REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
March 10, 2020
FROM
BRENDON BIGGS, Interim Chief Flood Control Engineer, Flood Control District
SUBJECT
Title v
Lenwood Flood Control Drainage System Maintenance and Improvement Project - Initial Environmental Study with Mitigated Negative Declaration
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Flood Control District (District):
1. Adopt the Mitigated Negative Declaration and Notice of Determination for the District’s proposed Lenwood Flood Control Drainage System Maintenance and Improvement Project (Project).
2. Adopt the Mitigation Monitoring and Reporting Program (MMRP) for the Project.
3. Approve the Project as defined in the Initial Study/Mitigated Negative Declaration.
4. Direct the Clerk of the Board to file the Notice of Determination for the Project.
(Presenter: Brendon Biggs, Interim Chief Flood Control Engineer, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The District is funded by property taxes, fees, and other local, state, and federal funding. The estimated filing fees for the Project Initial Study/Mitigated Negative Declaration, including both state and local fees, are $2,457. Sufficient appropriation and revenue have been included in the District’s 2019-20 budget (1940002532 WinCAMS Nos. 974602-2A and F02569 - 50% split).
BACKGROUND INFORMATION
The Lenwood drainage system is located in Lenwood, CA and is maintained as needed when large storms occur. The system consists of multiple facilities including a channel, a spillway feature and large spreading grounds. The spillway conveys flows from the spreading grounds into a channel that terminates at the Mojave River.
In August 2014, the Lenwood drainage system sustained significant damage due to a major storm event. Operations staff repaired the immediate damage as engineering staff designed a more comprehensive long-term solution.
The Project consists of maintenance activities and minor improvements to the damaged facilities. The Project encompasses approximately 220 acres and consists primarily of maintenance activities, with some proposed rock slope improvements to reduce erosion potential. The routine maintenance activities include the removal of built-up sediment, slope repair, access road maintenance, vegetation management, and replacement of the spillway.
In 2016, the District’s Environmental Management Division (EMD) staff began preparing an environmental document in accordance with the California Environmental Quality Act (CEQA) for a more comprehensive maintenance effort within the drainage system. The District is proposing a comprehensive clean-out of the system, which requires both CEQA compliance and Federal and State regulatory permits from the U.S. Army Corps of Engineers, Lahontan Regional Water Quality Control Board, and the California Department of Fish and Wildlife.
CEQA Guidelines require that an environmental document be prepared, circulated for public review and comment, and adopted by the Board of Supervisors (Board) prior to the Board’s approval of the Project and filing of a Notice of Determination (NOD). Earlier in the environmental review process, District staff determined that the appropriate environmental document to prepare for the proposed Project would be an Initial Study /Mitigated Negative Declaration (IS/MND).
In 2017, as the CEQA document was being prepared, the District began early consultation with Federal and State regulatory agency staff in preparation for required permit submittals. In the spring of 2017, the District conducted additional biological surveys to determine presence of protected state species as requested by the California Department of Fish and Wildlife. In 2018, improvements to a larger spillway structure was in the early stages of design; after the spillway design was completed the draft environmental document was finalized.
On May 7, 2019, a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration for the Project was published in the Desert Dispatch. As part of the public review process, copies of the IS/MND were circulated to adjacent property owners and applicable responsible and trustee agencies, including the Office of Planning and Research, State Clearinghouse (No. 201810001). The deadline to submit comments was June 8, 2019. Three comment letters were received and are addressed in Appendix C of the IS/MND. The final IS/MND addresses the public comments received. The final IS/MND also clarifies mitigation acreage inconsistencies found between the draft IS/MND and its Appendix A, the Biological Resources Report. It has been determined that the clarifications contained in the final environmental document do not meet the definition of “substantial revision” under Section 15073 of the CEQA Guidelines and therefore recirculation of the document is not required.
By adopting the Mitigated Negative Declaration pursuant to CEQA, the Board is finding that the Project will not have a significant effect on the environment after implementation of the mitigation measures identified in IS/MND. The purpose of the aforementioned document is to disclose and incorporate mitigation measures to avoid any potentially significant effects to the environment resulting from the proposed Project. Mitigation measures incorporated include, but are not limited to, implementing construction Best Management Practices (BMPs) such as the use of dust suppressants and clear water diversion structures to protect air and water quality, installing desert tortoise fencing and providing compensatory mitigation land to offset impacts to the desert tortoise species, and biological monitoring.
Following Board approval of the IS/MND and filing of the Notice of Determination, the District will begin pursuing receipt of Federal and State regulatory permits required to implement the Project.
The proposed Project meets the District and Chief Executive Officer’s goals and objectives of providing for the health and safety needs of County residents by constructing flood control and groundwater recharge improvements, while working with other agencies to minimize and mitigate for related environmental impacts.
Staff recommends that the Board adopt findings that the construction and maintenance of the Project will not have a significant effect on the environment after the implementation of mitigation measures under the CEQA Guidelines; adopt the Mitigation Monitoring and Reporting Program; and direct the Clerk of the Board to file the Notice of Determination.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Sophie A. Akins, Deputy County Counsel, 387-5455) on February 11, 2020; Finance (Jessica Trillo, Administrative Analyst, 387-4222) on February 18, 2020; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on February 24, 2020.