Loading...
HomeMy WebLinkAbout03/25/1997, 1 - WATER REUSE PROJECT - CERTIFICATION OF EIR council March 25 1997 j agenda uepoin CITY OF SAN LUIS OBISPO FROM: John Moss,Utilities Director Prepared By: David Pierce,tastewater Reclamation Coordinator SUBJECT: WATER REUSE PROJECT-CERTIFICATION OF EIR �f CAO RECOMMENDATION Adopt a resolution certifying that the EIR for the Water Reuse Project is adequate. REPORT-M-BRIEF The Water Reuse Project will provide a distribution system to deliver up to 1,233 acre-feet a year of high quality tertiary reclaimed water to large volume customers throughout San Luis Obispo. The locations of the pump stations, water storage facilities, treatment equipment, and pipelines are shown on Exhibit B. The Water Reclamation Facility currently discharges approximately 4,000 acre-feet of reclaimed water per year to San Luis Obispo Creek under a National Pollution Discharge Elimination System (NPDES) permit. Upon completion of the Water Reuse Project a portion of this reclaimed water will be distributed for reuse. The reclaimed water meets the State of California Department of Health Services' requirements for reclaimed water that is suitable for use other than drinking, food preparation, swimming, or within residential living quarters. Approximately 400 acre-feet will replace current use within the City. Approximately 300 acre-feet may be used at Cal Poly in exchange for a similar quantity of water from Cal Poly's share of Whale Rock. Approximately 455 acre-feet per year will be used to meet the non-potable water needs of development projected in the Land Use Element of the General Plan On December 21, 1995 a second Draft EIR on the Water Reuse Project was circulated for public comment. The Draft EIR indicates that without mitigations there may be significant impacts to the biological resources of San ,Luis Obispo Creek. This determination was based on a Biological Resource Assessment and Impact Analysis which was prepared by Fugro West, Inc. using data provided by an Instream Flow Study and a Hydrology and Ground-water Modeling of Lower Son Luis Obispo Creekfor the Water Reuse Project. The frequency of the unmitigated significant impacts associated with the four discharge scenarios that were evaluated in the Biological Resource Assessment and Impact Analysis- San Luis Obispo Creek- Water Reuse Project are summarized in the table below. Council Agenda Report - cer Reuse Project - Certification of EL Page 2 Frequ=of Significant acts Before gV ation Resources Minimum Disc a Alternatives Zero 1.0 cfs 913.0 cfs Vegetation D O O µ O Wildlife D O O Southern steelhead D&A D&A ? Southwestern pond turtle D&A D&A D California red-legged frog O O O Tidewater goby D&A D&A ? O No Effect A Average Year D Dry Year ? Not quantified The analysis determined that these impacts could be mitigated to a level of less than significant. The U.S. Fish&Wildlife Service rendered a Biological Opinion concerning the tidewater goby stating that the"reasonable and prudent measure"necessary and appropriate to minimize the incidental take of tidewater gobies is the continued release of 1.7 cfs of effluent. The Service also suggested a "Conservation Recommendation"to participate in and support the development and implementation of a watershed management plan for San Luis Obispo. The project is defined to dedicate 1.7 cfs of wastewater effluent to public trust resources. The Mitigation and Monitoring Plan proposes the following mitigation measures: 1. Replace Fish Ladder at Marre Dam. 2. Create 12,000 square feet of off-creek pond turtle habitat. 3. Construct a well field to supply irrigation water for the Hayashi property. 4. Construct alternative outfall for 1.7 cfs discharge approximately 3,000 feet upstream of the present outfall. 5. Expend $75,000 for other creek improvement programs and provide an annual amount based on a fixed rate per acre-foot of recycled water sold to fund watershed maintenance and improvement projects. Following certification of the Elm the State Water Resources Control Board will also review the adequacy of the E1R as part of the process of issuing the Permit for Change of Purpose of Use and Place of Use of Treated Wastewater: The Water Reuse Project is estimated to cost$9,200,000 with a resulting cost to deliver recycled water of between$600 and $900 per acre foot. This price is within the range of other water supply projects. The additional cost of the mitigation measures is estimated to be less than 10%of the total project cost. The City Council is being asked to certify that the EIR does adequately describe the project, project impacts, and mitigation measures necessary to reduce the impacts to less than significant levels. Council Agenda Report - .ter Reuse Project- Certification of El- Page 3 MSCUSSION Project Description The Water Reuse Project will provide a distribution system to deliver up to 1233 acre-feet a year