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ITEM: |
CONSENT CALENDAR |
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4. |
Consider Expenditures for Permitting of
a New Carmel River Fish Counting Weir (Exempt
under CEQA Guidelines Section 15306 and 15378) |
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Meeting Date: |
August
20, 2018 |
Budgeted: |
Yes |
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From: |
Dave Stoldt, General Manager |
Program/ |
Protect Environmental Quality |
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Line Item No.: |
Program
– Aquatic Resources Fisheries |
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Prepared By: |
Kevan Urquhart |
Cost Estimate: |
$
15,000 |
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General Counsel Approval:
N/A |
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Committee Recommendation:
The Administrative Committee reviewed this item on August 13, 2018 and
recommended approval. |
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CEQA
Compliance: The primary project is
Categorically Exempt under the California Environmental Quality Act
Guidelines section 15306, and the remaining actions do not constitute a
project as defined by the California Environmental Quality Act Guidelines
section 15378. |
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SUMMARY: The District needs to take three
actions to begin the permitting process required to install a new fish counting
weir that will enumerate the full annual run size of Carmel River
steelhead: 1) approve a Notice of
Exemption (NOE) under the California Environmental Quality Act (CEQA); 2)
approve an expenditure for the fee the California Department of Fish & Wildlife
(CDFW) requires for a Lake &
Streambed Alteration Agreement (LSAA)
permit; and 3) approve a reimbursement agreement between Denise Duffy &
Associates (DD&A) and the District to assist in acquiring other State and
local permits or waivers.
RECOMMENDATION:
Staff recommends the Board of Directors: (1) approve the CEQA NOE; (2)
approve an expenditure of $2,170.50 for the CDFW LSAA five–year permit fee; (3)
authorize the General Manager to enter into an agreement with DD&A for a
not-to-exceed amount of $7,829.50 for assistance with permit acquisition; and
(4) include a $5,000 contingency for a total expenditure of $15,000.
BACKGROUND:
The District budgeted for a new fish-counting weir to be built in the winter of 2018-2019 at River Mile ~0.5. It will be placed
between the banks of the Carmel River on property owned by the Carmel Area
Wastewater District and the City of Carmel-by-the-Sea. It will be removed and reinstalled annually
for up to a six month monitoring season from December
– May. The design is a resistance board
weir, attached with sand anchors to the substrate, where the center panels are
hinged, allowing them to lay down and flatten out under high flows, so that
debris can be pass over the structure.
The weir includes a trap for adult steelhead on one bank.
The District originally maintained a DIDSON hydro-acoustic
sound camera upsteam of this location on loan from
the CDFW for this purpose, but the use of that device in the lower river has
been rendered ineffective by the large number of striped bass that now regularly
move up and down the river, which cannot be distinguished from steelhead with
existing hydro-acoustic technology.
Preliminary consultations with CDFW and National Marine Fisheries Service staff operating these types of weirs from Santa Cruz County to the Oregon border, and in the Sacramento Valley, suggest that other Counties and the State Coastal Commission (SCC) are not exerting permit jurisdiction over these kinds of seasonal temporary installations elsewhere, and we may simply have to notify the parties and request a waiver. CDFW’s Central Region has indicated they will likely require a LSAA, which also requires the District to conduct CEQA compliance, and the Monterey County Water Resources Agency requires formal consultation on any structures placed in the Carmel River flood plain.
ACTION #1:
The
Board should authorize staff to prepare a CEQA NOE, since the action is
Categorically Exempt. The Categorical
Exemption is identified in Title 14. Natural
Resources; Division 6. Resources Agency; Chapter 3:
Guidelines for Implementation of the California Environmental Quality Act:
Article 19. Categorical Exemptions; Section 15306. Information collection
[Section 21084, Public Resources Code] “consists of basic data collection,
research, experimental management and resource
evaluation activities which do not result in a serious or major disturbance to
an environmental resource. These may be for strictly information gathering
purposes, or as part of a study leading to an action which a public agency has
not yet approved, adopted or funded”.
ACTION #2: The Board should approve an expenditure of $2,1750.50 to acquire a CDFW LSSA for the next five years of
weir operations.
ACTION #3:
The Board should authorize the General
Manager to enter into an agreement with
DD&A for a not-to-exceed amount of $7,829.50 for assistance with permit
acquisition. Attached as Exhibit 4-A is
a proposed reimbursement agreement between Denise DD&A and the District. DD&A would be responsible for developing
the County and SCC permitting of the weir, if either agency exerts
jurisdiction, or acquiring documented waivers, if they do not. MPWMD would be the Lead Agency for California Environmental Quality Act
compliance; acquire CDFW LSAA permits for the project; and supervise
installation by a specialized biological consulting firm to be selected as a result of a future bid process.
IMPACT
TO STAFF/RESOURCES:
Funds for the permits and to retain the services of DD&A are in the FY 2018-2019 Fisheries Program
Budget under account 24-04-785851 “2-3-4 Monitoring of Adult Steelhead Counts: C.
Resistance Board Weir Construction (Permitting)” Staff time will also be needed to for CEQA
and CDFW LSAA compliance, and to oversee the project.
EXHIBIT
4-A Letter proposal
from Denise Duffy &Associates
U:\staff\Boardpacket\2018\20180820\ConsentCalendar\04\Item-4.docx