Reso 0752-03/1986 RESOLUTION NO. 752
TABLE OF CONTENTS
SECTION 1: Purposes ................... 1
SECTION 2: Short Title ................ 1
SECTION 3: Objectives ................. 2
SECTION 4: Legal Authority for
Procedures 2
SECTION 5: Prior District Guidelines... 2
SECTION 6: Effective Date: ............ 2
SECTION 7: Incorporation of State CEQA
Guidelines ............... 2
SECTION 8: Supplementary Procedures .. 2
SECTION 9: Definitions: .............. 3
SECTION 10: Lead Agency ............... 3
SECTION 11: Responsible Agency ...... 3
SECTION 12: Project ................. 3
SECTION 13: Emergency Projects ...... 4
SECTION 14: Ministerial Projects .... 4
SECTION 15: Discretionary Projects .. 5
SECTION 16: Approval ................ 5
SECTION 17: Delegation of Responsibility 5
SECTION 18: Lead Agency Procedures ..... 6
A. Preliminary Review ......... 6
B. Notice of Exemption ........ 6
C. Initial Study .............. 6
D. Decision to Prepare an EIR.. 6
E. Decision to Prepare Negative
Declaration .............. 6
F. Consideration and Approval
of Negative Declaration... 7
G. Notice of Determination .... 7
H. Notice of Preparation of
Table of Contents
Page Two
an EIR ................... 7 ~
I. Notice of Completion of
Draft EIR ................ 8
J. Public Review and Hearing
on Draft EIR ............. 8
K. Preparation of Final EIR ... 8
L. Certification of Final EIR.. 8
SECTION 19: Necessity for Findings ..... 8
SECTION 20: Approval of Project and
Statement of Overriding
Considerations ........... 9
SECTION 21: Notice of Determination ..... 9
SECTION 22: Filing of EIR .............. 9
SECTION 23: Responsible Agency Procedure 9
A. Consultation and Response... 9
B. Board Consideration of EIR
or Negative Declaration... 9
C. Notice of Detrmination ...... 9
SECTION 24: Time Limits ................. 10
SECTION 25: Statutes of Limitations ..... 10
SECTION 26: Forms ...................... 10
Exhibit A: Notice of Completion ....... 11
Exhibit B: Notice of Determination ..... 12
Exhibit C: Notice of Exemption ......... 13
Exhibit D: Notice of Preparation ....... 14
Exhibit E: Negative Declaration and
Environmental Impact
Assessment ................ 15 - 20
SECTION 27: Future Amendments .......... 21
RESOLUTION NO. 752
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE SAN MARCOS COUNTY WATER DISTRICT ESTABLISHING
LOCAL GUIDELINES OF THE DISTRICT IMPLEMENTING
THE ENVIRONMENTAL QUALITY ACT, AS AMENDED,
AND RESCINDING PRIOR RESOLUTIONS AND GUIDELINES
WWRREAS, the California Environmental Quality Act of
1981, as amended, (CEQA) and the Guidelines for implementation
of that statute promulgated by the California Resources Agency
require this District to adopt local guidelines implementing
that statute and those regulations.
WHEREAS, the San Marcos County Water District has
heretofore adopted regulations implementing the Environmental
Quality Act and the Regulations of the Secretary of Resources
which must be amended and updated.
NOW, THEREFORE BE IT RESOLVED, that the Board of
Directors of San Marcos County Water District do hereby find,
resolve, determine and order that any and all prior resolutions
adopting local guidelines for SAN MARCOS COUNTY WATER DISTRICT
for implementing the California Environmental Quality Act are
hereby rescinded.
FURTHER RESOLVED, that effective March 3, 1986, the
regulations and guidelines set forth in this resolution
establish the local guidelines for the SAN MARCOS COUNTY WATER
DISTRICT for implementing the California Environmental Quality
Act, as amended, and the related regulations of the California
Resources Agency.
