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SP 2008-085 Highway 111 & Dune Palms Rd (2010) - Final EIRCITY OF LA QUINTA RIVERSIDE COUNTY, CALIFORNIA FINAL ENVIRONMENTAL IMPACT REPORT (SCH# 2008101109) DUNE PALMS DRIVE & HIGHWAY 111 SPECIFIC PLAN r 1 Prepared For City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Prepared By Tema Nova Planning & Research, Inc. 400 South Farrell, Suite B-205 Palm Springs, CA 92262 April 2010 TN/City of La Quinta Dune Palms Drive & Highway I I I Specific Plan Final EIR Response to Comments on Draft EIR FINAL EIR RESPONSE TO COMMENTS ON DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE DUNE PALMS DRIVE & HIGHWAY 111 SPECIFIC PLAN April 30, 2010 STATE CLEARINGHOUSE NO. 2008101109 AGENCY COMMENTS/RESPONSE TO COMMENTS The Response to Comments on the Draft EIR for the Dune Palms Drive and Highway 111 Specific Plan has been prepared in accordance with Section 15088, 15089 and 15132 of the California Environmental Quality Act (CEQA) Guidelines. The following agencies and interested parties have commented on the Draft EIR. Please note that Section I contains verbatim comments from agency and other interested parties, and subsequent responses. Section II contains the full text of commenting agency correspondence. SECTION I: AGENCIES/PARTIES PAGE A. Riverside County Fire Department 4 B. SunLine Transit Agency 5 C. City of Indio 6 D. Native American Heritage Commission 10 E. Department of Toxic Substance Control 13 F. State of California Governor's Office of Planning and Research 16 SECTION II: A. Riverside County Fire Department B. SunLine Transit Agency C. City of Indio D. Native American Heritage Commission E. Department of Toxic Substance Control F. State of California Governor's Office of Planning and Research 2 TTI/City of La Quinta Dune Palms Drive & Highway I I I Specific Plan Final EIR Resaonse to Comments on Draft EIR SECTION I RESPONSE TO COMMENTS The following verbatim comments were received on the Draft EIR transmitted to various public agencies and interested parties. These comments concern aspects of the Draft EIR, including clarification of information, adequacy of analysis, and similar issues. Related comments may occasionally be combined to allow one response to address these related questions. The following responses have been prepared to address issues raised in the agency/interested party comments. 3 TN/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Response to Comments on Draft EIR A. Riverside County Fire Department A.1. Comment: With respect to the referenced project, the Riverside County Fire Department has no further comments. All of the impacts have been adequately addressed. A.I. Response: Comment noted. A.2 Comment: The California Fire Code outlines fire protection standards for the safety, health, and welfare of the public. These standards will be enforced by the Fire Chief. A.2. Response: Comment noted. The City will continue to coordinate with the Fire Department as specific projects are proposed within the Specific Plan boundary, and will incorporate the Department's requirements into project plans and conditions of approval. 4 TN/City of La Quinta Dune Palms Drive & Highway I I 1 Specific Plan Final EIR Resnonse to Comments on Draft EIR B. SunLine Transit Agency B.1. Comment: Based on our review of existing transit amenities in the vicinity, SunLine currently provides service along Highway 111, served by Line 111, approximately a tenth of a mile from the project site. We are not requesting inclusion of any transit amenities, such as a bus stop or turn out, at the (sic) time. Furthermore, we offer Americans with Disabilities Act (ADA) Complementary Dial -A -Ride paratransit service for Coachella Valley residents, who may utilize service for medical appointments and other activities; this service is only provided for qualified clients within three-quarters (3/4) of a mile on either side of SunLine fixed routes. B.I. Response: Comment noted. The City will continue to consult with SunLine when specific projects are proposed for the project site, and will have a continued opportunity to comment on these plans as they move forward. B.2. Comment: SunLine requests that if the proposed development should impact any bus stops and/or service provided by SunLine, the developer contact SunLine 15 days prior to the beginning of construction. This will give SunLine sufficient time to schedule any adjustments as well as inform passengers of any change in service. SunLine will continue monitoring development activities within the vicinity of this project, and work with City staff to require construction of transit amenities with future developments, if warranted. B.2. Response: Comment noted. Please see Response B.1., above. The City will coordinate any road improvements for specific projects within the Specific Plan area with SunLine to assure that it is aware of any activity in this regard. TN/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Response to Comments on Draft EIR C. City of Indio C.1. Comment: The traffic counts for the analysis were done "off season" (July 2008). Page 31 of the Traffic Study indicates all traffic counts were factored up by 40% to adjust for both lower summer volumes and Highway 111 construction which had just begun. The AM and PM peak hour volumes from the CVAG annual census counts on Avenue 48 east of Jefferson Street in January 2008 and February 2009 are identical. In comparison to the July 2008 turning movement count used in the Draft EIR analysis of Jefferson Street and Avenue 48, the in -season volumes on Avenue 48 are only 20% more than the July 2008 turning movement counts used in the analysis. Adjusting the baseline traffic counts up by 40% unnecessarily inflates the existing traffic volumes, and the volumes used in the analysis of conditions in 2011 and in 2016. C.1. Response: Comment noted. The City's Public Works Department published a Technical Memorandum in December of 2006 — Engineering Bulletin #06-13. That Bulletin provides direction in the preparation of traffic studies, and establishes standards for traffic counts to account for the seasonality of the City's traffic volumes. The Bulletin is applied to all traffic studies prepared in the City, in order to assure consistency in analysis. Under the current Bulletin's requirements, traffic counts performed from January 1 through March 31 of any given year can be used without modification; traffic counts taken in April and November must be increased 10%; traffic counts taken in May and October must be increased 20%; traffic counts taken in June and September must be increased by 30%; and traffic counts taken in July and August must be increased by 40%. The Bulletin has been updated regularly since 2006, as conditions have changed, and refinements have been made and implemented. The City regularly monitors annual growth in traffic volumes through annual counts and now through a system of cameras which have been installed at a number of intersections. These counts and monitoring efforts are used to verify the requirements of the Bulletin, and assure that traffic studies accurately reflect current and anticipated future conditions. The City averages the volumes over several years, in order to assure that single year anomalies due to roadway construction or detours, the current economic downturn and other