Stream Maintenance Program Update Final Subsequent Environmental Impact Report Volume 1 SCH #2000102055 Santa Clara Valley Water District December 2011 Final Subsequent Environmental Impact Report Santa Clara Valley Water District Stream Maintenance Program Update 2012–2022 Volume I of II Prepared for: Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118-3686 Contact: Kristen O’Kane 408/265-2607, ext. 2692 Prepared by: Horizon Water and Environment, LLC 1330 Broadway, Suite 424 Oakland, California 94612 Contact: Michael Stevenson 510/986-1852 December 2011 Horizon Water and Environment. 2011 (December). Stream Maintenance Program Update­2012–2022 Final Subsequent Environmental Impact Report. HWE 10.005. Oakland, CA. Santa Clara Valley Water District i December 2011 Stream Maintenance Program Update 2012–2022 Project 10.005 Final Subsequent Environmental Impact Report 1. Introduction Contents 1 Introduction ............................................................................................................................ 1­1 1.1 FSEIR Context ...................................................................................................................................... 1‐1 1.2 Comments on the DSEIR ................................................................................................................... 1‐2 1.3 Organization and Contents of the FSEIR .................................................................................... 1‐3 2 Summary of Public Participation .................................................................................... 2­1 2.1 Notice of Preparation and Public Scoping ................................................................................. 2‐1 2.2 Notice of Availability of the DSEIR and Public Review ......................................................... 2‐1 2.3 Preparation of the FSEIR and Public Hearing .......................................................................... 2‐3 3 Responses to Comments and DSEIR Revisions ........................................................... 3­1 3.1 Comments Introduction .................................................................................................................... 3‐1 3.2 List of Comment Letters Received ................................................................................................ 3‐1 3.3 Comments, Responses to Comments, and DSEIR Revisions .............................................. 3‐2 3.4 Other Revisions to the DSEIR ..................................................................................................... 3‐101 Volume I Appe ndices Appendix A Notice of Completion and Environmental Document Transmittal Appendix B DSEIR/NOA Distribution List Appendix C August 22, 2011 SCVWD Watershed Stewardship Division Letter to the San Francisco Regional Water Quality Control Board Appendix D Joint Aquatic Resource Permit Application Appendix E Inter‐Agency Working Group Meeting Notes Santa Clara Valley Water District ii December 2011 Stream Maintenance Program Update 2012–2022 Project 10.005 Final Subsequent Environmental Impact Report Chapter 1 INTRODUCTION 1.1 FSEIR Context The Stream Maintenance Program (SMP) Update (SMP Update or Proposed Project) has been proposed by the Santa Clara Valley Water District (SCVWD). A Draft Subsequent Environmental Impact Report (DSEIR) for the SMP Update was prepared and distributed for public review on August 8, 2011, by SCVWD, as the lead agency under the California Environmental Quality Act (CEQA). This Final Subsequent Environmental Impact Report (FSEIR) addresses the potential environmental impacts of the proposed SMP Update and approvals necessary to continue carrying out its responsibilities in an environmentally responsible and cost effective manner, to act as the County of Santa Clara’s (County) flood protection agency and the steward for its streams and creeks. The FSEIR is subsequent to the 2002 SCVWD Stream Maintenance program EIR. The Proposed Project would update the 2002 SMP, as necessary, to address new conditions and maintenance needs of SCVWD. The SMP Update (including the 2012 SMP Manual [Appendix A] and this CEQA document) is intended to support permitting for the next 10‐ year planning period beginning in 2012 and ending in 2022. However, the SMP is ongoing, and the time horizon for this FSEIR is indefinite. These SMP Update documents are intended to fully replace the original documents that guided the SMP from its inception through 2012. The 2012 SMP Manual (included as Appendix A in Volume II of this FSEIR) and the contents of the FSEIR are meant to be read as companion documents. The FSEIR references or summarizes information (including figures and tables) presented in the 2012 SMP