Resolution 2899-11 i
� RESOLUTION fVO. 2899-11
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A RESOLUTION BY THE BOARD OF DIRECTORS
3 OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
4 TO CERTIFY THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
FOR THE RECYLED WATER FACILITIES MASTER PLAN AMENDMENT '�
5 (AUGUST 2011) AND ADOPTING FINDINGS PER CEQA, A MITIGATION
6 MONITORING AND REPORTiNG PROGRAM, ADOPTING THE AMENDED
RECYCLED WATER FACILITIES MASTER PLAN AND APPROVING
7 REVISED MASTER PLAN PF20JECTS 1 AND 2
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WHEREAS, the South Tahoe Public Utility District (District) is considering the
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adoption of the Amended Recycled Water Facilities Master Plan and approval of
10 Revised Master Plan Projects 1 and 2 collectively hereinafter referred to as the
11 ��Project;" and
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13 WHEREAS, the District is the lead agency under the California Environmentai
14 Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and the State CEQA
� 15 Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.); and
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17 WHEREAS, the District has determined the Project is a "project" as defined
�8 under the California Environmental Quality Act and State CEQA Guidelines, and is not
�9 categorically or statutorily exempt; and
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WHEREAS, the District, in accordance with CEQA, to State CEQA Guidelines
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sections 15082(a), 15103, and 15375; issued a Notice of Preparation stating that a
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Supplemental EIR (SEIR) for the Project would be prepared and inviting comments fr�m
23 Federal Agencies, State responsible and trustee agencies, other public agencies,
24 interested organizations, and the general public, �nd filed the Notice of Preparation with
25 the State Clearinghouse and the Clerk of Alpine County; and j
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27 WHEREAS, upon completion of the Draft Supplemental Environmental Impaci. �
28 Report ("Draft SEIR"), the District issued a Notice of Completion, along with copies c�f
""` 29 the Draft SEIR, to the State Clearinghouse to begin the review period for interested ;
30 State and Federal agencies and filed the Notice of Completion with the State !
Clearinghouse and the Clerk of Alpine County; and �
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� WHEREAS, the District provided a 45-day public review period, affording the
`°" 2 public and Federal, State, and local agencies the opportunity to review the Draft SEIR
and published a legal notice in the Tahoe Daily Tribune providing notice of the
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availability of the Draft SEIR; and
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5 WHEREAS, all potentiaf significant adverse environmental impacts were
6 sufficiently analyzed in the Draft SEIR; and
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8 WHEREAS, the draft environmental impact report was circulated to the public
9 from March 28, 2011 , through May 12, 2011 , to receive written comments in
10 accordance with CEQA; and
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12 WHEREAS, a public meeting was held at the District's main office in South Lake
13 Tahoe, EI Dorado County, before the District Board, on April 21, 2011 , to take oral
14 testimony on the draft supplemental environmental impact report: and
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WHEREAS, the District received written comments on the Draft SEIR, evaluated
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and responded in writing to those comments, and prepared a Final Supplementai
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Environmental Impact Report pursuant to Sections 15088 and 15089(a) of the CEQA
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Guidelines; and
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20 WHEREAS, the District prepared the Final SEIR and, pursuant to Public
21 Resources Code section 21092.5, the District provided copies of the Finaf SEIR to all
22 commenting agencies; and
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24 WHEREAS, as contained herein, the District has endeavored in good faith to set I
25 forth the basis for its decision on the Project; and
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27 WHEREAS, all the requirements of CEQA and the State CEQA Guidelines hav� ;
been satisfied by the District in the Final SEIR, which is sufficiently detailed so that all of j
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,�„ the potentially significant environmental effects of the Project have been adequately �
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evaluated; and �
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� WHEREAS, the Final SEIR prepared in connection with the Project sufficiently
" 2 analyzes both the feasible mitigation measures necessary to avoid or substantially
lessen the Project's potential environmental impacts and a range of feasible alternative
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capable of eliminating or reducing these effects in accordance with CEQA, the State
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CEQA Guidelines and the Authority's Local CEQA Guidelines; and
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6 WHEREAS, all of the findings and conclusions made by the District pursuant to
7 this Resolution are based upon the oral and written evidence presented to it as a whole
8 and not based solely on the information provided in this Resolution; and
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10 WHEREAS, environmental impacts identified in the Final SEIR that the District
11 finds are less than significant and do not require mitigation are described in Section II