SECTION 1 - PURPOSES: These procedures are intended to
implement the purposes and provisions of the California
Environmental Quality Act (hereinafter referred to as "CEQA"),
as set forth in Public Resources Code Section 21,000 et seq.,
and the Guidelines for Implementation of the California
Environmental Quality Act (hereinafter referred to as "State
CEQA Guidelines"), developed by the Office of Planning and
Research and adopted by the Secretary for Resources, as set
forth in Title 14 of California Administrative code Sections
15,000 et seq.
SECTION 2 - SHORT TITLE: These procedures may be cited as the
"District's CEQA Procedures".
SECTION 3 - OBJECTIVES: From time to time and under
circumstances as outlined bhy these Guidelines, an
environmental document must be prepared as a prerequisite to
approval of a project. The function of such a document is to
inform the Board of Directors of the environmental effects of a
proposed project. The environmental effects set forth in such
a document are to be evaluated by the Board of Directors before
a project is approved. The Board retains existing authority to
balance environmental objectives with economic, social, and
other relevant objectives of the proposed project. The
information in an EIR constitutes evidence that a public agency
shall consider along with any other information which may be
presented to the agency.
SECTION 4 - LEGAL AUTHORITY FOR PROCEDURES: These procedures
are adopted pursuant to the requirements of Section 21082 of
the Public Resources Code which requires all public agencies to
adopt objectives, criteria and procedures for the evaluation of
projects and the preparation of environmental documentation and
which requires that such objectives, criteria and procedures
must be consistent with the provisions of CEQA and with the
State CEQA Guidelines.
SECTION 5 - PRIOR DISTRICT GUIDELINES: These procedures shall
replace the District's Guidelines Implementing California
Environmental Quality Act of January 1981. These procedures
apply prospectively only and shall apply to steps in the CEQA
process not yet undertaken on the effective date of these
procedures, provided, however, that any document meeting the
content requirements in effect when the document was set out
for public review need not be revised to conform to any new
content requirements in these procedures which take effect
before the document is finally approved.
SECTION 6 - EFFECTIVE DATE: These procedure shall take effect
March 3, 1986.
SECTION 7 - INCORPORATION OF STATE CEQA GUIDELINES: Pursuant
to the authority granted by Section 15022(d) of the State CEQA
Guidelines, the District adopts and incorporates by referenc
the State CEQA Guidelines to the extent that they are
applicable to local agencies such as the District. A copy of
the State CEQA Guidelines shall be maintained on file at the
offices of the District with these procedures, and any future
amendment to the State CEQA Guidelines shall be deemed
automatically incorporated into these procedures on the 120th
day after the effective date of the amendment, or on such
earlier date as may be required by the amendment.
SECTION 8 - SUPPLEMENTARY PROCEDURES: These procedures are
intended to tailor the general provisions of the State CEQA
Guidelines to the specific operations of the District. In the
event of any irreconcilable conflict, the State CEQA Guidelines
shall prevail over these procedures.
SECTION 9 - DEFINITIONS: Article 20 (commencing with Section
15350) of the State CEQA Guidelines contains definitions of
terms used throughout those guidelines, unless a term is
otherwise defined in a particular section. Those definitions
shall apply to these procedures, and in addition, thereto, the
following additions shall apply:
(a) "Board" means the Board of Directors of the San
Marcos County Water District.
(b) "Deciseion-making Body", when used in reference
to the District, means the Board.
(c) "District" means the San Marcos County Water
District.
(d) "Staff" means the District's General Manager or
his or her designee.
SECTION 10 - LEAD AGENCY: Lead Agency means the public agency
which has the principal responsibility for preparing
environmental documents and for carrying out or approving a
project which may have a significant effect on the environment
where more than one public agency is involved in the same
underlying activity. The Lead Agency will prepare the
environmental documents for the project either directly or by
contract.
