HomeMy WebLinkAboutPCD/GPC 89-06; ENCINA POWER RECLAIMATION; Planning Comm Determ/Gen Plan Consis (PCD/GPC)I'-'
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF LOANS AND GRANTS
ENVIRONMENTAL REVIEW PROCESS GUIDELINES FOR
STATE LOAN PROGRAM APPLICANTS
PART I. PURPOSE
These guidelines detail the steps that must be taken by local agencies
(applicants) to comply with the environmental review requirements for the
wastewater treatment facility loan programs administered by the State Water
Resources Control Board (State Board), Division of Loans and Grants (DL&G).
Generally, the process set forth here is accomplished through compliance
with the California Environmental Quality Act (CEQA). However, there are
some additional requirements for applicants seeking loans from the State
Revolving Fund (SRF) which is funded partially by the Federal Government.
These additional requirements are clearly emphasized.
Detailed requirements under CEQA are given in the CEQA Guidelines
(California Code of Regulations Title 14, Division 6, Chapter 3). Copies
of CEQA and the CEQA Guidelines are available from the State Clearinghouse
[(916)445-0613] or from the Department of General Services, Publications
Section, P.O. Box 1015, North Highlands, CA 95660 [(916)924-4800]. These
guidelines are intended to supplement the CEQA Guidelines with specific
requirements for environmental documents which will be acceptable to the
State Board when reviewing applications for wastewater treatment facility
loans; they are not intended to supersede or replace the CEQA Guidelines.
The Applicant is a "Lead Agency" as defined under CEQA; the State Board and
other agencies having jurisdiction over the proposed project are
"Responsible Agencies" under CEQA.
State Board regulations (California Code of Regulations, Title 23) state
that "Whenever any public agency applies to the State Board for any
discretionary financial assistance for a project to be undertaken by such
public agency, the application shall be supported by either an Initial
Study and a Negative Declaration or an "EIR". Section 3750(b).
Questions regarding environmental procedures and practices should be
directed to the State Water Resources Control Board, Environmental Services
Unit, at (916) 739-4416. Questions regarding cultural resources should be
directed to the DL&G Cultural Resources Officer at (916) 739-4417.
PART II. DETAILED PROCEDURES
All references to section numbers or appendices refer to the CEQA
Guidelines. Figure A presents a generalized step-by-step approach
describing the CEQA process. The numbers in Figure A correspond to the
numbered paragraphs below:
1. Submit a project description to the Division of Loans and Grants
[DL&G]. This will be reviewed by both the project engineer and the
- Environmental Services Unit.
.
2. Prepare an Initial Study as described in the CEQA Guidelines, Section
15063. An "Initial Study" is a preliminary analysis prepared by the
Lead Agency to determine whether an EIR [Environmental Impact Report]
or a Negative Declaration must be prepared. The criteria for
"significance" of impacts are listed in Sections 15064 et geg.
3. <Decision Point> Are there possible significant adverse environmental
impacts? If yes, proceed to Item 9 for start of EIR process; if no,
proceed to Item 4 for Negative Declaration process.
4. Prepare Negative Declaration [Section 15371].
5. Circulate Negative Declaration [Sections 15072 and 15073]. See Item
12 for more detail.
6. Public participation: A public hearing is strongly recommended when
applying for any loan administered by the DL&G, and is mandatory when
applying for a SRF loan. An earnest public participation program can
greatly improve the planning process and reduce the chance of delays
due to public controversy. For assistance in this area, please feel
free to call the Environmental Services Unit. See Item 13 for more
detail.
7. <Decision Point> Are there any significant comments? If yes, proceed
to Item 9, prepare an EIR; if no, no further environmental analysis
required.
8. Based on the lack of significant effects disclosed in the Initial
Study and the absence of significant comments received, the decision-
making body should make a finding that the project will have no
significant effect on the environment and approve the Negative
Declaration. Proceed to Item 17.
