Loading...
HomeMy WebLinkAboutDonner Tract Water System Extension CEQA SAUERS ENGINEERING SS0 265 SS24 071S1102 04:57pm P. 002 Sauers Engineering, Inc. Civil & Environmental Engineers Memorandum July 31, 2002 TO: Board of Directors FROM: Keith Knibb, Consulting Engincep SUBJECT: DONNER TRACT WATER SYSTEM EXTENSION - CEQA REVIEW As of July 29, 2002, the California Environmental Quality Act (CEQA) review period is closed for the Donner Tract Water System Extension negative declaration. One comment letter was received from the agencies on State Clearinghouse distribution list. The Board of Directors held a Public Hearing on July 17,2002. No comments were received at the public hearing. The final CEQA documents included with this report are: ► Comments and Responses ► Final Negative Declaration ► Notice of Determination ► Mitigation Monitoring Program ► Department of Fish and Game Certificate of Fee Exemption RECOMMENDATIONS I recommend the Board of Directors take the following actions: ► Adopt the Final Negative Declaration. ► Approve the project for put-poses of CEQA. ► Authorize the filing of the Notice of Determination with the Office of the Nevada County Clerk, and the Governor's Office of Planning and Research. ► Adopt the Mitigation Monitoring Program ► Adopt the De Minimis Impact Finding and authorize the filing of the Certificate of Fee Exemption with the Nevada County Clerk. ► Adopt a finding that the draft documents as circulated and the negative declaration reflect the District's independent judgement. SAUERS ENGINEERING S30 Z65 SS94 07I3110Z 04:67pm P. 0@3 NEGATIVE DECLARATION NAME OF PROJECT: Donner Tract Water System Extension LOCATION: Truckee, California ( ) Proposed Entity or Person Undertaking Project: ( X )Final (XX) Truckee Donner Public Utility District 11570 Donner Pass Road P.O. Box 309 Truckee, CA 95959 Other ( ) Name: Address: Phone: PROJECT DESCRIPTION: Extension of District's existing water system, including distribution pipelines, services, and fire hydrants, into the Donner Tract area to provide water service to approximately 43 lots. Finding: It is hereby found that the above named project will not have a significant effect upon the environment. Initial An initial study of this project was undertaken and prepared in accordance with Article V Study: of the District's local environmental guidelines and Section 15063 of the EIR Guidelines for the California Environmental Quality Act for the purpose of ascertaining whether this project might have a significant effect upon the environment. A copy of such initial study is attached hereto and incorporated herein by reference. Such initial study documents reasons to support the above finding. Mitigation The following mitigation measures have been included in the project to avoid potentially Measures: significant effects: M1. Construction shall be restricted Monday through Friday, 7:00 am - 6:00 pm and Saturdays from 10:00 am- 5:00 pm. Construction plans shall include reference to these restricted hours of construction. M1 If artifacts,paleontological or cultural, or unusual amounts of stone, bone, shell, or artifacts related to the early settlement of the Truckee area are uncovered during construction activity,work shall be hatted and a qualified archeologist shall be consulted for an on-site review. Mitigation measures, as recommended by the archeologist in accordance with Appendix K of the CEQA. Guidelines, shall be implemented prior to recommencement of construction activity. If any bone appears to be human, California law mandates that the Nevada County Coroner and the Native American Heritage Commission be contacted. Date: By. - — -�- SALTERS ENGINEERING 550 26S e834 07/31/02 04:57pm P. 004 NOTICE OF DETERMINATION To:_ Office of Planning and Research From: Truckee Donner PUD 1400 Tenth Street, Room 121 P.O. Box 309 Sacramento,CA 95814 Truckee,CA 96160-0309 X County Clerk County of Nevada 201 Church Street Nevada City, CA 95959 Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Donner Tract Water S stem Extension Project Title 2002062106 Peter L. Holzmeister (530)587-3896 State Clearinghouse Number Responsible Agency Area Code/Telephone Contact Person Donner Tract Truckee Nevada Count Project Location(include county) Project Description: Extension of District's existing water system, including distribution pipelines, services, and fire hydrants, into the Donner Tract area to provide water service to approximately 43 lots. This is to advise that the Truckee Donner Public Utility District has approved the described project on A_ SY 7. 2002 and ® Lead Agency ❑ Responsible Agency Date has made the following determinations regarding the above described project: 1. The project[Dwill Owill not]have a significant effect on the environment. 2. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ® A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. ;Mitigation measures [® were ❑ were not]made a condition of the approval of the project. 4. A statement of Overriding Considerations [ ❑was X was not] adopted for this project. 5. Findings [® were❑ were not]made pursuant to the provisions of CEQA. This is to certify that the Negative Declaration with comments and responses and record of project approval is available to the General Public at: Truckee Donner Public Utility Dist., P.O. Box 309 11570 Donner Pass Road Truckee, CA 96160-0309 Peter L. Holzmeister,General'_--Manager Date DFG Fee ll 0.00 Date received for filing at OPR: SAVERS ENGINEERING 590 265 66S4 07/31/02 04:57pm P. 005 Truckee Donner Public Utility District Donner Tract Water System Extension COMMENTS AND RESPONSES The following are responses to comments received during the circulation and review of the proposed mitigated negative declaration and initial study for the Donner Tract Water System Extension. One comment letter was received during the review period. A copy of the comment letter is attached. On July 17, 2002, the ,Board of Directors held a Public Hearing to receive comments on the adoption of a negative declaration. No comments were received from the public. Letter from California Regional Water Quali Control Board Lahontan Region July 16. 2002: Comment 1: Section 15205 of the CEQA Guidelines requires all mitigated negative declarations reviewed by state agencies shall be submitted to the State Clearinghouse. Further, the minimum review period for providing comments shall be at least thirty days. The proposed mitigated negative declaration was not circulated through the State Clearinghouse, and our agency was provided less than the thirty-day review period(20 days) to provide comments. Therefore, it is the Regional Board staff s opinion that the proposed document is inadequate because it does not comply with CEQA. Response to Comment 1: The District did submit the proposed mitigated negative declaration and initial study to the State Clearinghouse. Attached is a copy of the Acknowledgment Of Receipt from the State Clearinghouse, dated July 17, 2002. The Acknowledgment Of Receipt indicates the review period start and end dates (a thirty day period) and also lists the Regional Water Quality Control Board, Region 6 (So Lake Tahoe) as one of the agencies to which the document was distributed by the Clearinghouse. In addition, because the Regional Board is considered a responsible agency under CEQA, the District sent a copy of the environmental documents directly to the agency in accordance with Section 15072(a) of the CEQA Guidelines. Attached is a copy of the cover letter which accompanied the environmental documents to the Regional Board. The District respectfully disagrees with the Regional Board staff s opinion that the proposed document is inadequate because it does, in fact, comply with CEQA. Comment 2: Section 15064 of the CEQA Guidelines requires the lead agency to make decisions of environmental significance based upon scientific and factual data. Regional Board staff has not been provided with any site plans, drainage analysis, floodplain delineation; wetland delineation, storm water runoff calculations, and plans for temporary and permanent storm water runoff controls. Therefore, any such findings cannot yet be made. Regional Board staff cannot determine applicability of the prohibitions contained in the Water Quality Control Plan for the I SAUERS ENGINEERING SS0 2GS 68S4 07/S1/02 04:57pm P. 006 Lahontan Region (Basin Plan) and the appropriate permitting mechanisms for the proposed project without this information. Response to Comment 2: A site plan based on USGS topographic mapping was included as Exhibit B in the initial study. As is indicated in the initial study, the project involves construction of pipelines and appurtenances within existing roads. As is typical with District pipeline construction projects of this type, surface restoration will involve replacement of the existing surface,whether paved or gravel,resulting in no changes in surface topography, no increase in impervious surface, and no affect on the quantity of storm water runoff or site drainage features. The project's existing roads are considered uplands and not within any floodplains. As engineered plans and specifications are developed for the project, temporary storm water runoff controls will be included as is standard for District pipeline projects. These plans and specifications will be submitted to