ITEM:		CONSENT CALENDAR
2.	Consider Adoption of Resolution 2018-04 to supersede Resolution 2018-03 and approve the Carmel River Bank Stabilization Project at Rancho San Carlos Road (Action will be taken in compliance with CEQA Sections 15164 and 15168)
Meeting Date:			March 19, 2018	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item:	N/A
Prepared By:			Larry Hampson	Cost Estimate:	N/A
General Counsel Review: Yes
Committee Recommendation: N/A
CEQA Compliance: Section 15164 – preparation of an Addendum and Section 15168 (c) – project as a Later Activity that relies on a previously approved CEQA document

SUMMARY: At their February 22, 2018 meeting, the Board of Directors approved Resolution 2018-03 and directed staff to post a Notice of Determination of findings under the California Environmental Quality Act and approval of the Carmel River Bank Stabilization Project at Rancho San Carlos Road (RSC Project). Subsequent review by District Counsel has determined that posting of a Notice of Determination (NOD) is not required under the law. Because the District has no record of fees paid in 1984 to the California Department of Fish and Wildlife for a NOD concerning approval of a previous Programmatic Environmental Impact Report for this type of activity, a fee of $3,218 would be required to post a NOD with the Monterey County Clerk.

Approval of the Consent Calendar would result in an action by the Board to supersede and update Resolution 2018-03 with Resolution 2018-04, attached as Exhibit 2-A, and would:

· determine that no additional environmental document is required;

· approve the RSC Project;

· direct the General Manager to take action as needed to implement this Resolution

RECOMMENDATION: Staff recommends:

a) the Board adopt Resolution No. 2018-04; and

b) authorize the General Manager to take action to implement this Resolution.

DISCUSSION: CEQA Action Required

In 1984, the District developed and adopted the Carmel River Management Plan and associated program Environmental Impact Report (PEIR). The goals of this plan are to restore streambank stability and to enhance the natural resources of the river. The proposed RSC Project is a continuation of the comprehensive restoration of the Carmel River. Specific goals of the RSC Project are:

1. Prevent further erosion of the streambank on both sides of the river in order to protect land, infrastructure, mature riparian habitat on the floodplain, and an area with Santa Barbara sedge, which is used by Native Americans to weave basketry.

2. To restore riparian vegetation on the banks and active floodplains.

3. To enhance habitat for California red-legged frogs and juvenile steelhead.

For a more detailed discussion of the RSC Project, please refer to Item 12 in the meeting packet for the February 22, 2018 Board of Directors meeting

The Board of Directors previously took action at their February 22, 2018 meeting under CEQA section 15162 “Subsequent EIRs and Negative Declarations” and determined that no subsequent EIR or Negative Declaration is required for the Project. The Board also found that the Project was technically consistent with the 1984 PEIR for the Carmel River Management Plan and an Addendum to the PEIR should be prepared. The Addendum for the RSC Project consists of the Project Description and Cultural Resources Study Agreement referred henceforth as the RSC Project Addendum.

Subsequent review by District Counsel determined that the Board should take action under Section 15168(c) to find that this Project is a Later Activity that relies on the prior CEQA document and that no additional environmental document needs to be prepared. The findings to support that action are contained in the Draft Findings attached as Exhibit 2-B. District Counsel recommended that a new Resolution also be drafted to supersede and update Resolution 2018-03 previously adopted by the Board.

EXHIBITS

2-A Draft Resolution 2018-04

2-B Draft Findings

U:\staff\Boardpacket\2018\20180319\ConsentClndr\02\Item-2.docx