. Board of Supervisors (1982) 134 Cal. App. 3d 1022, 1035
[quoting Topanga Assn for a Scenic Community v. County of Los Angeles (1974) 11 Cal. 3d
506, 515.])
The DEIR’s use of “Project Design Features” further violates CEQA because such
measures would not be included in the Project’s Mitigation Monitoring and Reporting
Program CEQA requires lead agencies to adopt mitigation measures that are fully
enforceable and to adopt a monitoring and/or reporting program to ensure that the
measures are implemented to reduce the Project’s significant environmental effects to
the extent feasible. (PRC § 21081.6; CEQA Guidelines § 15091(d).) Though they are
presumably enforceable by the City pursuant to the terms of the Project’s
Development Agreement, the PDFs should be properly adopted as mitigations and
subject to a mitigation monitoring and reporting program under CEQA.
4. The DEIR Fails to Support Its Findings on Population and Housing and
Recreation with Substantial Evidence
The City’s Notice of Preparation (“NOP”) concluded that the Project will have a less
than significant impact on population and housing, and thus precluded the DEIR from
undertaking any further analysis of the direct or indirect effects of the Project on
population growth in the City. Thus, the DEIR does not analyze the issue. Analysis of
Population and Housing impacts was ruled out by NOP, on the grounds that projected
population growth related to the Project still puts the City under its 2035 population
forecast. (DEIR, Appendix A, NOP at pp. 39-40.) La Quinta’s General Plan
Environmental Impact Report forecasts a population of 46,297 people by 2035 (Id.),
whereas predicted growth related to the project is 1,698 new residents, (DEIR, 6-6),
raising the population to 42,358 (2,181 new residents in the NOP (raising the
population to 42,841)). However, SCAG’s comment on the City’s NOP forecasts a
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lower population of 45,034 by 2035. (DEIR, Appendix A, Letter from Southern
California Association of Governments to Nicole Sauviat Criste (April 1, 2021) at p. 4.)
The Project will ultimately result in a net increase in housing, and may have
cumulatively considerable impacts with other housing projects in the area, especially
the adjacent Andalusia project. An EIR’s discussion of cumulative impacts is required
by CEQA Guidelines §15130(a). The determination of whether there are cumulative
impacts in any issue area should be determined based on an assessment of the project's
incremental effects “viewed in connection with the effects of past projects, the effects
of other current projects, and the effects of probable future projects.” (CEQA
Guidelines §15065(a)(3); Banning Ranch Conservancy v City of Newport Beach (2012) 211
Cal. App. 4th 1209, 1228; see also CEQA Guidelines §15355(b).)
The DEIR demurs on any cumulative impacts analysis based on the assumption that
the Project “is not anticipated to result in an indirect growth inducing impact vecause
the existing infrastructure has been sized to accommodate long term growth… and
because the projected population growth is already included in the City of La Quinta’s
General Plan.” (DEIR, 6-7). The DEIR cannot simply ignore the fact that 1,698 new
residents will potentially be drawn to the City by the Project and not consider the
cumulative effect of that projected population growth with that of other pending
projects. This is a potentially significant impact that the DEIR should analyze.
In addition, neither the DEIR nor the NOP contain any substantive discussion of
Recreation impacts. (See NOP at pp. 41-42; DEIR, 6-7 through 6-8). The CEQA
Guidelines identify a threshold of significance related to whether or not a project will
include recreational facilities or require the construction or expansion of recreational
facilities that might have an adverse physical effect on the environment. The Project
dedicates 23.6 acres of previously-open space to the development of recreational
facilities on in the Project area, including the potential development of rope courses.
This has reasonably foreseeable environmental impacts and requires analysis in the
DEIR. Payment of Quimby fees (a mitigation) does not excuse the DEIR from
analysis of environmental impacts the Project will have via the creation of recreational
spaces.
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F. The DEIR Fails to Demonstrate Consistency with SCAG’s RTP/SCS
Plans
Senate Bill No. 375 requires regional planning agencies to include a sustainable
communities strategy in their regional transportation plans. Gov. Code § 65080,
sub.(b)(2)(B).) CEQA Guidelines § 15125(d) provides that an EIR “shall discuss any
inconsistencies between the proposed project and…regional plans. Such regional plans
include…regional transportation plans.” Thus, CEQA requires analysis of any
inconsistencies between the Project and the relevant RTP/SCS plan.
In April 2012, SCAG adopted its 2012-2035 RTP/ SCS (“2012 RTP/SCS”), which
proposed specific land use policies and transportation strategies for local governments
to implement that will help the region achieve GHG emission reductions of 9 percent
per capita in 2020 and 16 percent per capita in 2035.
In April 2016, SCAG adopted the 2016-2040 RTP/SCS (“2016 RTP/SCS”)14, which
incorporates and builds upon the policies and strategies in the 2012 RTP/SCS 15, that
will help the region achieve GHG emission reductions that would reduce the region’s
per capita transportation emissions by eight percent by 2020 and 18 percent by 2035.16
SCAG’s RTP/SCS plan is based upon the same requirements outlined in CARB’s 2017
Scoping Plan and SB 375.
On September 3, 2020, SCAG adopted the 2020 – 2045 RTP / SCS titled Connect
SoCal (“2020 RTP/ SCS”).17 The 2020 RTP / SCS adopts policies and strategies aimed
at reducing the region’s per capita greenhouse gas emissions by 8% below 2005 per
capita emissions levels by 2020 and 19% below 2005 per capita emissions levels by
2035. 18
For both the 2012 and 2016 RTP/SCS, SCAG prepared Program Environmental
Impact Reports (“PEIR”) that include Mitigation Monitoring and Reporting Programs
(“MMRP”) that list project-level environmental mitigation measures that directly
and/or indirectly relate to a project’s GHG impacts and contribution to the region’s
15 SCAG (Apr. 2016) 2016 RTP/SCS, p. 69, 75-115 (attached as Exhibit D).
16 Id., p. 8, 15, 153, 166.
17 SCAG (Sept 2020) Connect Socal: The 2020 – 2045 Regional Transportation Plan / Sustainable
Communities Strategy of the Southern California Association of Governments, available at
https://scag.ca.gov/sites/main/files/file-attachments/0903fconnectsocal-plan_0.pdf?1606001176
18 Id. At xiii.
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GHG emissions.19 These environmental mitigation measures serve to help local
municipalities when identifying mitigation to reduce impacts on a project-specific basis
that can and should be implemented when they identify and mitigate project-specific
environmental impacts.20
Here, the DEIR fails to analyze the Project’s is consistency with any of SCAG’s
aforementioned RTP/SCS Plans. The DEIR must demonstrate that the Project is
consistent with the RTP/SCS Plans’ project-level goals, including:
Land Use and Transportation
• Providing transit fare discounts 21;
• Implementing transit integration strategies 22; and
• Anticipating shared mobility platforms, car-to-car communications, and
automated vehicle technologies.23
GHG Emissions Goals 24
• Reduction in emissions resulting from a project through implementation of
project features, project design, or other measures, such as those described in
Appendix F of the State CEQA Guidelines,25 such as:
o Potential measures to reduce wasteful, inefficient and unnecessary
consumption of energy during construction, operation, maintenance
and/or removal. The discussion should explain why certain measures
were incorporated in the project and why other measures were dismissed.
19 Id., p. 116-124; see also SCAG (April 2012) Regional Transportation Plan 2012 – 20135, fn. 38, p. 77-86
(attached as Exhibit E).
20 SCAG 2012 RTP/SCS (attached as Exhibit E), p. 77; see also SCAG 2016 RTP/SCS, fn. 41, p. 115.
21 SCAG 2016 RTP/SCS, pp. 75-114
22 Id.
23 Id.
24 SCAG 2012 RTP/SCS (Mar. 2012) Final PEIR MMRP, p. 6-2—6-14 (including mitigation measures (“MM”)
AQ3, BIO/OS3, CUL2, GEO3, GHG15, HM3, LU14, NO1, POP4, PS12, TR23, W9 [stating “[l]ocal
agencies can and should comply with the requirements of CEQA to mitigate impacts to [the environmental]
as applicable and feasible …[and] may refer to Appendix G of this PEIR for examples of potential mitigation
to consider when appropriate in reducing environmental impacts of future projects.” (Emphasis added)]),; see
also id., Final PEIR Appendix G (including MMs AQ1-23, GHG1-8, PS1-104, TR1-83, W1-62),; SCAG 2016
RTP/SCS (Mar. 2016) Final PEIR MMRP, p. 11–63 (including MMs AIR-2(b), AIR-4(b), EN- 2(b), GHG-
3(b), HYD-1(b), HYD-2(b), HYD-8(b), TRA-1(b), TRA-2(b), USS-4(b), USS-6(b)).
25 CEQA Guidelines, Appendix F-Energy Conservation, http://resources.ca.gov/ceqa/
guidelines/Appendix_F.html.
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o The potential siting, orientation, and design to minimize energy
consumption, including transportation energy.
o The potential for reducing peak energy demand.
o Alternate fuels (particularly renewable ones) or energy systems.
o Energy conservation which could result from recycling efforts.
• Off-site measures to mitigate a project’s emissions.
• Measures that consider incorporation of Best Available Control Technology
(BACT) during design, construction and operation of projects to minimize
GHG emissions, including but not limited to:
o Use energy and fuel-efficient vehicles and equipment;
o Deployment of zero- and/or near zero emission technologies;
o Use cement blended with the maximum feasible amount of flash or other
materials that reduce GHG emissions from cement production;
o Incorporate design measures to reduce GHG emissions from solid waste
management through encouraging solid waste recycling and reuse;
o Incorporate design measures to reduce energy consumption and increase
use of renewable energy;
o Incorporate design measures to reduce water consumption;
o Use lighter-colored pavement where feasible;
o Recycle construction debris to maximum extent feasible;
• Adopting employer trip reduction measures to reduce employee trips such as
vanpool and carpool programs, providing end-of-trip facilities, and
telecommuting programs.