SECTION 11 - RESPONSIBLE AGENCY: Responsible Agency means a
public agency which proposes to carry out or approve a project
for which a Lead Agency has prepared the environmental
documents. For the purpose of CEQA, the term includes all
public agencies other than the Lead Agency which have
discretionary approval power over the project.
SECTION 12 - PROJECT: Project means the whole of an action,
which has a potential for physical impact on the enviroment,
directly or ultimately, that is any of the following:
(1) An activity directly undertaken by the District;
(2) An activity undertaken by a person which is
supported in whole or in part through contracts,
grants subsidies, loans, or other forms of
assistance from the District;
(3) An activity involving the issuance by the District
to a person of a lease, permit, license,
certificate, or other entitlement for use.
A PROJECT DOES NOT INCLUDE:
(1) Anything specifically exempted by state law;
(2) Proposals for legislation to be enacted by the State
Legislature;
(3) Continuing administrative or maintenance activities,
such as purchases for supplies, personnel-related
actions, emergency repairs to public service
facilities, general policy and procedure making
(except as they are applied to specific instances
covered above), feasibility or planning studies;
(4) The submittal of proposals to a vote of the people
of the state or of a particular community, including
the District.
The term "PROJECT" refers to the activity which is being
approvede and which may be subject to several discretionary
approvals by governmental agencies. The term "PROJECT" does
not mean each separate governmental approval.
SECTION 13 - EMERGENCY PROJECTS: The following emergency
projects do not require the preparation of a negative
declaration or an EIR and thus are outside the scope of these
Guidelines:
(A) Projects undertaken, carried out, or approved by the
District to maintain, repair, restore, demolish or
replace property or facilities damaged or destroyed
as a result of a disaster in a disaster-stricken
area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7
(commencing with §ection 8550) of Division 1, Title
2 of the Government Code.
(B) Emergency repairs to any of the District's
facilities necessary to maintain service.
(C) Specific actions necessary to prevent or mitigate an
emergency.
An emergency means a sudden, unexpected occurrence, involving a
clear and imminent danger, demanding immediate action to
prevent or mitigate loss of, or damage to, life, health,
property, or fire, flood, earthquake, or other soil or geologic
movements, as well as such occurrences, riot, accident, or
sabotage.
SECTION 14 - MINISTERIAL PROJECTS: Ministerial projects are
exempt from the requirements of CEQA and these Guidelines and
consequently no environmental documents are required therefor.
Generally speaking, a ministerial project is one requiring
approval by the District as a matter of law or the use of fixed
stnadards or objective measujrements without personal
judgment. Examples of such projects include but are not
limited to, individual utility service connections and
disconnections, all activities relating to in-development water
service to developments which have been approved by other
appropriate governmental agencies, and utility service
connections and disconnecttions to potential customers within
such developments.
The decision as to whether or not a proposed project is
ministerial in nature, and thus outside the scope of this
enactment, shall be made by the District on a case-by-case
basis or as part of these Guidelines as hereinafter set forth.
SECTION 15 - DISCRETIONARY PROJECT: A Discretionary Project
means a project approval of which requires the exercise of
independent Judgment, deliberation or decision-making on the
part of the District.
SECTION 16 - APPROVAL: Approval means a decision by the
District which commits it to a definite course of action with
regard to a particular project. As respects any project to be
undertaken directly by the District, approval shall be deemed
to occur on the date the Board adopts a resolution making the
determination to proceed with a project, which in no event
shall be later than the date of adoption of plans and
specifications. As respects private projects, approval shall
be deemed to occur upon the earliest commitment to issue or the
issuance by the District of a discretionary contract, frant,
subsidy, loan or other form of financial assistance, lease,
permit, license, certificate, or other entitlement for use of
the project. The mere acquisition of land by the District, on
the other hand, shall not in and of itself be deemed to
constitute approval of a project.
