Editor’s note: This article was updated as it incorrectly stated the certification of the DEIR was scheduled for Oct. 12. The county has yet to announce when the DEIR will be considered by the Planning Commission.
The draft environmental impact report (DEIR) public comment phase for the John Smith Road Landfill expansion project ended Sept. 9. The next phase is for the EIR preparer Douglas Environmental of Sacramento with support from Lawrence & Associates, GEI Consultants and Rincon Consultants, Inc. to include the comments and responses into the final EIR.
According to the DEIR, the commission can certify the Final EIR and make a decision whether to approve, conditionally approve, or deny the project application.
It also states the “Planning Commission will review and make a recommendation to the Board of Supervisors regarding the proposed General Plan Amendment request to change the land use designations on the expansion property from Rangeland (RG) and Agriculture (A) to Public Quasi-Public (PQP) to be consistent with the existing JSRL and to accommodate the proposed waste disposal activities.”
Residents may still provide input for the project when it is discussed by the San Benito County Planning Commission and Board of Supervisors. San Benito County has not announced the date when the Planning Commission will consider certifying the DEIR.
Review of DEIR:
Many areas of the report are marked with no environmental impact but several areas surveyed are marked as significant impact which are reduced to not significant following planned mitigation. Others were marked significant but unavoidable following planned mitigation.
Land Use
Potential Roadway Hazards: The proposed project would increase the number of trucks (the document did not give a number) passing through the Fairview Road/McCloskey Road intersection, which has several constraints. In addition, the project does not include a left turn lane from John Smith Road to the new project entrance.
Estimated impact: potentially significant
Mitigation: John Smith Road/Project Entrance Intersection:
- The applicant shall construct (or ensure the construction of) a left-turn lane at the proposed new project entrance on John Smith Road to provide for left-turn access to the site that is a minimum of 70 feet in length before the new entrance is open for public use. Any required road right-of-way would be taken from the north side of the John Smith Road, generally within the boundaries of the project site. Additionally, the applicant shall install a stop sign for the landfill exit lane onto John Smith Road before the new entrance is open for public use. The applicant shall submit project plans for the intersection improvements to the county for approval prior to construction. The applicant shall provide and maintain a minimum sight distance of 550 feet in both directions at the new landfill entrance, including regular maintenance and vegetation trimming on property that is either owned by the applicant or the county or is located within a public right-of-way, to ensure minimum sight distance, is the wording used in the document regarding the turn into the landfill.
- Fairview Road/McCloskey Road Intersection: Within three years of project approval or prior to exceeding 1,000 tons per day for burial the applicant shall construct the relocation of the existing traffic light pole at the southwest corner of Fairview Road and McCloskey Road, so that it does not impede right turns at this intersection, and for the installation of guard railing around the existing utility pole and box. Within three years of project approval or prior to exceeding 1,000 tons per day for burial the applicant shall also construct the installation of 10 feet of widened pavement at the southwest corner of Fairview Road and McCloskey Road to accommodate right turns from McCloskey Road onto Fairview Road.
- Haul Route: Within three years of project approval or prior to exceeding 1,000 tons per day for burial, whichever occurs first, the applicant shall install or ensure the installation of truck route and speed limit signage along the commercial vehicle haul route consistent with the most current version of the Caltrans Manual on Uniform Traffic Control Devices.
Estimated impact following mitigation: Less Than Significant
Air Quality
Long-Term Operational (Regional) Criteria Air Pollutant and Precursor Emissions.
The proposed project has the potential to generate criteria for air pollutants and precursor emissions in excess of established thresholds.
Estimated impact: potentially significant
Mitigation:
- The project proponent shall retain a qualified air quality professional to prepare a renewable natural gas (RNG) design report that demonstrates operations of the RNG facility will not result in construction or operational criteria pollutant emissions greater than the landfill gas flare described above when combined with emissions from on-site operations.
- Volatile organic compounds (VOCs) from any emitted gas shall either be destructed or filtered to the 98% destruction or removal efficiency similar to that required for a landfill gas flare.
- When operating the flare or RNG facility, emissions shall not exceed a maximum SO2 (sulfur dioxide) concentration of 214.91 lb./day.
Estimated impact following mitigation: less than significant
Exposure of sensitive receptors to substantial concentrations of toxic air contaminant emissions:
The generation of diesel particulate matter and fugitive landfill gas emissions associated with project construction and operations could expose residents directly adjacent to the project site to toxic air contaminant (TAC) emissions in excess of Monterey Bay Air Resources District (MBARD) thresholds.
Estimated Impact: potentially significant
Mitigation
- Fugitive landfill gas emissions shall be limited to an average of 588 cubic feet per minute (cfm) over the landfill footprint as analyzed under the closure footprint area based on the risk at the Master EIR.
Estimated impact following mitigation: less than significant
Generation of greenhouse gas emissions from operations
Project features and regulations will reduce the project’s contribution to global climate change, but with a conservative net zero threshold, impacts would be significant.
Estimated impact: significant but unavoidable even after mitigation
Noise
Increase during construction.
Biological Resources
A total of 10 special status wildlife species are known to occur or have the potential to occur on the project site. These are:
- California tiger salamander (Ambystoma californiense)
- San Joaquin coachwhip (Masticophis flagellum ruddocki)
- California red-legged frog (Rana draytonii)
- western spadefoot toad (Spea hammondii)
- Coast Range newt (Taricha torosa)
- tricolored blackbird (Agelaius tricolor)
- western burrowing owl (Athene cunicularia)
- vernal pool fairy shrimp (Branchinecta lynchi)
- American badger (Taxidea taxus)
- San Joaquin kit fox (Vulpes macrotis mutica)
Biologists will be on site before and during construction to survey and monitor the site. Biologists will offer training to workers on species identification, where likely to be found/preferred habitat and instruction on do not take. Accidental take could occur.