• Designate a percentage of parking spaces for ride-sharing vehicles or high-
occupancy vehicles, and provide adequate passenger loading and unloading for
those vehicles;
• Land use siting and design measures that reduce GHG emissions, including:
o Measures that increase vehicle efficiency, encourage use of zero and low
emissions vehicles, or reduce the carbon content of fuels, including
City of La Quinta – Coral Mountain Resort DEIR
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constructing or encouraging construction of electric vehicle charging
stations or neighborhood electric vehicle networks, or charging for
electric bicycles; and
o Measures to reduce GHG emissions from solid waste management
through encouraging solid waste recycling and reuse.
Hydrology & Water Quality Goals
• Incorporate measures consistent in a manner that conforms to the standards set
by regulatory agencies responsible for regulating water quality/supply
requirements, such as:
o Reduce exterior consumptive uses of water in public areas, and should
promote reductions in private homes and businesses, by shifting to
drought-tolerant native landscape plantings(xeriscaping), using weather-
based irrigation systems, educating other public agencies about water use,
and installing related water pricing incentives.
o Promote the availability of drought-resistant landscaping options and
provide information on where these can be purchased. Use of reclaimed
water especially in median landscaping and hillside landscaping can and
should be implemented where feasible.
o Implement water conservation best practices such as low-flow toilets,
water-efficient clothes washers, water system audits, and leak detection
and repair.
o Ensure that projects requiring continual dewatering facilities implement
monitoring systems and long-term administrative procedures to ensure
proper water management that prevents degrading of surface water and
minimizes, to the greatest extent possible, adverse impacts on
groundwater for the life of the project. Comply with appropriate building
codes and standard practices including the Uniform Building Code.
o Maximize, where practical and feasible, permeable surface area in existing
urbanized areas to protect water quality, reduce flooding, allow for
groundwater recharge, and preserve wildlife habitat. Minimized new
impervious surfaces to the greatest extent possible, including the use of
in-lieu fees and off-site mitigation.
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o Avoid designs that require continual dewatering where feasible.
o Where feasible, do not site transportation facilities in groundwater
recharge areas, to prevent conversion of those areas to impervious
surface.
• Incorporate measures consistent in a manner that conforms to the standards set
by regulatory agencies responsible for regulating and enforcing water quality and
waste discharge requirements, such as:
o Complete, and have approved, a Stormwater Pollution Prevention Plan
(“SWPPP”) before initiation of construction.
o Implement Best Management Practices to reduce the peak stormwater
runoff from the project site to the maximum extent practicable.
o Comply with the Caltrans stormwater discharge permit as applicable; and
identify and implement Best Management Practices to manage site
erosion, wash water runoff, and spill control.
o Complete, and have approved, a Standard Urban Stormwater
Management Plan, prior to occupancy of residential or commercial
structures.
o Ensure adequate capacity of the surrounding stormwater system to
support stormwater runoff from new or rehabilitated structures or
buildings.
o Prior to construction within an area subject to Section 404 of the Clean
Water Act, obtain all required permit approvals and certifications for
construction within the vicinity of a watercourse (e.g., Army Corps § 404
permit, Regional Waterboard § 401 permit, Fish & Wildlife § 401 permit).
o Where feasible, restore or expand riparian areas such that there is no net
loss of impervious surface as a result of the project.
o Install structural water quality control features, such as drainage channels,
detention basins, oil and grease traps, filter systems, and vegetated buffers
to prevent pollution of adjacent water resources by polluted runoff where
required by applicable urban stormwater runoff discharge permits, on
new facilities.
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o Provide structural stormwater runoff treatment consistent with the
applicable urban stormwater runoff permit where Caltrans is the
operator, the statewide permit applies.
o Provide operational best management practices for street cleaning, litter
control, and catch basin cleaning are implemented to prevent water
quality degradation in compliance with applicable stormwater runoff
discharge permits; and ensure treatment controls are in place as early as
possible, such as during the acquisition process for rights-of-way, not just
later during the facilities design and construction phase.
o Comply with applicable municipal separate storm sewer system discharge
permits as well as Caltrans’ stormwater discharge permit including long-
term sediment control and drainage of roadway runoff.
o Incorporate as appropriate treatment and control features such as
detention basins, infiltration strips, and porous paving, other features to
control surface runoff and facilitate groundwater recharge into the design
of new transportation projects early on in the process to ensure that
adequate acreage and elevation contours are provided during the right-of-
way acquisition process.
o Design projects to maintain volume of runoff, where any downstream
receiving water body has not been designed and maintained to
accommodate the increase in flow velocity, rate, and volume without
impacting the water's beneficial uses. Pre-project flow velocities, rates,
volumes must not be exceeded. This applies not only to increases in
stormwater runoff from the project site, but also to hydrologic changes
induced by flood plain encroachment. Projects should not cause or
contribute to conditions that degrade the physical integrity or ecological
function of any downstream receiving waters.
o Provide culverts and facilities that do not increase the flow velocity, rate,
or volume and/or acquiring sufficient storm drain easements that
accommodate an appropriately vegetated earthen drainage channel.
o Upgrade stormwater drainage facilities to accommodate any increased
runoff volumes. These upgrades may include the construction of
detention basins or structures that will delay peak flows and reduce flow
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velocities, including expansion and restoration of wetlands and riparian
buffer areas. System designs shall be completed to eliminate increases in
peak flow rates from current levels.
o Encourage Low Impact Development (“LID”) and incorporation of
natural spaces that reduce, treat, infiltrate and manage stormwater runoff
flows in all new developments, where practical and feasible.
• Incorporate measures consistent with the provisions of the Groundwater
Management Act and implementing regulations, such as:
o For projects requiring continual dewatering facilities, implement
monitoring systems and long-term administrative procedures to ensure
proper water management that prevents degrading of surface water and
minimizes, to the greatest extent possible, adverse impacts on
groundwater for the life of the project, Construction designs shall comply
with appropriate building codes and standard practices including the
Uniform Building Code.
o Maximize, where practical and feasible, permeable surface area in existing
urbanized areas to protect water quality, reduce flooding, allow for
groundwater recharge, and preserve wildlife habitat. Minimize to the
greatest extent possible, new impervious surfaces, including the use of in-
lieu fees and off-site mitigation.
o Avoid designs that require continual dewatering where feasible.
o Avoid construction and siting on groundwater recharge areas, to prevent
conversion of those areas to impervious surface.
o Reduce hardscape to the extent feasible to facilitate groundwater recharge
as appropriate.
• Incorporate mitigation measures to ensure compliance with all federal, state, and
local floodplain regulations, consistent with the provisions of the National
Flood Insurance Program, such as:
o Comply with Executive Order 11988 on Floodplain Management, which
requires avoidance of incompatible floodplain development, restoration
and preservation of the natural and beneficial floodplain values, and
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maintenance of consistency with the standards and criteria of the
National Flood Insurance Program.
o Ensure that all roadbeds for new highway and rail facilities be elevated at
least one foot above the 100-year base flood elevation. Since alluvial fan
flooding is not often identified on FEMA flood maps, the risk of alluvial
fan flooding should be evaluated and projects should be sited to avoid
alluvial fan flooding. Delineation of floodplains and alluvial fan
boundaries should attempt to account for future hydrologic changes
caused by global climate change.
Transportation, Traffic, and Safety
• Institute teleconferencing, telecommute and/or flexible work hour programs to
reduce unnecessary employee transportation.
• Create a ride-sharing program by designating a certain percentage of parking
spaces for ride sharing vehicles, designating adequate passenger loading and
unloading for ride sharing vehicles, and providing a web site or message board
for coordinating rides.
• Provide a vanpool for employees.
• Provide a Transportation Demand Management (TDM) plan containing
strategies to reduce on-site parking demand and single occupancy vehicle travel.
The TDM shall include strategies to increase bicycle, pedestrian, transit, and
carpools/vanpool use, including:
o Inclusion of additional bicycle parking, shower, and locker facilities that
exceed the requirement.
o Direct transit sales or subsidized transit passes.
o Guaranteed ride home program.
o Pre-tax commuter benefits (checks).
o On-site car-sharing program (such as City Car Share, Zip Car, etc.).
o On-site carpooling program.
o Distribution of information concerning alternative transportation
options.
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o Parking spaces sold/leased separately.
o Parking management strategies; including attendant/valet parking and
shared parking spaces.
• Promote ride sharing programs e.g., by designating a certain percentage of
parking spaces for high-occupancy vehicles, providing larger parking spaces to
accommodate vans used for ride-sharing, and designating adequate passenger
loading and unloading and waiting areas.
• Encourage the use of public transit systems by enhancing safety and cleanliness
on vehicles and in and around stations, providing shuttle service to public
transit, offering public transit incentives and providing public education and
publicity about public transportation services.
• Build or fund a major transit stop within or near transit development upon
consultation with applicable CTCs.
• Work with the school districts to improve pedestrian and bike access to schools
and to restore or expand school bus service using lower-emitting vehicles.
• Purchase, or create incentives for purchasing, low or zero-emission vehicles.
• Provide the necessary facilities and infrastructure to encourage the use of low or
zero-emission vehicles.
• Promote ride sharing programs, if determined feasible and applicable by the
Lead Agency, including:
o Designate a certain percentage of parking spaces for ride-sharing vehicles.
o Designate adequate passenger loading, unloading, and waiting areas for
ride-sharing vehicles.
o Provide a web site or message board for coordinating shared rides.
o Encourage private, for-profit community car-sharing, including parking
spaces for car share vehicles at convenient locations accessible by public
transit.
o Hire or designate a rideshare coordinator to develop and implement
ridesharing programs.
