Loading...
HomeMy WebLinkAboutMINUTES - 12171996 - C12 TO: BOARD OF SUPERVISORS AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT n 0— FROM: J. MICHAEL WALFORD, CHIEF ENGINEER l� DATE: December 17, 1996 SUBJECT: Approve Addendum to the Final Environmental Impact Report (FEIR) for the Marsh Creek Watershed Regional Drainage Plan (Marsh Creek between Sand and Dry Creeks) project in the Brentwood Area. Project No. 7521-6D8466-96, CDD-CP # 96-64 Specific Request(s) or Recommendation(s) & Background & Justification I. RECOMMENDED ACTION: APPROVE the Addendum to the Final Environmental Impact Report (FEIR), CP# 96-64, (the custodian of which is the Chief Engineer and is located at 255 Glacier Drive, Martinez), DIRECT the Director of Community Development to file a Notice of Determination and a Certificate of Fee Exemption: De Minimis Impact Finding with the County Clerk, and DIRECT the Chief Engineer to arrange for payment of the $25.00 handling fee to the County Clerk. II. FINANCIAL IMPACT: The estimated project cost is $750,000 funded by Flood Control Zone 1 funds (100%). Continued on Attachment: SIGNATURE: RECOM- MENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED_OTHER_ VOj OF SUPERVISORS UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: h:\marshcrk\marshadd.bo. Orig.Div: Public Works(Design Division) Contact: V. Germany, Design 313-2296 cc: County Administrator Attn: E. Kuevor Auditor-Controller PW Accounting Construction Community Development-A. Woods Design, K. Emigh Design,V. Germany 1 bmby 0W*tfm INS b a mm and eorrsat 00p�d IN aatton taken and entered on the rotnutaa 1thee ooard of S rvisOM on the p%)shown. xrEsTEro L7b19 9G PHILB�ITCHELCR,C:^r;:�f",.,3 and of Supervisors and ccuntl .:nlnlwatw b v. ".—) Do" Addendum Marsh Creek ` December 17, 1996 Page Two III. REASONS FOR RECOMMENDATION/BACKGROUND: The Addendum to the FEIR for the Final Environmental Impact Report (FEIR) for the Marsh Creek Watershed Regional Drainage Plan (Marsh Creek between Sand and Dry Creeks) project consists of the following design changes or additions: 1. A new culvert will be installed next to the existing culvert at Dainty Avenue to provide greater flow capacity under Dainty Avenue. 2. A retaining wall will be constructed along part of the channel-next to Central Boulevard due to inadequate right-of-way. 3. Additional right-of-way is needed for creek widening, which includes acquisition of a part of a parcel containing an orchard. Specific parcels are identified. 4. Access ramps to the lower shelf areas will be constructed. 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 completeness of the environmental impacts identified in the FEIR. In addition, none of the conditions described in Section 15162 of the CEQA Guidelines, calling for the preparation of a subsequent EIR have occurred. Therefore, an Addendum to the FEIR is appropriate to address some changes or additions to the previously certified FEIR. Upon Board approval, the Addendum would be attached to the FEIR for the Marsh Creek Watershed Regional Drainage Plan. IV. CONSEQUENCES OF NEGATIVE ACTION: Without approval of the Addendum to the FEIR, proposed improvements could not be provided. i ADDENDUM to the FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) for the MARSH CREEK WATERSHED REGIONAL DRAINAGE PLAN (MARSH CREEK BETWEEN SAND AND DRY CREEKS) CP# 88-69 S C H# 90030280 CP# 96-64 PREFACE The Draft and Final Environmental Impact Report (DEIR and FEIR, respectively), evaluated the proposed project that involves the construction of regional flood control improvements in the Marsh Creek channel in the Brentwood area of Contra Costa County. This document serves as an Addendum to the FEIR for the Marsh Creek Watershed Regional Drainage Plan (CP# 88-69; SCH# 90030280). Consequently, the FEIR for the project consists of the DEIR, comments received on the DEIR, and responses to the comments raised, and this Addendum. The Contra Costa County Community Development Department (CDD) is the lead agency for the project, and on, August 28, 1990 filed a Notice of Determination with the County Clerk. CEQA PROCESS 6 The California Environmental Quality Act (CEQA) prescribes that an Addendum (CEQA Guidelines Section 15164) to a previously certified environmental impact report (EIR) shall be prepared by either the lead agency or the responsible agency if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 have occurred: 1. No substantial changes are proposed in the project which will require major revisions of the previous EIR . