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Alameda Creek Alliance

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Alameda Creek Alliance Approved a~ to Fom1 DONNA R. ZIE<rLER, County Counsel By .. ~ -- Dcpul~ TITE !JOARn OF SUPf.RVlSORS OF TflE ALAMEDA COU~'TY FL~&N ·m.ot Al't'D WATER CONSl:.R V ATION DJSl'RJCT RESOLUTION NUMBER: R- 201 6-375 RESOLUTION ADOPTING A MITlGATED NEGATTVE DECLARATION AND APPROVING JOINT flSllPAS&\Gl-! FAOLlTY IMPROVEMENT PRQRCT WHl:.R.l:AS. the Alameda County Flood C-0ntrol and Wat.er Conservation Ois1rict (Di!\tricl) entered into a ~cmorandum of Understanding on a joint effort to insrnll a fish passage focility in Alan)Cda Creek over BART bridge footing SUflPOTt structure and 1.tdjaccm 10 an AC\\'D-owned inflatable rubber dam concrete support structure (ROI) used for ACWO w~ter supply and groundwater rechnrge operations in the City of Fremont. Alruru.'da County, Califomia; and WIJEREAS, the District and ACWD's n.-spcctivc ~1xmsibili1ics for the fish passage facility preliminary and fmal dcs11,.rn arc identified lUJder the ~iMing agr~lCrll ffC-18 61 entered into in 20<)7 and subsequently amended on July 31, 2012 and July l ::?. 2016. an<! subject to future agreement regarding; cost-sharing. long-tcnn lnanagement, maintenance and flows needed to assure the CC'nsmtcted fish passage facility functions as designed: and Whereas. Alameda Creek is a U.S. Amly Corps Qf F.nginecrs Civil Works. PrQiccl. nn<l may t>e su~,iect lo NEPA Environmental Asscssmcnt:'PONSI. pursuant to 3' US(' 40X, for any alterations: nnci WHI:Rf:.AS. nn Initial Study'Mitigatcd ~cgati,-e Dcclar.11icm Environmental ,\c:scs;smcnt i'FO~Sl (Mitii:.r.i.tcd ~ega.tivc r>cclarali<'n) of cnvi{'('Otn.:ntal impact for said impruvC'mcnt W~h prepared joimly by the Di~11ict aud ACWD in ac;cordancc \\ ith the C'nlifomi11 13nvimrnncmal Q1,1;il ity Act (C."'bQA) and Nutional Environmental Plllicy Act (NEPJ\) and County Gttidelines for the project's implementation: and WI ll:: REAS, the ~itigatcd Negative Declaration includes impact :woidnnct measures 10 cnsun: said project would nCll reintl1 in signilicant adverse impactf: on the environment: and WI lliRf.AS. the Initial Study and the draft Mitigatod Negutivc l)cclnrotion was initinlly cfrculated for a 30-day public review cndins! on April 28. 2013; and \\ilrEREAS, following the initial adoption of the draft Mitigated Ncgati,·c Declaration by the ACWO Uoard of Directors on August &, 2013. the projcc1 was modified and the Mitigated ?\cgath-e Declaration fun.her revised to reflect tbose nl<ldifications: WHEREAS. the Mitigated Ncgn1ivc Declaration wAA subsequemty recirculated from October ~. 2016 through November 3. 2016. and responses were prepared to written comments received during the conuncm ,period: and WHEREAS. thh; Board has considered said Miflgnred Negati-..e Declaration and all documents received during public review: and W11EREAS. ()ll the basi$ of the whole m..~rd before it (including the Initial Study, comments received on th~· Initial Study. 11nd l'C'lp<m~·s lo those comments) tht'rC is no substanl ial evidence lhat the prC1jecL with mitigation measures included. will ha"c a significant adverse effect on Lhe environment. and the Mitigated Negative Declaration reflects the Dii.drict Environmental Services Manager's independent judgment and analysis; and !\OW, THEREFORE, BE IT RESOLVED that this &ard hereby finds on the basis of the whole record that the pn~icct will have no significant adverse impact on the environment as dt"SCribed in said Mitigated Negative Declaration: and BE ff flJRTJ-JER Rf:SOL VEO that this Board hereby finds that the Mitiga1 cd Negative Declaration reflccrs the District's indCJlt.mdcnt judgment and analysis as co-lead agency. based upon documents and other materials retained by lhc District EngiTIC'-'r at the District· s Office located at 399 hlmhun.t Street. Hayward. CA 94544; and BE IT fURTIIER RESOLVED that this Board does hereby adopt said Mitigated Negative l)eclaration/fioding of No effect; and BE IT FURTHER RESOLVED that this Board doc."S bc.'l"Cby adopts said mitigation Monitoring Measures described in the Mitigated Neg-.itivc Dcclaratk'n; and BE rr FURTHER RESOL Va> chat the Board appro\'CS the ~cct as described in the said Mirjgatcd Negative Declaration: and B£ ff PURTJJER RESOLVED that the approvals descrihed h<.'fcin ;iro contingent on 1he adoplil"D of the ~1iti~ated Negative Declaration by J\CWO_ which is co-t~d agency. THE FOREGOING was PASSED and ADOPTED by a majority vote of the Alameda County Board of Supervisors this 6th day of December, 2016, to wit: AYES: Supervisors Carson, Miley, Valle & Chan - 4 NOES: None EXCUSED: President Haggerty PRESIDENT, BOARD OF SUPERVISORS Fi le: 29859 ~~~~~___;;;~~~~~~- Agenda No.._: ___..3_..6 ______ Document No: R-2016-375 --~~-------------~~ I certify that the foregoing is a correct copy of a Resolution adopted by the Board of Supervisors, Alameda County, State of California ATTEST: Clerk, Board of Supervisors By : ~<:::;:::> Deputy v·lageru!a\fonns\resobak.doc Alameda County Water District and Alameda County