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• Support voluntary, employer-based trip reduction programs, if determined
feasible and applicable by the Lead Agency, including:
o Provide assistance to regional and local ridesharing organizations.
o Advocate for legislation to maintain and expand incentives for employer
ridesharing programs.
o Require the development of Transportation Management Associations
for large employers and commercial/ industrial complexes.
o Provide public recognition of effective programs through awards, top ten
lists, and other mechanisms.
• Implement a “guaranteed ride home” program for those who commute by
public transit, ridesharing, or other modes of transportation, and encourage
employers to subscribe to or support the program.
• Encourage and utilize shuttles to serve neighborhoods, employment centers and
major destinations.
• Create a free or low-cost local area shuttle system that includes a fixed route to
popular tourist destinations or shopping and business centers.
• Work with existing shuttle service providers to coordinate their services.
• Facilitate employment opportunities that minimize the need for private vehicle
trips, such as encourage telecommuting options with new and existing
employers, through project review and incentives, as appropriate.
• Organize events and workshops to promote GHG-reducing activities.
• Implement a Parking Management Program to discourage private vehicle use,
including:
o Encouraging carpools and vanpools with preferential parking and a
reduced parking fee.
o Institute a parking cash-out program or establish a parking fee for all
single-occupant vehicles.
Utilities & Service Systems
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• Integrate green building measures consistent with CALGreen (Title 24, part 11),
U.S. Green Building Council’s Leadership in Energy and Environmental Design,
energy Star Homes, Green Point Rated Homes, and the California Green
Builder Program into project design including, but not limited to the following:
o Reuse and minimization of construction and demolition (C&D) debris
and diversion of C&D waste from landfills to recycling facilities.
o Inclusion of a waste management plan that promotes maximum C&D
diversion.
o Development of indoor recycling program and space.
o Discourage exporting of locally generated waste outside of the SCAG
region during the construction and implementation of a project.
Encourage disposal within the county where the waste originates as much
as possible. Promote green technologies for long-distance transport of
waste (e.g., clean engines and clean locomotives or electric rail for waste-
by-rail disposal systems) and consistency with SCAQMD and 2016
RTP/SCS policies can and should be required.
o Develop ordinances that promote waste prevention and recycling
activities such as: requiring waste prevention and recycling efforts at all
large events and venues; implementing recycled content procurement
programs; and developing opportunities to divert food waste away from
landfills and toward food banks and composting facilities.
o Develop alternative waste management strategies such as composting,
recycling, and conversion technologies.
o Develop and site composting, recycling, and conversion technology
facilities that have minimum environmental and health impacts.
o Require the reuse and recycle construction and demolition waste
(including, but not limited to, soil, vegetation, concrete, lumber, metal,
and cardboard).
o Integrate reuse and recycling into residential industrial, institutional and
commercial projects.
o Provide recycling opportunities for residents, the public, and tenant
businesses.
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o Provide education and publicity about reducing waste and available
recycling services.
o Implement or expand city or county-wide recycling and composting
programs for residents and businesses. This could include extending the
types of recycling services offered (e.g., to include food and green waste
recycling) and providing public education and publicity about recycling
services.
The DEIR fails to mention or demonstrate consistency with the above listed measures
and strategies of the SCAG RTP/SCS Plans. The DEIR should be revised to indicate
what specific project-level mitigation measures that will be followed to demonstrate
consistency with the RTP/SCS Plans.
G. Failure to Include Consultation and Preparation Section
CEQA requires all EIRs contain certain contents. See CEQA Guidelines §§ 15122 –
15131. CEQA expressly requires an EIR “identify all federal, state, or local agencies,
other organizations, and private individuals consulted in preparing the draft EIR, and
the persons, firm, or agency preparing the draft EIR, by contract or other
authorization.” CEQA Guidelines § 15129. This information is critical to
demonstrating a lead agency fulfilled its obligation to “consult with, and obtain
comments from, each responsible agency, trustee agency, any public agency that has
jurisdiction by law with respect to the project, and any city or county that borders on
a city or county within which the project is located ….” PRC § 21104(a).
Failure to provide sufficient information concerning the lead agency’s consultation
efforts could undermine the legal sufficiency of an EIR. Courts determine de novo
whether a CEQA environmental document sufficiently discloses information required
by CEQA as “noncompliance with the information disclosure provisions” of CEQA
is a failure to proceed in a manner required by law. PRC § 21005(a); see also Sierra Club
v. County of Fresno (2018) 6 Cal. 5th 502, 515.
Here, the DEIR fails to identify which federal agencies, state agencies, local agencies,
or other organizations, if any, that were consulted in the preparation of this DEIR.
The DEIR should be revised to identify the organizations the City consulted with in
the preparation of the DEIR in compliance with Section 21104(a) of the Public
Resources Code.
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II. THE PROJECT VIOLATES THE STATE PLANNING AND
ZONING LAW AS WELL AS THE CITY’S GENERAL PLAN
A. Background Regarding the State Planning and Zoning Law
Each California city and county must adopt a comprehensive, long-term general plan
governing development. Napa Citizens for Honest Gov. v. Napa County Bd. of Supervisors
(2001) 91 Cal.App.4th 342, 352, citing Gov. Code §§ 65030, 65300. The general plan
sits at the top of the land use planning hierarchy, and serves as a “constitution” or
“charter” for all future development. DeVita v. County of Napa (1995) 9 Cal.4th 763,
773; Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, 540.
General plan consistency is “the linchpin of California’s land use and development
laws; it is the principle which infused the concept of planned growth with the force
of law.” See Debottari v. Norco City Council (1985) 171 Cal.App.3d 1204, 1213.
State law mandates two levels of consistency. First, a general plan must be internally
or “horizontally” consistent: its elements must “comprise an integrated, internally
consistent and compatible statement of policies for the adopting agency.” See Gov.
Code § 65300.5; Sierra Club v. Bd. of Supervisors (1981) 126 Cal.App.3d 698, 704. A
general plan amendment thus may not be internally inconsistent, nor may it cause the
general plan as a whole to become internally inconsistent. See DeVita, 9 Cal.4th at 796
fn. 12.
Second, state law requires “vertical” consistency, meaning that zoning ordinances and
other land use decisions also must be consistent with the general plan. See Gov.
Code § 65860(a)(2) [land uses authorized by zoning ordinance must be “compatible
with the objectives, policies, general land uses, and programs specified in the
[general] plan.”]; see also Neighborhood Action Group v. County of Calaveras (1984) 156
Cal.App.3d 1176, 1184. A zoning ordinance that conflicts with the general plan or
impedes achievement of its policies is invalid and cannot be given effect. See Lesher,
52 Cal.3d at 544.
State law requires that all subordinate land use decisions, including conditional use
permits, be consistent with the general plan. See Gov. Code § 65860(a)(2);
Neighborhood Action Group, 156 Cal.App.3d at 1184.
A project cannot be found consistent with a general plan if it conflicts with a general
plan policy that is “fundamental, mandatory, and clear,” regardless of whether it is
consistent with other general plan policies. See Endangered Habitats League v. County of
City of La Quinta – Coral Mountain Resort DEIR
August 5, 2021
Page 31 of 33
Orange (2005) 131 Cal.App.4th 777, 782-83; Families Unafraid to Uphold Rural El Dorado
County v. Bd. of Supervisors (1998) 62 Cal.App.4th 1332, 1341-42 (“FUTURE”).
Moreover, even in the absence of such a direct conflict, an ordinance or development
project may not be approved if it interferes with or frustrates the general plan’s
policies and objectives. See Napa Citizens, 91 Cal.App.4th at 378-79; see also Lesher, 52
Cal.3d at 544 (zoning ordinance restricting development conflicted with growth-
oriented policies of general plan).
As explained in full below, the Project is inconsistent with the City’s General Plan. As
such, the Project violates the State Planning and Zoning law.
B. The Project is Inconsistent with the General Plan, and thus the DEIR’s
Conclusions Regarding Impacts on Land Use and Planning are
Unsupported by Substantial Evidence
The DEIR fail to establish the Project’s consistency with several General Plan goals,
policies, and programs including the following:
• Policy LU-2.3: The City’s outdoor lighting ordinance will be maintained;
• Goal LU-3 and associated policies and programs: Safe and identifiable
neighborhoods that provide a sense of place;
• Policy LU-5.1: Use development incentives to achieve a mix of housing,
including affordable housing;
• Policy CIR-1.14: Private streets shall be developed in accordance with
development standards set forth in the Municipal Code, relevant Public
Works Bulletins, and other applicable standards and guidelines;
• Policy SC-1.2: Reduce water consumption at a minimum consistent with
the Greenhouse Gas Reduction Plan (also see Air Quality Element);
• Policy SC-1.4: Reduce Greenhouse Gas emissions at a minimum
consistent with the Greenhouse Gas Reduction Plan (also see Air Quality
Element);
• Goal H-2 and associated policies and programs: Assist in the creation and
provision of resources to support housing for lower and moderate income
households;
• Goal H-3 and associated policies and programs: Create a regulatory system
that does not unduly constrain the maintenance, improvement, and
development of housing affordable to all La Quinta residents;
City of La Quinta – Coral Mountain Resort DEIR
August 5, 2021
Page 32 of 33
• Goal H-5 and associated policies and programs: Provide equal housing
opportunities for all persons;
• Goal AQ-1 and associated policies and programs: A reduction in all air
emissions generated within the City;
• Goal BIO-1 and associated policies and programs: The protection and
preservation of native and environmentally significant biological resources
and their habitats;
• Policy WR-1.6: Encourage the use of permeable pavements in residential
and commercial development projects;
• Goal OS-2 and associated policies and programs: Good stewardship of
natural open space and preservation of open space areas;
• Goal OS-3 and associated policies and programs: Preservation of scenic
resources as vital contributions to the City’s economic health and overall
quality of life;
• Policy UTL-1.3: New development shall reduce its projected water
consumption rates over “business-as-usual” consumption rates.
