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ITEM: |
PUBLIC HEARING |
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12. |
CONSIDER CERTIFICATION OF Initial
Study/Mitigated Negative Declaration for Sleepy Hollow Steelhead Rearing
Facility Upgrade INCLUDING ADOPTION OF CEQA FINDINGS
AND MITIGATION MEASURES |
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Meeting
Date: |
November
14, 2016 |
Budgeted: N/A |
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From: |
David A. StoldtGeneral Manager |
Program
No.: 2-3-1-F Acct. No. 24-04-785812
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Staff
Contact: |
Larry Hampson |
Cost
Estimate: N/A |
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General
Counsel Approval: Yes. |
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Committee
Recommendation: N/A |
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CEQA Compliance: Certification
is final Board action in the CEQA process. |
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SUMMARY: The Board will consider proposed changes to the Draft
Initial Study/Mitigated Negative Declaration (IS/MND) and certification for the
Sleepy Hollow Steelhead Rearing Facility Raw Water Intake and Water Supply
System Upgrade (the Project) in compliance with the California Environmental
Quality Act (CEQA). The IS/MND is available on the District web site at:
The Project includes: 1) temporarily diverting
flow in the Carmel River in order to remove the existing intake and install a
new intake capable of providing flow to the rearing facility under a variety of
adverse conditions; 2) installing plumbing, filters, and other upgrades to allow
recirculation of a portion of rearing channel flow; 3) mitigation measures to
reduce potential impacts from the work to a less than significant level.
At the Public Hearing, the Board will consider
comments received on the Project and proposed District responses, make findings
concerning measures to reduce potential impacts, and determine whether to
approve the Project. If the Board
approves the Project, a Final IS/MND will be prepared that includes revised
text and additions to the Draft IS/MND and a Notice of Determination will be
filed concerning the Board’s decision. Approval
of the Project and Certification of the IS/MND will allow the District to move
forward with permit applications to build the Project and request grant funds
from the State Coastal Conservancy to reimburse the District for expenses
associated with the Project.
RECOMMENDATION: Staff recommends that the Board take the following actions:
DISCUSSION: MPWMD, Cal-Am, the California Department of Fish and Wildlife (CDFW), the National Marine Fisheries Service (NMFS), and the California State Coastal Conservancy (SCC) have been cooperating to upgrade the Sleepy Hollow Steelhead Rearing Facility (facility), which is situated in unincorporated Monterey County on the west bank of the Carmel River about 1 mile downstream of the former San Clemente Dam location. The project will allow for future changes in water supply, sediment, and debris flow that may affect the facility operations. The project includes modifying the river intake and adding the capability to recirculate a portion of the water running through the artificial channel built to rear juvenile steelhead captured from the river before it goes dry in the summer. Specific tasks include: removing an existing water intake structure in the bed of the Carmel River; installing a new intake structure and cone screen in the bed of the Carmel River; installing piping and other improvements to deliver water from the river to the facility; and constructing a recirculating aquaculture system in the floodplain adjacent to the active channel of the Carmel River to provide water clarification and filtration.
Project construction is anticipated to begin in mid-2017, with completion in 2019. Construction may be phased depending on the actual start date and the facility’s operating schedule. The initial phase of construction, planned for completion in 2017, would include modification or replacement of existing equipment, including the building in which the reuse infrastructure would be housed, the pump station, pipelines, and the intake screen. The second phase, planned for completion in 2018, would include installation of infrastructure for partial water reuse and solids filtration and connections to existing infrastructure. A final phase would include removal of the existing intake structure after the new intake structure is incorporated into the facility operation.
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the District prepared a Draft Initial Study/Mitigated Negative Declaration (IS/MND) (Exhibit 12-E) for the project and published a notice of its intent to adopt the IS/MND on September 30, 2016. The State Clearinghouse received the notice on September 29, 2016 and set the end of the review period at October 28, 2016.
The District received written comments from the NMFS and the Regional Water Quality Control Board (RWQCB) and responded as described in Appendix F to the Final IS/MND (Exhibit 12-A). CEQA Guidelines Section 21092.5 does not require that public agencies commenting on a Draft IS/MND be provided the response to comments; however, MPWMD notified the agencies of the Public Hearing to be held on the project at the November 14, 2016 MPWMD Board meeting and provided a draft of the District’s written responses. The Final IS/MND would incorporate the changes requested by each agency. These changes are not considered to be a substantial revision of the Draft IS/MND.
In compliance with CEQA Guidelines Section
15132, the Final IS/MND will include the following components:
Ø Revisions to the Draft IS/MND to respond to comments received.
Ø Revisions as directed by the MPWMD Board of Directors.
Ø A revised Mitigation Monitoring and Reporting Plan (MMRP) that includes responses to comments received and is to be adopted by the Board.
The CEQA Findings (Exhibit 12-B) have been prepared to comply with CEQA Article 6 Negative Declaration Process, Sections 15070 to 15075, and Sections 15097 and 15105. The District has determined that the project will not have a significant impact on the environment with implementation of the Mitigation Monitoring and Reporting Program to be included in the Final IS/MND.
Next Steps
The Final IS/MND will be used by the MPWMD Board to comply with CEQA for purposes of constructing the Project. Once the Notice of Determination is filed with the Monterey County Clerk and State Office of Planning and Research, other entities may use the certified IS/MND in their decisions about issuing authorizations to carry out the project. These entities include:
State Coastal Conservancy – can rely on the IS/MND to issue a new grant agreement to fund construction of the Project.
U.S. Army – may use portions of the certified IS/MND to facilitate a project review and issue a Corps permit for work in the Carmel River.
National Marine Fisheries Service – may use portions of the certified IS/MND to facilitate a project review and issue a biological opinion about impacts to steelhead from work in the Carmel River.
U.S. Fish and Wildlife Service – may use portions of the certified IS/MND to facilitate a project review and issue a biological opinion about impacts to California Red-legged frogs from work in the Carmel River.
Regional Water Quality Control Board – can rely on the IS/MND to issue a 401 Water Quality Certification for work in the Carmel River.
California Department of Fish and Wildlife – can rely on the IS/MND to issue a Stream Alteration Agreement for work in the Carmel River.
Monterey County – can rely on the IS/MND to issue a Use Permit and grading permit to construct the Project.
The District’s intention is that all permits necessary for the Project are secured by Summer 2017 in order to keep with the current schedule that calls for operation of the new intake and RAS equipment in 2018.
Documents associated with this Project may be viewed or downloaded from the District web site at:
IMPACT TO DISTRICT RESOURCES: MPWMD expenses associated with this Project are being reimbursed through a grant agreement with the State Coastal Conservancy, which is disbursing project funds from a Settlement Agreement between Cal-Am, NMFS, and CDFW concerning impacts to Carmel River steelhead from Carmel River diversions.
EXHIBITS:
12-A Responses to Comments
12-B CEQA Findings
12-C Resolution 2016-19 Certifying the Final IS/MND and Approving the Project
12-D Mitigation
Monitoring and Reporting Plan
12-E Draft Initial Study/Mitigated
Negative Declaration (view on-line or at District office)
U:\staff\Boardpacket\2016\20161114\PublicHrngs\12\Item-12.docx