factors do not unduly influence the data. The current comparison demonstrates a summer to winter increase of 38%., which was rounded to 40% for analysis purposes. The use of the 40% increase assures that the City considers the most conservative analysis in its review of traffic impacts. Please see Table 1, below, for the current comparison of traffic volumes. As stated above, the counts are taken from a number of sources, including CVAG, individual counts performed by the City and traffic consultants as part of project analysis, and the cameras recently installed in the City. 6 TN/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Resoonse to Comments on Draft EIR Table 1 Summer vs. Winter Count Comparison Street Summer Winter Difference Jefferson S. of Hwy 16,154 (2005) 28,571 (2005) -43% 111 Washington Street 25,986 (2008) 39,266(2008) -34% South of Hwy 111 Dune Palms South of 5,505 (2008) 9,109 (2008) -40% 111 —Hwy Hwy 111 East of Dune 25,345 (2008) 37,539(2009) -32% Palms Jefferson South of 18,194 (2008) 28,891(2008) -37% Avenue 48 Miles Avenue East of 5,200 (2008) 8,953 (2008) -41% Washington Average 38% The City will continue to monitor traffic volumes, and will adjust the Bulletin's requirements based on current data. For the proposed project, however, the City has utilized the correct threshold of 40%, as demonstrated by actual volume analysis. C.2. Comment: Three intersections partially or totally in Indio are included in the traffic analysis — Highway 111/Jefferson Street, Highway 11I/Madison Street, and Jefferson Street/Avenue 48. The project does not create any significant impacts in the near term (2011) at any of these three intersections. However, in the 2016 analysis, there are significant cumulative traffic impacts caused by the project at Highway 111/Jefferson Street and at Jefferson Street/Avenue 48. Recommended mitigation measures for both these intersections are faulty as follows: a. Highway 111 and Jefferson Street — Page III -144 recommends paying a "fair share" contribution of 3.2% to install eastbound to southbound right turn overlap phasing (green arrow). This right turn green arrow has been in place for several years, and right turn green arrow overlaps were added in the other three directions with the City of Indio's Highway 111 bridge widening project completed in mid -2009. While the traffic study is dated July 16, 2009, the analysis of Highway 111 and Jefferson Street must be updated in the March 2010 Draft EIR to reflect the existing improvements at this intersection that include two left turn lanes, three through lanes, and a single right turn lane with green arrow overlap for each leg. The mitigation measure in the Draft EIR is not appropriate as it already exists, and alternative mitigation for the cumulative traffic impact must be developed. C.2. Response: The traffic study was prepared prior to the improvements on Highway 111, as stated in the EIR on page III -132. Also as stated in the EIR, the improvements "address the existing deficiencies" on Highway 111. 7 TN/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Response to Comments on Draft EIR The traffic study does consider these improvements in its analysis of opening year conditions. As shown in Table 6-3 of the traffic study, an acceptable Level of Service C is achieved at Highway 111 and Jefferson Street with the recently completed traffic improvements. In 2016, however, as no additional improvements are programmed in either Indio or La Quinta, cumulative growth results in a Level of Service of F in the PM peak hour at this intersection, with the improvements which were recently completed (please also see Table 6-10 in the traffic study). The project is not directly responsible for this deficiency, but the addition of ambient growth and as yet un -built but approved projects in both cities leads to a cumulatively significant impact, as correctly identified in the EIR. The mitigation measure in the Draft EIR addresses Jefferson Street and Avenue 48 (page III -149), not the intersection of Highway 111 and Jefferson Street. Further discussion of the Jefferson Street and Avenue 48 intersection is provided under Response C.3., below. C.3. Comment: b. Jefferson Street and Avenue 48 — reducing the "off-season"/Highway 111 construction factor of 40% to 20% at this intersection may eliminate the significant traffic impact and the need for mitigation at this intersection. If a significant cumulative traffic impact remains, then it may be possible to mitigate project traffic impacts by either installing only an eastbound right turn green arrow overlap in the City of La Quinta or by installing only a westbound right turn lane in the City of Indio. The portion of the mitigation measure to add the eastbound right turn green arrow in the City of La Quinta does not require any action from the City of Indio. This improvement can be implemented at any time by the City of La Quinta, and the project impacts cannot be considered "significant and unavoidable" if only the eastbound right turn green arrow overlap mitigates the significant impact. C.3. Response: Please see Response C.1., above. The City's 40% factor is appropriate, and supported by multi-year data on traffic growth in the City. A reduction in the factor to 20% is not supported by the traffic data collected by the City in the last several years, and would potentially under -estimate the impacts at this intersection. Further, as described in Table 6-10 of the traffic study, additional improvements, beyond those recently completed, would be required at this intersection. They include a right turn lane within the City of Indio. The City of Indio has no capital improvement programmed and funded for this improvement, and the City of La Quinta cannot compel the City of Indio to construct this improvement. As a result, under the requirements of CEQA, the City of La Quinta must find that the impacts to the Jefferson Street/Avenue 48 intersection cannot be mitigated to the City's standard in 2016, and that a significant and unavoidable impact will occur as a result of cumulative traffic growth in the area. CA. Comment: With the Circulation Plan Update adopted by the Indio City Council in September 2008, Level of Service `B" is acceptable in the City of Indio if the costs of 8 TN/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Response to Comments on Draft EIR mitigation to achieve Level of Service "D" are unreasonable. There are several utilities including large IID vaults/pedestals along the north side of Avenue 48 just east of Jefferson Street in the area where the westbound right turn lane has been proposed in the La Quinta Draft EIR. This westbound right turn lane may also require right of way acquisition from the adjacent mobile home park. Relocation of the utility facilities and the potential right of way acquisition to accommodate the westbound right turn lane may be very costly and, if so, then Level of Service "E" at this intersection would potentially be acceptable to the City of Indio. CA. Response: The City of Indio has modified the text of its General Plan to allow Level of Service E at certain intersections, when special circumstances occur (including the need for "excessive ROW acquisition," excessive cost, and environmental impactsf The City Council has not adopted such a finding for the Jefferson Street/Avenue 48 intersection, and would consider such a finding on a project -by - project basis2. As the City of La Quinta standard is Level of Service D3, and the intersection occurs partially in La Quinta, the La Quinta standard must be considered in the analysis. Since in 2016 the intersection will operate at Level of Service E in the PM peak hour, the EIR correctly finds that the impact will be significant and unavoidable. I City of Indio Resolution 9321, adopted by the City Council on September 17, 2008. 