the Regional Board as part of the permit application process. Comment 3: A National Pollutant Discharge Elimination System(NPDES) general permit for storm water discharges may be required due to construction activities and/or industrial activities resulting in a land disturbance of five acres or more. Beginning January 1, 2003, this requirement encompasses all construction activities resulting in land disturbance of one acre or more. The applicant can obtain a Notice of Intent (NPDES general permit application) for storm water discharge associated with construction and/or industrial projects on the web at ihttn" It appears this project may be part of a larger overall project for the Donner Tract area. If that is indeed the case, the NPDES permit will apply to the greater overall project and not limited to one phase. As part of the NPDES Permit, the applicant is required to develop and implement a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP is subject to review by the Regional Board. The Regional Board will require submittal of grading/drainage and erosion control plans as part of the SWPPP. Response to Comment 3: The project is expected to involve a total of 0.5 acres of ground disturbance. The project is also expected to be completed prior to January 1, 2003. Therefore, a NPDES general permit will not be required for this project, The proposed pipeline extension project is the only project anticipated by the District in the Donner Tract area. Comment 4: The project will need to include appropriate best management practices to prevent untreated storm water runoff from a 20-year 1-hour storm event(0.07 inches of rain) from leaving the project site both during and post construction/project implementation. This may include, but not be limited to, drop inlets, sand and oil separators, detention basins, filtration devices, conveyance systems, and management of any stockpiles (such as sand stockpiles). Calculations used to determine sizing, capacity, and treatment capabilities of these devices shall be included in the final plan. The "Truckee River Hydrologic Unit Project Guideline For Erosion Control" (enclosed) must be followed. 2 SAUERS ENGINEERING S30 266 6634 07131,102 04:57pm P. 007 Response to Comment 4: Following completion of construction, all surfaces will be restored to their pre-construction conditions. The District does not anticipate constructing permanent storm water treatment facilities for run off from the existing roads in which the pipelines will be installed. As is the case with all District pipeline projects of this type, best management practices for protection from untreated storm water run off during construction will be included in the project plans and specifications. These ,may include silt fences, covering of stockpiles, temporary placement of trench spoils on the uphill side of trenches, and removal and permanent disposal of excess spoils. A copy of the "Truckee River Hydrologic Unit Project Guideline For Erosion Control" will be included in the contract technical specifications. These measures will be subject to review by the Regional Board through the permit application process. 3 SAUERS ENGINEERING SSO 2SS 68S4 07181/02 04:57pm P. 008 ��- �y STATE OF CALIFORNIA 1 1 CAD) Governor's Office of Planning and Research State Clearinghouse `W000 I Tal Finney Gray Davis INTERIM DIRKII1R GOVERNOR ACKNOWLEDGEMENT OF RECEIPT DATE: July 17, 2002 TO: Peter Holzmeister Truckee Donner Public Utility District REC'D JUL2 P.O. Box 309 2 2007 Truckee, CA 96160 RE: Donner Tract Water System Extension SCH#: 2002062106 This is to acknowledge that the State Clearinghouse has received your environmental document far state review, The review period assigned by the State Clearinghouse is: Review Start Date: June 28, 2002 Review End Date: July 29, 2002 We have distributed your document to the following agencies and departments: Caltrans, District 3 Department of Conservation Department of Fish and Game, Region 2 Department of Forestry and Fire Protection Department of Health Services Department of Parks and Recreation Department of Watcr Resources Nanvc American heritage Commission Rcglonal Water Quality Control 11d., Region 6 (So Lake Tahoe) kcnourrccR Agency Statc Uinds Commission State Water Resources Control Board, Division of Water Quality State Water Resources Control Board, Division of Water Rights Tahoe Regional Planning Agency The State Clearinghouse will provide a closing letter with any state agency comments to your attention on the date following the close of the review period. Thank you for your participation in the State Clearinghouse review process. 