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. No substantial changes with respect to the circumstances under which the project is undertaken which require major revisions of the previous EIR . . . due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; or 1 3. No new information of substantial importance shows that the project will have one or more significant effects not previously discussed, nor will mitigation measures or project alternatives previously examined be substantially more severe than previously shown. In addition, there is no new information showing that mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, and there is no such new information suggesting that new mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment. In accordance with CEQA Guidelines Section 15164(d), the Board shall consider this Addendum along with the FEIR prior to making a decision on the project. According to CEQA Guidelines Section 15164 (c) an Addendum does not require circulation for public review but can be included in or attached to the FEIR. As noted in the Preface, this Addendum is attached to the FEIR for the Marsh Creek Watershed Regional Drainage Plan (CP# 88-69; SCH# 90030280). EXPLANATION OF THE ADDENDUM This Addendum to the FEIR for the Marsh Creek Watershed Regional Drainage Plan identifies some changes to the project description, environmental inventory and analysis, and CEQA required assessment sections of the EIR. The changes are as follows: A. PROJECT DESCRIPTION The design changes or additions consist of the following: 1. A new culvert will be installed next to the existing culvert at Dainty Avenue to provide greater flow capacity under Dainty Avenue. 2. A retaining wall will be constructed along part of the channel next to Central Boulevard due to inadequate right-of-way. 3. Additional right-of-way is needed for creek widening, which includes acquisition of a part of a parcel containing an orchard. Specific parcels are identified. 4. Access ramps to the lower shelf areas will be constructed. B. ENVIRONMENTAL INVENTORY AND ANALYSIS Within the Biotic Resources section, the following subsections require updating: Setting - Special Status Species; Environmental Analysis - Vegetation and Wildlife. 1. Intermittent plantings will not be provided along the Sand Creek to Valley Green Drive reach of Marsh Creek channel as stated on page 62 of the EIR. Revegetation of exposed slopes and portions of rock slope protection (rsp) ( rsp will be backfilled with earth to fill in voids above the Q 10 level) will occur with native species of grasses and wildflowers.. 2 2. Since the EIR was prepared, the status of the California red-legged frog was upgraded to a threatened species and its presence or absence must be determined before project initiation. 3. Impacts to vegetation and wildlife due to addition of the retaining wall, access ramps and, and the second culvert must be determined. The Visual Quality section requires updating. I. The proposed retaining wall to be constructed along part of Central Boulevard was not analyzed for visual impacts. This 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 FEIR. Therefore, this Addendum to the FEIR is appropriate. ADDITION TO THE FEIR This section identifies the language which is added/or changed (bold face type) or deleted (strikeout) to the text and figures of the FEIR. p,6, 4th para., after 2nd sentence: To facilitate creek widening and relocation of the low-flow channel, adjoining parcels will need to be acquired. The locations of these parcels are shown on Figures 9a-c. p. 22, 1 st para., after 6th sentence: A retaining wall is proposed along part of Central Boulevard due to right-of-way constraints. Access ramps to the lower shelf areas will be constructed. A new culvert will be installed next to the existing one on Dainty Avenue to provide greater flow capacity and minimize flooding to the surrounding area. 2nd para., 2nd sentence: The excavated material will be hauled off site to an upland location. . p. 23, Figure 9: Add Figures 9a-c. p. 52, g: use of reve#frient rock slope protection (rsp) where high water velocities are anticipated to prevent erosion, (e.g., sttch as-the-outfall pipes, channel curves, slopes, low flows, access ramps, and bridge abutments). p. 59, 2nd para., 1 st sentence: The California red-legged frog is listed as a candidate ta..a fo'r fedefat threatened listing species on the federal list. 3 J p. 60, 3rd para., 1 st sentence: Field surveys of the project vicinity were conducted on 14 April, 25 May, 7 July, and 12 October 1989, and 3 April 1996. p. 65, 3rd para., 3rd sentence: At minimum, the plan should: a) incorporate a low flow channel into the Sand Creek and Deer Creek detention basins to permit the reestablishment of riparian vegetation such as narrow-leaved cat-tail, bulrush and arroyo willow; and b) include intermittent plantings of native tree and shrub species along the 7000 foot reach of marsh 61-1-ft U I L 10 Fif upuOud 10f modificattarr where there are impacts to riparian vegetation. In locations covered with grasses, all exposed earthen and some rsp areas (rsp will be backfilled