2 Personal communication, Mr. Tom Brohard, April 22, 2010. 3 City of La Quinta General Plan Circulation Element, March 2002. 9 TN/City of La Quinta Dune Palms Drive & Highway 1 I I Specific Plan Final EIR Response to Comments on Draft EIR D. Native American Heritage Commission DA. Comment: The Native American Heritage Commission did perform a Sacred Lands File (SLF) search in the NAHC SLF Inventory, established by the Legislature pursuant to Public Resources Code §5097.94(a) and Native American Cultural Resources were not identified within the APE. However, there are Native American Cultural resources in close proximity to the APE. Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries once a project is underway (sic). Enclosed are the names of the nearest tribes and interested Native American individuals that the NAHC recommends as `consulting parties," for this purpose, that may have knowledge of the religious and cultural significance of the historic properties in the project area (e.g. APE). We recommend that you contact persons on the attached list of Native American contacts. A Native American Tribe or Tribal Elder may be the only source of information about a cultural resource. D.I. Response: As stated in the EIR, an archaeological study was completed for the proposed project site. The study included Native American consultation with 14 tribes (CRM Tech, page 9), whose contact information was provided by NAHC. CRM Tech received one response from the Torres Martinez Desert Cahuilla Indians, recommending that a monitor be on site during ground disturbing activities. This recommendation is included as mitigation measure #1 in the EIR. The City also completed Native American Consultation under SB 18, as stated on page III -46. Only the Torres Martinez Desert Cahuilla Indians responded to the request for consultation, and made similar recommendations to those made to CRM Tech. They did not, however, request formal consultation. The City has comprehensively addressed consultation for this project. D.2. Comment: Also, the NAHC recommends that a Native American Monitor or Native American culturally knowledgeable person be employed whenever a professional archaeologist is employed during the `Initial Study' and in other phases of the environmental planning processes. D.2. Response: Comment noted. See response D.1., above. A Native American Monitor will be on site during all ground disturbing activities associated with the project. D.3. Comment: Furthermore we suggest that you contact the California Historic Resources Information Center (CHRIS) at the Office of Historic Preservation (OHP) Coordinator's office... D.3. Response: Comment noted. No historic resources occur on the project site. DA. Comment: Consultation with tribes and interested Native American tribes (sic) and interested Native American individuals, as consulting parties, on the NAHC list, should be conducted in compliance with the requirements of federal NEPA (42 U.S.C. 4321-43351) and Section 106 and 4(f) of federal NHPA (16 U.S.C. 470 [f)]et se), 10 TN/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Resnonse to Comments on Draft EIR 36 CFR Part 800.3, the President's Council on Environmental Quality (CSQ; 42 U.S.C. 4371 et seq.) and NAGPRA (25 E.S.C. 3001-3013), as appropriate. The 1992 Secretary of the Interior's Standards for the Treatment of Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes. DA. Response: Comment noted. See response D.1., above. D.5. Comment: Lead agencies should consider avoidance, as defined in Section 15370 of the California Environmental Quality Act (CEQA) when significant cultural resources could be affected by a project. D.5. Response: Comment noted. As stated in the EIR, page 11I-49, "[t]he monitor shall be empowered to temporarily halt or divert equipment upon the discovery of cultural resources to allow for City notification and analysis." The mitigation measures in the EIR will assure that no impact to archaeological resources occur as a result of project activities. D.6. Comment: Also, Public Resources Code Section 5097.98 and Health and Safety Code Section 7050.5 provide for provisions for accidentally discovered archaeological resources during construction and mandate the processes to be followed in the event of an accidental discovery of any human remains in a project location other than a `dedicated cemetery. (sic) Discussion of these should be included in your environmental documents, as appropriate. D.6. Response: See Response D.1., above. As stated in the EIR, page III -49: "The project site is not known to have been the location of a burial ground. California law requires that contractors immediately notify law enforcement officials should human remains be identified when grading occurs on the project site. The County coroner is required to determine if remains could be of Native American origin, and contact Tribal officials if necessary. These requirements assure that there will be no impact to human remains." D.7. Comment: CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE. CEQA Guidelines provide for agreements with Native American (sic), identified by the NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. D.7. Response: Comment noted. See Response D.6., above. D.8. Comment: Although tribal consultation under the California Environmental Quality Act (CEQA; CA Public Resources Code Section 21000-21177) is `advisory' rather than mandated, the NAHC does request `lead agencies' to work with tribes and 11 TTI/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Response to Comments on Draft EIR interested Native American individuals as `consulting parties,' on the list provided by the NAHC in order that cultural resources will be protected. D.8. Response: Comment noted. See Response D.1., above. D.9. Comment: However, the (sic) 2006 SB 1059 the state enabling legislation to the Federal Energy Policy Act of 2005, does mandate tribal consultation for the (sic) `electric transmission corridors. (sic) This is codified in the California Public Resources Code, Chapter 4.3, and §25330 to Division 15, requires consultation with California Native American tribes, and identifies both federally recognized and non -federally recognized on a,list maintained by the NAHC D.9. Response: As clearly stated in the EIR's project description, the proposed project consists of a 10 acre residential project , a 10 acre commercial project, and associated roadway improvements. There is no "electric transmission corridor" proposed as part of the proposed project. D.10. Comment: Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. (sic) § 15064.5 (d) of the California Code of Regulations (CEQA Guidelines) mandate procedures to be followed, including that construction or excavation be stopped in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery until the county coroner or medical examiner can determine whether the remains are those of a Native American. Note that §7052 of the Health & Safety Code states that disturbance of Native American cemeteries is a felony. D.10. Response: Comment noted. See Response D.6., above. DAL Comment: Amain lead aLyencies should consider_ avoidance as defined in §15370 of the California Code of Regulations (CEQA Guidelines),. when significant cultural resources are discovered durinna the course of project planning and implementation DAL Response: Comment noted. See Response D.5., above. 