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HomeMy WebLinkAboutMINUTES - 01311995 - 1.4 / T TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: JANUARY 31, 1995 SUBJECT: APPROVE THE LINDSEY BASIN PROJECT AND ADDENDUM TO THE NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE, EAST ANTIOCH CREEK AND LINDSEY BASIN PROJECT NO: 7566-6D-8465, CDD-CP 95-2 Specific Request(s) or ecommen a ions Background us ica ion I. Recommended Action: APPROVE project and the Addendum to the Negative Declaration (ND) for East Antioch Creek Lindsey Basin (The custodian of which is the Chief Engineer who is located at 255 Glacier Drive, Martinez) and FIND that minor technical changes or additions to the project as described in the Addendum to the ND are necessary. DIRECT the Chief Engineer to prepare contract plan and specifications for construction. II. Financiallmpact: The estimated project cost is $1,850,000 funded by Drainage Area 56 (100%) III. Reasons for Recommendations and Background: The project includes reconfiguring the basin and maintenance road, relocating the inlet and outlet structures and low flow channel, installing approximately 800 LF of 42" to 66" concrete pipe, and depositing excavated material within the basin right of way and at the Laurel embankment site. It is needed to provide flood control protection. The ND pertaining to this project was approved by the Board on November 3, 1987. Continued on attachment: X yes SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON: January 31, 1995 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS _ X UNANIMOUS(ABSENT IIN ge certify thatthisisetrueandconectcopyof AYES: NOES: an action taken and entered on the minutes of the -- ABSENT: ABSTAIN: Board of Supervisors on the data shown.Contact: Flood Board Germany,(510)3 ATTESTED: Jani ary 31. 1995 PHIL BATCHELOR,Clerk of the Orig.Div.: Flood Control of Supervisors and County Administrator cc: Auditor-Controller(Attn:) ry Accounting �^L ng"ion 'Jill PD:mg �— .00" gAFL CTUB0%ndsay.t1 AIV Approve Lindsey Basin Project and Addendum to the Negative Declaration of Environmental Significance East Antioch Creek and Lindsey Basin January 31, 1995 Page Two The Addendum to the ND of Environmental Significance will provide for the necessary changes or additions to Lindsey Basin in order to provide downstream flood protection. The Addendum is consistent with County policies and does not lead directly or indirectly to significant physical changes in the project, nor does it alter the adequacy or the completeness of the environmental impacts and mitigation measures identified in the ND. Therefore, an Addendum to the ND is appropriate to address the minor technical changes in the project description. Upon Board approval, the Addendum would be attached to the ND of Environ- mental Significance. IV. Consequences of Negative Action: Delay in approving the project and Addendum to the ND will result in delay of design and construction of the project. ADDENDUM to the NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE EAST ANTIOCH CREEK AND LH-4DSEY BASIN County File #PW 86-99 CP 95-2 Prepared by: Vickie Germany, Environmental Planner Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553-4897 January 1995 ADDENDUM to the NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE EAST ANTIOCH CREED AND LINDSEY BASIN County File #PW 86-99 CP# 95-2 Prepared by: Vickie Germany, Environmental Planner Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553-4897 January 1995 Environmental Planner (Chief Planning Official) Public Works Department t Title: Lead Agency: County of Contra Costa Date: A — �� ADDENDUM to the NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE EAST ANTIOCH CREEK AND LINDSEY BASIN County File #PW 86-99 CP # 95-2 PREFACE The Initial Study of Environmental Significance (IS) and Negative Declaration (herein after the IS and Negative Declaration are referred to collectively as "ND") prepared on 19 November 1986, evaluated the construction of East Antioch Creek and Lindsey Basin located in eastern Contra Costa County. The ND was prepared to cover items not specifically addressed in the Final Environmental Impact Report (EIR) East Antioch Creek Watershed Area Drainage Improvement Plan certified by the