ITEM:

PUBLIC HEARING

 

21.

CONSIDER ADOPTION OF A Negative Declaration AND THE SECOND READING AND ADOPTION OF ORDINANCE NO. 181 AMENDING DISTRICT RULES AND REGULATIONS TO MODIFY THE EXTENT OF THE CARMEL RIVER RIPARIAN CORRIDOR

 

Meeting Date:

May 20, 2019

Budgeted: 

No

 

From:

David A. Stoldt,

Program/

 

 

General Manager

Line Item No.:

N/A

 

 

 

Staff Contact:

Larry Hampson

Cost Estimate:

 

$2,400

Acct.24-03-780100

 

General Counsel Approval:  Yes.

Committee Recommendation:  N/A

CEQA Compliance:  Subject to review according to California Environmental Quality Act Guidelines Section 15153 - Use of an EIR from an Earlier Project

 

SUMMARY:  Draft Ordinance 181 would extend the Carmel River Riparian Corridor by 13.5 miles from the eastern end of Carmel Valley Village upstream to the Ventana Wilderness boundary (Exhibit 21-A with strikeout and additions).  The District currently implements a comprehensive program to protect and restore water resources along the lower 15.4 miles of the main stem of the Carmel River. The District desires to extend this program upstream by 13.5 miles, such that all properties between the Pacific Ocean and the Ventana Wilderness boundary would be included in the program.  The definition of the Carmel River Riparian Corridor, which includes area within 25 lineal feet of the 10% chance flood line, and the District Rules concerning activities in the Riparian Corridor of the Carmel River would apply to all the properties in this reach of the river.

 

To comply with California Environmental Quality Act (CEQA) requirements, the District has relied on the previously certified 1984 Final EIR for the Carmel River Management Program and proposes to adopt a Mitigated Negative Declaration (MND, Exhibit 21-B) for this Project. Written comments were received from the California Department of Transportation (CALTRANS), the California Department of Fish and Wildlife (CDFW), and the Native American Heritage Commission (NAHC).  At the Public Hearing, the Board will consider any additional comments about the proposal and hold the second reading of draft Ordinance 181.

 

RECOMMENDATION:  Staff recommends that the Board take the following actions:

 

  1. Respond to any additional written or oral comments during the Public Hearing.
  2. Approve the Draft Mitigative Negative Declaration and direct staff to prepare a Final Mitigated Negative Declaration incorporating comments and responses.
  3. Adopt Ordinance 181.
  4. Direct staff to post a Notice of Determination.

 

DISCUSSION: [Note: see Item 10, February 21, 2019 Board meeting packet for additional background information.] A Notice of Intent to adopt a Draft Initial Study/Mitigated Negative Declaration was published by MPWMD on February 26, 2019 and by the State Clearinghouse on February 28, 2019.  Written comments and the District’s responses are attached as Exhibit 21-C).  The first reading of Draft Ordinance 181 was at the April 15, 2019 meeting. 

 

The main changes to the District’s Rules for the Riparian Corridor include the following:

 

·         The upper limit of the Riparian Corridor would move from Camp Stephani in Carmel Valley Village to the Ventana Wilderness boundary;

·         About 40 properties would be added to the Riparian Corridor;

·         Lawns, landscaping, and cultivated areas as shown in the June 2017 aerial photos would be exempt (the 1983 aerial photos are the basis for exemptions at present);

·         The reference to the 10% chance flood for defining the limits of the Riparian Corridor is changed to be the most recent flood analysis (as opposed to the analysis from 1984);

·         Assistance to property owners to acquire rights of way is dropped;

·         Clarification of research and monitoring tasks;

·         Clarification of management of debris and vegetation;

·         Streamline language and requirements for acquisition of a River Work Permit;

·         Add a requirement to show that proposed project work would not induce downcutting;

·         Make copies of River Work Permits available through the District’s public outreach platform (e.g., on the District’s web site).

 

A draft version of Rules 11, 123, and 127 as they would be written after adoption of Ordinance 181 is attached as Exhibit 21-D.

 

Summary of Comments and District Responses

 

CALTRANS: District 5 informed MPWMD that an encroachment permit is required for work within any CALTRANS right of way and that all work must conform to CALTRANS standards.  MPWMD responded with an email that all permits issued by MPWMD include a requirement to obtain necessary local, State, and Federal permits.  There is one CALTRANS right of way along the main stem of the Carmel River at Highway 1.

 

CDFW:  The main concern expressed by CDFW is that the MND does not contain specific mitigation measures to reduce potential impacts to plant and animal species of concern.  MPWMD responded that an extension of the riparian corridor does not have a physical impact to the environment and that mitigation measures for specific projects would be developed in response to individual project applications for work.  MPWMD also suggested working through the existing Routine Maintenance Agreement process MPWMD has with CDFW to address their concerns about potential impacts from proposed projects and about cooperation on regulating activities in the Riparian Corridor.

 

NAHC: The NAHC recommended consulting with California Native American Tribes about the proposed Project.  In 2015, the Ohlone/Costanoan-Esselen Indian Nation (OCEN) requested formal notification for projects within the District’s area of jurisdiction.  As requested and in compliance with AB 52, the District notified the OCEN Tribal Chairwoman, who received a notification package on March 15, 2019.  MPWMD provided the Notice of Intent to adopt Ordinance 181 and a copy of the MND.  No comments on this project were received from OCEN and no request for consultation was received within 30 days of notification.  The 1984 EIR previously certified by the Board determined that there could be cultural resources that would be affected by proposed projects and recommended investigations of cultural resources as a mitigation measure.  It should be noted that such studies are usually mandated by either Monterey County or the US Army Corps of Engineers as part of the review process.  As with many of the comments from CDFW about potential impacts, determining whether cultural resources could be affected cannot be determined until a project is proposed at a particular site. 

 

California Environmental Quality Act

The District will rely on the Carmel River Management Program Environmental Impact Report adopted by the Board in 1984; on the proposed Mitigated Negative Declaration described in the February 21, 2019 meeting packet; and responses to comments received in making a final determination (CEQA Section 15153).  The Monterey County filing fee for a MND is $2,404.75, which includes $2,354.75 for the CDFW Environmental Document Filing Fee.

 

IMPACT TO DISTRICT RESOURCES:  Extending the Carmel River Riparian Corridor could require additional staff time to enforce District Rules.  Other District activities such as vegetation management, technical assistance, and carrying out restoration projects would continue to be carried out as funding allows. 

 

EXHIBITS

21-A    Draft Ordinance 181 with strikeout and additions

21-B    Initial Study/Mitigated Negative Declaration

21-C    Comments and Responses

21-D    Draft of Rules 11, 123, and 127 after adoption of Ordinance 181

 

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