1400 TENTH STREET P.O.BOX 3044 SACRAMENTO,CALIFORNIA 95817-3044 916-445-0611 FAX 916-323-3018 www,oprxa.gov P=,:i SAUERS ENGINEERING 580 265 G834 07/51/02 04:S7pm P. 009 Sabers Engineering, Inc. Civil & Environmental Engineers June 26, 2002 California Regional Water Quality Control Board, Lahontan Region 2501 Lake Tahoe Blvd. South Lake Tahoe, CA 96150 SUBJECT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT, ENVIRONMENTAL REVIEW FOR DONNER TRACT WATER SYSTEM EXTENSION Notice is hereby given that the Board of Directors of the Truckee Donner Public Utility District (TDPUD) is considering adoption of a Mitigated Negative Declaration for the proposed Donner Tract Water System Extension. Enclosed for review are the Proposed Negative Declaration and Environmental Initial Study for the project. On Wednesday, July 17, 2002, the Board of Directors of the TDPUD will hold a public hearing during the regular Board Meeting at the TDPUD board room at which time the Board will receive public comment on the adoption of the Negative Declaration. Written comments should be received by the TDPUD no later than July 26, 2002. Please send written comments to: Truckee Donner Public Utility District c/o Sauers Engineering, Inc. 440 Lower Grass Valley Road, Suite A Nevada City, CA 95959 Y rs truly, � Keith Knibb SAVERS ENGINEERING 630 26S 6834 07/31/02 04:57pm P. 010 California Regional Water Quality Control Board Lahontan Region Winston H.Hickox 2501 Lake Tahoe Boulevard,South Lake Tahoe,California 96150 Gray Davis Secretary for Phone(530)542.5400-FAX(530)544-2271 Governor Environmental Internet:http://www.swrcb.ca.gov/mgcb6 Protection July 16, 2002 Peter Holzmeister, General Manager Truckee Donner Public Utility District P.O. Box 309 Truckee, California 96160-0309 COMMENTS REGARDING THE PROPOSED MITIGATED NEGATIVE DECLARATION FOR THE PROPOSES DONNER TRACT WATER SYSTEM EXTENSION PRO.JECT, NEVADA COUNTY The Lahontan Regional Water Quality Control Board (Regional Board) staff has reviewed the proposed negative declaration for the above referenced project. It is staff s understanding that the proposed project consists of extending the Tahoe Donner Public Utility District's (TDPUD) existing water system into the Donner Tract area to provide water service to approximately 43 lots. This will include distribution pipelines, services, and fire hydrants. Regional Board staff received the draft document on June 27, 2002, and the proposed environmental document is proposed to be heard by the TDPUD Board of Directors at its July 17, 2002 meeting. The Regional Board is a responsible agency pursuant to the California Environmental Quality Act (CEQA) for this proposed project. Water quality control standards for the Truckee River Hydrologic Unit contained in the Water Quality Control Plan for the Lahontan Region (Basin Plan) are applicable to this project. The final environmental document will be used by this agency to issue any necessary permits. We have reviewed all information submitted with regards to water quality and beneficial uses of the affected tributaries to the Truckee River and have the following comments: 1. Section 15205 of the CEQA Guidelines requires all mitigated negative declarations to be reviewed by state agencies shall be submitted to the State Clearinghouse. Further, the minimum review period for providing comments shall be at least thirty days. The proposed mitigated negative declaration was not circulated through the State Clearinghouse, and our agency was provided less than the thirty-day review period(20 days) to provide comments. Therefore, it is Regional Board staff's opinion that the proposed document is inadequate because it does not comply with CEQA. 2, Section 15064 of the CEQA Guidelines requires the lead agency to make decisions of environmental significance based upon scientific and factual data. Regional Board staff has not been provided with any site plans, drainage analyses, floodplain delineation, wetland delineation, storm water runoff calculations, and plans for temporary and permanent storm water runoff controls. Therefore, any such findings cannot yet be made. Regional Board staff cannot determine applicability of the prohibitions contained in the Water Quality California Environmental Protection Agency The energy challenge facing California is real.Every Californian needs to take immediate action to reduce energy consumption.For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at http://www.swrcb.ca.gov P"'Irrl Pnncr SAUERS ENGINEERING S30 266 6884 07/81/02 04:S7pm P. 011 Peter Holzmeister - 2 - Control Plan for the Lahontan Region (Basin Plan) and the appropriate permitting mechanisms for the proposed project without this information. 