Contra Costa County Board of Supervisors (Board) on 5 January 1982. The scope of the ND included the construction of the basin, spillways, drop structure, metering device, and bridges; excavating channels; installing fences, landscaping, and other incidental improvements; and, right-of-way acquisition. This document serves as an Addendum to the ND for EastAntioch Creek and Lindsey Basin (County File #PW 86-99). Consequently, the ND for the project includes this Addendum. The Contra Costa Community Development Department (CDD) is the lead agency for the project, and on 3 November 1987, the Board as the Governing Board for the Contra Costa County Flood Control and Water Conservation District (FCD) approved the project and filed a Notice of Determination (NOD) with the County Clerk. The NOD, posted on 9 November 1987, noted that a ND was issued and an EIR was not required as the project would not have a significant environmental effect. In 1988, part of the Lindsey Basin was constructed per the ND and shall be referred to as the "interim" basin. The interim basin consists of a basin with a capacity of 25 percent of the designed ultimate capacity, a low flow channel, inlet and outlet structures, fencing, a maintenance road which also serves as access to a parcel west of the interim basin, and approximately 5,000 linear feet of outfall pipe. 1 CEQA PROCESS The California Environmental Quality Act (CEQA) prescribes that an Addendum (CEQA Guidelines Section 15164) to a ND shall be prepared by either the lead agency or the responsible agency if.- 1. f:1. None of the conditions described in CEQA Guidelines Section 15162 have occurred: a. No substantial changes have occurred which will introduce new or significant changes environmental impacts not previously considered; b. No significant changes to the conditions or circumstances in the area affected by the project have occurred, such as a substantial deterioration in air quality; c. No new information has become available which show that significant impacts previously examined will be substantially more severe than shown in the ND or the project will have one or more significant effects not previously discussed. 2. Only minor technical changes or additions are necessary to make the ND under consideration adequate under CEQA; and, 3. The changes to the ND made by the Addendum do not raise important new issues about the significant effects on the environment. In accordance with CEQA Guidelines Section 15164(c), the Board must consider this Addendum along with the ND prior to making a decision on the.project. According to CEQA Guidelines Section 15164 (b) an Addendum does not require circulation for public review but can be included in or attached to the ND. As noted in the Preface, this Addendum is attached to the ND for East Antioch Creek and Lindsey Basin (County File #PW 86-99). EXPLANATION OF ADDENDUM The Addendum to the ND for East Antioch Creek and Lindsey Basin identifies the need to make minor technical changes or additions to the project as described in ND. The need for these minor changes arose because the alignment of the proposed State Route 4 Bypass (also known as Delta Expressway) and Laurel Road Extension projects have changed since the ND was prepared, affecting the position of the detention basin (Figures 2 - 4). .The alignment of the'State Route 4 Bypass and the extension of Laurel Road are discussed in the State Route 4 Bypass Project Environmental Impact Report (October 1993). The Addendum to the ND consists of the following: 2 (1) The interim basin will be expanded by approximately 21.5 acres. Approximately 600,000 cubic yards (cy) may be excavated and about 500,000 cy of this material may be deposited within the Lindsey Basin right-of-way. This fill area is roughly bounded by the Contra Costa Canal to the north, the proposed State Route 4 Bypass project to the west,and the reconfigured basin to the south (Figure 3). A portion of this area already contains fill from the interim basin excavation in 1988. (2) The existing basin inlet and outlet structures will be removed and new structures are proposed in locations compatible with the reconfigured basin. These structures will have the same shape and function as the existing structures. Approximately 