ITEM:

PUBLIC HEARING

 

14.

CONSIDER CERTIFICATION OF Initial Study/Mitigated Negative Declaration AND ADDENDUM for LOS PADRES DAM GRAVEL AUGMENTATION PROGRAM INCLUDING ADOPTION OF CEQA FINDINGS AND MITIGATION MEASURES (CEQA Sections 15063, Initial Study; 15070, Negative Declaration; and 15162(b), Addendum. Adoption is final Board action in the CEQA process.)

 

Meeting Date:

July 16, 2018

Budgeted: 

N/A

 

From:

David A. Stoldt,

Program/

2-3-8

 

General Manager

Acct. No.:

24-04-785852

 

 

 

Staff Contact:

Larry Hampson

Cost Estimate: 

N/A

 

General Counsel Approval:  Yes.

Committee Recommendation:  N/A

CEQA Compliance:  CEQA Sections 15063, Initial Study; 15070, Negative Declaration; and 15162(b), Addendum. Adoption is final Board action in the CEQA process.

 

SUMMARY:  The Board will consider the Draft Initial Study and Mitigated Negative Declaration (IS/MND) and adoption for the Los Padres Dam Gravel Augmentation Program (the Project) in compliance with the California Environmental Quality Act (CEQA).  The IS/MND is available on the District web site at:

 

http://www.mpwmd.net/regulations/public-notices/ceqa/

 

The Project includes: importation of up to 2,000 tons of gravel and placement of up to 1,500 tons in the Carmel River channel downstream of Los Padres Dam during the low flow season.  Material would be placed in the same footprint as similar project completed in 2014.  The balance of material not placed into the river in the initial phase would be stockpiled for later use after the river washes material downstream.  It is estimated that three to four replenishment projects to import and place up to 1,500 tons during each project could be carried out in a 10-year period.

 

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 complete the Project.

 

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 14-A) to certify the Final IS/MND and Addendum;
  3. Adopt Resolution 2018-15 (Exhibit 14-B) certifying the IS/MND and approving the Project;
  4. Adopt the Mitigation Measures as described in Exhibit 14-C;
  5. Direct staff to prepare a Final IS/MND that incorporates all changes made in response to comments received and file a Notice of Determination of approval of the Los Padres Dam Gravel Augmentation Program based on the certified Final IS/MND.

 

DISCUSSION:  California American Water has entered into a Memorandum of Agreement with the National Marine Fisheries Service (NMFS) effective January 10, 2018 (MOA) that, among other things, provides for interim gravel replenishment below Los Padres Dam to maintain spawning gravels downstream of Los Padres Dam pending a determination about the future of the dam.  Since 1994, MPWMD has had an ongoing program to augment spawning habitat for the benefit of steelhead throughout the Carmel River and has an interest in assisting Cal-Am with gravel replenishment at Los Padres Dam.

 

MPWMD executed an agreement with Cal-Am to cooperate on the initial phases of the gravel augmentation project.  The MOA provides that gravel replenishment amounts, methods and scheduling are to be approved by NMFS.  Cal-Am, MPWMD, and NMFS have agreed on a scope of work for the initial phase, which is intended to be completed over a three-year period. 

 

MPWMD’s role in the Project will be to act as Lead Agency under CEQA, obtain permits, and supervise placement of the gravel in the field. 

 

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 14-C) for the project and published a notice of its intent to adopt the IS/MND on May 14, 2018.  The State Clearinghouse received the notice on May 14, 2018 and set the end of the review period at June 12, 2018. 

 

The District received no written comments on the Draft IS/MND (Exhibit 14-C).  MPWMD notified regulatory agencies of the Public Hearing to be held on the project at the July 16, 2018 MPWMD Board meeting. 

 

The Addendum to the Draft IS/MND is to add the removal of a 100-foot long Alaskan steeppass fish ladder that is no longer serviceable (see Figure 1).  The ladder consists of concrete walls with a steel grate over the top.  The ladder is within the footprint of the area where gravel would be placed and removal would have no additional impact along the active channel.  It would be removed with a combination of hand tools (e.g., concrete saw and/or pneumatic jackhammer) and heavy construction equipment to haul material away (the same equipment used to haul gravel into the stream).  No additional mitigation measures are necessary to remove the ladder.

Place gravel along stream (note: gravel in this picture placed in 2015 has washed downstream)
 

Remove steeppass ladder
 

 

Figure 1 – Abandoned Alaskan steeppass fish ladder downstream of Los Padres Dam

 

CEQA Action

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  An Addendum to include removal of a non-functional fish ladder

 

The CEQA Findings (Exhibit 14-A) have been prepared to comply with CEQA Article 6 Negative Declaration Process, Sections 15070 to 15075, and Sections 15097 and 15105. The CEQA Findings for the Addendum have been prepared to comply with State CEQA Guidelines Sections 15162 and 15164.  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 carrying out 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:

 

U.S. Army – will issue a Section 404 permit under the Clean Water Act.

 

U.S. Fish and Wildlife Service – will issue a biological opinion under the Endangered Species Act for impacts to California red-legged frogs.

 

Regional Water Quality Control Board – will issue a Section 401 Water Quality Certification under the Clean Water Act.

 

California Department of Fish and Wildlife – will issue a Stream Alteration Agreement.

 

Monterey County – will issue a grading/stockpiling permit.

 

The National Marine Fisheries Service has issued a biological opinion that includes this project. After all permits are secured, the District will request that Cal-Am contract for delivery and placement of the gravel. 

 

IMPACT TO DISTRICT RESOURCES:  MPWMD expenses associated with this Project to secure permits will be reimbursed by Cal-Am.  MPWMD will contribute in-kind services as Lead Agency and for project management in the field.

 

EXHIBITS

14-A    CEQA Findings for Mitigated Negative Declaration

14-B    Resolution 2018-15 Certifying the Final IS/MND and Approving the Project

14-C    Draft Initial Study/Mitigated Negative Declaration (view on-line at)

http://www.mpwmd.net/regulations/public-notices/ceqa/

 

 

 

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