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Program Environmental Impact Report for the Lower Putah Creek Restoration Project – Upper Reach Program

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Program Environmental Impact Report for the Lower Putah Creek Restoration Project – Upper Reach Program FINAL ◦ OCTOBER 2016 SCH # 2015022022 Program Environmental Impact Report for the Lower Putah Creek Restoration Project – Upper Reach Program Comments and Responses Addendum COMMENTS AND RESPONSES TO THE DRAFT EIR A. INTRODUCTION The Draft Program Environmental Impact Report (Draft PEIR) for the Lower Putah Creek Restoration Project, Upper Reach Program Project was prepared and distributed by the Solano County Water Agency (SCWA) on June 1, 2016. Under CEQA guidelines, after completion of the Draft EIR, lead agencies are required to consult with and obtain comments from public agencies having jurisdiction by law over elements of the project, and to provide the general public and applicant’s opportunities to comment on the Draft EIR. The lead agency also is required to respond to substantive comments on environmental issues raised in this review and consultation process. The Solano County Water Agency, as lead agency on this project, held a 45-day review period for the Draft EIR from June 1 to July 22, 2016. Letters received through July 22 have been included in this document. A public hearing on the Draft EIR was held on June 28, 2016. Comments received at that hearing are summarized in this Response to Comment, but are not directly responded to; commenters at the hearing were directed to submit comments in writing for formal response. This Comments and Responses addendum to the DEIR has been prepared to respond to comments on the Draft PEIR received from the public and concerned agencies during the formal public review period. This Comments and Responses document, along with the Draft PEIR, constitute the Final EIR for the Program. Section B, below, presents written comments received during the 45-day public review period, as well as responses to these comments. Individual comments are numbered on each comment letter and minutes of the public hearing, and corresponding responses are presented by number on the pages directly following each letter. Due to the extensive changes in the Project Description and Biological Resource sections, for ease of reference those revised sections are provided in “track change” format as Appendices A and B to this document. 1 B. COMMENTS AND RESPONSES Written Comments and Responses Comments received and the EIR’s responses are identified by page number below. Commenter Comment Comment Response Date Page Page PubliC AgenCies A. State of California, Governor’s office of Planning July 25, 2016 4 6 and Research, State Clearinghouse and Planning Unit B. Central Valley Flood Protection Board June 22, 2016 6 9 C. Central Valley Regional Water Quality Control July 15, 2016 10 16 Board D. Delta Stewardship Council July 19, 2016 17 22 E. California Department of Transportation July 22, 2016 28 31 Organizations F. California Native Plant Society, Sacramento July 20, 2016 32 36 Valley Chapter G. Winter Friends of Putah Creek (Jeff TenPas) July 22, 2016 44 53 Individuals H. Carrie Shaw July 20, 2016 63 64 I. Alan Pryor July 21, 2016 66 73 J. Maura Metz July 19, 2016 79 83 K. Glen Holstein, PhD undated 89 97 L. David Springer July 21, 2016 117 120 M. Roderick Lee Macdonald July 21, 2016 125 161 N. Richard Bruga, D.V.M July 21, 2016 166 167 2 O. Cherie Rita July 21, 2016 168 169 P. Russell E. White July 21, 2016 170 171 Q. Jim and Jo Yaeger July 22, 2016 172 173 R. Joann L. Larkey July 16, 2016 174 176 PubliC Hearing Comments Summary June 28, 2016 177 N/A Revised Project DesCription Revised BiologiCal ResourCes SeCtion Revised Appendix E 3 A. State of California, Governor’s Office of Planning and Research, State Clearinghouse and Planning Unit, July 25, 2016 (2 pages) 4 A 1 A. Responses to State of California, Governor’s Office of Planning and Research, State Clearinghouse and Planning Unit, July 25, 2016 Letter A-1. The State Clearinghouse’s acknowledgment is noted. Specific comments from State agencies are responded to in this document. 6 B. Central Valley Flood Protection Board, June 22, 2016 Letter (2 pages) 7 B 1 2 B. Responses to Central Valley Flood Protection Board, June 22, 2016 Letter B-1. Comment noted. Any required Central Valley Flood Protection Board permits would be obtained by SCWA prior to construction of any stream restoration or enhancement projects under this Program. B-2. Comment noted. SCWA would obtain any required U.S Army Corps of Engineers permits prior to construction of any stream restoration or enhancement projects under this Program. 