9. The State EIR Guidelines require that a Notice of Preparation (NOP) be
distributed whenever an EIR is proposed. An NOP is a brief notice
sent by you to notify the Responsible Agencies, Trustee Agencies, and
involved federal agencies that an EIR will be prepared for the
project. The purpose of the NO? is to solicit guidance from those
agencies as to the scope and content of the environmental information
to be included in the EIR. Public agencies are free to develop their
own formats for this NOP. The contents of the NOP are described in
Section 15082. If it is uncertain whether an EIR or a Negative
Declaration is appropriate, an NOP should be distributed in order to
cover both eventualities. Please consult with the Environmental
Services Unit or with the State Clearinghouse at (916) 445-0613 if
there are any questions about the procedures to be followed.
10. Incorporate any comments received in response to the NOP into the
Draft EIR (Item 11).
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11. Prepare Draft EIR. "EIR" or "Environmental Impact Report" means a
detailed statement prepared under CEQA that describes and analyzes the
significant environmental -effects of a project and discusses ways to
mitigate or avoid the effects. See Section 15120 et sea.
12. Submit Draft EIR for review by the public and local, state and federal
agencies [Sections 15085-150873. The following review.procedureS are
designed to coordinate the project with various federal, state, and
local areawide plans and programs.
Send two [2] copies of the environmental document [either a Draft EIR
or Negative Declaration] to the DL&G Environmental Services Unit.
All correspondence with the DL&G regarding environmental documents
(Draft EIRs, comments received, Final EIRs, Negative Declarations,
etc.) should be addressed to:
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF LOANS AND GRANTS
ENVIRONMENTAL SERVICES UNIT
P. 0. BOX 944212
SACRAMENTO, CA 94244-2120
Send ten [copies] of the EIR or Negative Declaration to the State
Clearinghouse, unless the State Clearinghouse approves a lower number
in advance [Section 15205(e)].
Draft EIRs and Negative Declarations to be reviewed by state agencies
must be submitted to the State Clearinghouse [Section 15205]. You may
use either the standard "Notice of Completion and Environmental
Document Transmittal Form" included in the CEQA Guidelines [Appendix
C] or develop a similar form to be used when submitting the documents.
On the back side of the form, put a check on any of the "REVIEWING
AGENCIES" that you would like Draft EIRs to be sent to (optional),
otherwise the State Clearinghouse will select the appropriate review
agencies. You must also use a copy of the completed form when sending
documents to the areawide clearinghouse.
You must also send a formal transmittal letter to the State
Clearinghouse giving them the authority to distribute the copies of
the Draft EIR. If a consultant is preparing the Draft EIR, the
consultant must obtain a formal transmittal letter from you stating
that you, the applicant, give permission to the consultant to send the
Draft EIR copies to the State Clearinghouse. The letter should also
have the State Clearinghouse number from the NOP. If you need a
shorter review period than the normal 45 days, you, not the
consultant, must submit a written request. This formal request can be
included in the transmittal letter stating the reasons for a shorter
review period.
While you are encouraged to contact the regional and district offices
of State Responsible Agencies, this does not replace the requirement
3
to submit documents to the State Clearinghouse for distribution
[Section 15205(f)].
To send documents to the State Clearinghouse, use the following
address:
GOVERNOR'S OFFICE OF PLANNING AND RESEARCH
OFFICE OF PERMIT ASSISTANCE
STATE CLEARINGHOUSE
1400 TENTH STREET, ROOM 121
SACRAMENTO, CA 95814
The focal point of the State's review is the State Clearinghouse. The
review starts when the State Clearinghouse receives your Draft EIR or
Negative Declaration, at which time they will assign a Clearinghouse
number to your project. If an NOP was previously filed, they will use
the Clearinghouse number assigned to the.NOP. This eight-digit number
(e.g. SCH 82061506) is very important and should be used on all
documents, such as inquiry letters, supplemental drafts, final EIRs,
etc. The State Clearinghouse will send you an "ACKNOWLEDGEMENT" card.
If you have any questions about the State Clearinghouse procedures,
call (916) 445-0613.
You are responsible for sending copies of the environmental documents
(either Draft EIR5 or Negative Declarations) to any local or federal'
responsible agency with jurisdiction over any part of the proposed
project.