Flood Control and Water Conservation District Joint Lower Alameda Creek Fish Passage Improvements FINAL Initial Study with Mitigated Negative Declaration/Environmental Assessment with Finding of No Significant Impacts Prepared for Alameda County Water District 43885 South Grimmer Boulevard Fremont, CA 94538 Alameda County Flood Control & Water Conservation District 399 Elmhurst Street Hayward, California 94544-1395 U.S. Army Corps of Engineers San Francisco District 2100 Bridgeway Sausalito, CA 94965 Prepared by Hanson Environmental 446 Green View Court Walnut Creek, CA 94596 December 2016 Mitigated Negative Declaration The ACWD-ACFCD Joint Lower Alameda Creek Fish Passage Improvements (Project) involves: Construction of a new fishway at ACWD’s Rubber Dam 1 and ACFCD’s drop structure Construction of a new fishway at ACWD’s Rubber Dam 3; replacement of the existing Rubber Dam 3 material, equipment and controls with new materials; Replacement of the existing Rubber Dam 1 equipment and controls with new materials; and Construction of a new Shinn diversion and fish screening facility and decommissioning the existing unscreened diversion pipelines Completion of the Project will remove migratory impediments and improve the migratory corridor to allow Central California Coast steelhead and other fish to migrate past the existing facilities between San Francisco Bay and spawning and rearing habitat in the Upper Alameda Creek Watershed; while still maintaining ACWD’s water supply operations at its groundwater recharge facilities and ACFCD’s flood control operations in the reach downstream of Mission Boulevard. In accordance with the California Environmental Quality Act (CEQA), a Draft Initial Study/Mitigated Negative Declaration (2013 Draft IS/MND) was prepared by the District and the County, circulated for public review (SCH #2013032074), and approved and adopted by the District’s Board of Directors in 2013. The County, as co-lead agency, did not adopt the 2013 Draft IS/MND at that time due to the receipt of additional stakeholder comments after the District’s adoption. Since 2013, new regulatory agency requirements have been identified, and refinements to the engineering design and construction schedule of the Project have been made. In response to the additional stakeholder input, and the new requirements and project refinements, the District and the County have revised the 2013 Draft IS/MND and recirculated a subsequent document in accordance with CEQA. The subsequent draft IS/MND (2016 Draft IS/MND) was concurrently provided to the State Clearinghouse and circulated by ACWD for a 30-day review period, which began on October 3, 2016 and concluded on November 3, 2016. A Notice of Intent to Adopt a Mitigated Negative Declaration was also submitted by ACWD to the Alameda County Clerk, notices of the availability of the 2016 Draft IS/MND for public review were also posted at the project site and published in the local newspaper (Tri-City Voice, October 4, 2016; Argus, October 7, 2016). Local residents were notified by ACWD of the proposed project and the opportunity for review and comment. At completion of the state and public review period, seven comment letters were received by ACWD on the 2016 Draft IS/MND (no comment letters were submitted to the Clearinghouse as part of the public review). Two residents expressed support for the project; one resident expressed concern about sediment build-up and flows in the channel being insufficient for Page 1 of 2 Mitigated Negative Declaration fish; the City of Fremont (City) requested to be kept informed regarding construction activities, and that residents and property owners adjacent to the project also receive notification; the US Army Corp of Engineers (Corp) requested additional description of the no-action project be included for NEPA; the Alameda Creek Alliance submitted a letter of support dated October 3, 2016; and the San Francisco Public Utilities Commission (SFPUC) submitted a letter dated November 3, 2016 commenting on surface water losses upstream in the watershed, analysis of impacts of bypass flows on groundwater in the Niles Cone, and charaterization of rates of diverson from Alameda Creek. A copy of the confirmation letter from the State Clearingouse, County Clerk filing, public notices, and written comments received and associated responses are provided in Appendix A of the 2016 Final IS/MND. No new, potentially significant impacts have been identified as a result of the review process. The following Mitigated Negative Declaration in combination with the Final Initial Study and CEQA Checklist, completes the 2016 Final IS/MND. Page 2 of 2 Mitigated Negative Declaration Mitigated Negative Declaration Project Name: ACWD-ACFCD Joint Lower Alameda Creek Fish Passage Improvements State Clearinghouse Number: 2013032074 Project Location: Within Alameda Creek Flood Control Channel, approximately 0.75 miles downstream of I Street, Fremont, CA. Applicant Contact Information: Therese Wooding Alameda County Water District 43885 South Grimmer Blvd.
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