of high quality tertiary reclaimed water to large volume customers throughout San Luis Obispo. The locations of the pump stations, water storage facilities, treatment equipment, and pipelines are shown on Exhibit B. The existing pond at the south end of the Water Reclamation Facility will be enlarged for storage. The pond will also be landscaped to improve its appearance and habitat value. Reclaimed water may also be stored in a currently unused five million gallon reservoir located north of the City on Fox Hollow Road. Approximately 8-1/2 miles of pipeline will be installed and approximately 2-1/2 miles of abandoned petroleum pipelines will be used. The Water Reclamation Facility produces approximately 4000 acre-feet of recycled water a year. Since 1994,the recycled water has been a disinfected tertiary reclaimed water that is suitable for all irrigation needs and many other uses. This water is currently discharged to San Luis Obispo Creek under a National Pollution Discharge Elimination System(NPDES)permit that is issued by the Regional Water Quality Control Board. Upon completion of the Water Reuse Project a portion of this reclaimed water will be distributed for reuse. The production is at a relatively constant rate of 11 acre-feet per day(3.6 million gallons per day or 5.5 cubic feet per second (cfs). The Water Reuse Project proposes to continue a minimum discharge of 1.7 cfs (1.1 million gallons per day) to San Luis Obispo Creek for maintenance of instream habitat. Up to 3.8 cfs (2.5 million gallons per day) will be available for reuse. Since the primary use of recycled water in the City of San Luis Obispo will be irrigation, the demand will peak during the hottest periods of the summer and be significantly less during the winter months. Excess water will be discharged to the creek. Allowable Uses of Reclaimed Water The recycled water produced by the City of San Luis Obispo's Water Reclamation Facility is suitable for use other than drinking, food preparation, swimming, or within residential living quarters. The Water Reclamation Facility produces a direct filtered tertiary reclaimed water which is also referred to as a tertiary reclaimed water with a turbidity of less than 5 NTU before filtration. (Turbidity is a measurement of the cloudiness of the water caused by suspended or colloidal particles that scatter light.) The uses of reclaimed water allowed by the current draft of the State of California Department of Health Service's Water Reclmnation Criteria portion of Title 22, Division 4, Chapter 3 of the California Code of Regulations are summarized in Exhibit C. The use of recycled water requires a permit from the California Regional Water Quality Control Board which enforces these regulations. On August 20, 1991, City Council adopted a resolution Establishing Policy Regarding the Use of Reclaimed Water. This resolution provided a policy guideline for approving projects that use recycled water. The guideline was slightly modified on January 25, 1994 by Resolution No. 8264(1994 series) Revising Policy Regarding the Use of Reclaimed Water. The approved uses in Category I include: • New irrigation/non-potable water uses within development approved for construction within the City and approved for connection to the City water system. • Existing irrigation/non-potable water uses connected to the City water system. s/�J Council Agenda Report- . .cer Reuse Project- Certification of EL Page 4 • Existing irrigation/non-potable uses within the Urban Reserve Line (URL), with or without s connections to the City water system, which employ private wells to supply or augment non-potable water requirements • Maintaining creek flow for existing instream uses. Approved uses in Category II may be supplied after the needs of category I uses have been met. • Outside of the Urban Reserve Line irrigation/non-potable users that maintain or enhance agriculture or open space. Project Proposed Uses of Reclaimed Water Current or Existing(oMM-700 afy to be used for irrigation. • 65 acre-feet. Laguna Middle School, C.L. Smith, Hawthorne, Sinsheimer Elementary Schools which irrigate with the City potable water. The High School is not listed because it is irrigated with well water. • 10 acre-feet. Caltrans Route 101 • 230 acre-feet. City Parks • 96 acre-feet. Private unit developments along the route • 300 acre-feet for Cal Poly - This water will be exchanged for Cal Poly's Whale Rock water that is currently being used for irrigation. Future Development Areas-455 afy to be used for irrigation. ion. • 200 acre-feet for development proposed to occur along Madonna Road and Los Osos Valley Road • 255 acre-feet for development proposed to occur in the Margarita and Airport areas. Estimated Project Cost The current CIP proposes to construct the Water Reuse Project in two phases at an estimated total cost of$9,200,000. Phase one constructs common facilities at the