If the project involves a SRF loan, you are required to send a copy of
the NOP or environmental document directly to the following agencies
and agency associations:
A. The Areawide.Clearinghouse (Usually the local council of
governments)
B. Advisory Council on Historic Preservation
730 Simm Street, Room 450
Golden, Co. 80401
C. District Engineer
U.S. Army Corps of Engineers, Division of Ecological Services
2800 Cottage Way, Room E-1803
Sacramento, Ca. 95825
D. The U.S. Fish and Wildlife Service, Sacramento District
650 Capitol Mall
Sacramento, Ca. 90012
E. U.S. EPA, Region 9, Construction Grants Branch (w-2-2)
215 Fremont Street
San Francisco, Ca. 94105
4
F. Federal Emergency Management Agency
Building 105, presidio
San Francisco, Ca. 94129
G. State Conservationist, U.S.D.A. Soil Conservation Service
2121 C St., Ste. 102
Davis, Ca. 95616-4999
I. Land Use Planning Office
U.S. Forest Service, Review
630 Sansome Street
San Francisco, Ca. 94111
H. California State Coastal Commission, South Coast Area
245 Broadway, Suite 380
Long Beach, Ca. 90802
(For all projects in coastal counties)
I. Dept. of Commerce, U.S. National Marine Fisheries
300 South Ferry Street
Terminal Island, Ca. 90731
(For all projects in coastal counties)
J. U.S.D.I. Assistant Secretary
Program Policy Office of Environmental Project
18th and C Streets NW, Room 4239
Washington DC, 20240
(For all projects near wild or scenic rivers)
When sending your environmental document to the local Areawide
Clearinghouse, please include a copy of the following:
A. Draft EIR or Negative Declaration
B. Project Report (if available)
C. "NOTICE OF COMPLETION AND ENVIRONMENTAL DOCUMENT TRANSMITTAL
FORM". Make sure State Clearinghouse Number is on the form and
the Areawide Clearinghouse name in the appropriate block (item
12)
For projects involving SRF loans, the above agencies must have at
least forty five (45) calendar days to review each environmental
document (including Negative Declarations). The review is to be
calculated as fifty one (51) calendar days from the date the
environmental document was mailed to the reviewing agency. You must
certify that you mailed a complete copy of the environmental document
to each of the agencies listed above on a specified date with
instructions to send their comments back to yourself with a copy to
the DL&G.
5
After the review period ends you will receive comments from:
A. State Clearinghouse (Comments from various state agencies)
B. Areawide Clearinghouse (sign-off on "NOTICE OF COMPLETION AND
ENVIRONMENTAL DOCUMENT TRANSMITTAL FORM" with or without
comments)
C. Federal Agencies
D. Interested Parties
13. Public participation and review are essential to the CEQA process
[Section 15087]. Each public agency should include wide public
involvement, formal and informal, consistent with its existing
activities and procedures, in order to receive and evaluate public
reactions to environmental issues related to its project. While CEQA
itself does not require formal public hearings at any stage of the
environmental review process, such hearings are a required part of an
application for SRF loans, and are strongly recommended for all
projects receiving funds from the DL&G. You should provide ample
notice when formal public hearings or meetings are scheduled. Public
comments or controversies that are not responded to during the
planning of a proposed project could result in the need for a
Subsequent EIR at a later stage or lead to legal challenges, thus
delaying the project and raising the cost significantly.
14. <Decision Point> Review all comments received during the review
process, including any oral comments received at formal or informal
public meetings. Decide whether or not the comments are significant.
If they are significant, go to Item 15. If they are not significant
or no comments were received, go to Item 16.
If the project involves a SRF loan, send a copy of the comments to the
DL&G at the above address and a copy to the appropriate California
Regional Water Quality Control Board.
15. <Decision Point> If the comments are significant, consider whether
they would require a complete revision of the EIR or the proposed
project or whether mitigation measures could reduce the impacts
sufficiently. If the EIR needs complete re-writing, return to Item 9.
If mitigation measures can be devised, go to Item 16.
16. Incorporate comments [or state that no comments were received] and any
necessary mitigation measures into the Final EIR. Include a plan for
implementing and monitoring mitigation measures. Also include dates
for all public meetings, hearings, etc. and the dates of notices for
them. The final EIR must be certified by your decision making body.
After resolving all comments and printing your Final EIR, submit
copies to the agencies and individuals commenting on the Draft EIR.
See Section 15132 for the contents of a Final EIR.
