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Home My WebLink AboutMINUTES - 07072015 - C.20RECOMMENDATION(S): APPROVE the Wildcat and San Pablo Creeks Levee Remediation Project (Project) and AUTHORIZE the Chief Engineer, or designee, to advertise the Project, North Richmond area. [Project No.7505-6F8740, DCD-CP#13-18] (District I), and FIND, on the basis of the combined National Environmental Policy Act (NEPA) Environmental Assessment Finding of No Significant Impact/ California Environmental Quality Act (CEQA) Initial Study/Mitigated Negative Declaration and all comments received and staff responses contained herein, that there is no substantial evidence the Project may have significant effect on the environment, and ADOPT the combined Finding of No Significant Impact/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program in compliance with the California Environmental Quality Act (CEQA), pursuant to Article 6, Section 15070(a), (the custodian of which is the Department of Conservation and Development Director located at 30 Muir Road, Martinez, CA), and DIRECT the Director of Conservation and Development to file a Notice of Determination with the County Clerk, and AUTHORIZE the Chief Engineer to arrange for payment of $2,210.00 in fees to California Department of Fish and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/07/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Federal D. Glover, District V Supervisor Contact: Leigh Chavez, Environmental (925) 313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 7, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Flood Control District, C. Roner, Environmental, L. Chavez, Design/Construction Division, Finance Division C. 20 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 7, 2015 Contra Costa County Subject:APPROVE the Wildcat and San Pablo Creeks Levee Remediation Project and related actions under the California Environmental Quality Act. RECOMMENDATION(S): (CONT'D) Wildlife, a $50 fee to the County Clerk for filing the Notice of Determination, and a $25 fee to Department of Conservation and Development for processing. FISCAL IMPACT: 90% California Department of Water Resources Local Levee Critical Repair Program Funds and 10% Flood Control District Funds. BACKGROUND: The Contra Costa County Flood Control and Water Conservation District has received Proposition 84 grant funding from the California Department of Water Resources for remediation of levees for Wildcat and San Pablo Creeks in the North Richmond area. The Federal Emergency Management Agency (FEMA) decertified the Wildcat and San Pablo Creek levees on April 25, 2007. FEMA is in the process of remapping their floodplain maps to include properties behind the levees in a flood hazard area. Properties placed in a flood hazard area will need to obtain flood insurance. If the levees are remediated and recertified before the FEMA floodplain maps are finalized, then the properties will not be re-categorized a flood hazard area. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design, construction, may jeopardize funding, and will result in the area being deemed flood prone and subject to flood insurance. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Notice of Public Review Packet Notice of Determination CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION Authority cited: Sections 21083, Public Resources Code. Reference Section 21000-21174, Public Resources Code. \\PW-DATA\grpdata\engsvc\ENVIRO\Flood Control\Wildcat and San Pablo Levee Remediation (WO#8740)\CEQA-NEPA doc\3-Draft for Circulation\Final Draft 3_ NOD-template.doc Form updated: August 2014 To: Office of Planning and Research From: Contra Costa County P.O. Box 3044, Room 113 Dept. of Conservation & Development Sacramento, CA 95812-3044 30 Muir Road Martinez, CA 94553 County Clerk County of: Contra Costa State Clearinghouse Number: 2015052028 Project Title: Wildcat and San Pablo Creeks Levee Rehabilitation, 7505-6F8740, and CP#13-18 Project Applicant: Contra Costa County Flood Control and Water Conservation District Project Location: The proposed Action/Project is located in west Contra Costa County California near the City of Richmond. Project Description: The proposed project would raise existing levees along certain stretches of Wildcat and San Pablo Creeks. This work is necessary to meet to the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) freeboard requirements for the levees along Wildcat and San Pablo Creeks in the North Richmond Area (proposed Action/Project). This will allow the certification of the levees by a Professional Engineer. Certifications will be submitted to FEMA to show that the levees meet the requirements of Section 65.10 of the National Flood Insurance Program (NFIP) regulations. If sufficient freeboard is not achieved, it will result in the surrounding area being designated as flood prone which would increase flood risk and require property owners to purchase flood insurance. In most cases, work would occur on both sides of the creeks with the exception that no work would be conducted on the north levees of Wildcat Creek east of Richmond Parkway. Levee deficiencies in that area would be remediated separately and are not part of the Action/Project. Proposed remediation incudes a combination of levee fill and installation of flood walls consist ing of driven sheet pile walls, earthen berms, and reinforced concrete flood walls. Concrete connectors would be installed where flood walls are located adjacent to existing bridges. Or, in some locations sufficient freeboard may be achieved through addition of caps on existing floodwalls, and paving overlay of roads that act as levees. The project was approved on: July 7, 2015 1. The project [ will will not] have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [ were were not] made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan [ was was not] adopted for this project. 