HomeMy WebLinkAboutOCSD 18-05RESOLUTION NO. OCSD 18-05
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
GROUNDWATER REPLENISHMENT SYSTEM WATER
CONVEYANCE FACILITIES PROJECT INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION AND
CEQA-PLUS FEDERAL CONSULTATION REVIEW
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 based on 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, Addendum No. 5 in May 2011, and Addendum No. 6 in November
2016. (the Final Program EIR/EIS, as augmented by Addenda Nos. 1, 2, 3, 4, 5 and 6, 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, OCWD subsequently made changes to the Enhancement Project
regarding the size and location of the flow equalization tanks. In connection with those
modifications, and in order to comply with CEQA, OCWD prepared a new Initial Study
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and Mitigated Negative Declaration to consider the environmental effects of these
changes; and
WHEREAS, on April 4, 2018, OCWD approved the Enhancement Project. In
connection with that approval, and in order to comply with CEQA, OCWD considered an
Initial Study and Mitigated Negative Declaration and made CEQA findings. On April 5,
2018, 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.
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,
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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.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
May 23, 2018.
APPROVED AS TO FORM:
General Counsel
OCSD 18-05-3
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 foregoing Resolution No. OCSD 18-05 was passed and
adopted at a regular meeting of said Board on the 23rd day of May 2018, by the following
vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Barnes; Bernstein; Berry (Alternate); Collacott; Deaton;
Ferryman; B. Jones (Alternate); Kim; R. Murphy; Nagel;
Nguyen; Parker; Peotter; Sebourn; Shaw; Shawver; F. Smith;
T. Smith; Steel; Wagner; and Wanke
None
Withers
S. Jones; Peterson; and Tinajero
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 23rd day of May 2018.
,MMC
Board of Directors
Orange County Sanitation District
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