Manual frequently to avoid repeating information. The reader is encouraged to review the 2012 SMP Manual while reviewing the FSEIR. The overall flood management goals of the SMP Update are to maintain the design flow or appropriate conveyance capacity of SCVWD facilities, and to maintain the structural and functional integrity of SCVWD facilities. To meet these goals, the SMP Update would prioritize and administer maintenance activities to achieve the following objectives: remove sediment to maintain the hydraulic, safety, and habitat functions of the creek systems; manage vegetation to maintain the hydraulic, safety, and habitat functions of the creek systems, and to allow for levee inspections and maintenance access; stabilize beds and banks of creeks and canals to protect existing infrastructure, maintain public safety, reduce sediment loading, protect water quality, and protect habitat values; and avoid, minimize, or mitigate impacts on the environment by incorporating stream stewardship measures into maintenance activities. Santa Clara Valley Water District 1-1 December 2011 Stream Maintenance Program Update 2012–2022 Project 10.005 Final Subsequent Environmental Impact Report 1. Introduction The SMP Update also seeks to obtain and maintain multi‐year programmatic permits to regulate Propo se d Project activities. See Chapter 2, Project Description, of the revised DSEIR (Volume II) for a complete description of the Proposed Project. This document has been prepared pursuant to the requirements of CEQA. Section 15132 of the State CEQA Guidelines state: The Final EIR shall consist of: The draft EIR or a revision of the draft [included as Volume II, the DSEIR as revised ba sed on public comments and other necessary updates] A list of persons, organizations, and public agencies commenting on the DSEIR [included in Section 3.2 of this FSEIR] Comments and recommendations received on the DSEIR, either verbatim or in summary [included in Section 3.3 of this FSEIR] The responses of the Lead Agency [in this case, SCVWD] to significant environmental points raised in the review and consultation process [included in Section 3.3 of this FSEIR] Any other information added by the Lead Agency [in this case, SCVWD] [included in Section 3.4 of this FSEIR] The FSEIR provides the Santa Clara Valley Water District, public, responsible agencies, trustee agencies, and permitting agencies with information about the potential environmental effects associated with the adoption and implementation of the updated SMP. The FSEIR presents the comments received on the DSEIR and responses to these comments. The findings and a statement of overriding considerations are included in the public record but not in the FSEIR. 1.2 Comments on the DSEIR The DSEIR was submitted to the State Clearinghouse for distribution to state agencies and was available to agencies and the public for review and comment for 45 days between August 8 and September 21, 2011. A public meeting was conducted on September 13, 2011 to receive oral and written comments. One member of the public spoke at that meeting. Letters of comment were received from state agencies and commissions; regional/local agencies, municipalities, and districts; organizations; and individuals. 1.3 Organization and Contents of the FSEIR The FSEIR, which consists of two volumes, will be the subject of a hearing to certify the SEIR. Volume I provides: Santa Clara Valley Water District 1-2 December 2011 Stream Maintenance Program Update 2012–2022 Project 10.005 Final Subsequent Environmental Impact Report 1. Introduction Chapter 1, Introduction, presents the FSEIR context and its objectives, summarizes the public review period for the DSEIR, and describes the organization and contents of the FSEIR. Chapter 2, Summary of Public Participation, summarizes the environmental and public review process, pursuant to CEQA. Chapter 3, Responses to Comments and DSEIR Revisions, lists and gives identifiers to agencies, organizations, and members of the public who commented on the DSEIR during the public review process, replicates in full the comment letters received, and gives responses to those comments. Comments within each letter are numbered sequentially. Excerpts of text from the DSEIR that have changed as a result of the comment/response are shown within the response, for ease of reference (in addition to being shown in Volume II). Appendix A presents the Notice of Completion and Environmental Document Transmittal for the DSEIR. Appendix B presents the DSEIR distribution list. Appendix C provides an August 22, 2011 letter from Ann Draper of the SCVWD Watershed Stewardship Division to Shin‐Roei Lee of the San Francisco Regional Water Quality Control Board, which is referenced as an attachment in