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HomeMy WebLinkAboutOCSD 12-02RESOLUTION NO. OCSD 12-02 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR IMPLEMENTATION OF THE OUTFALL LAND SECTION AND OCEAN OUTFALL BOOSTER PUMP STATION PIPING REHABILITATION; MAKING CERTAIN FINDINGS RELATING TO ENVIRONMENTAL EFFECTS OF ALTERNATIVE 2 IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING THE OUTFALL LAND SECTION AND OCEAN OUTFALL BOOSTER PUMP STATION PIPING REHABILITATION PROJECT (ALTERNATIVE 2) WHEREAS, the Board of Directors of the Orange County Sanitation District (OCSD or Sanitation District), is considering the approval of the Outfall Land Section and Ocean Outfall Booster Pump Station Piping Rehabilitation, which consists of the inspection, condition assessment and rehabilitation of the ocean outfall system from Surge Tower 2, within the boundaries of Treatment Plant No.2 (Plant 2), across the edge of the Talbert Marsh, to the junction box (Beach Box) located at Huntington State Beach in the City of Huntington Beach (the Project); and WHEREAS, pursuant to the California Environmental Quality Act of 1970 (Public Resources Code sections 21000 et. seq. (CEQA), as amended, and the CEQA Guidelines (Cal. Code Regs., Title 14, sections 15000 et.seq. ), Environmental Science Associates (ESA) under the direction of the Sanitation District as the lead agency for the Project, prepared a Draft Environmental Impact Report (the "Draft EIR") for the Project that assesses the significant environmental impacts of the Project, identifies mitigation measures, and identifies alternatives to the Project; and WHEREAS, the Draft EIR analyzed in project level detail the environmental effects of two different alternatives; and WHEREAS, Alternative 1 would construct a temporary bypass structure downstream of the Beach Box to convey effluent from the 78-inch diameter, one-mile outfall ("Short Outfall") to the 120-inch diameter, five-mile outfall ("Long Outfall") prior to discharge to the ocean enabling the Long Outfall system to be taken out of service in year 2014, for inspection, condition assessment, and rehabilitation without discharging effluent through the Short Outfall; and WHEREAS, under Alternative 2, effluent would be discharged through the Short Outfall to the ocean for four to six weeks in order to take the Long Outfall system out of service for the required inspection, condition assessment and rehabilitation as soon as possible, starting in 2012; and WHEREAS, the Board of Directors of the Sanitation District (Board) is presently considering the certification of an Environmental Impact Report (EIR) pursuant to CEQA for the 832798.1 Outfall Land Section and Ocean Outfall Booster Pump Station Piping Rehabilitation; and WHEREAS, the Sanitation District has identified Alternative 2, with implementation of construction Options A or C, evaluated in the EIR as the recommended Project; and WHEREAS, the Sanitation District has consulted with other public agencies and the general public, and provided such agencies and the public with opportunities to provide written and oral comments on the Project and the Draft EIR including a public review period of 45 days which commenced on December 14, 2011 and ended on January 27, 2012; and WHEREAS, on January 12, 2012, Sanitation District Staff held a duly-noticed public hearing to provide a further opportunity for public agencies and the general public to comment on the Draft EIR; and WHEREAS, the Sanitation District has reviewed the comments received and responded to the significant environmental concerns raised during the review and consultation process; and WHEREAS, the comments and recommendations received on the Draft EIR, either in full or in summary, together with the Sanitation District's responses to significant environmental concerns raised in the review and consultation process, have been included in the Final EIR; and WHEREAS, the Final EIR, including, the Draft EIR comments on the Draft EIR, Responses to Comments Received on the Draft EIR, Agency Comment Initiated Changes, Sanitation District Initiated Changes, and the Mitigation Monitoring and Reporting Program (Final EIR) has been presented to the Board for review and consideration, prior to the approval of, and commitment to, the Project. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: Section 1. The Final EIR has been completed in compliance with CEQA and the CEQA Guidelines. Section 2. The Board has reviewed and considered the information contained in the Draft EIR as revised by the Final EIR prior to approval of, or commitment to, the Project. Section 3.The Final EIR reflects the Sanitation District's independent judgment and analysis. Section 4. The Board finds that changes or alterations have been required in, or incorporated into, the proposed Project which avoid or substantially lessen certain significant environmental effects of the Project, and adopts the Findings of Fact attached as Attachment "A." Section 5. The Board will implement the mitigation measures recommended in in the Final EIR to reduce certain significant impacts of the Project to a less-than-significant level. 832798.1 Section 6. The Board adopts the Statement of Overriding Considerations attached as Attachment "B" which identifies the specific benefits of the Project that outweigh the Project's significant and unavoidable impacts, which are acceptable in light of the Project's benefits. Section 7. The Board adopts the Mitigation Monitoring and Reporting Program (MMRP) attached as Attachment "C" to ensure that the mitigation measures identified in the Final EIR are implemented. Section 8. The Board approves the Outfall Land Section and Ocean Outfall Booster Pump Station Piping Rehabilitation Project (Alternative 2) with construction options Option A or C. Section 9. The record of proceedings on which the Board's decision is based is located at the Sanitation District Administration Offices, 10844 Ellis Avenue, Fountain Valley, CA 92708. The custodian of record of proceedings is the Clerk of the Board for the Sanitation District. Section 10. The Board authorizes and directs Sanitation District Staffto file the Notice of Determination and any other documents in accordance with the requirements of CEQA and the Sanitation District's CEQA procedures. PASSED AND ADOPTED at a regular meeting held February 22,2012 ATTEST: ~~£¥ Clerk of he Board EDMS:003951880/1.9A 832798.1