Agenda Item Wording:
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Environmental Determination - Adopt Resolution No. 2024-63 adopting Mitigated Negative Declaration No. 2024-56 prepared for the California Department of Water Resources, Sustainable Groundwater Management Act Implementation Grant, Cameron Creek Linear Recharge Project (Resolution No. 2024-63 required).
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Deadline for Action: 11/18/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Rebecca Keenan, Senior Civil Engineer, (559) 713-4541, rebecca.keenan@visalia.city <mailto:rebecca.keenan@visalia.city>
Jason Huckleberry, Engineering & Building Director, (559) 713-4495, jason.huckleberry@visalia.city <mailto:jason.huckleberry@visalia.city%20@visalia.city>
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the City Council adopt Resolution No. 2024-63 adopting Mitigated Negative Declaration No. 2024-56 prepared for the California Department of Water Resources, Sustainable Groundwater Management Act (SGMA) Implementation Grant, Cameron Creek Linear Recharge Project (State Clearinghouse No. 2024100447).
Background Discussion:
On February 7, 2022, the City Council adopted Resolution 2022-06 authorizing the Greater Kaweah Groundwater Sustainability Agency to submit a grant application on behalf of the City of Visalia for the Cameron Creek Linear Recharge Project. The California Department of Water Resources (DWR) administers the Sustainable Groundwater Management Act (SGMA) grant program with funds authorized under the California Budget Act of 2021 and Proposition 68. Projects are intended to address groundwater investments and drought to achieve regional sustainability investments in groundwater recharge projects and other conjunctive use projects. The Cameron Creek Linear Recharge Project was awarded a grant by DWR in the amount of $2,000,000.00.
The project goal is to increase groundwater recharge through linear water pools that will infiltrate over time to recharge the groundwater. The goal will be achieved through the construction of three (3) reinforced concrete check structure facilities within Cameron Creek (or “Creek”), all located outside of City limits but within the City’s Urban Growth Boundary. The section of the creek to be utilized starts near where the creek diverts from Tulare Irrigation District’s (TID) main intake canal east of Road 156, with the end location northeast of the Lovers Lane and Caldwell Avenue intersection. The check structures would be equipped with automatic gates capable of passing high flows (250 cubic feet per second) while maintaining high water levels in the channel, making the creek a linear recharge basin.
The grant agreement requires that the project obtain California Environmental Quality Act (CEQA) compliance, and that a copy of the final CEQA documentation be submitted to the DWR Grant Manager. To meet this requirement, the City of Visalia hired Provost & Pritchard Consulting Group to prepare the required documents. The “Cameron Creek Linear Recharge Project, Draft Initial Study/Mitigated Negative Declaration” was circulated for comment and submitted to the State Clearinghouse on October 11, 2024. During the 30-day comment period, staff received the following comments:
• An inquiry from the Department of Water Resources - Division of Dam Safety as they reviewed the project to make a jurisdictional determination. After their initial inquiry, the Division of Dam Safety provided a follow up email dated October 25, 2024, and determined that the project is not subject to their jurisdictional review.
• San Joaquin Valley Air Pollution Control District letter dated, October 30th, 2024. This letter recommends the use of clean off-road construction equipment. The letter also listed some of the District Rules that may be applicable to the project. A copy of the letter is attached to this report.
An additional letter of comment was received via email, on November 13th, 2024, after the 30-day comment period expired on November 12, 2024:
• The California Department of Fish & Wildlife (CDFW) submitted a letter regarding wildlife, permitting, and other recommendations & suggestions. A copy of the letter is attached to this report.
Copies of the Final Initial Study / Mitigated Negative Declaration No. 2024-56, comment letters, and Response to Comments are attached to this staff report. There were two revisions to the Mitigations, Monitoring, and Reporting Program (MMRP) in the Final IS/MND. The revisions are to add a mitigation measure related to consultation in the event a Swainson’s Hawk (SWHA) nest cannot be appropriately avoided; and the other added mitigation measure is related to the Burrowing Owl’s (BUOW) new status.
To complete the environmental review process for the Sustainable Groundwater Management Act (SGMA) Implementation Grant, a Notice of Determination (NOD) needs to be filed with the Tulare County Clerk’s Office. In order to file the NOD, the City Council must adopt the Mitigated Negative Declaration prepared for the grant by adopting Resolution No. 2024-63. Upon adoption of the resolution for the Mitigated Negative Declaration, staff will file the NOD with the Tulare Clerk’s Office and the State Clearinghouse.
Fiscal Impact: None.
Prior Council Action:
February 20, 2024
The City Council authorized the City Manager to enter into a contract with Provost & Pritchard for professional consulting services for the Cameron Creek Linear Recharge Project in the amount not to exceed $236,259.00.
June 19, 2023
The City Council accepted and authorized the appropriation of $2,000,000 from the Sustainable Groundwater Management Grant Program for the Cameron Creek Linear Recharge Project and appropriated $60,000 for staff indirect costs from the Ground Water Recharge Fund (224).
February 7, 2022
The City Council adopted Resolution 2022-06 authorizing the Greater Kaweah Groundwater Sustainability Agency (GKGSA) to submit a grant application on behalf of the City of Visalia to the California Department of Water Resources (DWR) for the Sustainable Groundwater Management Act (SGMA) Call for Projects.
Recommended Motion (and Alternative Motions if expected):
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I move to adopt Resolution No. 2024-63 adopting Mitigated Negative Declaration No. 2024-56 prepared for the California Department of Water Resources, Sustainable Groundwater Management Act (SGMA) Implementation Grant, Cameron Creek Linear Recharge Project.
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Environmental Assessment Status:
An Initial Study was prepared for the Sustainable Groundwater Management Act (SGMA) Implementation Grant, Cameron Creek Linear Recharge Project. Initial Study No. 2024-56 disclosed that environmental impacts are determined to be not significant with the incorporation of mitigation to address significant impacts to cultural resources.
CEQA Review: Initial Study / Mitigated Negative Declaration No. 2024-56 has been prepared for this project.
Attachments:
1. Resolution No. 2024-63 adopting Mitigated Negative Declaration No. 2024-56 for the Cameron Creek Linear Recharge Project.
2. Final Initial Study/Mitigated Negative Declaration No. 2024-56
3. Location map
4. Received comments
5. Response to Comments