with earth to fill in the voids above the Q 10 level) will be seeded with a mix of native grasses and wildflowers. p. 66, 2nd para., 2nd sentence: Reestablishment of riparian vegetation and intermittent landscaping, where removed, with native species would serve to replace wildlife movement corridors and possibly enhance existing wildlife habitat. In areas covered with grasses, all exposed earthen areas will be seeded allowing for reestablishment of this type of habitat. Constructing an approximately 300-linear foot retaining wall along a part of a 7000-linear foot reach of Marsh Creek will not significantly reduce wildlife habitat. The wall preserves the valley oaks on the opposite bank. p. 68, 4th para., 2nd sentence: All of the excavated material will either be used in the construction of levees, or will be placed as fill on the project sites, either within the existing boundaries of the sites or within adjacent areas which are proposed to be acquired as additional right-of-way, or hauled to an off-site upland location. Thus, no some traffic may be generated for the purpose of transporting excavated material from the sites. p. 71, 2nd para., 4th sentence Although project traffic could involve up to approximately 100 or 200 to 400 truck round trips for some of the sites, this level of traffic generation would be a relatively minor addition to the overall traffic being generated by the construction of numerous subdivisions and associated roadway and utility improvements. The anticipated number of truck trips for the Marsh Creek channel improvements will not significantly impact the roadway, (pers. comm. Kevin Emigh). p. 95, after 4th sentence: Portions of the approximately 300-linear foot retaining wall along a part of a 7000-linear foot reach of Marsh Creek 4 may be visible from Central Boulevard and Dainty Avenue. The retaining wall is approximately seven feet high at the highest point and at the same elevation as the service road which is located below the top-of-bank. The second culvert under Dainty Avenue may be visible from the street. p. 95, add a 4th para: See also the mitigation measure for vegetation on page 4 of this Addendum (changes to p. 65, 3rd paragraph, 3rd sentence). p. 108, after Ms. Jeurel Singleton Mr. Kevin Emigh, Contra Costa County Public Works Department, Engineer, October 15, 1996. 5 J CONTRA COSTA COUNTY ADDENDUM FINDINGS .for the FINAL ENVIRONMENTAL IMPACT REPORT forthe MARSH CREEK WATERSHED REGIONAL DRAINAGE PLAN PROJECT MARSH CREEK BETWEEN SAND AND DRY CREEKS The following information is presented to comply with Section 15091 and 15164(e) of the CEQA Guidelines for the FEIR for the Marsh Creek Watershed Regional Drainage Plan, (Marsh Creek Improvements between Sand and Dry Creeks). Environmental Effect: Modifications to the project, as described in the Addendum are not substantial changes to the project and will not result in any additional environmental effect not previously discussed. Findings: There are no significant environmental impacts associated with the changes or additions for the proposed activity for which this Addendum was prepared. The modifications to the project include localized solutions. For example, requiring work to be performed on one side of the channel results in the removal of less vegetation than the previous plan; thus, the changed project is more sensitive to the environment and lessens the environmental effect. Constructing a retaining wall along a part of Marsh Creek rather than obtaining additional right-of- way to widen the creek eliminates the possibility of displacing a day care facility which has social and economic considerations. In addition, the retaining wall will not result in a negative visual impact because it is below the top-of-bank. Wildlife habitat is also not significantly affected by the retaining wall because it affects only 300-linear feet of grassland habitat out of the 7000-linear foot reach of Marsh Creek. The retaining wall also preserves the two valley oaks on the east bank. These measures are consistent with the mitigation measures discussed in the FEIR. The Bailey property is an approximately nine acre residentially zoned parcel consisting of walnut trees. The portion needed for right-of-way is approximately one-half acre or 6 percent of the total parcel size which does not represent a significant environmental impact to an agricultural resource. The project includes seeding of all exposed earthen areas, including the access ramps to maintenance roads, so a negative visual impact is avoided. Installing a new culvert to provide greater flow capacity will minimize potential flooding. Statement of Facts: a. The project to be developed pursuant to this Addendum to the FEIR for the Marsh Creek Regional Drainage Plan, (Marsh Creek between Sand and Dry Creeks) is substantially similar to the