SECTION 17 - DELEGATION OF RESPONSIBILITY: Except as otherwise
provided in these procedures, in order to expedite the
operations of the District, all steps and functions involved in
the process of preparing environmental documents are delegated
to the District's Staff who, upon approval of the Board, may be
assisted by private consultants and others pursuant to
contracts with the District. The foregoing delegation of
responsibilities to Staff shall govern all projects of the
District unless otherwise ordered by the Board. Staff shall
advise the Board of steps being taken in the preparation of
environmental documents. The Board reserves the right to
overrule any decision or conslusion of Staff, to reassign
responsibilities to private consultants or a commmittee of the
Board, or to assume such responsibilities itself.
The Board shall not delegated, and hereby reserves to itself,
the responsibility for:
(A) Reviewing and approving a draft EIR before it is
sent out for public review.
(B) Certifying that a final EIR had been completed in
compliance with CEQA and reviewing and considering
the information contained in the final EIR prior to
approving the project.
(C) Approving a negative declaration prior to approving
the project.
(D)Making of findings as required by Section 15091 of
the State CEQA Guidelines.
(E) Making of the statement of overriding considerations
as required by Sectiton 15093 of the State CEQA
Guidelines.
SECTION 18 - LEAD AGENCY PROCEDURES:
(A) PRELIMINARY REVIEW: Where the District is the lead
agency, staff shall act on behalf of the District in
making the preliminary review described in Section
15060 of the State CEQA Guidelines.
(B) NOTICE OF EXEMPTION: If as a result of the
preliminary review, Staff determines that a
particular activity is exempt from CEQA, Staff may
prepare a Notice of Exemption, substantially in the
form of Appendix E to the State CEQA Guidelines,
which shall be filed with the County Clerk of the
county in which the project will be located after
approval of the project by the Board. However,
ailure to comply with this section shall not affect
the validity of the approval of any of the project.
(See Exhibit D).
(C) INITIAL STUDY: Where the District is the Lead
Agency, Staff shall prepare an initial study, as
described in Section 15063(d) of the State CEQA
Guidelines, to determine if the project may have a
significant effect on the environment. However, if
it can be clolearly determined without an initial
study that an EIR will be required for the project,
an initial study is not required. (See Exhibit F).
(D) DECISION TO PREPARE AN EIR: If Staff determines
that an EIR is required, it shall file with the
Board a copy of its initial study, or if there be no
initial study, a statement of its reasons why an EIR
is required. If the Board concurs with the Staff
recommendation, it shall direct preparation of the
EIR either by Staff or pursuant to contact with
private consultants.
(E) DECISION TO PREPARE NEGATIVE DECLARATION: If Staff
determines from the initial study that a negative
declaration should be prepared, it shall prepare a
proposed negative declaration for public review and
shall fix a date for a public hearing by the Board.
Staff shall give notice to the public at least 15
days prior to the adoption by the Board of the
Negative Declaration by ritten notice to all
organizations and invidualos who have prviously
requested such notice, by posting a copy at the
principal office of the District and by publication
least one time in a newspaper of general circulation
in the area affected by the proposed project. Staff
may provide additional notice by other means. The
public review period for a proposed negative
declaration shall be at least 15 days, unless the
proposed negative declaration must be submitted to
- the State Clearinghouse for review by state
agencies, in which case the public review period
shall be at least 30 days. At the time and place
set forth in the notice, the Board dshall hold a
public hearing for the purpose of receiving
additional comments from members of the public and
interested parties. (See Exhibit G).
(F) CONSIDERATION AND APPROVAL OF NEGATIVE DECLARATION:
Prior to approving the project, the Board shall
consider the proposed negative declaration, together
with any comments received during the public review
and hearing process and shall approve the negative
declaration if it finds on the basis of the initial
study and any comments received that there is no
substantial evidence that the project will have a
significant effect on the environment.
(G) NOTICE OF DETERMINATION: After deciding to carry
out or approve a project for which a negative
declaration has been approved, Staff shall prepare a
Notice of Determination, substantially in the form
of Appendix D to the State CEQA Guidelines, which
shall be filed with the County Clerk of the county
in which the project shall be located and, if the
project requires the discretionary approval from any
state agency, with the Secretary for Resources.