3_ A National Pollutant Discharge Elimination System (NPDES) general permit for storm water discharges may be required due to construction activities and/or industrial activities resulting in a land disturbance of five acres or more. Beginning January 1, 2003, this requirement encompasses all construction activities resulting in a land disturbance of one acre or more. The applicant can obtain a Notice of Intent (NPDES general permit application) for storm water discharge associated with construction and/or industrial projects on the web at http;//www.swreb.ca aov/stormwtr/construction.htm. It appears that this project may be a part of a larger overall project for the Donner Tract area. If that is indeed the case,the NPDES permit will apply to the greater overall project and not limited to one phase. As part of the NPDES Permit, the applicant is required to develop and implement a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP is subject to review by the Regional Board. The Regional Board will require submittal of grading/drainage and erosion control plans as part of the SWPPP. 4. The project will need to include appropriate best management practices to prevent untreated stormwater runoff from a 20-year 1-hour storm event (0.7 inches of rain) from leaving the project site both during construction and post construction/project implementation. This may include, but not be limited to, drop inlets, sand and oil separators, detention basins, filtration devices, conveyance systems, and management of any stockpiles (such as sand stockpiles). Calculations used to determine sizing, capacity, and treatment capabilities of these devices shall be included in the final plan. The "Truckee River Hydrologic tint Project Guidelines For Erosion Control" (enclosed) must be followed. Thank you for the opportunity to comment on this project. If you have any questions or comments regarding this matter, please contact me at (530) 542-5434. Sigcer�� v Eric J W esources Control Engineer Enclosure: Truckee River Hydrologic Unit Project Guidelines for Erosion Control cc(w/enc): Keith Knibb, Sauers Engineering, Inc. cc: Regional Board Members Janet Mann,Nevada County Environmental Health Department Tony Lashbrook,Town of Truckee Katie Shulte-Joung, State Clearinghouse EJT/km/T:Donner Tract Extension [Pending(Nevada County/TDPUD Donner Tract Water System Extension(new file)] California Environmental Protection Agency The energy challenge facing California is real.Every Californian needs to take immediate action to reduce energy consumption.For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at http://www.swreb.ca.gov Recvcled Paper SAUERS ENGINEERING 550 265 SSS4 07/31/02 04:57pm P. 012 TRUCKEE RIVER HYDROLOGIC UNIT PROJECT GUIDELINES FOR EROSION CONTROL In the interest of protecting surface water quality from unnatural or accelerated erosion ,aused by land development, the following guidelines shall be followed: 1 . Surplus or waste material and/or fill of earthen material shall not be placed in drainage ways or within the 100-year flood plain of any surface water of the Truckee River Hydrologic Unit. 2. All loose piles of soil , silt, clay, sand, debris, or other earthen materials should be protected in a reasonable manner to prevent the discharge of these materials to waters of the State. --�--3. er comp a 1off--ofasrrr p�alct,—aTY°-surplus or waste earthen materials should be removed from the site and deposited in an approved disposal location or stabilized onsite. 4. Dewatering should be done in a manner so as to eliminate the discharge of earthen materials from the site. 5. Land disturbance associated with project construction is prohibited between October 15th and May 1st. For projects taking one construction season, erosion control measures are to be effective prior to the onset of winter. For projects taking longer than one season, complete winterization is required. 6. Where possible, existing drainage patterns should not be significantly modified. 7. Drainage swales disturbed by construction activities should be stabilized by appropriate soil stabilization measures to prevent erosion. 8. All non-construction areas should be protected by fencing or other means to prevent unnecessary disturbance. 9. During construction, temporary gravel , hay bale, earthen, or sand bag dikes and/or nonwoven filter fabric fence should be used as necessary to prevent discharge of earthen materials from the site during periods of precipitation or runoff. 