12 TN/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Response to Comments on Draft EIR E. Department of Toxic Substances Control E.1. Comment: The draft EIR should identify the current or historic uses in the project area that may have resulted in any release of hazardous wastes/substances, and any known or potentially contaminated sites within the Project Area. For all identified sites, the EIR should evaluate whether conditions at the site may pose a threat to human health or the environment. Following are the databases of some of the pertinent regulatory agencies.... E.I. Response: As clearly stated in the EIR, the proposed project site was at one time in agriculture. Furthermore, the EIR summarizes the results of Phase I and Phase II Environmental Site Assessments (ESA) completed on the site, their findings, and the recommended actions required. The project site is not listed as a contaminated area on any database, as stated on page III -64 of the EIR. E.2. Comment: The EIR should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If necessary, DTSC would require an oversight agreement in order to review such documents. Please see comment No. 11 below for more inforrmation. E.2. Response: Comment noted. Please see response E.1, above. E.3. Comment: All environmental investigation, sampling and/or remediation for a site should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of any investigations, including any Phase I or II Environmental Site Assessment investigation should be summarized in the document. All sampling results in which hazardous substances were found should be clearly summarized in a table. E.3. Response: Comment noted. Please see Response E.1, above. EA. Comment: Proper investigation, sampling and remedial actions overseen by the respective regulatory agencies, if necessary, should be conducted at the site prior to the new development or any construction. All closure, certification or remediation approval reports by these agencies should be included in the EIR. EA. Response: Comment noted. Please see response E.1, above. E.S. Comment: If buildings or other structures, asphalt or concrete -paved surface areas are being planned to be demolished, an investigation should be conducted for the presence of other related hazardous chemicals, lead-based paints or products, mercury, and asbestos containing materials (AGMs). If other hazardous chemicals, lead-based paints or products, mercury or ACMs are identified, proper precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with California environmental regulations and policies. 13 TN/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Res[)onse to Comments on Draft EIR E.5. Response: Comment noted. As clearly stated in the EIR, only remnant foundations remain on the site. No chemicals, lead based paints or products, mercury or ACMs were identified in association with these remnant foundations. Subsurface items identified in the ESAs consisted of metal and PVC pipes, which were not hazardous. No significant demolition will occur on the site, and any remnants of previous construction will be removed and disposed of in approved landfills. E.6. Comment: Project construction may require soil excavation or filling in certain areas. Sampling may be required. If soil is contaminated, it must be properly disposed and not simply placed in another location onsite. Land Disposal Restrictions (LDRs) may be applicable to such soils. Also, if the project proposes to import soil to backfill the areas excavated, sampling should be conducted to ensure that the imported soil is free of contamination. E.6. Response: Comment noted. Please see response E.5, above. In addition, as clearly stated on page III -64 of the EIR, soil samples were undertaken as part of the EDAs. These soil samples found trace amounts of DDT, DDE and Technical Chlorade, which together were in concentrations far below Total Threshold Limit Concentration, and do not require remediation. E.7. Comment: Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. If it is found necessary, a study of the site and a health risk assessment overseen and approved by the appropriate government agency and a qualified health risk assessor should be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. E.7. Response: Comment noted. See Response E.1., above. E.8. Comment: If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, title 22, division 4.5). If it is determined that hazardous wastes will be generated, the facility should also obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. Certain hazardous waste treatment processes pr hazardous materials, handling, storage or uses may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. E.S. Response: As clearly stated in the EIR, the project consists of residential and commercial development. No hazardous wastes will be generated by either of these land uses. 14 TTI/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Resoonse to Comments on Draft EIR E.9. Comment: If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. E.9. Response: Comment noted. See Response E.1., above. E.10. Comment: If a site was used for agricultural, livestock or related activities, onsite soils and groundwater might contain pesticides,, agricultural chemical, organic waste or other related residue. Proper investigtion and remedial actions, if necessary, should be conducted under the oversight of and approved by a government agency at the site prior to construction of the project. E.10. Response: Comment noted. See Response E.6., above. E.11. Comment: DTSC can provide guidance for cleanup oversight through an Environmental Oversight Agreement (EOA) for government agencies that are not responsible parties under CERLA, or a Voluntary Cleanup Agreement (VCA) for private parties. For additional information of the EOA or VCA, please see www.dtsc.ca.2ov/SiteC]eantip/ProLvnfields, or contact Ms. Maryam Tasnif- Abbaso, DTSC's Voluntary Cleanup Coordinator, at (714) 484-5489. E.11. Response: Comment noted. There is no need for an Environmental Oversight Agreement. E.12. Comment: Also, in future CEQA documents, please provide your e-mail address, so DTSC can send you comments both electronically and by mail. E.12. Response: Comment noted. 15 TN/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Response to Comments on Draft EIR F. State Of California Governor's Office Of Planning And Research F.I. Comment: These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. F.1. Response: Comment noted. The letters attached were from the Native American Heritage Commission and the Department of Toxic Substance Control, and have been included in this document above. F.2. Comment: This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. F.2. Response: Comment noted. 