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Facts in Support of Findings: <br />Construction <br />Pollutants of concern during construction activities generally include sediments, trash, petroleum <br />products, concrete waste (dry and wet), sanitary waste, and chemicals. Each of these pollutants on <br />its own or in combination with other pollutants can have a detrimental effect on water quality. In <br />addition, chemicals, liquid products, petroleum products (such as paints, solvents, and fuels), and <br />concrete -related waste may be spilled or leaked during construction, which would have the potential <br />to be transported via storm runoff into nearby receiving waters and eventually may affect surface <br />or groundwater quality. During construction activities, excavated soil would be exposed, thereby <br />increasing the potential for soil erosion and sedimentation to occur compared to existing conditions. <br />In addition, during construction, vehicles and equipment are prone to tracking soil and,/or spoil from <br />work areas to paved roadways, which is another form of erosion that could affect water quality. <br />However, the use of BMPs during construction implemented as part of a SWPPP as required by the <br />NPDES General Construction Permit and included as PPP WQ-1 would serve to ensure that Project <br />impacts related to construction activities resulting in a degradation of water quality would be less <br />than significant. <br />As detailed in the Preliminary Geotechnical Investigation Report (Included as Appendix G to the <br />Draft Supplemental EIR), the historic highest groundwater at the site has been mapped at a depth <br />of about 5 feet bgs and groundwater in 2022 was encountered between depths of 12 feet and <br />16 feet bgs. If contaminated, release of dewatered groundwater to surface waters can introduce <br />total dissolved solids to surface waters. <br />If groundwater or perched groundwater is encountered during construction and groundwater <br />dewatering is necessary, it would be completed in compliance with the Groundwater Discharge <br />Permit, as specified PPP WQ-2. Compliance with the requirements of the Groundwater Discharge <br />Permit would ensure impacts related to waste discharge requirements and water quality standards <br />would be less than significant during dewatering activities, and no mitigation would be required <br />(Draft Supplemental EIR at pp. 5.7-10 through 5.7-1 1). <br />Operation <br />The proposed Project includes operation of retail and restaurant commercial and multi -family <br />residential uses. Potential pollutants associated with the proposed uses include various chemicals <br />from cleaners, pathogens from pet wastes, nutrients from fertilizer, pesticides and sediment from <br />landscaping, trash and debris, and oil and grease from vehicles. If these pollutants discharge into <br />surface waters, it could result in degradation of water quality. The Newport Back Bay, to which the <br />Project site ultimately drains, is currently listed as impaired on the USEPA's 303(d) list for various <br />pollutants. Therefore, additional pollutant discharge could create new or exacerbate existing <br />impairments within these waterbodies, which could result in a significant impact related to water <br />quality. <br />However, operation of the proposed Project would be required to comply with the requirements of <br />the Santa Ana Regional MS4 Permit and Orange County DAMP to develop of a project -specific <br />WQMP (included as PPP WQ-3) that would describe implementation of LID infrastructure and non- <br />structural, structural, and source control and treatment control BMPs to protect surface water quality. <br />