5. A statement of Overriding Considerations [ was was not] adopted for this project. 6. Findings [ were were not] made pursuant to the provisions of CEQA. Notice of Determination sent to Office of Planning and Research.* This is to certify that the final joint Environmental Assessment Finding of No Significant Impact and Initial Study Mitigated Negative Declaration with comments and responses and record of project approval, is available to the General Public at: Contra Costa County Public Works Department 255 Glacier Drive, Martinez, CA 94553 Signature (Contra Costa County): Title: Date: Date Received for filing at OPR: AFFIDAVIT OF FILING AND POSTING I declare that on ____________________________________________ I received an d posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title: Applicant: Department of Fish and Game Fees Due Public Works Department EIR - $3,029.75 Total Due: $ 255 Glacier Drive Neg. Dec. - $2,210. Total Paid $ Martinez, CA 94553 DeMinimis Findings - $0 Attn: Avé Brown County Clerk - $50 Receipt #: Environmental Division Conservation & Development - $25 Phone: (925) 313-2311 *Notice of Determination may be sent by fax to (916) 323-3018, if followed up with a duplicate mailed copy. Contra Costa County Flood Control and Water Conservation District Wildcat and San Pablo Levee Remediation Action/Project Reaches Figure 2 San Pablo Creek Action/Project Reach Wildcat Creek Action/Project Reach APPENDIX E: PUBLIC COMMENTS ON DRAFT EAFONSI/ISMND San Francisco Bay Conservation and Development Commission 455 Golden Gat e Avenue. Suit e 1 0600. San Francisco. Ca lifornia 941 02 tel 415 352 3600 fax 4 15 352 3606 Ave Brown, Environmental Analyst II Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 June 8, 2015 SUBJECT: Comments on Wildcat and San Pablo Creeks Levee Rehabilitation NEPA/CEQA Draft Environmental Asses sment with Draft Finding of No Significant Impact/Initial Study with Mitigated Negative Declaration, Project#: 7505-6F8740; BCDC Inquiry File No. CC.NR .8402.1 Dear Ms. Brown, Thank you for the opportun ity to comment on the Wildcat and San Pablo Cree ks Levee Rehabilitation NEPA/CEQA Draft Env i ronmental Assessment with Draft Finding of No Significant Impact/In itial Study with Mitigated Negative Declaration (EAFONSI/ISMND). The project as described would raise and remediate the levees along Wildcat and San Pablo Cree ks i n the North Richmond Area (Project). The EAFONSI/ISMND is dated May 7, 2015, and was received in our office on May 8, 2015. Although the San Francisco Bay Con servation and Development Commission has not reviewed the EAFONSI/ISMND, the following staff comments are based on the McAteer-Petris Act, the San Francisco Bay Plan (Bay Plan}, the Commis sion's federally-approved management plan for the San Franci sco Bay, and staff review of the EAFONSI/ISMND as it relates to the Commis sion's jurisdiction . Jurisdiction. The Commission ex erci ses permitting authority over San Francisco Bay and certain waterways, up to the mean high tide line, includ i ng all slough s and marshland s lying between mean high tide and five feet above mean sea level. The Commiss ion al so has jurisdiction within a shoreline band that extends 100 feet landward of and parallel to the Bay shoreline (not certain waterways}, as well as over salt ponds and managed wetland s adjacent to the Bay. Commission permits are required for activities including dredging, fill placement, shoreline development, and substantial ch a nge s in use to any land, water or structure within the Commis sion 's jurisdiction. Permits are is sued if the Commission find s the Project activit i es to be consistent with the McAteer-Petri s Act, and the policies and findings of the Bay Plan . For additional information on policie s and permit requirements, plea se visit BCDC's website at www.bcdc.ca.gov . Ba sed on the information provided i n the EAFONSI/ISMND, the Project site is partially located within the Commis sion's jurisdiction. On Wildcat Cree k, the reach from the mouth to Garden Tract Road is subject to tidal influence and within the Commi ss ion 's Bay jurisdiction, with adjo ining shoreline band jurisdict ion . On San Pablo Creek, the Commi ssion's Bay info@b c dc.ca.gov I www.bc d c .ca .g ov St at e of California I Edmund G. Brown, Jr.