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HomeMy WebLinkAboutOCSD 16-31RESOLUTION NO. OCSD 16-31 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING FINDINGS WITH RESPECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONSIDERATION OF THE ORANGE COUNTY WATER DISTRICT WATER PRODUCTION ENHANCEMENT PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND RELATED ACTIONS WHEREAS, the Orange County Sanitation District (the "Sanitation District") and the Orange County Water District ("OCWD") certified the Groundwater Replenishment System (the "GWRS" or "Project") Final Program EIR/EIS on March 24, 1999; and WHEREAS, the Sanitation District and OCWD approved minor modifications to the Project, which were approved based upon the Final Program EIR/EIS as augmented by Addendum No. 1 in March 2001, Addendum No. 2 in January 2002, Addendum No. 3 in November 2003, Addendum No. 4 in February 2005, and Addendum No. 5 in May 2011 (the Final Program EIR/EIS, as augmented by Addenda Nos. 1, 2, 3, 4, and 5, is referred to herein as "FEIR"); and WHEREAS, the Sanitation District and OCWD have planned, designed, and constructed the Project. The Project commenced operation on January 10, 2008, and has operated continuously since that date; and WHEREAS, to increase the amount of wastewater flows generated from the Sanitation District to the Project, OCWD proposed a Water Production Enhancement Project ("Enhancement Project") that involves the construction and operation of an above ground flow equalization storage tank and associated pump station at the Sanitation District's Plant No. 2. The Enhancement Project would produce approximately 6,000 acre feet of new water supplies per year. WHEREAS, on October 19, 2016, as lead agency for the Enhancement Project, OCWD approved the Enhancement Project. In connection with that approval, and in order to comply with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"), OCWD considered an Initial Study and Mitigated Negative Declaration prepared by OCWD staff and made CEQA findings. On October 20, 2016, OCWD filed a Notice of Determination under CEQA with respect to its approval of the Enhancement Project ("NOD"); and WHEREAS, the Sanitation District and OCWD desire to perform portions of the Enhancement Project in a manner that minimizes the impacts to the environment, the public, and the surrounding community. 1201611.1 OCSD 16-31-1 NOW, THEREFORE, in consideration thereof, the Board of Directors of the Orange County Sanitation District (the "Board"), DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: The Sanitation District has independently reviewed and considered the Initial Study and Mitigated Negative Declaration; Section 2: Based on evidence presented to the Sanitation District, including the Initial Study and Mitigated Negative Declaration, the Sanitation District, as a responsible agency for the Enhancement Project, does hereby consider the Initial Study and Mitigated Negative Declaration and finds that pursuant to Public Resources Code Section 21166 and California CEQA Guidelines Section 15162: (1) No substantial changes are proposed in the Enhancement Project covered by the Initial Study and Mitigated Negative Declaration which will require major revisions in the Initial Study and Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (2) No substantial changes would occur with respect to the circumstances under which the Enhancement Project covered by the Initial Study and Mitigated Negative Declaration is undertaken which will require major revisions of the Initial Study and Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (3) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence, at the time the Initial Study and Mitigated Negative Declaration was adopted, shows either that the Enhancement Project will have any significant effects not discussed in the Initial Study and Mitigated Negative Declaration, that the significant effects of the Enhancement Project will be substantially more severe than shown in the Initial Study and Mitigated Negative Declaration, that mitigation measures or alternatives found in the Initial Study and Mitigated Negative Declaration to be infeasible would in fact be feasible, or that any mitigation measures or alternatives are considerably different than those analyzed in the Initial Study and Mitigated Negative Declaration. Section 3: The documents and other materials that constitute the record of proceedings on which the Board's decision is based are located at the District Administration Offices, 10844 Ellis Avenue, Fountain Valley, CA 92708, and the custodian for these documents is the Clerk of the Board. Section 4: Sanitation District staff is hereby authorized and directed to file a Notice of Determination. 1201611.1 OCSD 16-31-2 PASSED AND ADOPTED at a regular meeting of the Board of Directors held November 16, 2016. 1201611.l OCSD 16-31-3 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I, Kelly A. Lore , Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the forego ing Resolution No. OCSD 16-31 was passed and adopted at a regu lar meeting of said Board on the 15th day of November 2016 , by the fo llowing vote , to wit: AYES: NOES: ABSTENTIONS: ABSENT: Beamish; Curry; Ferryman; Katapodis ; Kiley; Kim; Kring; Mills; M . Murphy (Alternate); R. Murphy; Nagel; Neugebauer; Nie lsen; Parker; Sebourn; Shawver; F. Smith; Steel; Wanke; Withers and Yarc None None Cho i; Deaton ; Jones and Tinajero IN W ITNESS WHEREOF , I h ave hereunto set my hand and affixed the official sea l of Orange County Sanitation District this 15th day of November 2016. 120 16 11.1 Board of rnrectors Orange County Sanitat ion District OCSD 16-31-4