Resolution 2916-12 0 RESOLUTION NO. 2916-12
A RESOLUTION BY THE BOARD OF DIRECTORS OF THE SOUTH
TAHOE PUBLIC UTILITY DISTRICT TO CERTIFY THE ADDENDUM
TO THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT FOR THE RECYCLED WATER FACILITIES MASTER PLAN
AMENDMENT 1 (AUGUST 2012) (SCH NO. 2007042116) AND
ADOPTING FINDINGS OF FACT PER CEQA
WHEREAS, the South Tahoe Public Utility District (District) is considering the
adoption of the Amended Recycled Water Facilities Master Plan and approval of Revised Master
Plan Projects 1 and 2 collectively hereinafter referred to as the "Project"; and
WHEREAS, the District is the lead agency under the California Environmental Quality
Act (CEQA) (Public Resources Code § 21000 et seq.) and the State CEQA Guidelines (Cal.
Code Regs., tit. 14, § 15000 et seq.); and
WHEREAS, the District has determined the Project is a "project" as defined under the
California Environmental Quality Act and State CEQA Guidelines, and is not categorically or
statutorily exempt; and
WHEREAS, in December 2009, the District Board of Directors certified the Final
® Environmental Impact Report (EIR) for the District's Recycled Water Facilities Master Plan,
adopting the Master Plan and approving Master Plan Projects 1, 2, 11 and 12. Project 1 involves
the construction of irrigation and emergency containment fields and water distribution systems
for the application of recycled water in Diamond Valley; while Project 2 involves construction of
the mainline that will be used to deliver recycled water from the C-line to the Diamond Valley
irrigation and emergency containment fields; and
WHEREAS, in January 2010, the District and its consultants started conducting
engineering planning and design studies for construction of Projects 1 and 2. This work led to a
number of design changes and refinements to the conceptual plans presented in the Final EIR.
Because many of these changes are significant, the District and its consultant prepared a
supplemental report and environmental analyses to update the Final EIR incorporating these
changes. On August 18, 2011, pursuant to District Resolution No. 2899-11, the District Board of
Directors certified the Final Supplemental Environmental Impact Report (SEIR), adopted a
Mitigation Monitoring and Reporting Program, and adopted the changes which updated the Final
EIR(2009) for Master Plan Projects 1 and 2; and
WHEREAS, in early 2012, the US Army Corps of Engineers (USACE) verified a
preliminary wetland delineation showing the location and areal extent of wetlands and/or other
water bodies on the Diamond Valley Ranch, as depicted on the November 9, 2011 Overall
Wetland Delineation (USACE 2012). The District's previous environmental review prepared for
the Master Plan presented in the Final EIR (November, 2009) and Final SEIR (August, 2011)
requires impacts to delineated wetlands be avoided and minimized to the greatest extent feasible.
ID Based on this requirement, Master Plan Projects 1 and 2 have been modified to avoid disturbance
to Potential Waters of the United States (PWOUS) through the relocation of irrigation fields and
construction or relocation of pipelines in a manner that minimizes the discharge of fill material to
wetlands and/or other water bodies; and
WHEREAS,no new significant impacts were identified based on analyses completed for
the revised Master Plan Projects 1 and 2. Consistent with CEQA Guidelines Section 15164, the
District has determined that an Addendum to the EIR is the appropriate level of CEQA analysis
and the appropriate method of updating the analysis in the certified Final EIR and Final SEIR;
and
WHEREAS, the Addendum to the EIR (AEIR) has been prepared by the District as the
lead agency for the Project in compliance with CEQA and the CEQA Guidelines (California
Administrative Code §1500 et seq.). The AEIR tiers off the Final EIR and Final SEIR by
describing the revisions made to Master Plan Projects 1 and 2 and updates environmental
resource analyses to address potential effects of the revised projects; and
WHEREAS, on August 1, 2012, the District submitted a Notice of Completion to the
State Clearinghouse and issued a Notice of Availability to solicit comment on the AEIR. A
public meeting to receive comment was convened at the end of the comment period on August
16, 2012. The District and its consultant have prepared the final AEIR incorporating comments
received on the draft AEIR; and
WHEREAS, prior to taking action, the District has heard, been presented with, reviewed
and considered all of the information and data in the administrative record, including the draft
and final AEIRs, and all oral and written evidence presented to it during all meetings and
hearings; and
WHEREAS, the Final AEIR reflects the independent judgment of the District's Board of
Directors and is deemed adequate for purposes of making decisions on the merits of the Project
and on the Revised Master Plan Projects 1 and 2; and
NOW,THEREFORE,BE IT RESOLVED BY THE DISTRICT BOARD AS FOLLOWS:
I. FINDINGS
The Recitals prefacing this Resolution are hereby incorporated herein by this reference and in
factual support of all findings.
The Board of Directors, in light of the whole record before it, including but not limited to, the
FEIR, Final SEIR, the AEIR, all documents incorporated by reference herein, and other
substantial evidence (within the meaning of Public Resources Code Section 21080(e) and
21082.2), hereby recommends that the Board of Directors make the following findings:
Finding No. 1 Addendum Prepared. That an Addendum to the Environmental Impact
Report for the Project was prepared in compliance with Public Resources
Code Sections 21000-21189.2, the California Environmental Quality Act
® Guidelines Sections 15000-15387 (Title 14, Chapter 3 of California Code
of Regulations).
An addendum, rather than a subsequent EIR, was prepared because the
proposed changes to the Project do not include any major revisions that
would result in new significant environmental effects or any increase in
the severity of previously identified significant effects. Though changes
and additions to the EIR and SEIR were necessary, none of the conditions
described in CEQA Guidelines Section 15162 calling for preparation of a
subsequent EIR have occurred. No substantial changes were proposed on
the Project which will require major revisions of the EIR or SEIR due to
the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects. No
substantial changes have occurred with respect to the circumstances under
which the Project is being undertaken which will require major revisions
of the EIR or SEIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects. No new information of substantial
importance, which was not known and could not have been know with the
exercise of reasonable diligence at the time the EIR or SEIR was certified
as completed shows any of the following: a) the Project will have one or
more significant effects not discussed in the EIR and SEIR, b) significant
effects previously examined will be substantially more severe than shown
in the EIR and SEIR, c) mitigation measures or alternatives previously
found not to be feasible would in fact be feasible, and would substantially
reduce one or more significant effects of the Project, but the Project
proponents declined to adopt the mitigation measure or alternative, and d)
mitigation measures or alternatives which are considerably different from
those analyzed in the EIR and SEIR would substantially reduce one or
more significant effects on the environment, but the Project proponents
decline to adopt the mitigation measure or alternative.
Prior to taking action on the Addendum, the District was presented with,
heard, reviewed and considered all of the information and data in the
administrative record including, but not limited to, the Final EIR, Final
SEIR, and all oral and written testimony presented to it during meetings
and hearings on the EIR and SEIR. The EIR, SEIR, and the Addendum
were considered together prior to approval of the Project. Together they
are determined adequate to serve as the complete EIR for the Project and
satisfy all the requirements of CEQA. The Addendum does not raise
important new issues about the significant effects on the environment but
rather clarifies, refines, makes minor modifications and updates the
information considered in the original EIR and SEIR and makes
appropriate minor modifications to the mitigation measures contained
therein. The Addendum reflects the independent judgment of the District
and is deemed adequate for purposes of making decisions on the merits of
the Project and its related actions. The complete EIR, including the
Addendum, is certified for the Project and the findings readopted.
In making the findings in this Resolution, the Board recognizes that the
environmental analysis of the Project raises several controversial
environmental issues, and that a range of technical and personal opinion
exists with respect to those issues and that there are differing and
conflicting opinions regarding the Project, its impacts, and the feasibility
of reducing or avoiding those impacts. These differences of opinion relate
to wetlands and waters of the US sustained by natural hydrology versus
irrigation practices. The Board of Directors has, by its review of the
evidence and analysis presented in the Addendum, and other evidence in
the record, including the EIR, acquired an understanding of the breadth of
this opinion and of the scope of the environmental issues presented by the
Project. In turn, this understanding has enabled the Board of Directors to
make informed, carefully considered decisions after taking account of the
various viewpoints on these important issues. The findings herein are
based on full consideration of all viewpoints expressed in the Addendum
and in the record as well as other relevant evidence in the record of
proceedings for the Project.
Based on the foregoing finding, and on substantial evidence in the whole of the record, the Board
takes the following actions:
II. RESOLUTION ADOPTING FINDINGS OF FACT
The Board of Directors adopts the Findings of Facts prepared for the AEIR, as contained in
section II, above.
III. RESOLUTION CERTIFYING THE AEIR
The Board of Directors approves the Addendum to the Environmental Impact Report (SCH No.
2007042116) for the Recycled Water Facilities Master Plan.
IV. RESOLUTION APPROVING THE PROJECT
Based on the entire record before the Board, including the above findings and all written and oral
evidence presented to the Board, the Board hereby adopts the STPUD 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 previously adopted..
V. RESOLUTION REGARDING THE CUSTODIAN OF RECORD
The documents and materials constituting the record of proceedings on which the Board of
Directors' findings have been based, including the AEIR and all documents incorporated herein,
are located at the South Tahoe Public Utility District office located at 1275 Meadow Crest Drive,
South Lake Tahoe, CA 96150, and shall be made available for public review upon request. This
information is provided in compliance with Public Resources Code Section 20181.6.
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• WE, THE UNDERSIGNED, do hereby certify that the above and foregoing 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 16 day of August, 2012, by the following
vote:
AYES: Cefalu, Jones, Vogelgesang, Schafer
NOES: None
ABSENT: Sheehan
Eric Schafer, Bo d P Went
South Tahoe Publ c Utility District
ATTEST:
e
Kathy Sha t/lerk of the B,!rd
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