Water Reclamation Facility and the branches to serve the Laguna Lake area, and the downtown and Cal Poly at a cost of$6,700,000. Phase two constructs the service to the Margarita area and Sinsheimer Park at a cost of$2,500,000. This estimate does not include the costs associated with the mitigation plan or the costs associated with the mo&fiicauons of the users' on-site facilities to insure separation of the potable and nonpotable water systems Those costs are estimated to be less than 10%of the total project cost It is estimated that the cost of delivering reclaimed water will be between$600 and$900 per acre foot. This price is within the range of other water supply projects currently under consideration. Proposed Project Schedule Spring 1997;complete environmental review by SWRCB. Spring 1997,award design contract. Spring 1998,award construction contract. Summer 1999, deliver water. Council Agenda Report- .ter Reuse Project-Certification of EL Page 5 Impacts and Mitigations The EIR addresses potential impacts in fourteen areas from water resources and growth inducement to agriculture and biological resources. A copy of the summary of these impacts from the Executive Summary of the EIR is attached as Exhibit D. This summary identifies the potential impact and the action, if any, that is required to reduce the impact to a level of less than significant. The major concerns identified in response to the Notice of Preparation and the drafts of the EIR were the impacts related to the reduction of creek flows. The impact to downstream biological resources was the focus of the studies performed by consulting biologists and hydrologists. Using the data provided by the Instream Flow Study and the Hydrology and Ground-water Modeling of Lower San Luis Obispo Creek for the Water Reuse Project, Fugro West, Inc. prepared the Biological Resource Assessment and Impact Analysis which identifies and evaluates the significance of impacts.Four species of concern found in the area were specifically addressed. These impacts are listed below in two groups, those that are less than significant and those that require mitigation measures to reduce the impacts to a level of less than significance. Impacts that do not require mitigation Hydrology-Flow in San Luis Obispo Creek. Reducing the stream flow or the occasional drying of a stream on the Central Coast is not in itself a significant impact. • During the average year the flow immediately upstream of the confluence with See Canyon will be 1.0 cfs. • During a dry year the creek will go dry just upstream of the confluence with Castro Canyon(2 1/2 miles downstream of the Water Reclamation Facility and 1 mile upstream of the intersection of San Luis Bay Drive with Highway 101). Vegetation- • Unless the streambed is dry for multiple years there is no significant impact to riparian vegetation. The release of excess water during the fall,winter, and spring recharges the aquifer and reduces the impact to vegetation even during drought years. Agriculture • Less water will be available for pumping from the surface flow of San Luis Obispo Creek. The Hydrology and Groundwater Model predicts that there is sufficient water within the basin so that current agricultural irrigation demands can be met from shallow wells. It is not considered a significant impact for the property owners to have to install wells to use the natural water within the basin. Wildlife • Terrestrial wildlife is sufficiently mobile that there will be no significant impact. This is especially true since there is no significant impact to riparian vegetation. California red-legged frog • There is no impact to the California red-legged frog. Periodic drying of lower portions of the creek may improve this frog's ability to compete with the introduced bullfrog that currently occupies this area Council Agenda Report- _ter Reuse Project - Certification of EL Page 6 Impacts for which mitigation measures are re &ed Tidewater goby • Reduced flow of freshwater may reduce the area of habitat with preferred salinity levels. • Since the tidewater goby is a federally listed endangered species, consultation was initiated with the U.S. Fish and Wildlife Service to determine the measures that would be required to mitigate impacts to the tidewater goby. The Service rendered a Biological Opinion on November 13, 1996 stating that the `reasonable and prudent measure" necessary and appropriate to minimize the incidental take of tidewater gobies is the continued release of 1.7 cfs of eluent. The Service also suggested a "Conservation Recommendation" to participate in and support the development and implementation of a watershed management plan for San Luis Obispo Creek. The Mitigation and Monitoring Plan includes a measure to implement this recommendation. Pacific pond turtle • Approximately 12,000 square feet of pond habitat may be lost during portions of average and dry