16 TN/City of La Quinta Dune Palms Drive & Highway 111 Specific Plan Final EIR Response to Comments on Draft EIR SECTION II COMMENT LETTERS The following comment letters were received on the Draft EIR transmitted to various public agencies and interested parties. Comments restated in Section I are bracketed in this section and correspond to the comment numbers in Section I. 17 MEME COUNTY Fitt DEPS A. IN CCKX4 X" WnM THE CALSEOe#MA DIPAMMM OF FOIMFM AND FUN PROMWOW J'i] m lir Hkwklm ~ Fire trills! 210 Wast Sen I r' kra Avww - Pw*. CA ZM 16 1 W) No -ow -i1RIW1V6Rie Q rrwuaur off" twc ear: A"asserCam"s erALblow cwPau C*NML M COACHn A D&WffWWSPRWW Neawov/rus 1400 ELStim LAQtWA MMM rMMO r M PERM R#Pdbmmwu= CM SW0 TONOWU whoowa BOARD OF AUPORMOM owswM uwrA rf JCMTAYAMJEM DWno r2 Jorr ST" air 3 ivM MUM OWnWt4 M+u�an+1 A�s+t�i' a�� s Apra 14,1010 City of LA puirrta 1ledam6apment icy Lea Maw, liairut t Ohdor 7"95 Ce% Turow La QufnW, CA =53 Re: Draft Frtvlmmnemtd Impact Wort for LA QUk* Space Pkh 0114 (SCH MS101109) Deartllfr JohrAon, Thank you for provlding the Rivero2de County Fire Depwtnant the opportunity to review tha Draft Envtrv=entai fwd Repoft icor tha i'ilghway ill and Dune Palms pralea Wdh faspeg to the refersanced pro04 the RIvefside County Fare Depart lent has no further co morb.. Ag of ths impar have boon adoquftly addrowd. A.I. The Califamla Fire Cade outlines lira protoctlon standards for the setnty, health, A.2. and wetfare3 of the publ1r. Time standards will be enforced by the Re Chief. If l can be of further asslstance, please feel tree to contact me at (951) 94t]i-8349 are -mail at sm.nournoWWrexaggy. j Strategic'F%nrrit Bureau r�r��txr Rr�xer Murch 11, 2010 W Los „lofu►M Principal Aanrteir Department of Community Development City of La Quinta 78-495 Cafig'fsmpico La 0ulyds, CA 92253 Re: Draft ElR for Specific Plan 0&085 Dear tirJr Johnson: B. OOWM* AA* C04 r� �� �� ids PAR 12 2010 crry This letter reWnds to your request for comments regarding the Draft Environmental impact Report (DEIR) for Specific Pian 08-085, which proposes the construction of up to ten acres of high density residential and ten acres of commercial development, located at Highway 111 and Dune Palms Road, vuithin the City of La Quinta. SunLine Transit Agency (SunUne) sW has reviewed the project and offers the following comments. Based on our review of existing transit arnenities in the vicinity, SunLine currently provides service along Highway{ 111, served by Line 111, apprroxirnatety a tenth of a mite from the project site. We are not requesting inclusion sof any transit amenities, such as a bus stops or turn out, at the tune. Furtf>errr m, via offer B.I. Amerivans with DisabillVes Act (ADA) Compiernentary► Diat•A•Rkle paratransit service for Camila Valley residents, wfio may utilize service for medical appoiriL-rwnts axid other activities; this service is only provided for quafrfied clients within three-quarter (Y.) of a mile on either side of SunLine fixed nxites. SunLlne requests that if ttie Mposed development sWild irnfract arty bus stops arxflor service provided by Sunl he, the developer contact Sunt ins 15 [lays p im to the taeginriing of r,onst talon, This will give Suril-ine sufficient time to schedtie any B.2. adjusbmnts as well as inform passengers of any change in service. SunLir* WO continue rnoniloring devekVuwnt activities within the v kc niity of ttiis protect; anti work wrath City staff to require construction of transit amenities with fuk xe deve3 4wwrds, if warrantetf ,xs•sasaeriyanreruartihousew Awft cold'atniaUP$ mune 760 -SQ -3456 raxlsarq-xwS www.wnirh&ws Mr. Lopez Page 2 Pre Applif ,n Review No. 10-01 Should you have questions or concerns regarding this letter, please contact me at 760-343-3456, ext. 162. Sincerely, Brenda Ramirez Assistant Transit Planner cc: C. Mikel Oglesby, General Manager Eunice Lovi, Director of Transit Planning Robert Powell, Transit Planning Manager Tim Jonasson, Public Works Director c. CITY OF I DIO a«taMCEMMMOLL.RMCA1=09 76 MA= + MX 76a39t.4CC8 • WWICMOM Com fy Dc"kVffwt Depaft"A '[ l alA. air. l" .iaF�'.san M nt N Cafle TetsapW La tea. Cit M53 M* Draft Envfrsu=enta Irrtpaet Kapott LElMM CON W. JohMion: . k -W .v%4ew of the drift artafrete M%W VWd MN4 WgWO W fix+ PfOiQAA.2. aW has idwzlil ad ttatfetal meft"" bums %Oh regard to tiw traft ilia tdoaArvf:catPonr is wo out bOm t. The tragi covtts for fete artePtift warn dorsa cff sameW {Jl 2 j. Paga 31 c( fie Ttaft Steidy b**Ies AN ttaM counts wan 440f6d UV hY 40% to ad)uM Sar both kwer Etsr aw vok nnees end Highway til ctrru;c0on whkh had kw bege m The AM and PM poalt Itmx w1mme itm thea CVAG at" cewraKrs coemts can Av&%A 48 sad 4t Jeffarson Sheet In Januoy 20M acid February 2M We kkSOC L In ccMVWW4r► to tate .lady 2tlt}8 Urdrp mowanrfe K =at unser.! In the Draft Palk artafysia of Jefferan SbvK and Avwm 48, the b- newn voknsa on A►nl wo 48 ase onty nk?(+r* Own the Juay 2M Uff tg nxy4orr*M oaf w4d ifs 'tete artarste, Ae�g*g trtae base ka trsM c mx is Up by :0% k1flaz" tiro wwiv Wk V*kX*". ark ti`+,a Vs*x1 " taw srwys€a c(anrtdlYvns Its 2011 and In 2014 _ C.I. 2. Three fr etse0ons paxWy or tdoly In tndfa are iVWOd In 3(!1s ttaR[Ic C.2. ansaysls - Hlgrway III/Jaftmn Street. I Wmay 111AAadisc Stxeet, 3.'4 .FO -'jon Street?Ae enw 48. Tho pm d"s W (errs any slgrYlfdl,,� knpaetx in ft hear tam (Mi) at any of the so #wase t WXWWXIL I bwvm b 00 2M@ mrd. tttarer am G%Pwmt 1as,etrttssd tytlaett� at tray 1Ia* IL HWway !11 mrid Jeftma Straet —tie W144 Moruetzzextds Wft a "fair antero` cxsuUbAl n of 31% b tris I mtound to x00ftumid 44 k" avetfap phe kv Wmen 2MY4 M* Ithl twrt WOW mem has bears bt ptasca for sevrst Pm% MW rtgt t G3r groo wrm ay"rps wm e added b the otter Omm direcdons vdth to tom► of b7 Wt WOmy 111 tie tdrtg pro ed mrrq�Wed 16..M*20IM Me ft Wft t b dated J* 16. 2009. the of try i#1 end ,Wetsorz Sbvd must be rtpdated h OK mmah 2010 t?ratt Elft to road to existEesg krpmmwwft d ft tttsecdon fast kxb$o two tett km lam". nose thrWO hares, and a ringlet dgM 144 team wM grW WOW o"ttap for each tart. The m to t n maw* In ttlR Draft OR Is not appropriate as A adreardy exfM etrsd abmadve rrtt'dg Oon W ftp cumutOve traft EmpW must be devrsioped. _ t, Jetfemon Street and Avenues 48 - Rad'MkV ttm `oft~ aoa%WIHtgWVW III ConstTt edorl fACW of 40% to 20% at this t� k r'$flCtt�Cn n my ety€ *a to tete int tt ft impact atrrd file row for MmQaWn at ff tai urtersecdon. if a triadic impact ra ftns, then It may tape possbe to r ga* pmjM trafi"tC hV*= by either fttaling only an osstbototd right Un gmean arrow omttp in the CRY of La CAMM or by ftmMv Wy ate wostt>a M right {son urea In Uw City of lncft Tera pofto of then n%tVatIon measure to add tt-a eawboutad rtgM tzars green maw In the City of La ChtGru does not ragtairs any scftn from tits C8y of kwft. Thb ! Twmv+ement can be tmplem6nted at arty thins: by the Cilyr of La OjkVA and ft MfW h"cls =not be cona3derz3d 'stgrtiftcare arsd unavoidable' If tato eastbound right turn gram arrow amfop mlti ate s ft atgtfficant hVmt. 3. 