The Project fails to discuss its conformity with each of the aforementioned Goals,
Policies, and Programs laid out in the City’s General Plan, even though the Project will
have reasonably foreseeable impacts on land use, traffic, housing and population,
biological resources, vehicle trip generation, air quality, and GHG emissions. This
discussion is relevant not only to compliance with land use and zoning law, but also
with the contemplation of the Project’s consistency with land use plans, policies, and
regulations adopted for the purpose of avoiding or mitigating environmental impacts.
The DEIR should be amended to include analysis of the Project’s comportment with
the Goals, Policies, and Programs listed above.
Further, the DEIR should be revised to analyze the Project’s consistency with the
City’s upcoming 6th Cycle Housing Element Update and its related Regional Housing
Needs Assessment.
III. CONCLUSION
Commenters request that the City revise and recirculate the Project’s DEIR and/or
prepare an environmental impact report which addresses the aforementioned
concerns. If the City has any questions or concerns, feel free to contact my Office.
Sincerely,
City of La Quinta – Coral Mountain Resort DEIR
August 5, 2021
Page 33 of 33
______________________
Mitchell M. Tsai
Attorneys for Southwest Regional Council of Carpenters
Attached:
March 8, 2021 SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and
Considerations for Greenhouse Gas Modeling (Exhibit A);
Air Quality and GHG Expert Paul Rosenfeld CV (Exhibit B);
Air Quality and GHG Expert Matt Hagemann CV (Exhibit C);
EXHIBIT A
1
2656 29th Street, Suite 201
Santa Monica, CA 90405
Matt Hagemann, P.G, C.Hg.
(949) 887-9013
mhagemann@swape.com
Paul E. Rosenfeld, PhD
(310) 795-2335
prosenfeld@swape.com
March 8, 2021
Mitchell M. Tsai
155 South El Molino, Suite 104
Pasadena, CA 91101
Subject: Local Hire Requirements and Considerations for Greenhouse Gas Modeling
Dear Mr. Tsai,
Soil Water Air Protection Enterprise (“SWAPE”) is pleased to provide the following draft technical report
explaining the significance of worker trips required for construction of land use development projects with
respect to the estimation of greenhouse gas (“GHG”) emissions. The report will also discuss the potential for
local hire requirements to reduce the length of worker trips, and consequently, reduced or mitigate the
potential GHG impacts.
Worker Trips and Greenhouse Gas Calculations
The California Emissions Estimator Model (“CalEEMod”) is a “statewide land use emissions computer model
designed to provide a uniform platform for government agencies, land use planners, and environmental
professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions associated with both
construction and operations from a variety of land use projects.”1 CalEEMod quantifies construction-related
emissions associated with land use projects resulting from off-road construction equipment; on-road mobile
equipment associated with workers, vendors, and hauling; fugitive dust associated with grading, demolition,
truck loading, and on-road vehicles traveling along paved and unpaved roads; and architectural coating
activities; and paving.2
The number, length, and vehicle class of worker trips are utilized by CalEEMod to calculate emissions associated
with the on-road vehicle trips required to transport workers to and from the Project site during construction.3
1 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home.
2 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home.
3 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34.
2
Specifically, the number and length of vehicle trips is utilized to estimate the vehicle miles travelled (“VMT”)
associated with construction. Then, utilizing vehicle-class specific EMFAC 2014 emission factors, CalEEMod
calculates the vehicle exhaust, evaporative, and dust emissions resulting from construction-related VMT,
including personal vehicles for worker commuting.4
Specifically, in order to calculate VMT, CalEEMod multiplies the average daily trip rate by the average overall trip
length (see excerpt below):
“VMTd = Σ(Average Daily Trip Rate i * Average Overall Trip Length i) n
Where:
n = Number of land uses being modeled.”5
Furthermore, to calculate the on-road emissions associated with worker trips, CalEEMod utilizes the following
equation (see excerpt below):
“Emissionspollutant = VMT * EFrunning,pollutant
Where:
Emissionspollutant = emissions from vehicle running for each pollutant
VMT = vehicle miles traveled
EFrunning,pollutant = emission factor for running emissions.”6
Thus, there is a direct relationship between trip length and VMT, as well as a direct relationship between VMT
and vehicle running emissions. In other words, when the trip length is increased, the VMT and vehicle running
emissions increase as a result. Thus, vehicle running emissions can be reduced by decreasing the average overall
trip length, by way of a local hire requirement or otherwise.
Default Worker Trip Parameters and Potential Local Hire Requirements
As previously discussed, the number, length, and vehicle class of worker trips are utilized by CalEEMod to
calculate emissions associated with the on-road vehicle trips required to transport workers to and from the
Project site during construction.7 In order to understand how local hire requirements and associated worker trip
length reductions impact GHG emissions calculations, it is important to consider the CalEEMod default worker
trip parameters. CalEEMod provides recommended default values based on site-specific information, such as
land use type, meteorological data, total lot acreage, project type and typical equipment associated with project
type. If more specific project information is known, the user can change the default values and input project-
specific values, but the California Environmental Quality Act (“CEQA”) requires that such changes be justified by
substantial evidence.8 The default number of construction-related worker trips is calculated by multiplying the
4 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 14-15.
5 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 23.
6 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 15.
7 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34.
8 CalEEMod User Guide, available at: http://www.caleemod.com/, p. 1, 9.
3
number of pieces of equipment for all phases by 1.25, with the exception of worker trips required for the
building construction and architectural coating phases.9 Furthermore, the worker trip vehicle class is a 50/25/25
percent mix of light duty autos, light duty truck class 1 and light duty truck class 2, respectively.”10 Finally, the
default worker trip length is consistent with the length of the operational home-to-work vehicle trips.11 The
operational home-to-work vehicle trip lengths are:
“[B]ased on the location and urbanization selected on the project characteristic screen. These values
were supplied by the air districts or use a default average for the state. Each district (or county) also
assigns trip lengths for urban and rural settings” (emphasis added). 12
Thus, the default worker trip length is based on the location and urbanization level selected by the User when
modeling emissions. The below table shows the CalEEMod default rural and urban worker trip lengths by air
basin (see excerpt below and Attachment A).13
Worker Trip Length by Air Basin
Air Basin Rural (miles) Urban (miles)
Great Basin Valleys 16.8 10.8
Lake County 16.8 10.8
Lake Tahoe 16.8 10.8
Mojave Desert 16.8 10.8
Mountain Counties 16.8 10.8
North Central Coast 17.1 12.3
North Coast 16.8 10.8
Northeast Plateau 16.8 10.8
Sacramento Valley 16.8 10.8
Salton Sea 14.6 11
San Diego 16.8 10.8
San Francisco Bay Area 10.8 10.8
San Joaquin Valley 16.8 10.8
South Central Coast 16.8 10.8
South Coast 19.8 14.7
Average 16.47 11.17
Minimum 10.80 10.80
Maximum 19.80 14.70
Range 9.00 3.90
9 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34.
10 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at:
http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 15.
11 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at:
http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 14.
12 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at:
http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 21.
13 “Appendix D Default Data Tables.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/05_appendix-d2016-3-2.pdf?sfvrsn=4, p. D-84 – D-86.
4
As demonstrated above, default rural worker trip lengths for air basins in California vary from 10.8- to 19.8-
miles, with an average of 16.47 miles. Furthermore, default urban worker trip lengths vary from 10.8- to 14.7-
miles, with an average of 11.17 miles. Thus, while default worker trip lengths vary by location, default urban
worker trip lengths tend to be shorter in length. Based on these trends evident in the CalEEMod default worker
trip lengths, we can reasonably assume that the efficacy of a local hire requirement is especially dependent
upon the urbanization of the project site, as well as the project location.
Practical Application of a Local Hire Requirement and Associated Impact
To provide an example of the potential impact of a local hire provision on construction-related GHG emissions,
we estimated the significance of a local hire provision for the Village South Specific Plan (“Project”) located in
the City of Claremont (“City”). The Project proposed to construct 1,000 residential units, 100,000-SF of retail
space, 45,000-SF of office space, as well as a 50-room hotel, on the 24-acre site. The Project location is classified
as Urban and lies within the Los Angeles-South Coast County. As a result, the Project has a default worker trip
length of 14.7 miles.14 In an effort to evaluate the potential for a local hire provision to reduce the Project’s
construction-related GHG emissions, we prepared an updated model, reducing all worker trip lengths to 10
miles (see Attachment B). Our analysis estimates that if a local hire provision with a 10-mile radius were to be
implemented, the GHG emissions associated with Project construction would decrease by approximately 17%
(see table below and Attachment C).
Local Hire Provision Net Change
Without Local Hire Provision
Total Construction GHG Emissions (MT CO2e) 3,623
Amortized Construction GHG Emissions (MT CO2e/year) 120.77
With Local Hire Provision
Total Construction GHG Emissions (MT CO2e) 3,024
Amortized Construction GHG Emissions (MT CO2e/year) 100.80
% Decrease in Construction-related GHG Emissions 17%
As demonstrated above, by implementing a local hire provision requiring 10 mile worker trip lengths, the Project
could reduce potential GHG emissions associated with construction worker trips. More broadly, any local hire
requirement that results in a decreased worker trip length from the default value has the potential to result in a
reduction of construction-related GHG emissions, though the significance of the reduction would vary based on
the location and urbanization level of the project site.
This serves as an example of the potential impacts of local hire requirements on estimated project-level GHG
emissions, though it does not indicate that local hire requirements would result in reduced construction-related
GHG emission for all projects. As previously described, the significance of a local hire requirement depends on
the worker trip length enforced and the default worker trip length for the project’s urbanization level and
location.
