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Resolution 2293 k RESOLUTION NO. 2293 A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT MAKING FINDINGS THAT CHANGES OR ALTERATIONS IN OR INCORPORATED INTO PROJECT HAVE BEEN REQUIRED WHICH AVOID OR REDUCE TO AN ACCEPTABLE LEVEL SIGNIFICANT EFFECTS WITHIN THE RESPONSIBILITY AND JURISDICTION OF DISTRICT AND MAKING FINDINGS THAT OTHER CHANGES OR ALTERATIONS REQUIRED TO AVOID OR REDUCE TO AN ACCEPTABLE LEVEL SIGNIFICANT EFFECTS WITHIN THE RESPONSIBILITY AND JURISDICTION OF OTHER PUBLIC AGENCIES HAVE BEEN, CAN AND SHOULD BE ADOPTED BY SUCH OTHER AGENCIES AND STATEMENT OF OVERRIDING CONSIDERATIONS SOUTH TAHOE PUBLIC UTILITY DISTRICT WASTEWATER FACILITIES PLANNING PROGRAM BE IT RESOLVED by the Board of Directors of the South Tahoe Public Utility District that: (1) The Facility Plan for the South Tahoe Public Utility District Wastewater Treatment System, dated May, 1978, and the Facility Plan Update, dated February, 1981, as well as proposed minor changes in Alpine County, sub- ject of the Final Supplemental Environmental Impact Report, have been presented to the Board of Directors of the South Tahoe Public Utility District. (2) The Final Environmental Impact Report for the South Tahoe Public Utility District Facility Plan Program, dated March 1979, the Final Environmental Impact Statement Wastewater Treatment Facilities South Shore Lake Basin, dated February 1981, and the Final Supplemental Environmental Impact Report for the South Tahoe Public Utility District Wastewater Facilities Plan Program, dated May 1983, have been presented to and certified by the Board of Directors of the South Tahoe Public Utility District. (3) The Final Environmental Impact Report, the Final Environmental Impact Statement and the Final Supplemental Environmental Impact Report identified potentially signifi- cant impacts of the project on water resources and water quality, geology and soils, biology, noise, meteorology and air quality, visual resources, land use and housing, transportation, recreation, public services/fiscal concerns, utilities, cultural, archeological and historical resources, Carson Valley and thresholds, public health, hydrology, wildlife and vegetation, land use, aesthetic and cultural resources. r (4) The South Tahoe Public Utility District finds that changes and alterations in the project which mitigate or avoid significant environmental impacts have been ordered as follows: (A) The changes set forth in Mitigation Measures Summary attachment to Table 1 of said Final Environmental Impact Report for Alternative for Project 3b, incorporated herein by reference, will be incorporated in the construction contract documents to mitigate the construction impacts. (B) An Operational manual is required to be approved and implemented by the California State Water Resources Con- trol Board and the Environmental Protection Agency to incor- porate changes required to mitigate the operational impacts described in the Mitigation Measures Summary attachment to Table 1 of said Final Environmental Impact Report for Altern- ative for Project 3b, incorporated herein by reference. (C) The Planned Mitigation Measures - Design Changes set forth in the Summary of Potential Significant Impacts and Planned Mitigation Measures in the Final Supplemental Environ- mental Impact Report, incorporated herein by reference, will be required by an amended contract between South Tahoe Public Utility District, Alpine County, and Alpine County Water Agency, by waste discharge requirements of the Lahontan Regional Water Quality Control Board and by the Environmental Protec- tion Agency and the State Water Resource Control Board grant contract conditions necessary to finance the project. (D) A mitigation program has been adopted by the South Tahoe Public Utility District for the required mitiga- tion measures set forth in Table 1-3 of Status Report 4 Mitigation Program, February 1983, incorporated herein by reference, which mitigation measures are directed at offsetting the environmental impacts of 8.7 MGD wastewater treatment facilities and satisfactory mitigation progress required to offset said significant impacts has been acknowledged to date and is required as a grant condition for financing the project. (E) The District has assumed responsibility insofar as any construction, maintenance and operation for those re- quired mitigation measures Nos. 8, 129 33, 430 679 709 779 789 799 80, 85, 86, 87 and 88 as set forth in said Table 1-3. (F) The District has assumed the responsibility of achieving satisfactory progress toward implementation of the said mitigation program. (5) The South Tahoe Public Utility District hereby finds that changes have been required in the project after certification of the Final Environmental Impact Report, the Final Environmental Impact Statement and Final Supplemental Environmental Impact Report for said project to avoid or to reduce to an acceptable level significant effects identified in said Reports and Statement for said project which changes 1%W 2 - are within the responsibility and jurisdiction of other public agencies who have, can and should adopt such changes for construction, maintenance and operation of those re- quired mitigation measures for said other public agencies as set forth in said Table 1-3 of said Status Report 4, Mitiga- tion Program, February 1983, as administered by the South Lake Tahoe Mitigation Task Force and reviewed by the Environ- mental Protection Agency, State Water Resources Control Board, California Air Resources Board, California Office of Planning and Research, and Tahoe Regional Planning Agency. (6) The South Tahoe Public Utility District finds: (A) There may be some unavoidable environmental risks for a limited period or periods of time if one or more of the public agencies with responsibility and jurisdiction for implementing impact mitigation measures identified in South Tahoe Public Utility District Mitigation Program set forth in Table 1-3 of Status Report 4 Mitigation Program, February 1983, incorporated herein by reference, are unable to timely implement the measures within their responsibility and jurisdiction for an interim period due to unforeseen changes in circumstances. (B) However, the benefit of the proposed project in terms of reliability of treatment and disposal of wastewater and subsequently protection of the beneficial uses of Lake Tahoe from discharges of partially treated sewage outweigh any unavoidable environmental risks described above that could be associated with interim delay in implementation of impact mitigation measures outside the jurisdiction and responsi- bility of District. PASSED AND ADOPTED at a regular adjourned meeting of the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT held on the 12th day of MAY 1983, by the following vote: AYES: Directors Kashuba, Olsen, Jones, Wynn and Madden. NOES: None ABSENT: None J R. JONES,, SIDENT H TAHOE PU C UTILITY DISTRICT ATT ' MARY D. OSE, CLERK OF BOARD SOUTH HOE PUBLIC UTILITY DISTRICT - 3 - I hereby certify that the foregoing is a full, true and correct copy of RESOLUTION NO. 2293 duly and regularly adopted by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, E1 Dorado County, State of California, on MAY 129 1983. DATED: May 12, 1983 L 'ez MAR D. AMBROSE, C RK OF BOARD SOUTH T HOE PUBLIC UTILITY DISTRICT .~rrr - 4 -