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HomeMy WebLinkAboutItem No.SA8CITY OF LAKE ELSINORE REPORT TO THE REDEVELOPMENT AGENCY TO: Redevelopment Agency FROM: Ron Molendyk, Executive Director DATE: February 23, 1993 SUBJECT: Channel Type Inlet Compliance with CEQA Requirements 9ACKGROUND The Lake Elsinore Management Project (LMP) was planned and partially constructed by the Elsinore Valley Municipal Water District (EVMWD) in conjunction with Santa Ana Watershed Project Authority (SAWPA), who were designated as Co -Lead Agencies for all the environmental documentation. The proposed San Jacinto River Channel project which the Redevelopment Agency of the City of Lake Elsinore is constructing is environmental documents as part of the lake �in et documents m the the "channel -type inlet." DISCUSSION Section 15162 of the California Environmental Quality Act (CEQA) Guidelines indicates that where an EIR or Negative declaration has been prepared for a project, no additional EIR needs to be prepared unless conditions change. In the case of the proposed channel -type inlet, the concept and location have not changed from those presented in the former documents and no new or more feasible alternatives exist. Consequently, the RDA can legally use the Corp of Engineers Environmental Assessment on the levee, inlet and restoration area to comply with CEQA requirements without preparing additional documentation. However, because the RDA is not a Lead Agency, but will be constructing a component of the LMP, it can be considered a Responsible Agency under CEQA. Accordingly, the RDA must do the following: 1. Consider the environmental effects as stated in the previous EIR, Negative Declaration, and in this case, the federal EA /FONSI prior to reaching a decision on the project. Consider the adequacy of such documents for use by the RDA. 2. Adopt alternatives or mitigation measures that are applicable to the part of the project that the RDA proposes to perform, finance, or approve. 3. Make findings for any significant effects of the project. 4. File a Notice of Determination as to the agency's decision on the project. FISCAL IMPACT Adopting the Resolution has no fiscal impacts. Report to the Redevelopment Agency February 23, 1993 Page 2 RECOMMENDATIONS Adopt the attached Resolution to reaffirm approval of the Lake Management Project, participation through construction of various components of the IMP, and by continued participation in the Lake Elsinore Management Authority. PREPARED BY: APPROVED BY: APPROVED FOR AGENDA LISTING RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AFFIRMING APPROVAL OF THE LAKE ELSINORE LAKE MANAGEMENT PROJECT APPROVING CONSTRUCTION OF THE CHANNEL -TYPE INLET Agency has participated in the WHEREAS, the Redevelopment planning process for, and supports the purpose and goals of the Lake Elsinore Management Project; and WHEREAS, the Redevelopment Agency has authorized City ment Authority and has representation on the Lake Elsinore Manage prov ided pro rata funding to support construction of the Lake prov Elsinore Lake Management Project, including facilities to mitigate impacts of the project; and WHEREAS, the Redevelopment Agency, through the City of Lake Elsinore Public Works Department, has the responsibility to construct the channel -type inlet component of the Lake Management Project; and WHEREAS, the Redevelopment Agency is not the Lead Agency for the Lake Management Project, but is a Responsible Agency for purposes of complying with the California Environmental Quality Act, pursuant to Public Resources Code Section 21000 - 21117; and WHEREAS, the Lead Agencies, Elsinore Valley Municipal Water District and Santa Ana Watershed Project Authority, have Prepared and certified the Final Environmental Elsinore a Lake Management Environmental Assessment, P Project, dated January, 1988, addressing environmental impacts and mitigation measures for the entire project, including the inlet structure component, and which lead to a federal Finding of No Significant Impact; and WHEREAS, the U.S. Army Corps of Engineers has prepared and approved an Environmental Assessment, pursuant to requirements of the National Environmental Policy Act and has prepared a 404(b)(1) Alternatives Analysis and Public Interest Review, dated June 1, 1989, addressing environmental impacts and mitigation measures for nagement Project components, including the channel various Lake Ma inlet structure, and which lead to a federal Finding pursuant to Significant 33s Section U.s.c. Section134404andrmit, p WHEREAS, the Redevelopment Agency has previously reviewed the Lake Management Project environmental documents and found them to contain an adequate description of the environmental