years. • The Mitigation and Monitoring Plan proposes to create 12,000 square feet of off-creek pond turtle habitat. The project itself will create an additional 80,000 square feet of storage pond which along with the existing 160,000 square feet of storage pond will be enhanced for turtle and water fowl habitat. Southern steelhead • The reduced flows may decrease by half the amount of pools that could potentially support the rearing of juvenile steelhead during the dry and average years. The probability that these areas would be used is not very high based on a statement in a letter dated February 2, 1992, from,Brian Hunter the Regional Manager for Region 3 of the Department Fish and Game in which he said, "San Luis Obispo Creek currently has little if any, rearing habitat for steelhead below the wastewater discharge. This is undoubtedly in part because of current water quality, but is also because of degraded habitat in the lower creek reaches." The recent history of the steelhead fishery downstream of the Water Reclamation Facility supports the opinion that this is a migratory corridor. The Water Reuse Project will have no impact during the migration season of November through March. • On January 10, 1997, at the request of citizen groups, the EPA and the National Marine Fisheries Service initiated consultation regarding impacts that this project may have on the steelhead. The NMFS indicated that it would be appropriate to continue with the certification process in a timely manner. • Several of the measures of the Mitigation and Monitoring Plan are focused at reducing the impact to the steelhead. These include improving the passage past the Marre Dam to increase the number of fish entering the creek to spawn constructing a well field to supply irrigation water for the Hayashi property to decrease the length of creek that may be dry during dry years, constructing an alternative outfall for 1.7 cfs discharge to increase the wetted length of the creek by approximately 3,000 feet, and contributing funds to and participating in regional efforts to enhance the habitat value of the San Luis Obispo Creek watershed. The combined efforts of maintaining water in portions of the creek and improving the habitat value in these and other areas are expected to produce some fair to good habitat where little or none existed in the past. /-6 Council Agenda Report- .ter Reuse Project - Certification of& Page 7 Mitigation and Monitoring Plan The continued discharge of 1.7 cfs of reclaimed water is technically not a mitigation measure because that release is part of the scope of the project that was evaluated in the E1R However, dedicating this flow to the public trust resources is significant because it will provide a water right. The resource agencies that manage the public trust resources can use that water right to insure that the water remains available to the fish and wildlife. Without a dedication, the effluent could continue to be extracted downstream to support development outside the City. The dedication will contain a condition that the water quality requirements for discharge will not change significantly. This condition is necessary to preclude the City from being required to provide significant additional treatment prior to discharge. The 1.7 cfs, if sold, could produce 550 acre feet of water to meet irrigation demand that would be worth more than$800,000 per year. The mitigation measures are mentioned above in conjunction with the impacts for which they have . been chosen. These mitigation measures are discussed in more detail below. The Mitigation and Monitoring Plan includes the following five mitigation measures: 1. Replace Fish Ladder at Macre Dam. 2. Create 12,000 square feet of off-creek pond turtle habitat. 3. Construct a well field to supply irrigation water for the Hayashi property. 4. Construct alternative outfall for 1.7 cfs discharge approximately 3,000 feet upstream of the present outfall. 5. a)Expend$75,000 for other creek improvement programs. b)Fund Watershed Maintenance and Improvement projects at a fixed rate per acre-foot of recycled water sold These mitigation measures take into consideration that the fundamental effect of the project is the reduction of water discharged to the creek, that it is difficult to mitigate for the loss of water, that the impacts are significant only during the dry season of dry years, that prior to the start of this project San Luis Obispo Creek had been described as having little, if any, rearing habitat for steelhead below the wastewater discharge, and that the City must be responsible to assure that the mitigations are completed. 1. Reulace Fish Ladder at Marre Dam. Installation of a new fish ladder would improve the movement of fish past this barrier. Since this is a replacement of an existing structure the parties responsible for the operation and maintenance of the existing structure should continue to be responsible for maintenance at this location. 