800 linear feet of 42" to 66" concrete pipe connecting the new outlet structure to the existing system downstream will also be installed. (3) A reconstructed low flow channel will connect the basin inlet and outlet structures. (4) The maintenance road will be reconfigured and access to the westerly adjoining property will be preserved. (4) Approximately 100,000 cy of excavated material may be deposited on an off-site location east of the basin between Neroly Road and the canal (Figure 5). The impacts associated with an off-site fill location were analyzed in the Laurel Road Embanlanent Initial StudylNegative Declaration. The Addendum is consistent with County policies and does not lead directly or indirectly to significant physical changes in the project,nor does it alter the adequacy or the completeness of the environmental impacts and mitigation measures identified in the ND; therefore, this Addendum to the ND is appropriate. ADDITION TO THE ND This section identifies the language which is added/or changed (bold face type) or deleted (stfikeeut) to the text and figures of the ND: p. 2, 3. Plant/Animal Life - What vegetation (habitat) types exist on the site (give relative % or proportions if significant)? List habitat types. 100 .,,...;,.,,' ufal. 10% emergent freshwater wetlands, 25% orchard, 65% ruderal grassland. p. 4, Figure 1 - The basin diagram is cross-hatched to show it is superseded. (This figure is attached at,the end of the Addendum). 3 p. 5, Figure 2 - Lindsey Basin, 1981 Plan. (This figure is attached at the end of the Addendum). p. 6, Figure 3 - Lindsey Basin, 1994 Plan. (This figure is attached at the end of the Addendum). p. 7, Figure 4-Lindsey Basin, 1981 vs. 1994 Plan. (This figure is attached at the end of the Addendum). p. 8, Figure 5 - Potential Fill Site. (This figure is attached at the end of the Addendum). 4 CONTRA COSTA COUNTY PLANNING COMMISSION, STATE OF CALIFORNIA, INCORPORATING FINDINGS and RECOMMFNDATIONS PERTAINING to the FINAL ENVIRONNEUNTAL BRACT REPORT for the EAST ANTIOCH CREEK WATERSHED AREA DRAINAGE BVROVEMENT PLAN The Findings for the East Antioch Creek Watershed Area Drainage Improvement Plan were made by the Contra Costa County Planning Commission to comply with Section 15091 of .the CEQA Guidelines are incorporated herein by reference. 5 CONTRA COSTA COUNTY ADDENDUM FINDINGS NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE EAST ANTIOCH CREEK AND LINDSEY BASIN The following information is presented to justify that the Addendum is an appropriate environmental document for the proposed project. The significant impacts of the proposed project were adequately covered in the Final Environmental Impact Report (EIR) East Antioch Creek Watershed Area Drainage Improvement Plan certified by the Contra Costa County Board of Supervisors (Board) on 5 January 1982. The ND was prepared to cover those items not specifically addressed in the EIR. 1. Environmental Effect: The proposed project will result in excavating and/or filling in ruderal grassland, human-made wetland habitat, and approximately 15 acres of orchard not originally proposed for such activities. The original site was agricultural and after the construction of the interim basin, ruderal grassland developed on the excavated site and created wetlands established in the low flow channel. Findings: There are no significant environmental impacts associated with the proposed activity for which the Addendum was prepared. Once the basin is reconfigured and flows through the basin resumed, ruderal grassland and wetland vegetation will recolonize the site as it did once construction on the interim basin ended. Grasslands and wetlands adjacent to the project will not be effected and may serve as a refugium. The temporary loss of grassland and wetland habitat is not significant. Approximately 15 acres of orchard, which were planted about five years ago, will be used for the basin project. In the Draft Environmental Impact Report on the Antioch Infrastructure Plan, Antioch California (June 1992), the orchard falls within the City of Antioch's Future Urbanization Area #2, Eastern Portion planning ,area. The Project Description section identifies this area as "Employment." Figure 29,identifies Lindsey Detention Basin as