'Jti b fie CIMMUvrz Plan Updalm adopted by the tndio C.tty Counc l h September 20M. L, wM d SwAce "E+ is somptatste in the City of Indio I the costa of mfttgntlon to ard9fte Uvel of SesAm V aro Lmm mumble. There #ire soverat teWtWs kxkx tg tare lea vaWpedaistsN along the nodh Wdo of Avenue 48 W east of Jetfemn Strati In fife areae where the vmstt uftd tight tum lane has been ptaposed to ft La 4ufnta til EIR. Tttfs uraetbound rts" tints tam may aho requite right of way acqulsftn cram the ad rd mobla hom park. Raiocaaan of the a ty facaitles and the patandazl rigtat of way acgcsts don to accommodate N westbound r104 C.2. C.3. CA HERITAGE SON �e+t �fwer +wr�f,. tMna►�..r March ts, 2010 W f eaJohnsoi% Planner MY OF LA QUINTA Cage Tampico La, O dnb, CA 92253 %W 19 Will :.y• ..ter. 1 is s! aw- The Natirre•Amerkan gage Carr m4sion (NAHC) Is She state Vustes aga aW purawt to PW6 k Room" Code §21070 for the pmtectiat and preservadon of Catdomia'ss t Amduim Cultural Rssovrces.. O"o sera FA&Wg of a 1ir&rrr Ayn Center v. (lM) r7o CafApp, rpt The CaNamis Ez*OnsmetW Act (CEQA -CA Pinsk ftsaurm Cade §21 OCC -21177, amended in 20 00) reales that any VwOd that causes a substantial adverse change In the Wince of an Wda&A msow.AL that indudes Irl resourcm. is al4nificant arff+ee:f" re gc� dw prep wadfory of an Environm4ntat Imped Repod (EIR) iw (he C$ift Wa Code of RepkW ms 51W"S(5)tc 3M CEQA gukkdves� Secljetat 1= of the LECA Gukleflnes detsnes a sig nilicaryt tntp ad can the arnrirarurasrt as "a wbabw4K or pote rdial[y sum adverse clung& In any of physical Oval wn ! an am affected by the p(oposW pmkwAx ng ...o*M of hkaft or C In onW tax comply with di& provision. *w lead agwwj is regtdrW to ash whetlw Me prejed wiff have are adverse impact on Utese resources wfthn the'stea of poterOf effect CAPE), and if so, b m tjate.VW effect: To adequately assess the prO related ymfirrcis on hworkal resources. Ute COmnwssfon recommends tate fouvwiry The Na9ve Arnett= Heritaie Commission dW pedca n a Sacred Lands File (SLF) search in the NAHC St.F Emrentwy, eibbhh ed by the Legisfature pwrsuant to Pubk Puscuaw Cade SSW -94(a) andFetbm- Amekan Cerra" (LsI v -not _ , 0fled w" ft APE. as desatbeaf. Pidm~, there are Native Amerkan Cubsoi resourm in doter proada*j to ifte APE. Early conse:f Mbn with Nafrve Amewim tripes irF yaw area is It* best wry tar void unanticipated dacaveri m once a pmod is Lmderway. Endozed are ftss names of the nearest tribes end interesled Native American ink that the NAHC townirwds ss ccr4ulft partles. far this pwpow that may how krtawkOSe of fiat rrsI&A NOW 00 031 ice = Of the hiWdC prOpedies in the pMOd areal (ar.ag. APES. Wil mcu n- i -d that you ceratact parsons on dte attached iist of f ift hmgirin corrtocts, A Native Amerkart Tribe or Tribal Eider array be the Ony aowv* of inksmafto abo#A a c Owd msoucm. Aieq, the NAHC recon mems theft* Natglre Arnerkan Moobt or Native liumerlcart au y lmowWgemble person be ernpbfred Oamwer s p vfts anal erci�aeab list is employed durFrtg the `lniaf St cW end in otfm Om" of the �f pbraft procesus.. FurUwermre we stmt Me you a7WAN:t the CaVar fa lihtortc Rasources Inktrnmiort System (CHR*) at the Once elf Kal rtc D. D.1. D.2. DJ. Preservation (OHP) Coordinator's office (at (816) 653-7278, for referral to the nearest D.3. OHP Information Center of which there are 11. Comultation with tribes and interested Nage American tribes snd interested Native Ammican individuals. as consultinng partles, on the NAHC list ,should be conducted In eomplance with the requirements of federal NEPA (42 U.S.C. 4321-43351) and Section 106 and 4(l) of federal NHPA (16 U.S.C. 470 (Olet so), 36 CFR Part 810.3. the Presidents D.4. Council on Environmental Quality (CSQ; 42 U.S.C. 4371 et seq.) and NAGPRA (25 U.S.C. 3001-3013). as appropriate. The 1992 Secretary of the Interior's Standards for the Treatment of Hlslodc ,Prraped os were revised so that they could be applied to all historic resource types included In the National Register of HWoric Places and including cultural landscapes. Lead agencies should consider avoidance, as defined in Section 15,370 of the D.S. Califomla Environmental Quality Act (CEQA) when significant cultural resources could be affected by a project. Also. Public Resources Code Section 5097.96 and Health & Safety Code Section 7050.5 provide for provisions for accldentalty discovered archeological resources during construction and mandate the processes to be followed in the event of an D.6. accidental discovery of any human remains In a project location other than a' dedicated cemetery. Discussion of these should be Included in your environmental documents, as. appropriate. The autho* for the SLF record search of the NAHC Sacred Lands Inventory, established by the Califomla Legislature, is Callfomia,Public Resources Code §:5097.94(a) and Is exempt from the CA Public records Act (c.E California Government Code §8254.10). The results of the SLF search are confidential. However, Native Americans on the attached contact list are not prohibited from and may wish to reveal the. nature of identified cultural resourceslhistodc properties. Confldentiailty of "historic properties of religious and cultural signif csace` may also be protected the under Section 304 of the NHPA or at the Secretary of the Interior' discretion if not eligible for listing on the National Register of Historic Places. The Secretary may also be advised by the federal Indian Religious Freedom Act (cf. 42 U.S.C. 1996) In Issuing a decision on whether or not to disclose items of religious and/or cultural significance identified in or near the APE and possibly threatened by proposed project activity. CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission If the initial Study identifies the presence or likely presence of Nature American human remains within the APE. CEQA Guidelines provide for D��° agreements with Native American, Identified by the NANC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. Although tribal consultation under the California Environmental Quality Act (CEQA; CA Public Resources Code Section 21000 — 21177) is 'advisory` rather than mandated, the D.s. NAHC does mquest'lead agencies' to worts with tribes and interested Native American individuals: as 'consulting parties,' on the list provided by the NAHC in order that cultural resources will be protected. However, the 2006 SS 1059 the state enabling legislation to Federal Energy Policy Act of 2005, does rrtiandate tribal consultation for the'slectdc D.9. transmission corridors. This Is codified In the Cagfomia Public Resources Code, Chapter 4.3, and 125330 to Division 15, requires consultation with California Native American tribes. and identifies both federally recognized and non -federally recognized an a list maintained by the NAHC tow.