2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
incorporating
current
site-specific
and
species-specific
information
into
the
design
of
renewable
energy
facilities
as
a
means
of
avoiding
future
impacts
as
the
facility
is
designed.
Contrary
to
the
comment’s
characterization,
Mitigation
Measure
4.C-1g,
where
it
applies,
requires
implementation
of
erosion
control
and
water
pollution
control
measures
that
are
consistent
with
SWPPP
requirements,
regardless
of
whether
a
SWPPP
permit
is
required.
Mitigation
Measure
4.C-1g
also
includes
minimum
requirements
that
must
be
met,
even
if
not
required
under
a
Municipal
Stormwater
Permit.
Development
of
a
stormwater
compliance
plan
as
described
in
Mitigation
Measure
4.C-1g
is
a
requirement
of
law
that
must
be
implemented
prior
to
construction,
and
project
applicants
are
required
to
provide
the
City
with
proof
that
appropriate
stormwater
permits
have
been
obtained.
Given
these
requirements,
analysis
in
the
Draft
EIR
appropriately
concludes
that
compliance
with
applicable
law
can
be
reasonably
expected,
and
that
the
minimum
required
erosion
control
and
water
pollution
control
measures
specified
in
the
mitigation
measure
would
be
implemented
and
are
adequate
to
ensure
that
impacts
would
be
less
than
significant.
In
addition,
Mitigation
Measure
4.C-1g
requires
applicants
to
prepare
and
implement,
subject
to
City
review
and
approval,
a
maintenance
program
for
water
quality
pollution-control
features
such
as
swales,
sediment
traps,
or
other
passive
applications
of
pollution-prevention
measures
required
as
part
of
NPDES
permitting.
The
maintenance
program
also
includes
required
minimum
elements.
Again,
under
these
conditions,
the
City
may
reasonably
expect
compliance
with
the
maintenance
program.
Thus,
Mitigation
Measure
4.C-1g
sets
forth
specific
requirements,
and
does
not
constitute
improperly
deferred
mitigation.
Similar
to
the
discussion
in
Response
regarding
Mitigation
Measure
4.C-1g,
Mitigation
Measure
4.C-2b
requires
implementation
of
a
list
of
minimum
requirements,
regardless
of
what
is
required
through
the
NPDES
permitting.
Mitigation
Measure
4.C-2b
also
coordinates
with
Mitigation
Measures
4.H-1a
and
4.H-1b.
Both
of
these
mitigation
measures
require
compliance
with
NPDES
permit
requirements,
and
Mitigation
Measure
4.H-1a
specifically
requires
that
project
applicants
demonstrate
compliance
with
the
City’s
Municipal
Regional
Stormwater
Permit
Order.
Under
these
conditions,
the
mitigation
measure
sets
minimum
performance
standard
requirements
and
the
City
reasonably
expects
compliance
with
those
standards,
Mitigation
Measure
4.C-2b
does
not
constitute
improperly
deferred
mitigation.
The
NPDES
permit
and
verification
of
compliance
with
the
permit
conditions
falls
within
the
authority
of
the
Regional
Water
Quality
Brisbane
Baylands
Final
EIR
2.9.9-4
May
2015