14 “Appendix D Default Data Tables.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default-
source/caleemod/05_appendix-d2016-3-2.pdf?sfvrsn=4, p. D-85.
5
Disclaimer
SWAPE has received limited discovery. Additional information may become available in the future; thus, we
retain the right to revise or amend this report when additional information becomes available. Our professional
services have been performed using that degree of care and skill ordinarily exercised, under similar
circumstances, by reputable environmental consultants practicing in this or similar localities at the time of
service. No other warranty, expressed or implied, is made as to the scope of work, work methodologies and
protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which
were limited to information that was reasonably accessible at the time of the work, and may contain
informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of
information obtained or provided by third parties.
Sincerely,
Matt Hagemann, P.G., C.Hg.
Paul E. Rosenfeld, Ph.D.
EXHIBIT B
SOIL WATER AIR PROTECTION ENTERPRISE
2656 29th Street, Suite 201
Santa Monica, California 90405
Attn: Paul Rosenfeld, Ph.D.
Mobil: (310) 795-2335
Office: (310) 452-5555
Fax: (310) 452-5550
Email: prosenfeld@swape.com
Paul E. Rosenfeld, Ph.D. Page 1 of 10 June 2019
Paul Rosenfeld, Ph.D. Chemical Fate and Transport & Air Dispersion Modeling
Principal Environmental Chemist Risk Assessment & Remediation Specialist
Education
Ph.D. Soil Chemistry, University of Washington, 1999. Dissertation on volatile organic compound filtration.
M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics.
B.A. Environmental Studies, U.C. Santa Barbara, 1991. Thesis on wastewater treatment.
Professional Experience
Dr. Rosenfeld has over 25 years’ experience conducting environmental investigations and risk assessments for
evaluating impacts to human health, property, and ecological receptors. His expertise focuses on the fate and
transport of environmental contaminants, human health risk, exposure assessment, and ecological restoration. Dr.
Rosenfeld has evaluated and modeled emissions from unconventional oil drilling operations, oil spills, landfills,
boilers and incinerators, process stacks, storage tanks, confined animal feeding operations, and many other industrial
and agricultural sources. His project experience ranges from monitoring and modeling of pollution sources to
evaluating impacts of pollution on workers at industrial facilities and residents in surrounding communities.
Dr. Rosenfeld has investigated and designed remediation programs and risk assessments for contaminated sites
containing lead, heavy metals, mold, bacteria, particulate matter, petroleum hydrocarbons, chlorinated solvents,
pesticides, radioactive waste, dioxins and furans, semi- and volatile organic compounds, PCBs, PAHs, perchlorate,
asbestos, per- and poly-fluoroalkyl substances (PFOA/PFOS), unusual polymers, fuel oxygenates (MTBE), among
other pollutants. Dr. Rosenfeld also has experience evaluating greenhouse gas emissions from various projects and is
an expert on the assessment of odors from industrial and agricultural sites, as well as the evaluation of odor nuisance
impacts and technologies for abatement of odorous emissions. As a principal scientist at SWAPE, Dr. Rosenfeld
directs air dispersion modeling and exposure assessments. He has served as an expert witness and testified about
pollution sources causing nuisance and/or personal injury at dozens of sites and has testified as an expert witness on
more than ten cases involving exposure to air contaminants from industrial sources.
Paul E. Rosenfeld, Ph.D. Page 2 of 10 June 2019
Professional History:
Soil Water Air Protection Enterprise (SWAPE); 2003 to present; Principal and Founding Partner
UCLA School of Public Health; 2007 to 2011; Lecturer (Assistant Researcher)
UCLA School of Public Health; 2003 to 2006; Adjunct Professor
UCLA Environmental Science and Engineering Program; 2002-2004; Doctoral Intern Coordinator
UCLA Institute of the Environment, 2001-2002; Research Associate
Komex H2O Science, 2001 to 2003; Senior Remediation Scientist
National Groundwater Association, 2002-2004; Lecturer
San Diego State University, 1999-2001; Adjunct Professor
Anteon Corp., San Diego, 2000-2001; Remediation Project Manager
Ogden (now Amec), San Diego, 2000-2000; Remediation Project Manager
Bechtel, San Diego, California, 1999 – 2000; Risk Assessor
King County, Seattle, 1996 – 1999; Scientist
James River Corp., Washington, 1995-96; Scientist
Big Creek Lumber, Davenport, California, 1995; Scientist
Plumas Corp., California and USFS, Tahoe 1993-1995; Scientist
Peace Corps and World Wildlife Fund, St. Kitts, West Indies, 1991-1993; Scientist
Publications:
Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil
Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48
Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property
Value. Journal of Real Estate Research. 27(3):321-342
Chen, J. A, Zapata A. R., Sutherland A. J., Molmen, D.R., Chow, B. S., Wu, L. E., Rosenfeld, P. E., Hesse, R. C.,
(2012) Sulfur Dioxide and Volatile Organic Compound Exposure To A Community In Texas City Texas Evaluated
Using Aermod and Empirical Data. American Journal of Environmental Science, 8(6), 622-632.
Rosenfeld, P.E. & Feng, L. (2011). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best
Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing.
Gonzalez, J., Feng, L., Sutherland, A., Waller, C., Sok, H., Hesse, R., Rosenfeld, P. (2010). PCBs and
Dioxins/Furans in Attic Dust Collected Near Former PCB Production and Secondary Copper Facilities in Sauget, IL.
Procedia Environmental Sciences. 113–125.
Feng, L., Wu, C., Tam, L., Sutherland, A.J., Clark, J.J., Rosenfeld, P.E. (2010). Dioxin and Furan Blood Lipid and
Attic Dust Concentrations in Populations Living Near Four Wood Treatment Facilities in the United States. Journal
of Environmental Health. 73(6), 34-46.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best
Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best
Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing.
Wu, C., Tam, L., Clark, J., Rosenfeld, P. (2009). Dioxin and furan blood lipid concentrations in populations living
near four wood treatment facilities in the United States. WIT Transactions on Ecology and the Environment, Air
Pollution, 123 (17), 319-327.
Paul E. Rosenfeld, Ph.D. Page 3 of 10 June 2019
Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). A Statistical Analysis Of Attic Dust And Blood Lipid
Concentrations Of Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equivalency Quotients (TEQ) In Two
Populations Near Wood Treatment Facilities. Organohalogen Compounds, 70, 002252-002255.
Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). Methods For Collect Samples For Assessing Dioxins
And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, 70, 000527-
000530.
Hensley, A.R. A. Scott, J. J. J. Clark, Rosenfeld, P.E. (2007). Attic Dust and Human Blood Samples Collected near
a Former Wood Treatment Facility. Environmental Research. 105, 194-197.
Rosenfeld, P.E., J. J. J. Clark, A. R. Hensley, M. Suffet. (2007). The Use of an Odor Wheel Classification for
Evaluation of Human Health Risk Criteria for Compost Facilities. Water Science & Technology 55(5), 345-357.
Rosenfeld, P. E., M. Suffet. (2007). The Anatomy Of Odour Wheels For Odours Of Drinking Water, Wastewater,
Compost And The Urban Environment. Water Science & Technology 55(5), 335-344.
Sullivan, P. J. Clark, J.J.J., Agardy, F. J., Rosenfeld, P.E. (2007). Toxic Legacy, Synthetic Toxins in the Food,
Water, and Air in American Cities. Boston Massachusetts: Elsevier Publishing
Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash. Water Science
and Technology. 49(9),171-178.
Rosenfeld P. E., J.J. Clark, I.H. (Mel) Suffet (2004). The Value of An Odor-Quality-Wheel Classification Scheme
For The Urban Environment. Water Environment Federation’s Technical Exhibition and Conference (WEFTEC)
2004. New Orleans, October 2-6, 2004.
Rosenfeld, P.E., and Suffet, I.H. (2004). Understanding Odorants Associated With Compost, Biomass Facilities,
and the Land Application of Biosolids. Water Science and Technology. 49(9), 193-199.
Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash, Water Science
and Technology, 49( 9), 171-178.
Rosenfeld, P. E., Grey, M. A., Sellew, P. (2004). Measurement of Biosolids Odor and Odorant Emissions from
Windrows, Static Pile and Biofilter. Water Environment Research. 76(4), 310-315.
Rosenfeld, P.E., Grey, M and Suffet, M. (2002). Compost Demonstration Project, Sacramento California Using
High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Integrated Waste Management
Board Public Affairs Office, Publications Clearinghouse (MS–6), Sacramento, CA Publication #442-02-008.
Rosenfeld, P.E., and C.L. Henry. (2001). Characterization of odor emissions from three different biosolids. Water
Soil and Air Pollution. 127(1-4), 173-191.
Rosenfeld, P.E., and Henry C. L., (2000). Wood ash control of odor emissions from biosolids application. Journal
of Environmental Quality. 29, 1662-1668.
Rosenfeld, P.E., C.L. Henry and D. Bennett. (2001). Wastewater dewatering polymer affect on biosolids odor
emissions and microbial activity. Water Environment Research. 73(4), 363-367.
Rosenfeld, P.E., and C.L. Henry. (2001). Activated Carbon and Wood Ash Sorption of Wastewater, Compost, and
Biosolids Odorants. Water Environment Research, 73, 388-393.
Rosenfeld, P.E., and Henry C. L., (2001). High carbon wood ash effect on biosolids microbial activity and odor.
Water Environment Research. 131(1-4), 247-262.
Paul E. Rosenfeld, Ph.D. Page 4 of 10 June 2019
Chollack, T. and P. Rosenfeld. (1998). Compost Amendment Handbook For Landscaping. Prepared for and
distributed by the City of Redmond, Washington State.