(See Exhibit C).
(H) NOTICE OF PREPARATION OF AN EIR: If it is decided
that an EIR is required for the project, Staff shall
send by certified mail, return receipt requested, to
each responsible agency a Notice of Preparation,
substantially in the form of Appendix J to the State
CEQA Guidelines. This notice shall also be sent to
every federal agency involved in approving or
funding the project and to each trestee agency
responsible for natural resources affected by th
eproject, as provided in Section 15082 of the State
CEQA Guidelines. In order to expedite the process,
the Staff may request one or more meetings between
representatives of agencies involved, and Staff may
also consult directly with any person or
organization it believes will be concerned with the
environmental effects of the project. (See State
CEQA Guidelines, Sections 15082(c), 15083). (See
Exhibit E).
(I) NOTICE OF COMPLETION OF DRAFT EIR: Upon completion
of the draft EIR, it shall be presented to the Board
for review at a regular or special meeting. If the
Board finds the draft EIR to be in order, it shall
authorize Staff to file with the Secretary for
Resources a Notice of Completion, substantially in
the form of Appendix C to the State CEQA
Guidelines. (See Exhibit B).
(J) PUBLIC REVIEW AND HEARING ON DRAFT EIR: The Board
shall fix a time for public review of the draft EIR,
which shall be not less than 30 days nor longer than
90 days from the date of the notice unless it is an
unusual situation. The Board shall fix a date
during the review period for a public hearing by the
Board on the contents of the draft EIR. Public
notice of the availability of the draft EIR and of
the public hearing shall be given by publication at
least one time in a newspaper of general circulation
in the area affected by the proposed project.
(K) PREPARATION OF FINAL EIR: Following the public
review period and the public hearing, and before
approval of the project, the Board shall direct
preparation of a final EIR, which shall include
mattrs described in Section 15132 of the State CEQA
Guidelines. The Board may, but shall not be
required to, provide an opportunity for review by
the public of the final EIR before approving the
project.
(L) CERTIFICATION OF FINAL EIR: Following preparation
of the proposed final EIR, it shall be presented to
the Board at a regular or special meeting. If the
Board finds the final EIR to be in order, it shall
certify that:
(1) The final EIR has been completed in compliance
with CEQA; and
(2) The final EIR was presented to the Board and
the Board reviewed and considered the
information contained in the final EIR prior to
approving the project.
SECTION 19 - NECESSITY FOR FINDINGS: The Board shall not
approve or carry out a project for which an EIR has been
completed which identifies one or moe significant environmental
effects of the project unless the Board makes one or more
written findings described in Section 15091 of the State CEQA
Guidelines, based on substaantial evidence, for each of those
significant effects, accompanied by a brief explanation of the
rationale for each finding.
SECTION 20 - APPROVAL OF PROJECT AND STATEMENT OF OVERRIDING
CONSIDERATIONS: After considering the final EIR, and in
conjunction with the making of the foregoing findings, the
Board may decide whether or how to approe or carry out a
project. If the Board determines to approve a project, despite
remaining significant effects on the environment found to be
unavoidable, it shall state in writing the specific reasonse to
support this action based upon the final EIR and/or other
information in the record, as required by Section 15092 and
15093 of the State CEQA Guidelines.
SECTION 21 - NOTICE OF DETERMINATION: Staff shall file a
Notice of Determination, substantially in the form of Appendix
D to the State Guidelines, following each project approval for
which an EIR was considered, as provided in Section 15094 to
the State CEQA Guidelines. (See Exhibit C).
SECTION 22 - FILING OF EIR: Staff shall file copies of the
final EIR as provided in Section 15095 of the State CEQA
Guidelines.