Significance of impact varies. Mitigation involves surveying and monitoring before and during construction. Surveys for nesting birds or potential habitats for nesting birds will be undertaken before nesting season and protective buffers will be applied if necessary and construction during nesting could be limited.
Land outside of the site will be set aside as mitigation for species impacted and to replace wetlands.
No deliberate feeding of wildlife is permitted and no pets will be allowed on site.
Fifteen special status species known to occur in the region require habitats for foraging, roosting and reproduction that are not present within the project site and are, therefore, unlikely to occur. Those species are:
- northern California legless lizard (Anniella pulchra)
- western pond turtle (Emys marmorata)
- blunt-nosed leopard lizard (Gambelia silus)
- foothill yellow-legged frog (Runa baylii)
- steelhead (Oncorhynchus mykiss)
- Monterey hitch (Lavinia exilicauda harengus).
- Swainson’s hawk (Buteo swainsoni)
- western yellow-billed cuckoo (Coccyzus americanus occidentalis)
- southwestern willow flycatcher (Empidonax traillii extimus),
- yellow breasted chat (Icteria virens)
- bank swallow (Ripari ripari)
- least Bell’s vireo (Vireo bellii pusillus)
- Townsend’s big-eared bat (Corynorhinus townsendii)
- big-eared kangaroo rat (Dipodomys Venustus elephantinus)
- western mastiff bat (Eumops perotis californicus)
- western red bat (Lasiurus blossevillii)
The California condor (Gymnogyps californianus) is listed as unlikely to occur as there are no suitable nesting or roosting areas on the project site.
Cultural resources
It is possible that previously unknown remains could be found on site and is marked as potentially significant. A qualified archaeologist will be onsite to survey and monitor before and during construction. If human remains are found the coroner and tribal leaders will be notified. If artifacts are found tribal leaders will be notified.
Aesthetics
The project site, including the proposed expansion area, makes up part of the background views from publicly accessible areas and roadways to the west, south, and east of the site. The proposed expansion would be visually prominent in middle ground or background views for many sensitive viewers, including motorists on local roadways and viewers from publicly accessible areas throughout the surrounding valleys.
Estimated impact: significant
Mitigation:
- Locate soil stockpiles adjacent to the western and eastern expansion boundaries to provide visual screening when the active landfill operations are at lower elevations. Vegetate with native grasses any soil stockpiles that remain in place for longer than six months.
- Design and construct landfill modules so that initial waste placement or perimeter soil containment provides a visual barrier between the active working face and offsite observers where feasible and safe to do so.
Estimated impact following mitigation: less than significant
County approval process
After the close of the public review period for the draft EIR, the final EIR, consisting of all comments received on the draft EIR together with responses to those comments and necessary changes to the EIR text will be prepared.
The Planning Commission is the approval authority for the Conditional Use Permit. The Planning Commission will certify the final EIR and make a decision whether to approve, conditionally approve, or deny the project application.
The Planning Commission will review and make a recommendation to the Board of Supervisors regarding the proposed General Plan amendment request to change the land use designations on the expansion property from Rangeland (RG) and Agriculture (A) to Public Quasi-Public (PQP) to be consistent with the existing John Smith Road Landfill and to accommodate the proposed waste disposal activities.
The Board of Supervisors will hold a public hearing at which time it will receive public comments regarding whether the board should certify the final EIR, adopt the project’s Mitigation Monitoring and Reporting Program, CEQA Findings and a Statement of Overriding Considerations. The Board of Supervisors will then decide whether to approve, conditionally approve, or deny the General Plan amendment for the project.
Other county authorizations required to implement the proposed project, if approved by the board, would include building permits, a roadway entrance encroachment permit, and an amendment to the San Benito County Integrated Waste Management Plan.
Other required approvals
- A revised Solid Waste Facility Permit from CalRecycle.
- Revised Waste Discharge Requirements from the Central Coast Regional Water Quality Control Board.
- An update of the site’s Stormwater Pollution Prevention Plan for the State Water Resources Control Board General Industrial Stormwater Permit.
- A federal Endangered Species Act Section 10 Permit from the U.S. Fish and Wildlife Service.
- A State Endangered Species Act Section 2081 Incidental Take Permit from the California Department of Fish and Wildlife.
- A water quality certification under Section 401 of the Clean Water Act by the Central Coast Regional Water Quality Control Board.
- A Permit to Construct/Permit to Operate from the Monterey Bay Air Resources District when the flare is modified or the energy facility is implemented.
- A modification to the existing Class I Hazardous Waste Facility Post-Closure Permit No. 03-SAC-006 and approval of a Clean Closure Plan by the California Department of Toxic Substances Control and Central Coast Regional Water Quality Control Board to accommodate clean closure of the Class I Area. These actions would be implemented in coordination with the City of Hollister as the owner of the Class I Area.
- An amendment of the San Benito County Integrated Waste Management Plan by the San Benito County Integrated Waste Management Agency.
A summary of impacts is attached in pdf form and the full report is available here.
The county held a town hall for Aug. 22 at 6:30 p.m. at the Veterans Hall in Hollister to discuss the draft EIR.
To be added to the John Smith Road Landfill expansion information distribution list, contact sbciwm@cosb.us.
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