Rosenfeld, P. E. (1992). The Mount Liamuiga Crater Trail. Heritage Magazine of St. Kitts, 3(2).
Rosenfeld, P. E. (1993). High School Biogas Project to Prevent Deforestation On St. Kitts. Biomass Users
Network, 7(1).
Rosenfeld, P. E. (1998). Characterization, Quantification, and Control of Odor Emissions From Biosolids
Application To Forest Soil. Doctoral Thesis. University of Washington College of Forest Resources.
Rosenfeld, P. E. (1994). Potential Utilization of Small Diameter Trees on Sierra County Public Land. Masters
thesis reprinted by the Sierra County Economic Council. Sierra County, California.
Rosenfeld, P. E. (1991). How to Build a Small Rural Anaerobic Digester & Uses Of Biogas In The First And Third
World. Bachelors Thesis. University of California.
Presentations:
Rosenfeld, P.E., Sutherland, A; Hesse, R.; Zapata, A. (October 3-6, 2013). Air dispersion modeling of volatile
organic emissions from multiple natural gas wells in Decatur, TX. 44th Western Regional Meeting, American
Chemical Society. Lecture conducted from Santa Clara, CA.
Sok, H.L.; Waller, C.C.; Feng, L.; Gonzalez, J.; Sutherland, A.J.; Wisdom-Stack, T.; Sahai, R.K.; Hesse, R.C.;
Rosenfeld, P.E. (June 20-23, 2010). Atrazine: A Persistent Pesticide in Urban Drinking Water.
Urban Environmental Pollution. Lecture conducted from Boston, MA.
Feng, L.; Gonzalez, J.; Sok, H.L.; Sutherland, A.J.; Waller, C.C.; Wisdom-Stack, T.; Sahai, R.K.; La, M.; Hesse,
R.C.; Rosenfeld, P.E. (June 20-23, 2010). Bringing Environmental Justice to East St. Louis,
Illinois. Urban Environmental Pollution. Lecture conducted from Boston, MA.
Rosenfeld, P.E. (April 19-23, 2009). Perfluoroctanoic Acid (PFOA) and Perfluoroactane Sulfonate (PFOS)
Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United
States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting, Lecture conducted
from Tuscon, AZ.
Rosenfeld, P.E. (April 19-23, 2009). Cost to Filter Atrazine Contamination from Drinking Water in the United
States” Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the
United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting. Lecture
conducted from Tuscon, AZ.
Wu, C., Tam, L., Clark, J., Rosenfeld, P. (20-22 July, 2009). Dioxin and furan blood lipid concentrations in
populations living near four wood treatment facilities in the United States. Brebbia, C.A. and Popov, V., eds., Air
Pollution XVII: Proceedings of the Seventeenth International Conference on Modeling, Monitoring and
Management of Air Pollution. Lecture conducted from Tallinn, Estonia.
Rosenfeld, P. E. (October 15-18, 2007). Moss Point Community Exposure To Contaminants From A Releasing
Facility. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from
University of Massachusetts, Amherst MA.
Rosenfeld, P. E. (October 15-18, 2007). The Repeated Trespass of Tritium-Contaminated Water Into A
Surrounding Community Form Repeated Waste Spills From A Nuclear Power Plant. The 23rd Annual International
Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst
MA.
Paul E. Rosenfeld, Ph.D. Page 5 of 10 June 2019
Rosenfeld, P. E. (October 15-18, 2007). Somerville Community Exposure To Contaminants From Wood Treatment
Facility Emissions. The 23rd Annual International Conferences on Soils Sediment and Water. Lecture conducted
from University of Massachusetts, Amherst MA.
Rosenfeld P. E. (March 2007). Production, Chemical Properties, Toxicology, & Treatment Case Studies of 1,2,3-
Trichloropropane (TCP). The Association for Environmental Health and Sciences (AEHS) Annual Meeting . Lecture
conducted from San Diego, CA.
Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan, PAH, and Metal Exposure in Florala,
Alabama. The AEHS Annual Meeting. Lecture conducted from San Diego, CA.
Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (August 21 – 25, 2006). Dioxin Containing Attic Dust And
Human Blood Samples Collected Near A Former Wood Treatment Facility. The 26th International Symposium on
Halogenated Persistent Organic Pollutants – DIOXIN2006. Lecture conducted from Radisson SAS Scandinavia
Hotel in Oslo Norway.
Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (November 4-8, 2006). Dioxin Containing Attic Dust And
Human Blood Samples Collected Near A Former Wood Treatment Facility. APHA 134 Annual Meeting &
Exposition. Lecture conducted from Boston Massachusetts.
Paul Rosenfeld Ph.D. (October 24-25, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.
Mealey’s C8/PFOA. Science, Risk & Litigation Conference. Lecture conducted from The Rittenhouse Hotel,
Philadelphia, PA.
Paul Rosenfeld Ph.D. (September 19, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human
Ingestion, Toxicology and Remediation PEMA Emerging Contaminant Conference. Lecture conducted from Hilton
Hotel, Irvine California.
Paul Rosenfeld Ph.D. (September 19, 2005). Fate, Transport, Toxicity, And Persistence of 1,2,3-TCP. PEMA
Emerging Contaminant Conference. Lecture conducted from Hilton Hotel in Irvine, California.
Paul Rosenfeld Ph.D. (September 26-27, 2005). Fate, Transport and Persistence of PDBEs. Mealey’s Groundwater
Conference. Lecture conducted from Ritz Carlton Hotel, Marina Del Ray, California.
Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.
International Society of Environmental Forensics: Focus On Emerging Contaminants. Lecture conducted from
Sheraton Oceanfront Hotel, Virginia Beach, Virginia.
Paul Rosenfeld Ph.D. (July 21-22, 2005). Fate Transport, Persistence and Toxicology of PFOA and Related
Perfluorochemicals. 2005 National Groundwater Association Ground Water And Environmental Law Conference.
Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.
Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human
Ingestion, Toxicology and Remediation. 2005 National Groundwater Association Ground Water and
Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.
Paul Rosenfeld, Ph.D. and James Clark Ph.D. and Rob Hesse R.G. (May 5-6, 2004). Tert-butyl Alcohol Liability
and Toxicology, A National Problem and Unquantified Liability. National Groundwater Association. Environmental
Law Conference. Lecture conducted from Congress Plaza Hotel, Chicago Illinois.
Paul Rosenfeld, Ph.D. (March 2004). Perchlorate Toxicology. Meeting of the American Groundwater Trust.
Lecture conducted from Phoenix Arizona.
Hagemann, M.F., Paul Rosenfeld, Ph.D. and Rob Hesse (2004). Perchlorate Contamination of the Colorado River.
Meeting of tribal representatives. Lecture conducted from Parker, AZ.
Paul E. Rosenfeld, Ph.D. Page 6 of 10 June 2019
Paul Rosenfeld, Ph.D. (April 7, 2004). A National Damage Assessment Model For PCE and Dry Cleaners.
Drycleaner Symposium. California Ground Water Association. Lecture conducted from Radison Hotel, Sacramento,
California.
Rosenfeld, P. E., Grey, M., (June 2003) Two stage biofilter for biosolids composting odor control. Seventh
International In Situ And On Site Bioremediation Symposium Battelle Conference Orlando, FL.
Paul Rosenfeld, Ph.D. and James Clark Ph.D. (February 20-21, 2003) Understanding Historical Use, Chemical
Properties, Toxicity and Regulatory Guidance of 1,4 Dioxane. National Groundwater Association. Southwest Focus
Conference. Water Supply and Emerging Contaminants.. Lecture conducted from Hyatt Regency Phoenix Arizona.
Paul Rosenfeld, Ph.D. (February 6-7, 2003). Underground Storage Tank Litigation and Remediation. California
CUPA Forum. Lecture conducted from Marriott Hotel, Anaheim California.
Paul Rosenfeld, Ph.D. (October 23, 2002) Underground Storage Tank Litigation and Remediation. EPA
Underground Storage Tank Roundtable. Lecture conducted from Sacramento California.
Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Understanding Odor from Compost, Wastewater and
Industrial Processes. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water
Association. Lecture conducted from Barcelona Spain.
Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Using High Carbon Wood Ash to Control Compost Odor.
Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association . Lecture
conducted from Barcelona Spain.
Rosenfeld, P.E. and Grey, M. A. (September 22-24, 2002). Biocycle Composting For Coastal Sage Restoration.
Northwest Biosolids Management Association. Lecture conducted from Vancouver Washington..
Rosenfeld, P.E. and Grey, M. A. (November 11-14, 2002). Using High-Carbon Wood Ash to Control Odor at a
Green Materials Composting Facility. Soil Science Society Annual Conference. Lecture conducted from
Indianapolis, Maryland.
Rosenfeld. P.E. (September 16, 2000). Two stage biofilter for biosolids composting odor control. Water
Environment Federation. Lecture conducted from Anaheim California.
Rosenfeld. P.E. (October 16, 2000). Wood ash and biofilter control of compost odor. Biofest. Lecture conducted
from Ocean Shores, California.
Rosenfeld, P.E. (2000). Bioremediation Using Organic Soil Amendments. California Resource Recovery
Association. Lecture conducted from Sacramento California.
Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur
Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th
Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue
Washington.
Rosenfeld, P.E., and C.L. Henry. (1999). An evaluation of ash incorporation with biosolids for odor reduction. Soil
Science Society of America. Lecture conducted from Salt Lake City Utah.
Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Comparison of Microbial Activity and Odor Emissions from
Three Different Biosolids Applied to Forest Soil. Brown and Caldwell. Lecture conducted from Seattle Washington.
Rosenfeld, P.E., C.L. Henry. (1998). Characterization, Quantification, and Control of Odor Emissions from
Biosolids Application To Forest Soil. Biofest. Lecture conducted from Lake Chelan, Washington.