� Caft 170WA AWc PAw" Coca 55WAO AM Sot f1=64A (d) Wd*M) MOWSIOPOCOOMI& b O QIF b! h rife of an Wdde"W eyl d D.10. +alt re mit-iNtlikomloacomgms d mmlery weowcointy comm or Ift illrChi�+ e►rl� � atatticseof a 1 !ArmrkmL . Flow tteaf "x Of Safety Cada stat m t(tst 49bxbwm of HatNe Am wkatn mnsteres its*W. mmmo DAL Piease:eel he tOcOntact =at (W.6)6s3-6251 dycis have XV,q,:es5ws. r AMw.hrwt Ust of Nadve Amwtc= Carsacts Cr. State Cbminghcuse Nati%, .!Imerican Contacts March 16, 2010 Riverside County Cabazon Band of Mission Indians Torres -Martinez Desert Cahuilla Indians David Roosevelt, Chairperson Ernest Morreo 84-245 Indio Springs Cahuilla PO Box 1160 Cahuilla Indio , CA 92203-3499 Thermal , CA 92274 (760) 342-2593 maxtm@aol.com (760) 347-7880 Fax (760) 397-0300 (760) 397-8146 Fax Los Coyotes Band of Mission Indians Francine Kupsch, Spokesperson P.O. Box 189 Cahuilla Warner I CA 92086 loscoyotes@earthlink.net (760) 782-0711 (760) 782-2701 - FAX Ramona Band of Cahuilla Mission Indians Joseph Hamilton, Chairman P.O. Box 391670 Cahuilla Anza . CA 92539 admin@ramonatribe.com (951)763-4105 (951) 763-4325 Fax Torres -Martinez Desert Cahuilla Indians Mary Resvaloso, Chairperson PO Box 1160 Cahuilla Thermal I CA 92274 mresvaloso@torresmartinez. (760) 397-0300 (760) 397-8146 Fax This list Is current only as of the date of this document. Santa Rosa Band of Mission Indians John Marcus, Chairman P.O. Box 609 Cahuilla Hemet I CA 92546 srtribaloffice@?aol.com (951)658-5311 (951) 658-6733 Fax Augustine Band of Cahuilla Mission Indians Mary Ann Green, Chairperson P.O. Box 846 Cahuilla Coachella , CA 92236 (760) 369-7171 760-369-7161 Morongo Band of Mission Indians Michael Contreras, Cultural Heritage Prog. 12700 Pumarra Road Cahuilla Banning I CA 92220 Serrano mcontreras @ monongo-nsn. (951) 755-5025 (951)201-1866 - cell (951) 922-0105 Fax Distribution of this list does not relieve any person of statutory responsibility as defined In Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. Also, federal National Environmental Policy Act (NEPA), National Historic Preservation Act, Section 106 and federal NAGPRA. This list Is only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH/2008101109; CERA Notice of Completion; draft Envlornmental Impact Report (DEIR) for Specific Plan 08-085; located at S.R. 111 and Dunes Plams Road In the City of La Quints; Riverside County, California (Coachella Valley) Natii-; merican Contacts March 16, 2010 Riverside County Torres -Martinez Desert Cahuilla Indians Diana L. Chihuahua, Cultural Resources P.O. Boxt 1160 Cahuilla Thermal , CA 92274 dianac@torresmartinez.org 760) 397-0300, Ext. 1209 (760) 272-9039 - cell (Lisa) (760) 397-8146 Fax Cabazon Band of Mission Indians Judy Stapp, Director of Cultural Affairs 84-245 Indio Springs Cahuilla Indio 9 CA 92203-3499 jstapp@cabazonindians-nsn. (760) 342-2593 (760) 347-7880 Fax Ramona Band of Cahuilla Indians Manuel Hamilton, Vice Chairperson P.O. Box 391670 Cahuilla Anza + CA 92539 admin@ramonatribe.com (951) 763-4105 (951) 763-4325 Fax Agua Caliente Band of Cahuilla Indians THPO Patricia Tuck, Tribal Historic Perservation Officer 5401 Dinah Shore Drive Cahuilla Palm Springs, CA 92264 ptuck@aguacallente-nsn.gov (760) 699-6907 (760) 69976924- Fax This list Is current only as of the date of this document. Augustine Band of Cahuilla Mission Indians Karen Kupcha P.O. Box 846 Cahuilla Coachella CA 92236 (7.60) 369-7171 916-369-7161 Cahuilla Band of Indians Luther Salgado, Sr. PO Box 391760 Anza I CA 92539 tribalcounci[C@cahuilla.net 915-763-5549 Cahuilla Distribution of this list does not relieve any person of statutory responsibility as deflned in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. Also, federal National Environmental Policy Act (NEPA), National Historic Preservation Act, Section 106 and federal NAGPRA. This list Is only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCHf2008101109; CEGA Notice of Completion; draft Envlornmental Impact Report (DEIR) for Specific Plan 08-085; located at S.R. 111 and Dunes Plems Road In the City of La Quints; Riverside County, California (Coachella Valley) "a Department of Toxic Substances Control KladarMWAW^ Adirg encs" 5n$C44W*W Avenue 99" sftmb" IN core". cafffamla W= Apri 8, MO Mr. Las Johoson City of La Qulrttet 78.495 Calle Tampico La Quints, Califomia 92253 NOTICE= OF AVAIL481LITY OF A OP AFr ENVIRONMENTAL IMPACT REPORT FOR HIGHWAY 1'11 &[TUNE PALMS SPECIFIC PLAN 08-085 PROJECT, (SCH# 2008101109), CITY OF LA QUINTI, RIVERSIDE COUNTY Dear Mr. Johnson: The Department of Toxic Substances Control (aTSC) has received your submitted a draft Environmental Impact Report (EIR) for the above mentioned project. Tile following project descrlption Is stated in your document';" The project site is approximately 22 acres in size, is generally rectangular In shape, and Is located in the City of La Quanta, south of Highway 111, approx1mateiy 300 feet east of Dune Palms Road. The SpecA tc Plan proposes approximately 10 acres of residential development for affordable housing on the southern half of the site. The project also includes the construction of a new public roadway, `A" Street that will extend east -west rrorn Dunn Palms through the site. The majority of the proposed project site Is currently undeveloped and Is completely surrounded by existing development in alt directions. To the north of the site is Highway I 11 and existing commercial developments, To the east and west are also existing commercial developments. The La Quanta Evacuation Channel and Desert Sands Unified School District faG'lity are located south of the site. A part of the site was previously used as a mobile home park". DTSC has following comments: 1) The EIR should identify thea current or historic uses In tho project area that may have resulted in a release of hazardous wastos/substances, and any known or potentially contaminated sites within the proposed Project Area. For all identified E.I. sites, the EIR should evaluate whether condilions at the situ may pose a threat to human health or the environment, Following are the databases of some of the pertinent regutWory atPWOS: National Priorities List (NPL): A list maintaitmd by the United States Environmental Protection Agency (U.S»EPA). 0 ftOA14 vn RoyCW POPW Mr. Les Johnson April S, 2014 Page 2 of 4 • EnviroStor: A Database primarily used by the Califomla Department of Toxic Substances Control, accessible through DTSC's website (see below). • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that Is maintained by U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS). A database of CERCLA sites that is maintained by U.S.EPA. • Solid Waste Information System (SWIS). A database provided by the Californla Integrated Waste Management Board which consists of both open as well as dosed and inactive solid waste disposal facilities and transfer stations. • Leaking Underground Storage Tanks (LUST) ! Spills, Leaks, Investigations and Cleanups (SLIC) A list that is maintained by Regional Water Quality Control Boards. • Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. • The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS). 2) The EIR should Identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If necessary, DTSC would E.2. require an oversight agreement in order to review such documents. Please see comment No. 11 below for more Information. 3) All environmental investigations, sampling and/or remediation for a site should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of any Investigations, Including any Phase I or II Environmental Site Assessment Investigations should be summarized in the document. All sampling results in which hazardous substances Were found should be clearly summarized in a table. E.3. 