project analyzed in the FEIR. b. The FEIR for the Marsh Creek Regional Drainage Plan, (Marsh Creek between Sand and Dry Creeks) consists of the DEIR, comments received on the DEIR, responses to the comments 6 raised, and this Addendum. The FEIR was completed in compliance with CEQA. c. There are no substantial changes, pursuant to CEQA Guidelines Section 15162 (a)(1), in the project which require major revisions of the FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The project is substantially similar to the project analyzed in the FEIR. d. There are no substantial changes with respect to the circumstances, pursuant to CEQA Guidelines Section 15162 (a)(2), under which the Marsh Creek Regional Drainage Plan, (Marsh Creek between Sand and Dry Creeks) is undertaken which require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in .the severity of previously identified significant effects. Those circumstances remain substantially similar to the circumstances analyzed in the FEIR. e. There is no new information of substantial importance, pursuant to CEQA Guidelines Section 15162 (a)(3), which shows that the project will have one or more significant effects not previously discussed, nor will mitigation measures or project alternatives previously examined be substantially more severe than previously shown. In addition, there is no new information showing that mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, and there is no such new information suggesting that new mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment. f. 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 this Addendum to the FEIR to make some changes or additions to the Project Description and the Environmental Inventory and Analysis sections (CEQA Guidelines 15164). This Addendum shall be considered along with the FEIR prior to the Board making a decision on the changes or additions to the project, and in considering the changes or additions, the Board is considering the identical or substantially similar underlying project. The findings are supported by substantial evidence in the administrative record and are based on the FEIR for the Marsh Creek Regional Drainage Plan, (Marsh Creek between Sand and Dry Creeks) which was subject to public review. In accordance with CEQA Guidelines Section 15164(d), the County Board of Supervisors shall consider this Addendum along with the FEIR prior to making a decision on the project. According to CEQA Guidelines Section 15164 (c) an Addendum does not require circulation for public review but can be included in or attached to the FEIR. As noted in the Preface, this Addendum is attached to the FEIR for the Marsh Creek Regional Drainage Plan, (Marsh Creek between Sand and Dry Creeks) (CP# 88-69; SCH # 90030280). 7 • CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location: Addendum to the Final Environmental Impact Report (FEIR) for the Marsh rCreek Watershed Regional Drainage Plan (Marsh Creek Between Sand and Dry Creeks). The project is.located along Marsh Creek from the confluence of Sand Creek to just upstream of Valley Green Drive in the Brentwood area. Project Proponent: Contra Costa County Flood Control_ District 255 Glacier Drive Martinez, CA 94553-4897 Project Description: The project consists of widening the creek and relocating the low flow channel. The Addendum identifies some changes to the project description identified in the Final Environmental Impact Report (FEIR) for the Marsh Creek Watershed Regional Drainage Plan (Marsh Creek Between Sand and Dry Creeks), March 1990. The design changes or additions consist of the following: 1.) A new culvert will be installed next to the existing culvert at Dainty Avenue to provide greater flow capacity under Dainty Avenue, 2.) A retaining wall will be constructed along part of the channel next to Central Boulevard due to inadequate right-of-way, 3.) Additional right-of-way is needed for creek widening, which includes acquisition of a part of a parcel containing an orchard, 4.) Access ramps to the lower shelf areas will be constructed. Findings of Exemption: An Addendum to the FEIR was prepared and the potential for adverse impacts was evaluated. Considering the record as a whole, there is no evidence that the proposed project will have a potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based on substantial evidence, the County of Contra Costa rebuts the presumption of adverse effect as listed at subsection (d) of Section 753.5 of the Fish and Game Code. Certification: 1 hereby certify that the lead agency has made the above findings of fact and that based upon the Addendum to the FEIR, the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. a tanner (Chief Planning Official) Public Works Department Title: iff-4iL Lead Agency: County of Contra Costa Date: `1 I'O VG Jef h:marshaMdeminims.