21
If the project involves aSRF loan, copies of the Final EIR must be
distributed to:
A. State Water Resources Control Board, Division of Loans and Grants
B. Appropriate California Regional Water Quality Control Board
C. Appropriate Areawide Clearinghouse
D. Each federal agency that commented on the Draft EIR.
E. Each local agency that commented on the Draft EIR.
17. Once your decision making body has made a decision on whether to
proceed with the project, you must prepare and file a "Notice of
Determination" [see Appendix D of the CEQA Guidelines) with the State
Clearinghouse and the local County Clerk. The contents of this Notice
are given in Sections 15075 and 15094 for Negative Declarations and
EIR5, respectively. Include a copy of the Notice in the loan
application package.
18. Submit the completed application to the State Board. The application
package must include a copy of the Final EIR (or Negative Declaration)
and the Notice of Determination.
7
Figure A
1
Project
Description
V
2 6
Prepare Public
Initial Participation
Study
I I
V V A
3 I 4 5'
Significant No Prepare Negative Circulate Keg. Significant
impacts? Declaration Declaration comments?
Yes' Yes No
Prepare and
circulate
Notice of
Preparation
V
10
Incorporate
any comments
received
V
11
Prepare
Draft EIR
V
Approve Neg.
Declaration
12 13
Public F- Public participation
review I Yes I - :
1
Decide
to
amend
V V
14 16 17 18
Yes f Significant - Prepare FEIR Approve project, I Submit completed
comments?_INO certify and prepare and fileI—' application
distribute Notice ofDeterini No
Prepared by the Environmental Services Unit of the Division of Loans and Grants,
State Water Resources Control Board.
8
PART III. BASIC OUTLINE FOR ENVIRONMENTAL DOCUMENTS
The purpose of the environmental review is to incorporate environmental
considerations into the planning process. Prior to the selection of a
specific project alternative, a thorough, unbiased and frank analysis of
the environmental impacts of every reasonable project alternative should be
made. It is intended that environmental concerns be considered on an equal
basis with engineering feasibility, economics, and social considerations.
In order to assist you in preparing environmental documents for your loan
application, we have put together this outline. The outline details
project-specific information that must be disclosed in any environmental
document prepared in conjunction with an application for a wastewater
treatment facility loan administered by the State Board. The outline does
not replace CEOA guideline requirements regarding elements of an
environmental document and does not cover all necessary components of the
document.
I. PROJECT DESCRIPTION
A. Describe Objectives that Qualify the Project for a Loan
1. Correction of water quality problems associated with
wastewater treatment facilities
a. Health Department violation
b. Cease and Desist Order
C. Nonconformance with Basin Plan or 208 Plan
d. Other (specify)