10. Runoff from impervious surfaces shall be treated or contained onsite for up to and the including a 20-year, 1-hour storm. A 20-year, 1-hour storm would drop 0.7 inches of rain in the California portion of the Truckee River Basin. Runoff leaving the project site must meet specific constituent levels prior to discharge to storm drainage systems or natural watercourses. continued SAUERS ENGINEERING 550 265 SSS4 07/21/02 04:S7pm P. 01S Projects Guidelines continued -2- 11 . Revegetated areas should be continually maintained in order to assure adequate growth and root development. Erosion control facilities should be installed with a routine maintenance and inspection program to provide continued integrity of erosion control facilities. 12. Waste drainage waters in excess of that which can be adequately retained on the property should be collected before such waters have a chance to degrade, and should be treated, if necessary, before discharge from the property. 13. Where construction activities involve the crossing and/or alteration of a stream channel , such activities require a prior written agreement with the California Department of Fish and Game and should be timed to occur -dur�ng'tKd pe"rfod -in which stream flow is expected to be lowest for the year. SAUERS ENGINEERING 580 26S 6834 07/81/02 04:S7pm P. 014 Truckee Donner Public Utility District Donner Tract Water System Extension MITIGATION MONITORING PROGRAM The Mitigation Monitoring Program insures the enforcernent of mitigation measures included in the project's negative declaration. The Environmental Initial Study identifies mitigation monitoring responsibilities including method of implementation, timing of implementation, and responsible party. The following Mitigation Monitoring Program Checklist provides a method to verify implementation of mitigation measures. Typically, mitigation measures are implemented at three phases of a project; project planning and design, project construction, and following project completion. The checklist shows verification of implementation at each phase for each mitigation measure. Truckee Donner Public Utility District Donner Tract Water System Extension MITIGATION MONITORING PROGRAM CHECKLIST Mitigation Measure Mitigation Monitoring Verification at Verification Verification at Comments Planning/Design During Project Construction Completion A M1. Construction shall be restricted Project Engineer- Engineer to be z Monday through Friday, 7:00 am- 6:00 responsible for including noise pm and Saturdays from 10:00 am - 5:00 mitigation measures in construction m pm. Construction plans shall include specifications and monitoring ea reference to these restricted hours of compliance during construction. Z ut construction. M2. If artifacts,paleontological or Project Engineer- Conditions of this cultural, or unusual amounts of stone, mitigation measure will be included at bone, shell, or artifacts related to the in contract specifications and u early settlement of the Truckee area are implemented, if necessary, by the m uncovered during construction activity, District during construction. ut work shall be halted and a qualified archeologist shall be consulted for an on- site review. Mitigation measures, as recommended by the archeologist in accordance with Appendix K of the CEQA_ Guidelines,shall be implemented prior to recommencement G1 of construction activity. If any bone m appears to be human,California law mandates that the Nevada County m N Coroner and the Native American Heritage Commission be contacted. r J U 3 0 w UI SAUER6 ENGINEERING 560 zes 6884 07/81/02 04:57pm P. 016 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De MlnlmiS Impact Finding Project Title/Location, Name and Address of Project Proponent (including county): Donner Tract Water System Extension, Truckee,Nevada County. Truckee Donner Public Utility District P.O. Box 309 Truckee, Nevada County, CA 96160-0309 Project Description: Extension of District's existing water system, including distribution pipelines, services, and fire hydrants, into the Donner Tract area to provide water service to approximately 43 lots. Findings of Exemption: An initial study has been conducted by the Truckee Donner Public Utility District so as to evaluate the potential for adverse environmental impact. When considering the record as a whole there is no evidence before the Truckee Donner Public Utility District that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The Truckee Donner Public Utility District has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d) of Title 14, Code of California Regulations. Certification: I hereby certify that the Truckee Donner Public Utility District has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 71 L2 of the Fish and Game Code. Peter L. Holzmeister Title: General Manager Lead Agency: Truckee Donner PUD Date: