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May 6, 2021 <br />Page 23 <br /> <br /> <br />5005-003acp <br /> <br /> printed on recycled paper <br />above-and-beyond existing laws, regulations, and requirements that would reduce <br />environmental impacts.99 Tier 4 Interim measures would already be considered <br />part of the Project, as the Checklist states they are required by the EPA. But, <br />CEQA requires that mitigation measures are measures which are not part of the <br />original project design. In Trisha Lee Lotus et al. v. Department of Transportation <br />et al. the court held that “[b]y compressing the analysis of impacts and mitigation <br />measures into a single issue, the EIR disregards the requirements of CEQA.”100 <br /> <br />But, as our experts at SWAPE determined, the Tier 4 Interim measures are <br />not within the mitigation monitoring and reporting plan (“MMRP”).101 As such, <br />these mitigation measures are not enforceable. “As Tier 4 Interim construction <br />equipment is not formally included as a mitigation measures, we cannot guarantee <br />that Tier 4 Interim emission standards would be implemented, monitored, and <br />enforced on the Project site. Thus the model’s assumption that the entire off-road <br />construction fleet would meet Tier 4 interim emission standards is incorrect.” The <br />Checklist’s air quality analysis is therefore not based on substantial evidence. An <br />Infill EIR must be prepared to remedy this inadequacy and adequately analyze and <br />mitigate air quality impacts. <br /> <br />b. Energy Usage <br /> <br />SWAPE concluded that the energy use values in the modeling for the <br />Checklist is not supported by substantial evidence. The unsubstantiated <br />calculations in the Checklist make it impossible to determine whether the <br />mitigation measures proposed would adequately mitigate such impacts. An infill <br />EIR is therefore required to ensure that sufficient analysis of energy-source <br />operational emissions and mitigation measures is undergone before Project <br />approval. <br /> <br />ii. Noise <br /> <br />General Plan Action EH-7.5.A and EH7.5.B establish conditions of approval for <br />projects likely to have noise and vibration impacts. But, Wilson Ihrig determined <br />that the Uniformly Applicable Development Standards detailed in the General Plan <br /> <br />99 SWAPE Comments, p. 12; “CEQA Portal Topic Paper Mitigation Measures.” AEP, February 2020, <br />available at: https://ceqaportal.org/tp/CEQA%20Mitigation%202020.pdf, p. 5. <br />100 Lotus v. Department of Transportation (2014) 223 Cal.App.4th 645,656. <br />101 SWAPE Comments, p. 13. <br />113