2. Treatment of agricultural drainage wastewater
3. Wastewater reclamation
B. Explain How Objectives will be Accomplished
1. New facilities
2. Upgrading existing facilities
3. Correction of inflow and infiltration problems
4. Other
C. Describe Existing Facilities (if present)
1. Condition
2. Level of treatment
01
3. Collection and conveyance systems
4. Disposal/reclamation system.
5. Present capacity of facilities
a. Average Dry Weather Flow (ADWF) capacity
b. Peak Wet Weather Flow (PWWF) capacity
6. Present inflow (give data source and approximate date of
determination) (give in terms of ADWF for treatment or
disposal facilities and PWWF for pipelines; indicate which)
a. Municipal wastewater treatment facilities
(1) Residential and commercial
(2) Industrial
(3) Total
(4) Per capita flow
b. Agricultural drainage wastewater treatment facilities
(total inflow)
C. Water Reclamation (total inflow)
7. NPDES permit number
8. Present receiving water quality (describe qualitatively and
quantitatively)
9. Present effluent quality (describe qualitatively and
quantitatively)
10. Present disposal/release methods (include final location in
description) for:
a. Wastewater effluent
b. Sludge (or septage)
C. Reclaimed water
D. New Facilities (describe the facilities that will be constructed
or modified and operations)
1. Facilities (give physical dimensions)
10
a. Treatment facilities
b. Interceptors
C. Outfalls
d. Appurtenant structures
e. Other
2. Pertinent operational data
3. Disposal/release methods (describe final disposal locations)
a. For wastewater
b. For sludge
C. For reclaimed water
4. Capacity (give in terms of ADWF for treatment or disposal
facilities and PWWF for pipelines; indicate which)
a. Design capacity
(1) Municipal wastewater treatment facilities
(a) Residential and Commercial
(b) Industrial
(c) Total
(d) Per Capita Flow
(2) Agricultural drainage wastewater treatment
facilities (total inflow)
(3) Water reclamation (total inflow)
b. Increase over present capacity (for existing
facilities)
C. Increase needed to serve existing development
(municipal wastewater treatment facilities only)
(1) Residential and commercial
(2) Industrial
(3) Total
11
d. Increase allowed for growth (municipal wastewater
treatment facilities only)
(1) Residential and commercial
(2) Industrial
(3) Total
e. Loan-Eligible Capacity (municipal wastewater treatment
facilities only)
(1) Residential and commercial
(2) Industrial
(3) Total
(4) Eligible per capita flows
5. Population basis for capacity determination (municipal
wastewater treatment facilities only)
a. Design (include year)
b. Eligible (include year)
C. Source
d. Air Quality State Implementation Plan (SIP) Population
(include year)
E. Project Approvals and Planning Considerations (discuss the roles
of planning and regulatory agencies which have permit or funding
authority over the proposed project)
F. Project Location (description and map)
1. Existing facilities
2. New facilities
3. Service Area
II. ENVIRONMENTAL SETTING (include a discussion of all the following
detailed elements; if an element is not applicable to the project or
is not present within the described area, give reasons or verify with
investigative results)
A. Topography' of the Region
1. Location of facilities site and service area with regard to
major topographical features
a. Mountains
b. Rivers
C. Lakes
d. Other (specify)
2. Elevations and slopes on facilities site(s) and service area
B. Land Use within Facilities Site(s) and Service Area
1. Existing land uses
a. Urban
b. Rural
C. Agricultural
d. Recreational
e. Industrial
f. Other (specify)
2. Communities (within service area)
a. Types
(1) Incorporated
(2) Unincorporated
(3) Neighborhood
(4) Other (specify)
b. Housing Type and Mix (in percentages or general terms
if known)
(1) Single family homes
(2) Condominium units
(3) Apartment units
(4) Second homes
13
(5) Other
3. Present population (within service area)
a. Total
b. Date of determination
C. Source of information
4. Major economic activities (within service Area)
a. Commercial
b. Industrial
C. Governmental
d. Socio-economic background of community
5. zoning of the facilities site(s)
6. Land use plans and policies
C. Geology of the Region
1. Seismic hazards
2. Unstable substrate
3. Erosion potentials
4. Any other applicable geological information (details of the
underlying geologic structure are not required unless the
information directly relates to the water quality problem,
e.g., fractured bedrock)
D. Climate
1. Annual precipitation
a. Season
b. Amount
2. Temperature ranges
3. Seasonal weather patterns
E. Air Quality
1. Air basin
14
2. Nonattainment area for: (list appropriate items)
a. Ozone
b. Nitrogen dioxide
C. Sulfur dioxide
d. Particulates
e. Carbon monoxide
f. Not a nonattaininent area
3. Status of local air quality plan
F. Major Botanical Features (plant communities or associations)
1. Service area
2. Facilities site(s)
3. Disposal/irrigation site (if applicable)
G. Important Fish and Wildlife (major species and economically or
recreationally important species)
1. Service area
2. Facilities site(s)
3. Disposal/irrigation site (if applicable)
H. Threatened or Endangered Species (listed by the U.S. Fish and
Wildlife Service or by the State of California Department of Fish
and Game - indicate which) at Service area, Facilities or
Disposal/Irrigation Site(s), or Nearby Areas.
1. Species
2. Locations of populations
I. Critical Habitats (as defined by the U.S. Fish and Wildlife
Service) in Service area, Facilities or Disposal/Irrigation
Site(s), or Nearby Areas.
1. Type
2. Location
15
J. Wetlands in Service area, Facilities or Disposal/Irrigation
Site(s), or Nearby Areas.
