HomeMy WebLinkAboutOCSD 11-20 RESOLUTION NO. OCSD 11-20
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ADOPTING A
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR PHASE 2 OF
THE SANTA ANA RIVER LEVEE REPAIR PROJECT FOR THE
NEWPORT TRUNK SEWER AND FORCE MAINS
REPLACEMENT PROJECT (CONTRACT NO. 5-58)
WHEREAS, the Board of Directors of the Orange County Sanitation District
("District") certified the Final Environmental Impact Report (FEIR) for the Replacement
of the Newport Trunk Sewer and Force Mains Project, Contract No. 5-58 (the "Project")
on April 27, 2005; and
WHEREAS, on April 28, 2005, a Notice of Determination was filed with the State
Clearinghouse for the Project FEIR; and
WHEREAS, during the construction of the Project, microtunneling operations
created settlement in the soil and damage to the Santa Ana River levees and other
areas along the Project alignment; and
WHEREAS, in September 2010, the District declared an emergency, and
completed repairs required to eliminate an immediate risk of a levee failure; and
WHEREAS, the California Coastal Commission's approval for emergency repairs
was limited to only that portion of work that would eliminate an immediate risk of levee
failures ("Phase 1");
WHEREAS, the District needs to complete all repairs to the damaged levees
near the District's Treatment Plant No. 2 in order to restore the levees to their pre-
Project condition as required by the County of Orange and the United States Army
Corps of Engineers ("Phase 2 Project"); and
WHEREAS, pursuant to the California Environmental Quality Act, California
Public Resources Code Section 21000 et seq., ("CEQA") and CEQA's implementing
guidelines, California Code of Regulations, Title 14, Section 15000 et seq. ("CEQA
Guidelines"), an initial study was prepared by the District, and it has been determined
that the proposed Phase 2 Project qualifies for a Mitigated Negative Declaration
("MND") because the proposed Phase 2 Project with the proposed mitigation measures
cannot, or will not, as mitigated, have a significant effect on the environment; and
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WHEREAS, a Mitigation Monitoring and Reporting Program has been prepared
and is attached to the MND listing the mitigation measures to be monitored during the
Phase 2 Project implementation; and
WHEREAS, the MND was prepared and circulated in accordance with CEQA
and the CEQA Guidelines; and
WHEREAS, a duly noticed public meeting was held by the Board of Directors of
the District on December 21, 2011, and all interested persons were given an opportunity
to be heard; and
WHEREAS, the Board of Directors gave due and careful consideration to the
matter, including all written and oral comments, during its meeting of December 21,
2011.
NOW, THEREFORE, in consideration thereof, the Board of Directors of the
Orange County Sanitation District, does hereby resolve, declare, determine, and order
as follows:
Section 1: The foregoing recitals are true and correct.
Section 2: The Board of Directors has considered the proposed MND and
Mitigation Monitoring and Reporting Program, together with all comments received
during the public review process.
Section 3: The Board of Directors finds on the basis of the evidence presented
and the whole record before it, including the initial study, and comments received, that
there is no substantial evidence that the Phase 2 Project, as mitigated, will have a
significant effect on the environment.
Section 4: The Board of Directors further finds that the adoption of the MND
reflects the Board of Directors' independent judgment and analysis.
Section 5: Therefore, the Board of Directors of the District does hereby adopt
the MND and Mitigation Monitoring and Reporting Program for the Phase 2 Project.
Section 6: The record of proceedings on which the Board of Directors of the
District's decision is based is located at the Orange County Sanitation District
Administration Offices, located at 10844 Ellis Avenue, Fountain Valley, CA 92708-7018.
The custodian of record of proceedings is the Clerk of the Board for the District.
Section 7: District staff is hereby authorized and directed to file a Notice of
Determination within five working days as required by CEQA Guidelines Section 15075.
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PASSED AND ADOPTED at a regul4metirrig held December 21, 011.
a ndall, Chair
Board of rectors
ATTEST:
Mari E. Aya
Clerk of the Board
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