impacts of the project and measures necessary to mitigate the significant adverse effects. NOW, THEREFORE, BE IT RESOLVED, that the Redevelopment Agency of the City of Lake Elsinore finds and determines with respect to the Lake Elsinore Lake Management Project, as follows: 1) The Redevelopment Agency finds that the information contained in the Final Environmental Impact Report/ n he pleme tal of Environmental Assessment, dated January, 1988, and including Engineer's Environmental Assessment, June 1, 1989, approval, a conditions of adequately considers and analyzes the of environmental impacts which could result from implementation ction Lake Management Project components under the City's j uri and authority. 2) The Redevelopment Agency reaffirms its support and approval of the Lake Elsinore Lake Management Project, as presented and Corps of Engineers by the Lead Agencies in the environmental documents referenced above and their subsequent actions to define the details of the project. 3) The Redevelopment Agency finds and determines that the construction and operation of the proposed channel -type inlet component will not result in significant unavoidable adverse impacts, and directs that the following applicable mitigation measures, contained in the Lead Agencies' and Corps' environmental documents and permits, be incorporated into the project as listed below. Air Quality a) Water will be applied regularly to disturbed soil surfaces during construction to control dust. b) Any area disturbed by construction would be seeded with native plant species to aid development of ground cover. Topography, Geology and Soils a) Flood water from the San Jacinto River will be routed through the lake to Temescal Wash. The available storage capacity in the lake behind the levee will be used to lessen the peak flow of the runoff water. b) If fossils remains are encountered during construction, construction activities would be diverted away from the remains until a qualified paleontologist approved by the Natural History Museum of Los Angeles County has removed the remains and allowed construction to proceed. Construction would then be monitored in the vicinity of the fossil site. Water Resources a) Silt curtains or other protective devices would be used for all construction in water and shoreline areas to minimize sediment transport and resultant turbidity in adjacent aquatic areas. b) No work shall be conducted within flowing waters of the San Jacinto River. Should work be completed during the period when the river is flowing, then water shall be diverted around the work area. If this is required, then sediment filter devices shall be installed and maintained, appropriately, and additional shoreline protection shall be provided for bank stabilization. Upon completion of the work, the riverbed is to be stabilized and the river flows are to be returned to natural course. C) During the course of construction, erosion control shall be accomplished through the use of temporary desiltation basins within the San Jacinto River. d) No equipment shall be serviced or stored within 100 feet of the streambank. Hazardous materials, chemicals, fuels and lubricating oils shall not be stored within 100 feet of the streambank. Whenever practicable, equipment refueling operations shall also take place within a bermed area with an impervious floor located at least 100 feet from the river. All equipment shall be maintained in a manner that prevents any leakage of oils, fuels or fluids into the waterway of the San Jacinto River. -2- .�r Biological Resources a) newoinletw channel lto allow tnormal ulowb built flowwatert he to to continue along the natural channelfTOmtthe sedgeaofnthe River (low -flow riparian channel) valley floor to the area behind the levee. socioeconomic Resources Earth transport trucks will be scheduled and routes in the City of Lake Elsinore to minimize traffic congestion and avoid land uses that are inlresidentialeareas, homes, schools, k will ) time hours to construction work beMaterial in route will be minimize noise impacts. reclude loss of fine material covered or moistened to p (i.e., dust) to the roadway. 4) The Redevelopment Agency directs the CityEngineer 60 initiate construction, subject to securing all required permits from regulatory agencies. 5 directs the City Engineer to ) The Redevelopment Agency pursuant to the State CEQA file a Notice of Determination, Guidelines, Section 15096(1) PASSED, APPROVED AND ADOPTED BY THE FOLLOWING VOTE at the Redevelopment Agency Board Meeting of a) LAKE ELSINORE REDEVELOPMENT AGENCY BOARD JIM WINKLER, CHAIRMAN D THE BOARD ATTESTED: RON MOLENDYK, SECRETARY /REDA APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPER, CITY ATTORNEY MIM