75A - PH - EIR -1584 E SANTA CLARA AVE

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Monday; July 29, 2013 Dally Appel E. Roadway Mitigation (1) Record The plan is for aggregate mined in the Project to be removed from the site by trucks travelling on Kunzler Ranch Road to North State Street There appears to be no dispute that Kunzler Ranch Road is the 'only point of ingress and egress to the Project site. The Draft estimated that the mining as Kumner-Ranch Road and North State Street .. are genermjy not :designed to accommodate heavy vehicles, and truck travel. on these roads would have the potential to adversely affect the pavement condition. Roadway damage can include conditions such as loose asphalt and potholes that have the potential to make driving conditions less safe. Roadways significantly impaoted.from project truck traffic would have to be upgraded to support vehicle weights up to 25 tons, IT] ... 1911, .. Mile project would have a significant impact on Kunzler Ranch Road and aless than significant impact on North State Street, M ... [911 The project applicant has recently prepared an assessment of Kunzler Ranch Road, Kunzler Ranch Road •Pavg »cent Evaluation and Rehabilitation Strategies, April 28, 20W. This report was submitted to the County and provides a detailed assessment of current roadway conditions and a comprehensive plan to i rehabilitate and maintain the roadway over a 30 yearperiod. The report identified Kunzler Ranch I Ron as being in serious condition and identifies - various alternatives for addressing the condition of the road. "s To mitigate this significant impact, the Draft' �'recanunended that Kunzler Ranch Road be improved as needed (e.g., overlays or reconstruction) per the April 28, 2009 Kunzler Ranch Road study and the Caltrans Design Manual standards.. The project applicant would pay the full cost of road improvements, including design and construction. [col Prior to operations the projei:t'applicant shall enter into a Roadway Maintenance Agreement with Mendocino County providing their proportionate share of the responsibility to maintain the proposed haul roads." (talicsomitted) - - When it commented on the Draft, die County Department of Transportation (MDOT) - . clarified that "Kunzler Ranch Road is not 'a County maintained road and that MDOT has no involvement in its operation, maintenance, or upkeep.... IT) ... [911... Therefore there is no need for the applicant to enter into a Road Maintenance Agreement with the County for maintenance of Kunzler Rauch 'Road" The MDOT further stated; "Arriving at a cost sharing arrangement is the responsibility of the applicant, the mad's owner(s) and those property owners having rights to its use.. ITT IT] ... Ideally, ail the users of Kunzler Ranch Road would voluntarily form :'a Road Maintenance Organization for the improvement and. maintenance -of the road. [However;] no party can unilaterally make this ate Report 9793 happen,..." The MDOT proposed an alternative means to mitigate the significant impact to Kunzler Ranch Road, and it was adopted nearly verbatim in the EIR The EIR states: 'Traffic-related repairs on Minzler Ranch Road shall be initiated when the owners of the road and users of the casement reach a decision that such repairs are necessary. Granite's fair share shall be calculated based on the proportion of applicanCs heavy truck trips to the total numherof heavy truck trips on the road the cost and expense incurred for traffic-relate� repairs of Kunzler Ranch Road." - (2) Review Masonfte argues dtat the mitigation measure; for the Project's imnact on Kneader Ranch Rea, =a Won u• Cil of Anderson (2005) h` -1173, 1188 [discussing fee-b: 'Programs for cumulative ttr of, - Masonite's' •arguments Ing. "IMleasuros to mitigate orn they wit be made or funded. The EIR to be made when: decide they are r of an agreement; M RAGm 11._ 75A -74 to construed to include to accommodate the sere is'no reason to ment to enforce the - valid point when it measures have been t mitigation measures air share payments rovenields must be it the payments are :sted private parties