�2 hereof; and
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14 WHEREAS, environmental impacts identified in the Final SEIR as potentially
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15 significant but which the District finds can be mitigated to a level of less than significan�
through the imposition of feasible mitigation measures identified in the Final EIR and set
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forth herein are described in Section III hereof; and
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�8 WHEREAS, alternatives to the Project that might eliminate or reduce significant
�9 environmental impacts are described in Section VIII hereof; and
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21 WHEREAS, prior to taking action, the District has heard, been presented with,
22 reviewed and considered all of the information and data in the administrative record; �
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23 including the Initial Study, the Final SEIR, and all oral and written evidence presented tr I
24 it during all meetings and hearings; and �
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26 WHEREAS, the Final SEIR reflects the independent judgment of the District's �
27 Board and is deemed adequate for purposes of making decisions on the merits of the I
28 Project and on the Revised Master Plan Projects 1 and 2; and �
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� WHEREAS, no comments made in the public hearings conducted by the District
� 2 or any additional information submitted to the District have produced substantial new
information requiring recirculation or additional environmental review under State CEQA
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Guidelines section 15088.5; and
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5 WHEREAS, all other legal prerequisites to the adoption of this Resolution have
6 occurred;
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$ NOW, THEREFORE, BE IT RESOLVED BY THE DISTRICT BOARD AS FOLLOWS:
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10 I. FINDINGS
11 At a regular session assembled on August 18, 2011, the Board determined that, based
12 on all of the evidence presented, including but not limited to the Initial Study, the Final
13 SEIR, written and oral testimony given at meeting and hearings, and submission of
14 testimony from the public, organizations and regulatory agencies, the following
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15 environmental impacts associated with the Project are: (1) less than significant and do
not require mitigation; or (2) potentially significant and each of these impacts will be
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avoided or reduced to a level of insignificance through the identified mitigation
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measures and/or implementation of an environmentally superior altern�tive to the
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Project.
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20 II. RESOLUTION REGARDING ENVIRONMENTAL IMPACTS NOT
2� REQUIRING MITIGATION
22 The Board hereby finds that the following potential environmental impacts of the Project,
23 (See Table 1-2 of the SEIR), are less than significant with the implementation of the
24 Project and therefore do not require the imposition of mitigation measures:
25 III. RESOLUTION REGARDING ENVIRONMENTAL IMPACTS MITIGATED
26 TO A LEVEL OF LESS THAN SIGNIFICANT
27 The Board hereby finds that mitigation measures have been identified in the Final SEIR
28 that will avoid or substantially lessen the following potentially significant environmental
.,�, 29 impacts to a less than significant level. The potentially significant impacts and the
mitigation measures will reduce them to a less than significant level are as follows:
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See Table 1-2 of the SEIR impacts identified as less than significant.
� IV. RESOLUTION REGARDING CUMULATIVE IMPACTS
"° 2 The range of projects to be included in the cumulative analysis encompasses "past,
present, and reasonably anticipated future projects producing related or cumulative
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impacts, including those outside of the control of the agency." (State CEQA Guidelines,
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§ 15130.) A cumulative effect is deemed significant if the Project's incremental
5 contribution to a cumulative impact is "considerable." (Ibid.) A cumulative impact is not
6 considered significant if the impact can be mitiga�ed to below the level of significance,
7 by providing improvements and/or contributing funds through fee-payment programs.
8 The Final EIR examines "reasonable options for mitigating or avoiding any significant
9 cumulative effects of a Project" (State CEQA Guidelines, § 15130). A description of
10 potential cumulatively considerable impacts is presented in each environmental impact
11 category. Overall, the Project would have cumulatively considerable impacts related to
12 9roundwater quality for the No Project Alternative (see Final EIR Section 7.7)
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14 VI. RESOLUTION REGARDING SIGNIFICANT IRREVERSIB�.E
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15 ENVIRONMENTAL CHANGES
Section 15126.2(c) of CEQA provides guidance as to what sorts of changes might be
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considered irreversible. Such changes include use of nonrenewable resources,
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commitment of future generations to similar uses, and environmental accidents that
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could occur as a result of the project. The Project will involve construction activities that
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commit non-renewable resources including fuels, construction materials and land.
