ITEM:

ACTION ITEMS

 

18.

CONSIDER HOLDING HEARING TO RECEIVE ORAL PUBLIC COMMENTS ON THE DRAFT EIR ON THE PHASE 1 AQUIFER STORAGE AND RECOVERY PROJECT, AND DETERMINE WHETHER OR NOT TO CONDUCT A WORKSHOP

 

Meeting Date:
November 21, 2005

Budgeted: 

ASR EIR

 

From:

David A. Berger,

Program/

Augment Water Supply

 

General Manager

Line Item No.:  1-2-1-B, ASR EIR

 

Prepared By:

Henrietta Stern

Cost Estimate:

None for this action; Board previously approved EIR contract

General Counsel Approval:  Yes.

Committee Recommendation:  N/A

CEQA Compliance:  N/A

 

SUMMARY:   The Draft Environmental Impact Report/Environmental Assessment (DEIR/EA) for the District's Phase 1 Aquifer Storage and Recovery (ASR) project is nearing completion.  The District is the lead agency for the ASR Project EIR in compliance with the California Environmental Quality Act (CEQA). The U.S. Army is the lead federal agency in compliance with the National Environmental Policy Act (NEPA) as it must approve use of property on the former Fort Ord to facilitate the ASR project.  The DEIR/EA is scheduled for release in late November or early December 2005 for a public review period of at least 45 days to receive written comments on the DEIR/EA.  A public hearing to receive oral comments is encouraged, but not required by CEQA and NEPA; educational workshop(s) on the project during the comment period are also optional.   The Board will determine the length of the comment period, and determine whether workshop(s) and a public hearing to receive oral comments should be held, and will select dates, if needed. 

 

RECOMMENDATION: Staff recommends that the Board take the following actions:

 

  1. Set the written comment period for the DEIR as 45 days.  The comment period begins when the DEIR Notice of Completion is logged at the State Clearinghouse in Sacramento.  Assuming a start date early in the week of December 5, 2005, the comment period should end by Friday, January 20, 2006.

 

  1. Do not hold a special public hearing to receive oral public comments on the DEIR.  The ASR project enjoys the support of key agencies and groups and should not be controversial.  Any concerns about the DEIR can be expressed in writing during the regular review period.  Optionally, because the MPWMD has traditionally held public hearings to receive oral comments on a DEIR, the Board could schedule receipt of oral comments during the regular Board meeting scheduled for January 27, 2006.  Such action would effectively extend the DEIR comment period to at least 52 days.   Note: It is possible that the U.S. Army could request that a public hearing be held under NEPA; if so, the January 27, 2006 date could be used.  Information about the Army’s plans is not available at this writing (11/9/05); staff will attempt to confirm the Army’s preference by the November 21, 2005 Board meeting. 

 

  1. Do not schedule a public workshop on the ASR Project DEIR.  As noted in Agenda Item #4, six special Board workshops, including a workshop focused on ASR, are already scheduled for early 2006.

 

BACKGROUND AND DISCUSSION:  The District issued a CEQA Notice of Preparation for the ASR Project in December 2004.  Based on comments received, the EIR scope of work and consultant contracts were refined in March-April 2005 to prepare a joint EIR/EA to comply with both state and federal environmental review requirements.  An administrative draft version of the DEIR/EA has been completed and is currently under required review by the Army through November 22, 2005.  Pending Army comments, the formal Draft EIR should be completed for 45-day public review in late November or early December 2005. 

 

IMPACT TO RESOURCES:  The current budget includes completion of an EIR on the ASR Project (Line Item 1-2-1-B).  The Board previously approved retaining Jones & Stokes Associates (JSA) to complete the EIR, including preparing for and attending two public hearings on the Draft EIR.  If the Board chooses to not hold a public hearing to receive oral comments, there would be a potential savings of about $3,200 in the overall EIR cost.  

 

 

 

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