Paul E. Rosenfeld, Ph.D. Page 7 of 10 June 2019
Rosenfeld, P.E, C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur
Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th
Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue
Washington.
Rosenfeld, P.E., C.L. Henry, R. B. Harrison, and R. Dills. (1997). Comparison of Odor Emissions From Three
Different Biosolids Applied to Forest Soil. Soil Science Society of America. Lecture conducted from Anaheim
California.
Teaching Experience:
UCLA Department of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science
100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on
the health effects of environmental contaminants.
National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New
Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage
tanks.
National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1,
2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites.
California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San
Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design.
UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation
Technologies focusing on Groundwater Remediation.
University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry,
Organic Soil Amendments, and Soil Stability.
U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10.
Academic Grants Awarded:
California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment.
Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001.
Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University.
Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000.
King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of
Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on
VOC emissions. 1998.
Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of
polymers and ash on VOC emissions from biosolids. 1997.
James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered
Poplar trees with resistance to round-up. 1996.
United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the
Tahoe National Forest. 1995.
Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts
in West Indies. 1993
Paul E. Rosenfeld, Ph.D. Page 8 of 10 June 2019
Deposition and/or Trial Testimony:
In the United States District Court For The District of New Jersey
Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant.
Case No.: 2:17-cv-01624-ES-SCM
Rosenfeld Deposition. 6-7-2019
In the United States District Court of Southern District of Texas Galveston Division
M/T Carla Maersk, Plaintiffs, vs. Conti 168., Schiffahrts-GMBH & Co. Bulker KG MS “Conti Perdido”
Defendant.
Case No.: 3:15-CV-00106 consolidated with 3:15-CV-00237
Rosenfeld Deposition. 5-9-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica
Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants
Case No.: No. BC615636
Rosenfeld Deposition, 1-26-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica
The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants
Case No.: No. BC646857
Rosenfeld Deposition, 10-6-2018; Trial 3-7-19
In United States District Court For The District of Colorado
Bells et al. Plaintiff vs. The 3M Company et al., Defendants
Case: No 1:16-cv-02531-RBJ
Rosenfeld Deposition, 3-15-2018 and 4-3-2018
In The District Court Of Regan County, Texas, 112th Judicial District
Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants
Cause No 1923
Rosenfeld Deposition, 11-17-2017
In The Superior Court of the State of California In And For The County Of Contra Costa
Simons et al., Plaintiffs vs. Chevron Corporation, et al., Defendants
Cause No C12-01481
Rosenfeld Deposition, 11-20-2017
In The Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois
Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants
Case No.: No. 0i9-L-2295
Rosenfeld Deposition, 8-23-2017
In The Superior Court of the State of California, For The County of Los Angeles
Warrn Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC
Case No.: LC102019 (c/w BC582154)
Rosenfeld Deposition, 8-16-2017, Trail 8-28-2018
In the Northern District Court of Mississippi, Greenville Division
Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants
Case Number: 4:16-cv-52-DMB-JVM
Rosenfeld Deposition: July 2017
Paul E. Rosenfeld, Ph.D. Page 9 of 10 June 2019
In The Superior Court of the State of Washington, County of Snohomish
Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants
Case No.: No. 13-2-03987-5
Rosenfeld Deposition, February 2017
Trial, March 2017
In The Superior Court of the State of California, County of Alameda
Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants
Case No.: RG14711115
Rosenfeld Deposition, September 2015
In The Iowa District Court In And For Poweshiek County
Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants
Case No.: LALA002187
Rosenfeld Deposition, August 2015
In The Iowa District Court For Wapello County
Jerry Dovico, et al., Plaintiffs vs. Valley View Sine LLC, et al., Defendants
Law No,: LALA105144 - Division A
Rosenfeld Deposition, August 2015
In The Iowa District Court For Wapello County
Doug Pauls, et al.,, et al., Plaintiffs vs. Richard Warren, et al., Defendants
Law No,: LALA105144 - Division A
Rosenfeld Deposition, August 2015
In The Circuit Court of Ohio County, West Virginia
Robert Andrews, et al. v. Antero, et al.
Civil Action N0. 14-C-30000
Rosenfeld Deposition, June 2015
In The Third Judicial District County of Dona Ana, New Mexico
Betty Gonzalez, et al. Plaintiffs vs. Del Oro Dairy, Del Oro Real Estate LLC, Jerry Settles and Deward
DeRuyter, Defendants
Rosenfeld Deposition: July 2015
In The Iowa District Court For Muscatine County
Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant
Case No 4980
Rosenfeld Deposition: May 2015
In the Circuit Court of the 17th Judicial Circuit, in and For Broward County, Florida
Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant.
Case Number CACE07030358 (26)
Rosenfeld Deposition: December 2014
In the United States District Court Western District of Oklahoma
Tommy McCarty, et al., Plaintiffs, v. Oklahoma City Landfill, LLC d/b/a Southeast Oklahoma City
Landfill, et al. Defendants.
Case No. 5:12-cv-01152-C
Rosenfeld Deposition: July 2014
Paul E. Rosenfeld, Ph.D. Page 10 of 10 June 2019
In the County Court of Dallas County Texas
Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant.
Case Number cc-11-01650-E
Rosenfeld Deposition: March and September 2013
Rosenfeld Trial: April 2014
In the Court of Common Pleas of Tuscarawas County Ohio
John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants
Case Number: 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987)
Rosenfeld Deposition: October 2012
In the United States District Court of Southern District of Texas Galveston Division
Kyle Cannon, Eugene Donovan, Genaro Ramirez, Carol Sassler, and Harvey Walton, each Individually and
on behalf of those similarly situated, Plaintiffs, vs. BP Products North America, Inc., Defendant.
Case 3:10-cv-00622
Rosenfeld Deposition: February 2012
Rosenfeld Trial: April 2013
In the Circuit Court of Baltimore County Maryland
Philip E. Cvach, II et al., Plaintiffs vs. Two Farms, Inc. d/b/a Royal Farms, Defendants
Case Number: 03-C-12-012487 OT
Rosenfeld Deposition: September 2013
EXHIBIT C
1640 5th St.., Suite 204 Santa
Santa Monica, California 90401
Tel: (949) 887‐9013
Email: mhagemann@swape.com
Matthew F. Hagemann, P.G., C.Hg., QSD, QSP
Geologic and Hydrogeologic Characterization
Industrial Stormwater Compliance
Investigation and Remediation Strategies
Litigation Support and Testifying Expert
CEQA Review
Education:
M.S. Degree, Geology, California State University Los Angeles, Los Angeles, CA, 1984.
B.A. Degree, Geology, Humboldt State University, Arcata, CA, 1982.
Professional Certifications:
California Professional Geologist
California Certified Hydrogeologist
Qualified SWPPP Developer and Practitioner
Professional Experience:
Matt has 25 years of experience in environmental policy, assessment and remediation. He spent nine
years with the U.S. EPA in the RCRA and Superfund programs and served as EPA’s Senior Science
Policy Advisor in the Western Regional Office where he identified emerging threats to groundwater from
perchlorate and MTBE. While with EPA, Matt also served as a Senior Hydrogeologist in the oversight of
the assessment of seven major military facilities undergoing base closure. He led numerous enforcement
actions under provisions of the Resource Conservation and Recovery Act (RCRA) while also working
with permit holders to improve hydrogeologic characterization and water quality monitoring.
Matt has worked closely with U.S. EPA legal counsel and the technical staff of several states in the
application and enforcement of RCRA, Safe Drinking Water Act and Clean Water Act regulations. Matt
has trained the technical staff in the States of California, Hawaii, Nevada, Arizona and the Territory of
Guam in the conduct of investigations, groundwater fundamentals, and sampling techniques.
Positions Matt has held include:
•Founding Partner, Soil/Water/Air Protection Enterprise (SWAPE) (2003 – present);
•Geology Instructor, Golden West College, 2010 – 2014;
•Senior Environmental Analyst, Komex H2O Science, Inc. (2000 ‐‐ 2003);
• Executive Director, Orange Coast Watch (2001 – 2004);
• Senior Science Policy Advisor and Hydrogeologist, U.S. Environmental Protection Agency (1989–
1998);
• Hydrogeologist, National Park Service, Water Resources Division (1998 – 2000);
• Adjunct Faculty Member, San Francisco State University, Department of Geosciences (1993 –
1998);
• Instructor, College of Marin, Department of Science (1990 – 1995);
• Geologist, U.S. Forest Service (1986 – 1998); and
• Geologist, Dames & Moore (1984 – 1986).
Senior Regulatory and Litigation Support Analyst:
With SWAPE, Matt’s responsibilities have included:
• Lead analyst and testifying expert in the review of over 100 environmental impact reports
since 2003 under CEQA that identify significant issues with regard to hazardous waste, water
resources, water quality, air quality, Valley Fever, greenhouse gas emissions, and geologic
hazards. Make recommendations for additional mitigation measures to lead agencies at the
local and county level to include additional characterization of health risks and
implementation of protective measures to reduce worker exposure to hazards from toxins
and Valley Fever.
• Stormwater analysis, sampling and best management practice evaluation at industrial facilities.
• Manager of a project to provide technical assistance to a community adjacent to a former
Naval shipyard under a grant from the U.S. EPA.
• Technical assistance and litigation support for vapor intrusion concerns.
• Lead analyst and testifying expert in the review of environmental issues in license applications
for large solar power plants before the California Energy Commission.
• Manager of a project to evaluate numerous formerly used military sites in the western U.S.
• Manager of a comprehensive evaluation of potential sources of perchlorate contamination in
Southern California drinking water wells.
• Manager and designated expert for litigation support under provisions of Proposition 65 in the
review of releases of gasoline to sources drinking water at major refineries and hundreds of gas
stations throughout California.
• Expert witness on two cases involving MTBE litigation.