SECTION 23 - RESPONSIBLE AGENCY PROCEDURES:
(A) CONSULTATION AND RESPONSE: If the District is a
responsible agency, Staff shall respond to requests
for consultation by the Lead Agency and shall
designate employees or representatives to attend
meetings requested by the lead agency to discuss the
scope and content of a proposed EIR. Staff shall
review and comment on draft EIR's and negative
declarations for projects for which the District
would later be asked to approve. If there is
adequate time, Staff may consult with the Board
regarding such comments.
(B) BOARD CONSIDERATION OF EIR OR NEGATIVE DECLARATION:
Prior to reaching a decision on the project for
which the District is a responsible agency, the
Board must consider the environmental effects of the
project as shown in the EIR or negative declaration
and, if necessary, adopt the alternatives,
mitigation measures or findings referrd to in
Section 15096(g) and (h) of the State CEQA
Guidelines.
(C) NOTICE OF DETERMINATION: Upon approval of the
project by the Board for which the District is a
responsible agency, Staff shall file a Notice of
Determination substantially in the form of Appendix
D to the State CEQA Guidelines, as provided in
Section 15096(i) of said Guidelines. (See Exhibit
C).
SECTION 24 - TIME LIMITS: Insofar as practical, the District
shall comply with the time limits set forth in Article 8,
commencing with Section 15100, of the State CEQA Guidelines.
However, if Board action is required, a special meeting of the
Board shall not be required solely to meet the time limits set
forth therein. Matters requiring Board action need only be
considered at regular meetings of the Board scheduled after any
period that may be required for public notice and review. A
special meeting may be called if deemed appropriate.
SECTION 25 - STATUTES OF LIMITATIONS: Inasmuch as these
procedures are intended to implement CEQA and the State CEQA
Guidelines, court challenges alleging failure to comply with
any of these procedures shall be subject to the same limitation
periods applicable to proceedings under CEQA. Any court
challenge involving these procedures which is determined not to
be subject to the limitations period applicable to proceedings
under CEQA shall be subject to provisions of Code of Civil
Procedure Section 1094.6 which is hereby declared to be
applicable under such circumstances.
SECTION 26 - FORMS: The State CEQA Guidelines have as
appendices the following forms which are adopted by the Board
and identified as Exhibits A, B, C, D and E and are
incorporated into this resolution:
Appendix C: Notice of Completion Exhibit A
Page 1
Appendix D: Notice of Determination- - Exhibit B
Page 1
Appendix E: Notice of Exemption. Exhibit C
Page 1
Appendix J: Notice of Preparation. Exhibit D
Page 1
Appendix I: Environmental Initial
Study and Negative
Declaration. - Exhibit E
Page 1-6
To the extent practical, the District shall use such forms in
providing the notices required by these procedures. However,
in lieu thereof, Staff may prepare other forms for use by the
District, provided they contain the information required by the
State CEQA Guidelines and these procedures.
SECTION 27 - FUTURE AMENDMENT: Future amendments to the State
CEQA Guidelines shall be deemed automatically incorporated into
these procedures on the 120th day after the effective date of
the amendment, or on such earlier date as may be required by
the amendment.
PASSED, APPROVEDAND ADOPTED this 3rd day of March, 1986
by the following roll call vote:
AYES: Directors: Mason, Rutherford, Fergus0n, Mahr, Newport
NOES: Directors: None
ABSTAIN: Directors: None
ABSENT: Directors: None
San Marcos County Water District
ATTEST:
William W. Rucker, Secretary
Board of Directors
San Marcos County Water District
NOTICE OF COMPLETION
SAN MARCOS COUNTY WATER DISTRICT
788 West San Marcos Boulevard
San Marcos, California 92069
- TO: Secretary for Resources
The Resources Agency
State of California
1416 Ninth Street, Room 1311
Sacramento, California 95814
Responsible Agency/District/Division
Name of Project
Location of Project
District Contact Person Area Code Phone Extension
Address Where Copy of EIR is Available
Period during which comments will be received for review
DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT:
Date General Manager
(Ref: Section 15085)
(2-86) Exhibit A
Page 1
NOTICE OF DETERMINATION
SAN MARCOS COUNTY WATER DISTRICT
788 West San Marcos Blvd.
San Marcos, California 92069
TO: COUNTY CLERK
COUNTY OF SAN DIEGO
Responsible Agency/District/Division
Name of Project
Location
District Contact Person Area Code Phone Extension
The Board of Directors of San Marcos County Water District on
, 19 , took the following action
concerning the above project:
1. Determined to (approve) (disapprove) the project; and
( ) 2. Determined that the project (will) (will not) have a
significant effect on the environment.