2. Create 12.000 square feet of off-creek pond turtle habitat. Off-creek habitat consisting of stream fed pools will be created at one of several sites within the area downstream of the Water Reclamation Facility. This is in addition to the additional 80,000 square feet of storage pond that will be completed at the Water Reclamation Facility. The entire six acres of the expanded pond will be enhanced for turtle and water fowl habitat. 3. Construct a well field to supply irrigation water for the Hayashi property. The Hydrology and O vwzd-water Modeling of Lower Son Luis Obispo Creek for the Water Reuse demonstrates that replacement of an existing direct stream diversion at this location will provide a seasonal delay in the impact on the creek so that an additional 4,000 feet of creek will remain wet during the dry /-71 Council Agenda Report- .ter Reuse Project - Certification of Ei- Page 8 years. The fad that the property owner will not be abandoning any right to extract water from the creek is not significant because in the dry years of concern, the only water in the creek will be the effluent that is dedicated to the Public Trust Resources. 4. Construct alterative outfall for 1.7 ds discharge approximately 3,000 feet upstream of the present outfall. This mitigation measure has the potential to provide an additional 3,000 feet of surface flow in a portion of the creek that has historically gone dry even in average rainfall years. This is a commitment only to release the water at this location. The City does not have adequate information on the dry season flow effects of a discharge at this location and it is unlikely that it would be possible to evaluate the success of this effort until such time as the water is discharged at this location throughout a drought. Secondary impacts of the new outfall location(vegetation removal, water quality, and public safety)will not be significant 5. a)Expend$75,000 for other creek improvement programs. Stream bank improvements can have a significant impact on the water quality and the value of habitat. The City will implement any of several actions that include working with ranchers to manage cattle in the creek, planting trees to revegetate creek banks, working with other agencies and associations to develop and train owners to use improved standards for creek maintenance. b) Fund Watershed Maintenance and Improvement Projects at a fixed rate per acre-foot of recycled water sold during the first 20 years. Staff recommends that the fixed rate be set at $25.00. per acre-foot of recycled water sold. The City's Utilities Department and Natural Resource Manager will develop projects and programs to use this money for work needed to improve the watershed. These projects and programs will be developed with participation of other concerned individuals, organizations and agencies such as the Land Conservancy and the Department of Fish and Game. The amount of money available each year will increase with the amount of reclaimed water sold which is directly related to the significance of any impact. Actions Required after Certification Dedication of water to be discharged. Following certification of the EK staff will return to the City Council with a resolution dedicating the discharged wastewater to the public trust resources. The dedication will be made in accordance with the provisions of Article 1.5 section 1212 of the California Water Code. Establish the fixed rate per acre-foot of recycled water to be dedicated to stream enhancement. Following certification of the Elk staff will return to the City Council with a resolution establishing a fee to be contributed to stream enhancement for the first 20 years of the water reuse project. Staff recommends that the fixed rate be set at$25.00 per acre-foot of recycled water sold. SWRCB Permit. After the City Council Certifies the EIR, the State Water Resource Control Board will proceed with the process of issuing the permit to change the place of use and the purpose of use of treated wastewater. The application for this permit has been accepted by the Board. Protests based on claims of prior water rights have been rejected and a final decision on protests based on environmental issues is awaiting their review of this EIR ��O Council Agenda Report- . .ter Reuse Project - Certification of EL Page 9 Design. An RFP for design services will be issued so that an agreement for design services can be completed shortly after the SWRCB issues the permit. SRF Financing Application.An application for a State Revolving Fund loan will be submitted following Certification of the EIR. Award Construction Contract Upon completion of the above activities a construction contract should be ready for award by the spring of 1998. Alternatives • No Action. If the City Council takes no action on the EK staff should be given directions