9 C. Central Valley Regional Water Quality Control Board, July 15, 2016 letter (6 pages) 10 C 1 1 (cont.) 2 3 3 (cont.) 4 5 6 6 (cont.) 7 8 9 9 (cont.) 10 11 11 (cont.) C. Responses to Central Valley Regional Water Quality Control Board, July 15, 2016 Letter C-1. Comment noted. The Basin Plan standards and beneficial uses are described in Section 3.2, Water Quality, in the Draft PEIR. C-2. Comment noted. The SWRCB’s Anti-degradation Policy is noted. Potential project-related degradation of water quality is discussed in Section 3.2, Water Quality, of the Draft PEIR. C-3. Comment noted. The requirements of the CVRWQCB’s General Construction Stormwater Permit are discussed on p. 3.2-10 of the Draft PEIR. C-4. Comment noted. The Program does not propose any new development requiring new municipal storm sewers. C-5. Comment noted. The Program does not propose any industrial stormwater generation. C-6. Comment noted. Federal Clean Water Act Section 404 and 401 permit requirements are discussed on pp. 3.2-7 and 3.2-8 of the Draft PEIR. All required permits would be obtained prior to construction of any of the individual restoration or enhancement projects under the Program. C-7. Comment noted, See response to Comment C-6, above. C-8. Waste Discharge requirements for Waters of the State are noted. C-9. Dewatering permit requirements are noted. C-10. Comment noted. The Program does not propose any commercially irrigated agriculture. C-11. Comment noted. See response to comment C-9. 16 D. Delta Stewardship Council, July 19, 2016 Letter (5 pages) 17 D 1 1 (cont.) 2 3 3 (cont.) 4 5 6 7 8 9 9 (cont.) 10 D. Responses to Delta Stewardship Council, July 19, 2016 Letter D-1. SCWA deems actions proposed in Road 106A to YBWA reach and downstream portions of Mace Rd to 106A reach to be consistent with the Delta Plan. Individual projects in these reaches would be planned and designed to comply with relevant Delta Plan policies. D-2. Chapter 1, Section 1.4.1 Anticipated Permits and Approvals for Program Implementation, has been revised to include: Delta Plan Consistency Determination D-3. Restoration actions in the Mace Road to Road 106A project reach, a portion of which falls within the Legal Delta, and the Road 106A to YBWA project reach, which lies entirely within the Legal Delta, would be planned and designed in accordance with relevant Delta Plan policies. Chapter 2, Project Description has been revised as follows: The following Section: 2.5 Monitoring and Adaptive Management has been added to describe the components and process for monitoring and implementation of adaptive management plans for individual projects implemented under the Program: “MONITORING and Adaptive Management Immediately following construction of each project implemented under the Program, monitoring would commence. Monitoring would be performed for a period of at least five years and may be extended if contingency measures are required beyond the third year, and/or if the final success criteria are not met at the end of five years. In this event, monitoring would continue until such time as all disturbed areas and restoration plantings are established and the long-term viability of the target replacement habitat is assured, as determined in consultation with the permitting agencies. Monitoring Methods Monitoring shall be performed by a qualified biologist, horticulturist, or ecologist with appropriate credentials and demonstrated experience in native habitat restoration. The project monitor shall provide oversight of maintenance operations to ensure high quality project maintenance, which conforms to standards established in the restoration plan for each individual project, and to immediately address any unanticipated problems. The monitor shall be in direct contact with SCWA/LPCCC, via regular telephone reports of maintenance activities and periodic site visits. Recording of As-Built Conditions Accurate plans shall be prepared depicting the finished grades, locations of any grade control or hydraulic structures, erosion control measures, and species, quantities and locations of all planted materials. Methods of construction and planting, as well as any significant problems or unexpected conditions encountered, shall also be recorded. As-built plans shall include surveyed cross-sections of the restored creek channel. Cross-section locations shall be permanently marked in the field. 22 Permanent photo stations shall be established and depicted on the as-built plans. Baseline information shall be incorporated into a written report describing the as-built status of the restoration project, and submitted with the as-built drawings to the permitting agencies within 6 weeks of completion of construction activities. Monitoring Schedule Monitoring visits shall be conducted monthly for the first year and at least quarterly thereafter, as determined necessary by the relative success of the project plantings in the first year. Monitoring Protocol During the monitoring visits, detailed records shall be made of the conditions existing at the restoration site. In order to maintain continuity and ensure comparable assessments, standardized data sheets shall be used to record monitoring data. A copy of the as-built planting plan shall be attached to the data sheets for each monitoring visit, so that monitoring data and observations may be tied to exact locations on the restoration site.
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