a. ( ) An EIR has been prepared pursuant to the
provisions of the California Environmental
Quality Act and was certified pursuant to
Section 15085(g) of the State EIR
Guidelines.
b. ( ) A Negative Declaration was prepared for
this project pursuant to the provisions of
CEQA, a copy of the Negative Declaration
is attached.
( ) 3. The environmental effects of the project are too
speculative for evaluation, therefore, no further
environmental review is required.
4. Mitigation measures adopted to reduce the impacts of
the approved project:
Date General Manager
Exhibit B
Page 1
NOTICE OF EXEMPTION
TO: County Clerk
County of
Responsible Agency/District/Division
Name of Project
Location
District Contact Person Area Code Phone Ext.
Name of Person or Agency Carrying Out Project
DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES OF PROJECT:
EXEMPT STATUS (Check One) STATE GUIDELINE
( ) Ministerial Project Sec. 15369
( ) Emergency Project Sec. 15359
( ) Feasibility Study Sec. 15364
( ) Categorical Exemption Sec. 15354
( ) Lead Agency Sec. 15062
REASON PROJECT IS EXEMPT:
If filed by applicant: 1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public
agency approving the project? Yes No.
Date General Manager
NOTICE OF PREPARATION
FROM:
(Responsible Agency) (District)
(Address ) (Address )
(City, State, Zip) (City, State, Zip)
SUBJECT: NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT
REPORT
SAN MARCOS COUNTY WATER DISTRICT will be the Lead Agency and
will prepare an environmental impact report for the project
identified below. We need to know the views of your agency as to the
scope and content of the environmental information which is germane
to your agency's statutory responsibilities in connection with the
proposed project. Your agency will need to use the EIR prepared
by our agency when considering' your permit or other approval for
the project.
The project description, location, and the probably environmental
effects are contained in the attached materials. A copy of the
Initial Study ( )is ( )is not, attached.
Due to the time limits mandated by State law, your response must be
sent at the earliest possible date but not later than 45 days after
receipt of this notice.
Please send your response to: at the
address shown above. We will need the name for a contact person
in your agency.
PROJECT TITLE:
PROJECT APPLICANT, IF ANY:
Date: Signature:
Telephone No. Date:
Exhibit D
(Ref: Section 15082 Page 1 of 1
NEGATIVE DECLARATION
BY THE SAN MARCOS COUNTY WATER DISTRICT
LkAD AGENCY:
NAME OF PERSON TO CONTACT:
DESCRIPTION, LOCATION, AND PURPOSE OF PROJECT:
FINDING: The SAN MARCOS COUNTY WATER DISTRICT, by and through
an Environmental Impact Assessment dated ,
19 , found that the aforesaid project WILL NOT HAVE
a significant effect on the environment.
REASONS:
INITIAL
STUDY: The Initial Study was prepared by:
A copy is available at the District Office.