4) Proper investigation, sampling and remedial actions overseen by the respective EA. regulatory agencies, if necessary, should be conducted at the site prior to the new development or any construction. All closure, certification or remediation approval reports by these agencies should be included in the EIR. Mr. LW Johnow f4-& 2010 Pagel of 4 51 If buildings.cW-61111m structures, asphalt or ccx>3arate-paved surface areas are being planned to be demolished, an lmasUgaticri should be conducted for the presence at other related hazardous chemicals. lead-based p*1sior products, mercury. and asbestos containing mater9ats (ALUs). If other hazardous chemicals, lead-based ,paints or products, nw=M or ACMs are Identified, proper precautions should. be taken during demoGtlon activitles. Addilionaity, the contaminants should be mmedlated In compliance with Califomia environmental regulations and paiic€es. E.S. 0) Project corsstruction may require soil excavation or filling in certain areas. Sampling may be required, if sell is contaminated, it must be properly disposed and not simply placed in another location onsite. Land Disposal Restrictions EA (LDRs) may be applicable to such soils. Also, if the project proposes to Import soil to bac fig the areas excavated. sampling should be conducted to ensure that "lmperted:scil Is free of contamination. 7) Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. If It Is found necessa vy, a study of the site and a 'health risk assessment overseen and approved by the apprtapriate E.7. govemment agency and a quatillec! health risk assessor should be conducted to determine if there are, have been, or wig be, any releases of hazardous materials that may pose a rlsk to human health or the environment. 8) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (Caffomia Health and Safety Cade, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). if it Is determined that hazardous vm$tes will be generated, the facility should also obtain a United States EnVronmentai Protection Agency Identification Number by contacting (804) 898-6942. Certain hazardous waste treatment processes or hazardous materials, handling. Storage of uses may require authorization from the local Celled Unified Program Agency (CUPA). Informatlon about the requirement for authorization can be obtained by contacting your local CUPA. E.8. 9) if during constructlorlfdemolltion of the Project Area, the soil and/or cgroundwater contamination Is suspected, �cons�truction/domolition in the area should cease E.9. and appropriate health and safety procedures should be implemented. 10) If a site was used for agricultural, livestock or related activitles, onsite soils and groundwater might contain pesticides, agricultural chemical, organic waste or E.10. other related residue. Proper investigation, and remedial actions, If necessary, should be conducted under the oversight of and approved by a government agency at the site prior to construction of the project. Mr. Los Johnson April 8, 2010 Page 4 of 4 11:) ®TSC can provide guldano. for cleanup oversight through an Environmental [oversight Agreement (EDA) forrgoven nt agencies that are not responsible partios under CERCIA, "a Voluntary "Cleanup Agreement (VCA) for private E.11. parties. For additional Information on the EOA or VCA, plaasa see 2WyjtsC. ,c�ovlSlteCleanup/B►owntletds, of Contact Ms. Maryam Tasnif Abb,asl, DTSC's Voluntary Cleanup Coordinator, at (714) 484-5489, E.12. 12) Also, In future CEQA documents, please provide your a -mail address, so DfSC can send you the comments both electronically and by mail. If you have any questions regarding this letter, please contact Mr. Raflq Ahmed, Project Manager, at hmed c _dc sc,ca.ga_v or by phone at (714) 484-5491. Sincerely, Gre+'rr es Unit Chief Bmwnnelds and Environmental Restoration Program Cypress Oftice cc. Governor's once of Planning and Research State piearinghouse P.C. Box 3444 Sacramento, California 95812-3044 state gearinclhrMse0opr.ca.gov CEQA Traciung Center Departnwnt of Toxic Substances Control Officeof Environmental Planning and Analysts 10011 Street, 22pd Floor, M.S. 22-2 Sacramento, Callfomla 95814 AQekiqr1ftdtsc-o.rjov Ms. Nicole Cristo City Planning Consultant Terra Nova Planning and Research, Inc. 400 South Farrell Drive, Suite B-205 Palm Springs, California 92262 CEQA# 2941 a STATE Of rit_ VORNU GO'tMOIeS OMCE (fPLANNING AND RES RCA 'STATE CbUMORDUMAND PLAMNG MW AS spa » Ap D x0. 2010 Let llohrmork CUY Of La Qwnm 79-495 +Calk T3nViDo 1 fQ43., CA 92—M Su io= Speefic PImo6-085 SCH#: 2008101109 De"Lm 70iuzson: TIO Stltc C]caragbcwo submlmd the above ==d Draft BIR to selected $mtc 2911cics for review- On fhe cadosed Dotument i7ctsila Rnport P14=6 hose Haat tie Cle"k9h0u1e has listed dx State agewc -that twwirtwcd your dcsruramt The raviow porfad cloyed an Aprli 19, 2010, and the ewmem filom'be �S asuy �) is {axei epclvscd 1t tiSis cemrsnrent pat lcaga not in order, pteasa tioz3f}r tho State a gmwdiatmly. Picaec mar to this �rsrsf a is fco-disit Siete Ckarir� mme numb" f"fuuim oorrospoc&m* so that m =y respond M=P Y. ?km Ami rhos Section 21104(e) offt Calit'onda Pub& Resources Code $ton Suit: "A mspo=bi: or enter ,public ngtncy sbaU only trakc substandve co=axnts renWing those activities imrolved in;i project wtich.art widim an arca of 04% tl c Oft* agency or wwch arc rcgiiircd tote earaied uat approved or by the sg=cy. Those comint ris a a11>ac supported by sptcific dacutasass=on-" Tirosa cosrsrserAs ;Im foxwatded for tW iss yMark6 yoar 5nai cwAr==nW docu=aL Should you seed F.1. ttaarts ntorrra tiorL Or elarinestion of dw astcksed cots, we rccommczd dra! you Contact the canGartcn'ting agerwI directly. Tws Icr= Id=wWScs that Tau lave cornplled with tits State C vujng.,vusv review requiramozats 10r F.2. draft eavizacsaacnrai doeu=al;s, p==t;0 the Ctlitc:rr s► Euvimna=nW Qtmlky Act. Plcasa contact be Stain prir.Elicuae at (916) 445-0513 if )= bivc any gwotiow resudiPS tl`.c cnv:—==-•tel trevi*w Pte• . Sltuaraty. Ott ;tirory AC%jUg Difcc-or, Stm CicarinShouse enclosumes ce. Recounts Agency 1400 loth Street P,O. Eaa se" SietwsoINC Iifmtia 951112 "" (916) 4 13 = (416) m3m18 , tNlrty a pl+ itiw vvcurunM ue%ddua r%upura State Clearinghouse Data Base SCHN 2008101109 Project 77de Specific Plan 08485 LeadAgency La Quints, Cityof Type OR Draft EIR Description Sp"Itic Plan to allow the construction of up to 10 acres of high density residential (up to 200 units), 10 acres of commercial development, and associated Improvements. Lead Agency Contact Name Les Johnson Agency City of La Quints Phone (760) 777.7125 email Address 78.495 Calle Tampico city La Quints Project Location County Riverside City La Quinta Region Lat/Long 33' 4Z 5' N 1116° 16' 6- W Cross Streets Highway 111 and Dune Palms Road Parcel No. 600-200-001,-004,•005,•011,-012 Township 5S Range 7E Fax Srato CA Zip 92253 Section 29 Base SBB&M Proximity to: Highwbys 111 Airports Rallwvays Waterways schools Land Use Parcels are generally vacant. General Plan and Zoning designations: Regional Commercial Project issues Archaeologic -Historic; Air Quality; Drainage/Absorpdon; Flood Plain/Flooding; Geologic/Seismic; Noise; Population/Housing Balance; Public Services; Recreatlon/Parks; Sewer Capacity; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation: Vegetation; Water Quality: Water Supply; Wildlife; Growth Inducing; Landuse; Cumulative Effects; Aesthetwvlsual; Biological Resources; Schools/Universities Reviewing Resources Agency; Colorado River Board; Department of Fish and Game, Region 6; Department of Agencies Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 8; Regional Water Quallty Control Board, Region 7; Department of Toxic Substances Control; Native American Heritage Commission Date Received 03/0412010 Start ofReview 03/04/2010 =nd of Review 04/19/2010 Note: Blanks in data fields result from insufficient Information provided by lead agency,