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Reso 1398 06/2012RESOLUTION NO. 1398 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT CERTIFYING AS COMPLETE AND ADEQUATE THE MITIGATED NEGATIVE DECLARATION FOR THE LINDA VISTA EAST SEWER PROJECT (STATE CLEARINGHOUSE NO. 2012031062) WHEREAS, the Vallecitos Water District ("District") conducted an Initial Study analyzing the potential environmental impacts of the Linda Vista East Sewer Project ("Project") and determined that there will be no significant impacts because of the prescribed mitigation measures which have been incorporated in the Project; and WHEREAS, a Draft Mitigated Negative Declaration was prepared for the Project pursuant to the provisions of the California Environmental Quality Act ("CEQA"); and WHEREAS, the Draft Mitigated Negative Declaration was distributed to responsible and trustee agencies, other public agencies having jurisdiction by law with respect to the Project, to other interested persons and agencies, and to the public for review and comment for a period of thirty (30) days; and WHEREAS, notice of the Draft Mitigated Negative Declaration was distributed and posted in accordance with Sections 21091 and 21092 of the California Public Resources Code; and WHEREAS, five (5) written comments were received from responsible and trustee agencies; WHEREAS, the Mitigated Negative Declaration, has been prepared; WHEREAS, the District has reviewed and considered all of the environmental documentation comprising the Mitigated Negative Declaration, including the five written comments noted above, and has determined that the Mitigated Negative Declaration has been completed in compliance with the provisions of CEQA, the CEQA Guidelines (14 California Code of Regulations Sections 15000 et seq.), and relevant case law; WHEREAS, the District has determined that the Mitigated Negative Declaration adequately addresses the potential environmental impacts of the Project; and, that mitigation measures have been incorporated into the proposed Project which substantially lessen the potentially significant environmental effects of the Project identified in the Mitigated Negative Declaration; and WHEREAS, the District finds that the Project would not result in any significant and unavoidable environmental effects. Resolution No. 1398 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vallecitos Water District as follows: Section 1: The Board of Directors of the Vallecitos Water District does hereby certify the Mitigated Negative Declaration as complete and adequate in that it addresses all of the environmental effects of the proposed project and fully complies with the requirements of CEQA and the CEQA Guidelines. Section 2: The Board of Directors hereby finds that the mitigation measures described in the Mitigated Negative Declaration will mitigate any and all potentially significant adverse effects of the proposed project to a level of insignificance. Section 3: The Board of Directors hereby directs that the General Manager file a Notice of Determination with the San Diego County Clerk and file a Certificate of Fee Exemption with the California Department of Fish and Game. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on this 6th day of June, 2012 by the following roll call vote: AYES: FERGUSON, HERNANDEZ, POLTL, SHELL, GENTRY NOES: ABSTAIN: ABSENT: ATTEST: Dennis O. Lamb, Secretary Board of Directors Vallecitos Water District STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) mkt ( t� Darrell Gentry, President Board of Directors Vallecitos Water District