POSTED:
FINALED:
BY:
General Manager Date Signed
NOTES:
Exhibit
ENVIRONMENTAL IMPACT ASSESSMENT
SAN MARCOS COUNTY WATER DISTRICT
NAME OF PROJECT:
LOCATION:
ASSESSOR'S PARCEL NO:
ENTITY OR PERSON UNDERTAKING PROJECT:
( ) SAN MARCOS COUNTY WATER DISTRICT
( ) OTHER:
Name:
Address:
STAFF DETERMINATION:
The District's staff, having undertaken and completed an Initial
Study of this project in accordance with the resolution adopted
by the Board of Directors entitled "Resolution of the Board of
Directors of the San Marcos County Water District Establishing
Local Guidelines of the District Implementing The, Environmental
Quality Act, As Amended, and Rescinding Prior Resolutions and
Guidelines" for the purpose of ascertaining whether the proposed
project might have a significant effect on the environment, has
reached the following conclusion:
( ) 1. The project could not have a significant effect
on the environment; therefore, a Negative Declaration
should be prepared.
( ) 2. The project could have a significant effect on the
environment; therefore, an EIR will be required.
( ) 3. The environmental effects of the project are too
speculative for evaluation, therefore, no further
environmental review is required.
Date General Manager
Exhibit E
Page 2 of 6
ENVIRONMENTAL INITIAL STUDY SHEET
FOR EXTENSION OF A WATER/SEWER SYSTEM
GENERAL INFORMATION:
A. LAND OWNER:
Name:
Address:
Telephone Number:
B. AGENCY OR INDIVIDUAL PREPARING THIS FORM:
Name:
Address:
Telephone Number:
C. LOCATION AND BRIEF DESCRIPTION OF PROJECT, INCLUDING
SIZE AND TYPE OF DEVELOPMENT:
D. BRIEF DESCRIPTION OF WATER AND/OR SEWER FACILITIES
REQUIRED TO SERVE THE PROJECT:
Exhibit
Paqe.3 of
II. ENVIRONMENTAL IMPACT QUESTIONNAIRE: YES NO
1. Will the project require the issuance
of a variance or special use permit
by the County or City?
2. Will the project require a variance
from established environmental standards
(air, water, noise, etc.), and/or
adopted plans?
3. Will the project require certification,
authorization or issuance of a permit
from any local, state, or federal
environmental control agency?
4. Will the project require a change in
zoning by the County or City?
5. Could the project affect the use of a
recreational area or areas of important
aesthetic value?
6. Will the project have any substantial
and demonstrable negative aesthetic
effect?
7. Could the project substantially affect
a rare or endangered species of animal
or plant, or habitat, food source,
nesting place, source of water, etc.,
of such a species?
8. Will the project cause substantial
interference with the movement of any
resident or migratory fish or wildlife
species?
9. Will the project breach any published
National, State or local standards
relating to solid waste or litter control?
10. will it be necessary to improve or
construct any public or private roads '
for the project?
11. Could the project result in a generation
of significant amounts of noice?
12. Could the project result in a generation
of significant amounts of dust?
Exhibit E
Page 4 of 6
13. Could the project result in a signifi-
cant change in the quality of any portion
of the region's air or water resources?
14. Will the project involve the burning of
brush, trees, construction materials,
etc.?
15. Will the project involve the possibility
of contaminating a public water supply
system or adversely affecting ground-
water quality?
16. Could the project cause substantial
flooding, erosion or siltation?
17. Is the project subject to a major geologic
hazard, such as the construction of
facilities in the area of an active fault
or areas subject to ground shaking, land-
slide, etc.?
18.' Could the project significantly affect
a historical or archaeological site or
its setting?
19. Could the project significantly affect
the potential use, extraction or con-
servation of a scarce natural resource?
20. Could the project serve to encourage
development of presently undeveloped
areas or intensify development of
already developed areas surrounding
the project area?
21. List all public utilities that will
serve the project?
Exhibit
III. STATEMENT OF NO SIGNIFICANT ENVIRONMENTAL EFFECTS:
If you have answered YES to one or more of the questions in
Section II, but still think the project will have no
significant environmental effects, indicate the reasons
below:
I understand that this is only a preliminary Questionnaire, and
if the District determines that the project has a significant
impact on the environment, it will be necessary to provide the
District with an Environmental Impact Report.
Signature of Applicant
Date
Note: Attach District map of project.
Exhibit E
Paqe 6 0~ 6