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Once constructed, Project facilities will continue to use energy. Construction of new
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facilities will irretrievably commit lands to use for public facilities. (See Final SEIR
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Section 20.3 page 20-3)
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24 VII. RESOLUTION REGARDING GROWTH-INDUCING IMPACTS
25 The Project (revised projects 1 and 2) will not result in the removal of obstacles to
26 growth. The Revised Recycled Water Facilities Master Plan is the District's
27 implementation program for expanding the reuse and/or application of recycled water ;
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28 to 5.8 million gallons per day (mgd). The Project does not require expansion of the �
� 29 District's treatment plant, which has a capacity of 7.7 mgd. The impacts of the plant's
30 capacity and the District's plan for accepting new sewer connections have been �
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� evaluated in prior environmental documents. The Environmental Impact
� 2 Report/Environmental Impact Statement (EIR/EIS) for the District Future Sewer
3 Connections Plan concludes that growth-inducing impacts of that project were less than
4 significant. The District Recycled Water Facilities Master Plan will not allow additional
growth beyond that projected in the EIR/EIS for the District Future Sewer Connections
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Plan. Future development ultimately will be determined through the Tahoe Regional
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Planning Agency (TRPA) planning process. (See Final EIR Section 1 .7.1 pages 1-9
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through 1-10)
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9 VIII. RESOLUTION REGARDING ALTERNATIVES
10 The District's Board hereby declares that it has considered and rejected as either
11 infeasible, or environmentally inferior, the alternatives identified in the Draft EIR and
12 described below. CEQA requires that an EIR evaluate a reasonable range of
13 alternatives to a project, or to the location of the Project, which: (1) offer substantial
14 environmental advantages over the Project proposal, and (2) may be feasibly
�- 15 accomplished in a successful manner within a reasonable period of time considering the
16 economic, environmental, social and technological factors involved. An EIR must only
�7 evaluate reasonable alternatives to a project which could feasibly attain most of the
�$ Project objectives, and evaluate the comparative merits of the alternatives. In al! cases
the consideration of alternatives is to be judged against a rule of reason. The lead
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agency is not required to choose the environmentally superior alternative identified in
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the EIR if the alternative does not provide substantial advantages over the Project and:
21 (1) through the imposition of mitigation measures the environmental effects of a project
22 can be reduced to an acceptable level, or (2) there are social economic, technological
23 or other considerations which make the alternative infeasible. (See Final EIR Chapter
24 19) The Final SEIR did not evaluate any new alternatives.
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26 A. SUMMARY OF PROJECT ACTIONS AND OBJECTIVES
27 The District requires a reliable recycled water reuse and emergency storage system that
28 accommodates the flows generated by the residents and visitors within the Lake Tahoe
�- 29 Basin of EI Dorado County, CA and recycled by the District wastewater treatment facility
30 �ocated in South Lake Tahoe, CA. The District utilized the following objectives for
selection of the Master Plan components and projects:
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� • Establish a plan for recycled water and freshwater management for operation
�' 2 through the year 2028;
3 • Assure regulatory compliance for the District's recycled water and freshwater
operations;
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• Protect and enhance the environment in Alpine County;
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• Continue cooperation with Alpine County stakeholders; and
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• Preserve agricultural practices in Alpine County.
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8 IX. RESOLUTION ADOPTING A STATEMENT OF OVERRIDING
9 CONSIDERATIONS
10 The Board hereby declares that, pursuant to State CEQA Guidelines Section 15093, the
11 Board has balanced the benefits of the Project against any unavoidable environmental
12 impacts in determining whether to certify the Final �EIR and approve the Project. If the
13 benefits of the Project outweigh the unavoidable adverse environmental impacts ta
14 aesthetics, those impacts may be considered "acceptable."
�- 15 The Board hereby declares that the Final SEIR has identified and discussed significant
16 effects which may occur in the areas of Geology, Soils and Seismicity, Groundwater;
�7 Surface Water and Historical and Archaeological Resources and Paleontology as a
result of the Project.
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The Board hereby declares that it has made a reasonable and good faith effort to
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eliminate or substantially mitigate the potential impacts resulting from the Project.
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The Board hereby declares that to the extent any mitigation measures recommended in
21 the EIR could not be incorporated, such mitigation measures are infeasible because
22 they would impose restrictions on the Project that would prohibit the realization of
23 specific economic, social and other benefits that this Board finds outweigh the
24 unmitigated impacts.
25 The Board further finds that except for the Project, all other alternatives set forth in the �
26 SEIR are infeasible because they would prohibit the realization of Project objectives
27 and/or specific economic, social and other benefits that this Board finds outweigh any
28 environmental benefits of the alternatives. i
--- 29 The Board hereby declares that, having reduced the adverse significant environmental
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effects of the Project to the extent feasible by adopting the proposed policies and i
mitigation measures, having considered the entire administrative record on the Project, I
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� and having weighed the benefits of the Project against its unavoidable adverse impacts
"` 2 after mitigation, the Board has determined that the following social, economic and
environmental benefits of the Project outweigh the potential unavoidable adverse
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impacts and render those potential adverse environmental impacts acceptable based
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upon the following overriding considerations:
5 1. The Project will secure infrastructure improvements and protect property for
6 the future of the community.
7 2. The Project would enhance the tax base and thus support public services,
$ employment and future development.
9 3. The Project will promote diversification and preservation of existing and
10 future water resources to better serve the community.
11 4. The Project will allow for the improvement of the existing water distribution
�2 infrastructure with advanced technology to greater conserve the environment and water
13 resources.
14 5. The Project will allow for the greater conservation of natural resources.