• Expert witness and litigation support on the impact of air toxins and hazards at a school.
• Expert witness in litigation at a former plywood plant.
With Komex H2O Science Inc., Matt’s duties included the following:
• Senior author of a report on the extent of perchlorate contamination that was used in testimony
by the former U.S. EPA Administrator and General Counsel.
• Senior researcher in the development of a comprehensive, electronically interactive chronology
of MTBE use, research, and regulation.
• Senior researcher in the development of a comprehensive, electronically interactive chronology
of perchlorate use, research, and regulation.
• Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking
water treatment, results of which were published in newspapers nationwide and in testimony
against provisions of an energy bill that would limit liability for oil companies.
• Research to support litigation to restore drinking water supplies that have been contaminated by
MTBE in California and New York.
2
• Expert witness testimony in a case of oil production‐related contamination in Mississippi.
• Lead author for a multi‐volume remedial investigation report for an operating school in Los
Angeles that met strict regulatory requirements and rigorous deadlines.
3
• Development of strategic approaches for cleanup of contaminated sites in consultation with
clients and regulators.
Executive Director:
As Executive Director with Orange Coast Watch, Matt led efforts to restore water quality at Orange
County beaches from multiple sources of contamination including urban runoff and the discharge of
wastewater. In reporting to a Board of Directors that included representatives from leading Orange
County universities and businesses, Matt prepared issue papers in the areas of treatment and disinfection
of wastewater and control of the discharge of grease to sewer systems. Matt actively participated in the
development of countywide water quality permits for the control of urban runoff and permits for the
discharge of wastewater. Matt worked with other nonprofits to protect and restore water quality, including
Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business
institutions including the Orange County Business Council.
Hydrogeology:
As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to
characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point
Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army
Airfield, and Sacramento Army Depot. Specific activities were as follows:
• Led efforts to model groundwater flow and contaminant transport, ensured adequacy of
monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and
groundwater.
• Initiated a regional program for evaluation of groundwater sampling practices and laboratory
analysis at military bases.
• Identified emerging issues, wrote technical guidance, and assisted in policy and regulation
development through work on four national U.S. EPA workgroups, including the Superfund
Groundwater Technical Forum and the Federal Facilities Forum.
At the request of the State of Hawaii, Matt developed a methodology to determine the vulnerability of
groundwater to contamination on the islands of Maui and Oahu. He used analytical models and a GIS to
show zones of vulnerability, and the results were adopted and published by the State of Hawaii and
County of Maui.
As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the
Safe Drinking Water Act and NEPA to prevent drinking water contamination. Specific activities included
the following:
• Received an EPA Bronze Medal for his contribution to the development of national guidance for
the protection of drinking water.
• Managed the Sole Source Aquifer Program and protected the drinking water of two communities
through designation under the Safe Drinking Water Act. He prepared geologic reports,
conducted public hearings, and responded to public comments from residents who were very
concerned about the impact of designation.
4
• Reviewed a number of Environmental Impact Statements for planned major developments,
including large hazardous and solid waste disposal facilities, mine reclamation, and water
transfer.
Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows:
• Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance
with Subtitle C requirements.
• Reviewed and wrote ʺpart Bʺ permits for the disposal of hazardous waste.
• Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed
the basis for significant enforcement actions that were developed in close coordination with U.S.
EPA legal counsel.
• Wrote contract specifications and supervised contractor’s investigations of waste sites.
With the National Park Service, Matt directed service‐wide investigations of contaminant sources to
prevent degradation of water quality, including the following tasks:
• Applied pertinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the
Clean Water Act to control military, mining, and landfill contaminants.
• Conducted watershed‐scale investigations of contaminants at parks, including Yellowstone and
Olympic National Park.
• Identified high‐levels of perchlorate in soil adjacent to a national park in New Mexico
and advised park superintendent on appropriate response actions under CERCLA.
• Served as a Park Service representative on the Interagency Perchlorate Steering Committee, a
national workgroup.
• Developed a program to conduct environmental compliance audits of all National Parks while
serving on a national workgroup.
• Co‐authored two papers on the potential for water contamination from the operation of personal
watercraft and snowmobiles, these papers serving as the basis for the development of nation‐
wide policy on the use of these vehicles in National Parks.
• Contributed to the Federal Multi‐Agency Source Water Agreement under the Clean Water
Action Plan.
Policy:
Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection
Agency, Region 9. Activities included the following:
• Advised the Regional Administrator and senior management on emerging issues such as the
potential for the gasoline additive MTBE and ammonium perchlorate to contaminate drinking
water supplies.
• Shaped EPA’s national response to these threats by serving on workgroups and by contributing
to guidance, including the Office of Research and Development publication, Oxygenates in
Water: Critical Information and Research Needs.
• Improved the technical training of EPAʹs scientific and engineering staff.
• Earned an EPA Bronze Medal for representing the region’s 300 scientists and engineers in
negotiations with the Administrator and senior management to better integrate scientific
principles into the policy‐making process.
• Established national protocol for the peer review of scientific documents.
5
Geology:
With the U.S. Forest Service, Matt led investigations to determine hillslope stability of areas proposed for
timber harvest in the central Oregon Coast Range. Specific activities were as follows:
• Mapped geology in the field, and used aerial photographic interpretation and mathematical
models to determine slope stability.
• Coordinated his research with community members who were concerned with natural resource
protection.
• Characterized the geology of an aquifer that serves as the sole source of drinking water for the
city of Medford, Oregon.
As a consultant with Dames and Moore, Matt led geologic investigations of two contaminated sites (later
listed on the Superfund NPL) in the Portland, Oregon, area and a large hazardous waste site in eastern
Oregon. Duties included the following:
• Supervised year‐long effort for soil and groundwater sampling.
• Conducted aquifer tests.
• Investigated active faults beneath sites proposed for hazardous waste disposal.
Teaching:
From 1990 to 1998, Matt taught at least one course per semester at the community college and university
levels:
• At San Francisco State University, held an adjunct faculty position and taught courses in
environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater
contamination.
• Served as a committee member for graduate and undergraduate students.
• Taught courses in environmental geology and oceanography at the College of Marin.
Matt taught physical geology (lecture and lab and introductory geology at Golden West College in
Huntington Beach, California from 2010 to 2014.
Invited Testimony, Reports, Papers and Presentations:
Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Presentation to the Public
Environmental Law Conference, Eugene, Oregon.
Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Invited presentation to U.S.
EPA Region 9, San Francisco, California.
Hagemann, M.F., 2005. Use of Electronic Databases in Environmental Regulation, Policy Making and
Public Participation. Brownfields 2005, Denver, Coloradao.
Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water
in Nevada and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Las
Vegas, NV (served on conference organizing committee).
Hagemann, M.F., 2004. Invited testimony to a California Senate committee hearing on air toxins at
schools in Southern California, Los Angeles.
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Brown, A., Farrow, J., Gray, A. and Hagemann, M., 2004. An Estimate of Costs to Address MTBE
Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells.
Presentation to the Ground Water and Environmental Law Conference, National Groundwater
Association.
Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water
in Arizona and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust,
Phoenix, AZ (served on conference organizing committee).
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water
in the Southwestern U.S. Invited presentation to a special committee meeting of the National Academy
of Sciences, Irvine, CA.
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a
tribal EPA meeting, Pechanga, CA.
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a
meeting of tribal repesentatives, Parker, AZ.
Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water
Supplies. Invited presentation to the Inter‐Tribal Meeting, Torres Martinez Tribe.
Hagemann, M.F., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant.
Invited presentation to the U.S. EPA Region 9.
Hagemann, M.F., 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited
presentation to the California Assembly Natural Resources Committee.
Hagemann, M.F., 2003. Perchlorate: A Cold War Legacy in Drinking Water. Presentation to a meeting of
the National Groundwater Association.
Hagemann, M.F., 2002. From Tank to Tap: A Chronology of MTBE in Groundwater. Presentation to a
meeting of the National Groundwater Association.
Hagemann, M.F., 2002. A Chronology of MTBE in Groundwater and an Estimate of Costs to Address
Impacts to Groundwater. Presentation to the annual meeting of the Society of Environmental
Journalists.
Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater
(and Who Will Pay). Presentation to a meeting of the National Groundwater Association.
Hagemann, M.F., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage
Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and
State Underground Storage Tank Program managers.
Hagemann, M.F., 2001. From Tank to Tap: A Chronology of MTBE in Groundwater. Unpublished
report.
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Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water.
Unpublished report.
Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Underground Storage
Tanks. Unpublished report.
Hagemann, M.F., and VanMouwerik, M., 1999. Potential Water Quality Concerns Related
to Snowmobile Usage. Water Resources Division, National Park Service, Technical Report.
VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft
Usage. Water Resources Division, National Park Service, Technical Report.
Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright
Society Biannual Meeting, Asheville, North Carolina.
Hagemann, M.F., 1997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund
Groundwater Technical Forum Annual Meeting, Las Vegas, Nevada.
Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air
Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City.
Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to Anthropogenic
Contaminants on the Island of Maui, Hawaii. Hawaii Water Works Association Annual Meeting, Maui,
October 1996.
Hagemann, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu,
Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air
and Waste Management Association Publication VIP‐61.
Hagemann, M.F., 1994. Groundwater Characterization and Cleanup a t Closing Military Bases
in California. Proceedings, California Groundwater Resources Association Meeting.
Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater
Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of
Groundwater.
Hagemann, M.F., 1993. U.S. EPA Policy on the Technical Impracticability of the Cleanup of DNAPL‐
contaminated Groundwater. California Groundwater Resources Association Meeting.
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Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of
Prevention... Proceedings, Association of Engineering Geologists Annual Meeting, v. 35.
Other Experience:
Selected as subject matter expert for the California Professional Geologist licensing examination, 2009‐
2011.
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