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ITEM: |
ACTION ITEM |
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13. |
Consider Approval of an Addendum to the Pure Water Monterey
Supplemental Environmental Impact Report for the District’s Water Allocation
Program |
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Meeting
Date: |
February
12, 2024 |
Budgeted: |
N/A |
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From: |
David
J. Stoldt, |
Program/ |
35-01-786040 |
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General
Manager |
Line
Item
No.: |
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Prepared
By: |
David
J. Stoldt |
Cost
Estimate: |
N/A |
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General
Counsel Review: N/A |
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Committee
Recommendation: N/A |
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CEQA
Compliance: This action does not
constitute a project as defined by the California Environmental
Quality Act Guidelines Section 15378. |
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SUMMARY:
Construction of the Pure Water Monterey (PWM) Expansion project is
expected to be completed in late 2025. The PWM Expansion is expected to bring
the permanent replacement water supply that will enable the lifting of the cease and desist order (CDO) and the moratorium on the
setting of new meters, if Cal-Am, the District, and the State Water Board all
cooperate.
The new supply over and above
existing demand will be allocated to local jurisdictions through a process led
by the District, involving first the Technical
Advisory Committee, and then ultimately the Policy Advisory Committee (the
Allocation Process.)
In August 2023, the Board received
a technical memorandum from Rincon Consultants on the appropriate environmental
action for the Allocation Process. The Technical Memorandum concluded (a) that the
proposed water allocation qualifies as a project under CEQA because it is being
undertaken by a public agency and has the potential for reasonably foreseeable
indirect physical changes in the environment, such as facilitating land
development through the provision of increased water supplies. In other words,
the additional water that would be available to jurisdictions in the District’s
service area could facilitate development that would have otherwise been
impossible due to lack of water availability; and (b) the document review
determined that the Pure Water Monterey Supplemental EIR, certified April 2021,
SCH No. 2013051094 (2021 SEIR) had already analyzed the growth-inducing and
secondary environmental effects associated with the proposed water allocation,
which is, in practice, a continuation of the District’s existing water
allocation program. Based on those findings, Rincon recommended preparation of
Addendum No. 2 to the 2021 SEIR.
The analysis pursuant to CEQA
Guidelines Section 15162 demonstrates whether the lead agency can approve
the activity as being within the scope of the existing certified 2021 SEIR,
that an addendum to the existing SEIR would be appropriate, and no new
environmental document, such as a new EIR, would be required. The addendum need
not be circulated for public review but can be included in or attached to the 2021
SEIR, and the decision-making body shall consider the addendum with the 2021 SEIR
prior to deciding on the project. The 2021 SEIR can be found here:
The District has prepared the EIR
Addendum, attached as Exhibit 13-A, pursuant
to CEQA Guidelines Sections 15162 and 15164, to evaluate whether the
project’s environmental impacts are covered by and within the scope of the 2021
SEIR for the Expanded PWM/GWR Project. This Addendum details any changes in the
project, changes in circumstances under which the project is undertaken, and/or "new
information of substantial importance" that may cause one or more effects
to environmental resources.
The responses therein substantiate
and support the District’s determination that the
additional water allocation is within the scope of the 2021 SEIR, does not
require subsequent action under CEQA Guidelines Section 15162 and, in
conjunction with the 2021 SEIR, adequately analyzes potential environmental
impacts.
RECOMMENDATION: The General Manager recommends that the Board consider
and approve the Addendum, in conjunction with the 2021 SEIR, and find that
there is substantial evidence that there will be no new significant impacts and
none of the conditions described in Section 15162 of the CEQA Guidelines
calling for preparation of a subsequent EIR have occurred.
EXHIBIT
13-A Addendum to the Pure Water Monterey
Expansion 2021 SEIR
U:\staff\Boardpacket\2024\02122024\Action
Items\13\Item-13.docx