-Gov ernor Ms. Ave Brown Contra Costa County Public Works Department June 8, 2015 Page 2 jurisdiction extends upstream from the mouth to the hayward side of the Richmond Parkway crossing, with adjoining shoreline band jurisdiction. Since marsh has established along the creek banks, the shoreline band begins at the line five feet above mean sea level or the upland extent of marsh vegetation. Based on staff review of Figures 3a and 3b (preliminary layouts for Wildcat Creek and San Pablo Creek levee work, respectively), as well as our phone conversation with you on 6/3/15, it appears that the Project will require a BCDC permit for portions of levee work on San Pablo Creek, but not for work on Wildcat Creek. As laid out, the Project will not extend west of Garden Tract Road, and thus proposed work on Wildcat Creek is not within the Commission's jurisdiction. On San Pablo Creek, however, work that is west of Richmond Parkway is within the Commission 's shoreline band jurisdiction, and will require a BCDC permit. lfthe Project changes to include work within BCDC's Bay jurisdiction, which extends up to five feet above mean sea level in either creek, additional policies will be applicable . While the EAFONSI/ISMND does note several times that the Project would require a BCDC permit, Chapter 5, "Compliance with Federal, State, and Local Laws and Regulations," should also list the McAteer-Petris Act and the San Francisco Bay Plan as relevant laws and regulations, and discuss whether the Project would be in compliance . Public Access. Section 66602 of the McAteer-Petris Act states, in part, that "existing public access to the shoreline and waters of the San Francisco Bay is inadequate ." The Commission can only approve a project within its jurisdiction if it provides maximum feasible public access, consistent with the project. The Bay Plan policies on public acce ss state, in part that, "in addition to the public access to the Bay provided by waterfront parks, beaches, marinas, and fishing piers, maximum feasible access to and along the waterfront and on any permitted fills should be provided in and through every new development in the Bay or on the shoreline .... Whenever public access to the Bay is provided as a condition of development, on fill or on the shoreline, the acces s should be permanently guaranteed." Furthermore, the Bay Plan states that "public access should be sited, designed, managed and maintained to avoid significant adverse impacts from sea level rise and shoreline flooding." The permit application to BCDC should discuss how the Project would affect existing and/or required public access in the area (e.g. as required under BCDC permit 1986.002), including whether disruption of public access will be temporary or permanent and the length of any periods of closure . In the event that the Project will result in temporary closure of public access, the permit application should discuss what measures will be taken during construction to maintain access, provide alternative access, and i nform the public of any disruptions, including alternative routes. Longer-term closures may require additional offsets . The application should also include an outreach plan to inform the public of trail clo sures and detour plans, as well as a site map in relation to boundaries of existing public access that also identifi es BCDC jurisdictional lines . This information will assist us i n determining whether the proposed Project is consi stent with the Bay Plan's public access policies . Ms. Ave Brown Contra Costa County Public Works Department June 81 2015 Page 3 While BCDCs jurisdiction is limited as stated above } it should also be noted that Contra Costa County designated a Priority Development Area (PDA} in North Richmond . Although the goal of the Project is to provide f lood protection ba sed on exi sting conditions} it may not be adequate to protect existing or potential new development given projected future sea level rise . Future work may be needed to address this. We appreciate the opportunity to comment on the EAFONSI/ISMND for the Wildcat and San Pablo Creeks Levee Rehabilitation Project. Please contact me at (415} 352-3649 or RCoate s-Maldoon@bcdc.ca .gov if you have any questions. RCM/go Sincerely} /?.~;d/__ REBECCA COATES -MALDOON Coastal Planner Page Intentionally Left Blank R~ycled Paper ~D EASTBAY <._j_:> MUNICIPAL UTILITY DISTRICT June 2 , 2015 Ave Brown , E nvironmental Analyst II Contra Costa County Public Works Department 255 Glacier Drive Mmiinez, CA 94553 Re: Notice of Intent to Adopt a Mitigated Negative Declaration -Wildcat San Pablo Levee Remediation Project, Contra Costa County Dear Ave Brown: East Bay Municipal Utility District (EBMUD) appreciates the opportunity to comment on the Mitigated Negative Declaration for the Wildcat San Pablo Levee Remediation Project located in Contra Costa County (County) near Richmond. EBMUD has the following comments. EBMUD owns and operates recycled water distribution pipelines in Right -of-Way 3955 and Right-of-Way 4099 that run parallel to the toe of the levee on Wildcat Creek. These pipelines provide continuous service to the EBMUD/Chevron Water Reclamation Plant and to recycled water customers. There is a 24-inch recycled water main in Right-of-Way 3955 and an 18-inch and an 8-inch recycled water main in Right-of-Way 4099. Any proposed construction activity in Rights-of-Way 3955 and 4099 would need to be coordinated w ith EBMUD so that the integrity of these water mains is maintained at all times. If modifications to the levees require pipeline relocation , the relocation cost would be at the project sponsor 's expense. The engineering , installation and abandonment of pipelines often require substantial lead time , which should be accounted for in the project schedule. If you hav e any questions concerning this response, please contact Timothy R. McGowan , Senior Civil Engineer , Major Facilities at (510) 287-1981. Sincerely , David J. Rehnstrom Manager of Water Distribution Planning DJR:JRC:dks s b 15 092 .doc 375 ELEVENTH STREET • OAKLAND • CA 94607·4240 • TOLL FREE 1·866-40-EBMUD Page Intentionally Left Blank APPENDIX F: RESPONSE TO PUBLIC COMMENTS ON DRAFT EAFONSI/ISMND Page Intentionally Left Blank