ITEM:		PUBLIC HEARING
13.	CONSIDER ADDENDUM TO Mitigated Negative Declaration for Sleepy Hollow Steelhead Rearing Facility Upgrade INCLUDING ADOPTION OF CEQA FINDINGS AND MITIGATION MEASURES
Meeting Date:			January 25, 2017	Budgeted:	N/A
From:			David A. Stoldt General Manager	Program/ Line Item No.:	2-3-1-F
				Acct. No.	24-04-785812
Staff Contact:			Larry Hampson	Cost Estimate:	N/A
General Counsel Approval: Yes
Committee Recommendation: N/A
CEQA Compliance: CEQA Section 15164 Addendum to an EIR or Negative Declaration

SUMMARY: The Board will consider an Addendum (Exhibit 13-A) to the 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 and Addendum (Exhibit 13-D) can be viewed on the District web site and at the District office.

The Addendum is to correct the description of the affected environment in the IS/MND, which erroneously identified the Central California Coast distinct population segment (DPS) steelhead as potentially occurring at the Project site, and provided a description for that species. Central California Coast DPS steelhead would not be present at the Project site as it is not within the range of this DPS. Rather, the Project site provides habitat to South Central California Coast DPS steelhead. The correction does not affect any of the resource-specific impact determinations presented in the IS/MND.

At the Public Hearing, the Board will consider any written or oral comments received on the Addendum and proposed District responses, make findings concerning the Addendum, and determine whether to approve the Addendum.

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

1. Address any written or oral comments received at the Public Hearing;
2. Adopt CEQA Findings (Exhibit 13-B) to certify the Addendum;
3. Adopt Resolution 2016-02 (Exhibit 13-C) to certify and approve the Addendum;
4. Direct staff to amend the Final IS/MND to incorporate the Addendum and file a Notice of Determination of approval of the Addendum.

If the Board approves the Addendum, a Notice of Determination will be filed with Monterey County Clerk and the State Clearinghouse concerning the Board’s decision.

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 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 their November 14, 2016 meeting, the Board certified the IS/MND and Mitigation and Monitoring Program for the Project. Following the certification and adoption of a CEQA document, when a project is changed or there are changes in the environmental setting, a determination must be made by the lead agency as to whether an addendum or subsequent MND should be prepared. CEQA Guidelines, Sections 15162 and 15164, sets forth criteria to assess which environmental document is appropriate. An addendum is appropriate if the following are true:

• No new significant impacts will result from the project or from new mitigation measures.

• No substantial increase in the severity of environmental impact will occur.

• No new feasible alternatives or mitigation measures that would reduce impacts previously found not to be feasible have, in fact, been found to be feasible.

The species and location description provided on page 57 of the IS/MND, including associated citations, characterized the distinct population segment (DPS) of steelhead in the Central California Coast, which stretches from Aptos Creek in Santa Cruz County to the Russian River in Sonoma County. This description should be replaced with the description provided in the Addendum, which describes the species and location of the South Central California Coast DPS. Both DPS have been listed as threatened species and are afforded similar protections under the ESA; however, there are physical differences between the DPS and the recovery plans for the species have been tailored to the DPS. The remaining text in the IS/MND, including the impact analysis, determinations, and mitigation measures, remain unaffected.

Based upon the information provided in the Addendum, the changes to the approved Project will not result in new significant impacts or substantially increase the severity of impact. Therefore, an addendum is an appropriate means for addressing this correction, and the Addendum has been prepared to demonstrate that the corrections to the environmental setting would have no effect on the environmental impact analyses presented in the IS/MND.

In compliance with CEQA Guidelines Section 15132, a revised version of the Final IS/MND will include this Addendum.

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

13-A Addendum to the Initial Study/Mitigated Negative Declaration

13-B CEQA Findings

13-C Resolution 2017-02 approving the Addendum

13-D Draft Initial Study/Mitigated Negative Declaration (view online or at District office)

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