1. Name (if any)
2. Location
3. Size
K. Designated Wild and Scenic Rivers flowing through Service area,
Facilities or Disposal/Irrigation Site(s), or Nearby Areas
(include map if present)
1. Name
2. Location
3. Classification
L. Environmentally Sensitive Areas in Service area, Facilities or
Disposal/Irrigation Site(s), or Nearby Areas
1. Description
2. Location
H. Groundwater Resources Underlying' the Facilities or
Disposal/Irrigation Site(s), Service Area, or Nearby Areas
1. Depth
2. Quality
3. Location
N. Environmentally Significant Agricultural Land in the Facilities
or Disposal/Irrigation Site(s) or Service Area
1. Acres
2. Zoning
3. Present use
0. Cultural Resources (archaeological, paleontological, historic,
ethnographic) Present on Facilities or Disposal/Irrigation
Site(s), Service Area or Nearby Areas
1. Description
2. Locations (do not include detailed maps in public documents)
16
P. Coastal Zone (indicate if the Facilities or Disposal/Irrigation
Site(s) or Service Area are in a Coastal Zone)
Q. Floodplain (indicate if the Facilities or Disposal/Irrigation
Site are on a Floodplain)
III. RELATIONSHIP OF PROJECT TO OTHER PLANNING (briefly describe the
project's relationship to and consistency with other applicable
planning)
A. Water Quality Planning
1. Basin Plan (include beneficial uses of the receiving water
as given in the applicable Basin Plan)
2. 208 Plan
3. Special permits required as part of a phased project
4. Other (specify)
B. Air Quality Planning
1. State Implementation Plan for Air Quality
2. The applicable Air Quality Management Plan
C. Other
IV. PRIMARY AND SECONDARY IMPACTS, AND MITIGATION MEASURES (for the
following subjects, list and explain impacts from project construction
and operation, and any proposed mitigation measures. Include
secondary impacts of other activities associated with or resulting
from construction or operation of the project.)
A. Water (quantity and quality)
1. Surface water
2. Groundwater
B. Air Quality
C. Geologic Stability
D. Soils (erosion)
E. Important Vegetation Types
F. Fish and Wildlife
G. Aesthetics
17
. 1
H. Noise
I. Recreation
J. Open Space
K. Cultural Resources
L. Threatened or Endangered species
M. Sensitive Areas
1. Environmentally significant agricultural land
2. Coastal zone
3. Wetlands
4. Wild & scenic rivers
5. Floodplains
6. Critical Habitats
N. Energy
0. Transportation/Circulation
P. Public Services
Q. Public Safety
R. Population
S. Housing
V. PROJECT ALTERNATIVES (discuss the environmental impacts, cost
effectiveness, compatibility with proposed or existing projects, and
reasons for rejection for each alternative; include future options,
e.g., reclamation regionalization, etc.)
A. Discuss Alternatives for Each Major Phase or Component of the
Project
1. Treatment processes
2. Disposal techniques
3. Outfall lines
4. Other
18
B. Discuss Alternative Projects Which Could Accomplish the Project
Objectives
1. Inflow and infiltration correction
2. Update existing facilities
3. Other
C. Discuss Alternative Siting Locations
1. Treatment facilities
2. Disposal/release sites
3. Outfall
4. Collection lines
5. Other
VI. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES (discuss the
resources necessary for construction and operation of your project)
A. Fuel for the Construction Equipment
B. Kilowatt-Hours of Electricity Needed to Operate the System,
C. Acres of Land Involved with the Project
D. Use of Chemicals in the Operation & Maintenance.
VII. CUMULATIVE AND GROWTH INDUCING IMPACTS (discuss the effects of growth
and cumulative impacts on area resources, including air quality,
public services, open space and agricultural land)
A. Cumulative Impacts (discuss the significant cumulative effects of
related projects and additional phases of the project envisioned
for the future)
1. Major Intercepts
2. Reclamation
3. Expansion
4. Other
B. Growth Inducing Impacts (discuss the ways in which the proposed
project could. encourage or accommodate growth directly or
19
indirectly for the following elements, e.g., expansion of service
area to allow for more housing construction)
1. Economy
2. Population
3. Housing
20
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32231 Arealda Eaclia,
Carlsbad, s:. 2l-437
($) 43-7444