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15 The Board hereby declares that the foregoing benefits provided to the public through
approval and implementation of the Project outweigh the identified significant adverse
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environmental impacts of the Project to Geology, Soils and Seismicity, Groundwater,
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Surface Water and Historical and Archaeological Resources and Paleontology which
�$ cannot be mitigated. The Board finds that each of the Project benefits outweighs th�
19 unavoidable adverse environmentaf effects identified in the Final EIR and therefore
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finds those impacts to be acceptable.
2� X. RESOLUTION CERTIFYING THE EIR
22 The Board finds that (1) the Final SEIR is an accurate and objective statement that has
23 been completed in compliance with CEQA and the State CEQA Guidelines; (2) the Final
24 SEIR was presented to the Board and the Board reviewed and considered the
25 information contained in the Final EIR prior to approving the Project and Master Plan
26 Revised Projects 1 and 2; and (3) the Final SEIR reflects the District's independent
27 judgment and analysis.
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28 The Board declares that no new significant impacts as defined by State CEQA '
�,,. Guidelines Section 15088.5 have been received by the District after circulation of the
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Final SEIR, which would require recirculation. I
30 The Board certified the Final SEIR based on the following findings and conclusions: �
� A. Findings. The following significant environmental impacts have been
� 2 identified in the Final SEIR and will require mitigation as set forth in Section IV of this
Resolution: [GEO-2, GW-1, SW-3, BIO-1 , BIO-2, BIO-3, BIO-7, ARCH-1 and ARCH-2,
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VISUAL-2].
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B. Conclusions.
5 1. All significant environmental impacts from the implementation of the Project
6 have been identified in the Final SEIR and, with implementation of the mitigation
7 measures identified, will be mitigated to a less than significant level, except for Geology,
8 Soils and Seismicity, Groundwater, Surface Water and Historical and Archaeological
9 Resources and Paleontology.
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11 2. Other reasonable alternatives to the Project that could feasibly achieve mast
�2 of the basic objectives of the Project have been considered and rejected in favor of the
13 Project.
14 3. Environmental, economic, social and other considerations and benefits
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15 derived from the development of the Project override and make infeasible any
alternatives to the Project or further mitigation measures beyond those incorporated into
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the Project.
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�$ XI. RESOLUTION ADOPTING A MITIGATION MONITORING PROGRAM
�9 Pursuant to Public Resources Code Section 21081.6, the Board hereby adopts the
20 Mitigation Monitoring Program attached to this Resolution as Appendix A (see Section
21 3). In the event of any inconsistencies between the mitigation measures as set fortf�
22 herein and the Mitigation Monitoring Program, the Mitigation Monitoring Program shalf
23 control.
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25 XII. RESOLUTION APPROVING THE PROJECT
26 Based on the entire record before the Board, including the above findings and all written �
27 and oral evidence presented to the Board, the Board hereby adopts the STPUD
28 Recycled Water Facilities Master Plan as amended and approves Master Plan Projects �
�.,, 1 and 2 with all the mitigation measures and the Mitigation Monitoring Program as set
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forth in this Resolution.
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� XIII. RESOLUTION REGARDING THE CUSTODIAN OF RECORD
�"' 2 The documents and materials constitute the record of proceedings on which this
Findings have been based are located at the South Tahoe Public Utility District office
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located at 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150. This information is
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provided in compliance with Public Resources Code Section 20181.6.
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6 XIV. RESOLUTION REGARDING STAFF DIRECTION
� A Notice of Determination shall be filed with the County of Alpine and California Office
8 of Planning and Research within five (5) working days of final Project approval.
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10 NOW, THEREFORE, BE IT RESOLVED that the District Board certifies:
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12 1. The Final Supplemental Environmental Impact Report for Recycled Water
13 Facilities Master Plan as amended has been completed in compliance with the
14 California Environmental Quality Act Statutes and Guidelines; and
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2. The Final SEIR was presented to the District Board and the District Board
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reviewed and considered the information contained in the Final SEIR prior to its
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decision to adopt the Recycled Water Facilities Master Plan as amended and
�8 approve Master Plan Projects 1 and 2; and
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20 3. The Final SEIR reflects the independent judgment and analysis of the District
21 Board based upon its review of the entirety of the administrative record, which
22 provides substantial evidence to support the adoption of this resolution.
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� WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
� 2 resolution was duly and regularly adopted and passed by the Board of Directors of the
South Tahoe Public Utility District at a regular meeting duly held on the 18th day of
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August, 2011, by the following vote:
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AYES: Cefalu, Jones, Mosbacher, Rise, Schafer
6 NOES: None
7 ABSENT: None
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Dale Rise, Board President
10 South Tahoe Public Utility District
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ATTEST:
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Kathy Shar ; lerk of the oard
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