Open Space - Creek. Under the Land Use section, the conversion of agricultural land was determined to be insignificant. The conversion of the land to Open Space rather than Employment would not result in a change in this determination. According to the Lindsey Basin Biological Constraints Analysis (June 1994) and consultation with the U. S. Fish and Wildlife Service (September 1994) there are no special status species within the proposed project area. Mitigation measures included in the Final Environmental Impact Report (EIR) East Antioch Creek Watershed Area Drainage Improvement Plan shall be incorporated into the proposed project as they were when the interim basin was constructed for which the ND was prepared. Shifting the basin south of its original location is a minor 6 technical change to the design of the project and will not cause a significant impact that was not previously identified in the ND. Statement of Facts: a. The project to be developed pursuant to this Addendum to.the ND for East Antioch Creek and Lindsey Basin is identical or substantiallysimilar to the project analyzed in the ND. b. The ND for the project includes this Addendum. The ND was completed in compliance with the CEQA. c. There are no subsequent changes, pursuant to CEQA Guidelines Section 15162 (a)(1),in the project which require important revisions of the ND because the project is substantially similar to the project analyzed in the ND. d. There are no substantial changes in the circumstances, pursuant to CEQA Guidelines Section 15162 (a)(2), under which the Lindsey Basin-,project, will be undertaken. Those circumstances remain identical or substantially similar to the circumstances analyzed in the ND. e. There is no new information of substantial importance, pursuant to CEQA Guidelines Section 15162 (a)(3), to the Lindsey Basin project which could not have known when the ND was originally adopted by the Board on 3 November 1987, and which shows that the flood control project will have one or more significant effects not discussed in the ND. L None of the conditions calling for the preparation of a subsequent or supplemental EIR have occurred (see items 1 c - e above). Therefore, it is appropriate to adopt the Addendum to the ND to make a minor technical change, by specifying that the basin is to be relocated south of the position shown in the ND (CEQA Guidelines 15164). The changes to the ND made by the proposed Addendum do not raise important new issues about significant effects on the environment. The Addendum shall be considered along with the ND prior to the Board making a decision on the reconfiguration of the basin, and in considering the reconfiguration, the Board is considering the identical underlying project. The findings are supported by substantial evidence in the administrative record and are based on the ND for East Antioch Creek and Lindsey Basin which was subject to public review. VLG:VLG cALindsey\Addendum 7 a K ii. I�: 4 h r � � � B 5-0 IMMI k , +� al r J FIGURE 2 •4$ d l�ii�� �lg.��7� :e1�N (4'LAN£SJ � � ��ac ��. O i` 0 o� • II �� r s (//QO X � q � 3• IQa 77P :O ELEV 7Q0 s.i role I I ' /1:/ •LTi = o 10 74.0 Q / �c•9lI �Q ` ao 2 00 � o ! E b it © 0 \\ �- r do ` F D 7 a � �o n$ r 5 (n y 10A. o �nH D 7' 0 D y x Z a� r. A Q G .• t FIGURE 3 ♦ a a eo PO C'CY O '�� +• '�•\` ��N,�1\`Z< 1/ �'a�tf •srt�r U «1. a ;,l X z � ;• IQCt ! tyX rot 1 j ♦ �, 1 '+ ♦A 1 S 1 4 ti�Y Srtt'C /f/j 1� ♦ ON ♦ � LJ i •rOPOSC •f ♦ ♦ I.�\ y 'ePress'"j- j-e ♦ l. . '. I K '� ..._.yam♦.` 1 ♦� \` n .- t i \ u ..._......_...� .». it � ! ..... • A I 44 1q1+ � 4 t x `I � ♦ ,r 1`1 ♦ t ji 4 0 j q ♦ It t u S �'�!! tt `� h ♦ fl I 70 ti y C"O ` `,` v4,.x I(I ♦ til i, x " a nr 9 7_C7 1.i / q >v � 'J' b in !! V, aY' don \ ;; / ♦`�, . r// } X _____ Q Y• to if X T x FIG�R� 4 r `t \\ r f4+sr 6Kw � t - �. - .011 C� S, l J � � r x � i _ _ � ♦ r "p • rR�t. S PP„ 7 i tJX(PRESS WAY Rtt _ t V` r '\\ if '' tt \ q L �j 9� .Y ". r •1 J � s) . J " it, It It - It t, t i 11 lit _ 1 It R. 3 �uit it n it it to a r n " •„ � u % � � w' x u u • o Io- ta )e -Z t� g F G C \\ K Avera L_ ,-v,q t\ a WA I IL tt Liv -- Q q',` re Avenue fort \ t • CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT I N I T I A L S T U D Y OF ENVIRONMENTAL SIGNIFICANCE Project Name: East Antioch Creek & Lindsey Basin Public Works Department Administration Building File ; 86-99 Pine & Escobar Streets Martinez, California 94553 Revised May 27, 1987 Prepared by: D, Desmond _ Date: November 19, 1987 Reviewed by: Q ' Date: January 12, 1987 RECOMMENDATIONS: ( ) General ule: Exempt from Govt. Code 65402 by Board of Supervisors Resolution 81/522 ( ) Categorical Exemption (Class ) (X) Negative Declaration ( ) Environmental Impact Report Required ( ) Conditional Neg. Declaration This Project (may) (will not) have a significant effect on the environment. The recommendation is based on the following (List all items identified as significant): The scope of the proposed drainage improvements include constructing earth fills for the basin excavating and shaping the basin, constructing spillways and metering device, excavating channels, fencing, landscaping, drop structures, bridges and other incidental improvements, and the acquisition of rights of way for the improvements. The project was covered in the EIR prepared for the East Antioch Creek Watershed Study Report for Drainage Area 56. The EIR which was certified by the Board of Supervisors January 5, 1982, adequately covers the significant impact of the project. The Negative Declaration is recommended to cover those items not specifically addressed in the EIR. What changes to the project would mitigate the identified impacts (List mitigation measures for any significant impacts and conditional negative declaration). The basin will be contoured to fit the natural topography as much as practical , and enclosed with fencing. The principle spillway consists of concrete pipe and earth ditch. The upstream channel is earth. The project will reduce the threat of flooding in the East Antioch Creek watershed and of flood waters escaping the watershed toward the Southern Pacific Railroad near Empire Avenue. USGS Quad Sheet: Brentwood Base Map Sheet # H24 Parcel # Book 41 Page 2 Book 52 Pages 5 & 6 Book 54 Book 53 Pages 6 & 7 Page 23 GENERAL CONSIDERATIONS: 1. Location: The Lindsey Basin is located just south of the Contra Costa Canal westerly of Neroly Road and the Southern Pacific Railroad in the East Antioch/Oakley area. Channel improvements will run from the SP Railroad crossing of the creek just east of Hig way 4 to the basin and from the basin southwesterly to a point roughly 500 fee north of the Lone Tree Way/Hillcrest Avenue intersection. 2. Project Description: The project consists of constructing an earth embankment and outlet facilities and excavating the area adjacent to East Antioch Creek to form the a�sin. The project also includes the construction of about 2 miles of trapezoidal earth channel . The basin will have spillways and a metering device to control the flows. The channel wi ave road crossings bridges or cu vei: drop structures, and rock slope protection where necessary. The acquisition of temporary and permanent rights of way will be required for this project. 3. Does it appear that any feature of the project /_/yes / /no /X//maybe will generate significant public concern? (Nature of concern): Construction inconveniences. 4. Will the project require approval of permits by other /—/yes /—/no than a County agency? Agency name(s) Dept. of Fish & Game, possibly the Division of Safety of Dams. 5. Is the project within the Sphere of Influence of any city? (Name) Antioch IS.Ant.t6 ENVIRONMENTAL IMPACTS ANALYSIS: S=Significant N=Negligible C=Cumulative No=None U=Unknown 1. Water. Will the project result in: a) Is any portion of the project within a Flood Hazard Area? JWYES 0 ,'40 S N C NO b) Reduction of surface or ground water quality or quantity? C1 0 0 0 Increased runoff or alteration to drainage patterns and streams? El 0 0 0 d) Erosion of or sedimentation in a body of water? u Ei- [I ou 2. Earth. (Consider the Seismic Safety Element) Will the proposal result in or be subject to.- a) Is any portion of the project within an Alquist-Priolo Act Special Studies Zone? (if yes, date County Geologist notified DYES El NO b) Potentially hazardous geologic or soils conditions on or S - N C NO U immediately adjoining the site? (slides, springs, erosions, liqui- faction, earthquake faults; consider prime soils, slope, septic tank limitations). Cite any pologle or engineering reports. (County Geolopjst consulted?)Moderatt, to Jew 119utfactinn 0 0 A 0 o potential & I-aA and ,DOsoils . .1 1 c) Grading (consider height amount, steepness and visibility of fel El 0 0 -0 proposed slopes; consider effect of grading on trees, creek channels and ridge tops)(Are there any grading plans?) C1 YES NO 3. Plant/Animal Life. S N C NO U a) Will there be a reduction or disturbance to any habitat for plants and animals? (including removal or disturbance of trees) 0 X El 0 0 b) Will the Project affect the habitat of any rare, endangered or unique species located on or near the site?. C1 0 0 JZ El c) What vegetation (habitat) types exist on the site (give relative ?6 or proportions if significant)? List habitat types. 10,0% agricultural 4. Air. Will the Project result in deterioration of existing air quality, S N C NO U including creation of objectionable odors, or will future project residents be subjected to significant poll.ution levels?Duri,09* constructJoy )z 0 .5. Noise. Will the project result in: a) Is any portions of the project within the 1990, 60 dBA Noise C1 YES NO Contour? (check Noise Element at 1000 scale maps) b) increases from existing noise levels? During construction 0 30 0 -0 E 6. Ener /Natural Resources/Hazards (Consider General Plan, Safety and Seismic Safety Elements). Will the projects result in: a) Any additional consumption of energy? During construction. ❑ 0 0 1 b) Affect the potential use, extraction, conservation or depletion of a natural resource? 11 13 El JZ C) Increase risk of explosion, release of hazardous substances or other dan f,ers to public health and safety? Standard & getty C3 0 oil 1 pipelines a ong SP Railroad & PG&E gas line along the southerly projection 7. Utilities and Public Service. Will the project:' 0-f Bridgehead Road a) Require alteration or addition to or the need for new utility systems (including sphere of influence or. district boundary change; water, sewer,solid waste)? [:1 YES NO b) Result in the need for new or expansion of the following S N C NO U services: fire and police protection, schools, parks and recreation, roads, flood control or other public works fac- ilities, public transit or governmental services (include 0 0 0 changes to sphere of influence)? ❑ c) Affect recreational opportunities (consider General Plan Recreation Element-Trails Plans)? 0 0 0 A El 8. Transportation/Circulation. (Consider the Major Roads Plan) Will the project result in: blems (consider road design, access, congestion, parking and accident potential)? During construction. 0 X El C1 0 b) Special transportation considerations (waterborne, rail, air or public transportation systems and parking facilities)? None c) increase in commuting to and from local community? 0 K El 0 0 During construction. -9. Housing and Community Development. (Consider Housing Ele- ment). Is the project: a) Located within a Neighborhood Preservation Area? ❑YES Ur NO b) Is there an opportunity for construction of low and moderate income housing? ❑YES NO 10., Cultural Resources. a) Review by the Regional Clearinghouse? (their recommend- BYES [I NO- ation)? Date 1980 b) Any nearby County Historic Sites (Consider Historical Resources Inventory) None 11. Aesthetics. (Consider the Scenic Routes Element) Will the project obstruct any public scenic vista or view, create an aesthetically offensive site open to public view, or produce new light or glare? DYES NNO 12. Is this project a growth-inducing action (encourage additional requests for similar uses) or set a precedent in the area? [J YES NO 13. Mandatory Findings of Significance. (A "yes" answer on any of the following questions requires preparation of an EIR) a) Does the project have the potential to degrade the quality of the environment, or curtail the diversity in the environ- ment? 0 YES NO b) Does the project have the potential to achieve short-term, . to the disadvantage of long-term, environmental goals? 0 YES X NO c) Does the project have impacts which are individually lim- ited, but cumulatively considerable? LIYES XNO d) Does the project have environmental impacts which will cause substantial adverse effects on human beings, either directly or indirectly? El YES NO Discussion- N I n;y ��.r�, ► y � � , �I .�. klk