for subsequent action on this project. Staff could return with a modified EIR, return with a modified project, or return with proposals to take the actions needed to cancel the project. • Moif*Findings and Mtizadon Measures. The City Council could modify the findings and the mitigation measures. This could take several forms: ♦ The Council could make additional findings and determine that additional mitigation measures are necessary. ♦ The Council could make findings of overriding considerations and reduce the scope of the mitigation plan or decrease the amount of water to be dedicated to the public trust resources. A reduction in the amount of water to be released would require further consultation with the U.S. Fish and Wildlife Service. • Modify Scone of the 1'roiect. The City Council could modify the scope of the project'and direct staff to return with a proposal of actions necessary to process the environmental review of the modified project. Summary The City Council is being asked to certify that the Water Reuse Project EIR does adequately describe the project, project impacts, and mitigation measures necessary to reduce the impacts to less than significant levels. The project described in the EIR proposes to reuse up to 2/3 of the water that is reclaimed by the Water Reclamation Facility during summer months. The EIR was prepared by City staff with assistance from professional archeologists, biologists and hydrologists who prepared an Invwdory of Cultural Resourced an Insiream Flow Study a Hydrology and Groundwater Modeling of Lower Sar Luis Obispo Creek a Biological Resource Assessment and Impact Analysis and a Mitigation and Monitoring Plan. The EIR contains comments received from the public and other governmental agencies and responses to those comments. �- 9 Council Agenda Report der Reuse Project.-Certification of EL. Page 10 - - ATTACHMENTS Ezlubits A. Resolution Ceatirying the Environmental ImpactReport for the Water Reuse Project B. Map of Water Reuse Project C. DHS Permitted Uses of Reclaimed Water. D: Summary of Potential Adverse Environmental Impacts and,Proposed Mitigation Measures Copies of the EIR were distributed'separately. Copies are also.available at:955 Morin Street, at the City-County Library and at the Cal Poly Library g-AeaAreuse eir car.doc RESOLUTION NO. (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE WATER REUSE PROJECT(SCH No. 92031048) WHEREAS, the City has published and made available for public review a Draft Environmental Impact Report for the Water Reuse Project, in accordance with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines; and WHEREAS, on March 25, 1997, the City Council conducted a public hearing on the EIR. NOW,THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby certifies, finds, and determines that the Final EIR has been completed in compliance with the California Environmental Quality Act. The Final EIR has been presented to the City Council and has been reviewed and considered by the City Council prior to approval of the project, (which approval shall occur at a subsequent meeting of the City Council). The City Council has reviewed and analyzed the Final EIR and determines that it represents and reflects the independent judgment of the City Council. SECTION 2. The City Council further certifies , finds, and determines that the Final EIR is adequate and that the potentially significant environmental impacts of the project will be reduced to a level of less than significant through the incorporation of the Mitigation and Monitoring Plan (Appendix L) into the project at the time of approval at a subsequent meeting of the City Council. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted on this day of_ 1997. Mayor Allen Settle ATTEST: APPROVED AS TO FORM: City Clerk, Bonnie Gawf taw ty tomKyp6eV6rgensen Exhibit A f I Reservoir ^� 12 to r -f Proposed ' Pu Station j 72; 4.-ITI-.r Proposed . . 8� Sump �\. <<< % � � Station Proposed Storage Ponds, Pump Station and Treatment Facility 20 r I i LUIS ompO : C` Water Reel anon aty Of san Facili - c\ .. . ....... .cirr.00hs...........__. j� LEGEND Proposed Pipeline Route - � Proposed Use Areas i ■ • ■ In •• r Abandoned Unocal Pipeline Possible Future Use Areas w r Alternate Pipeline Route 10 Pipe Diameter i WATER REUSE PROJECT Facilities Map Figure 2-1 Exhibit sI IA Vatar DleirDWnfected Undlalnaxted TefWnr tp7erNej Secondary Secmdary Se=xk" Reclaimed !: Fµi 22 23 Reclaimed Water -1ReeleeaedR Reclaimed Reclaimed Water . Viist�r=l Water Water trrfgatfon of. SLO l Food crops where reclaimed water contacts the edible portion of theCrop Tincludes all edible root Allowed " his `i40owedi Not allowed Not allowed Not allowed Parts and playgrounds AllowedAIbM9d:` Not allowed Not allowed Not allowed Schod yards Allowed tAlI0W8l1s NI allowed Not allowed Not allowed Residential Landscaping Allowed !.9AjkW*dg Not allowed Not allowed Not allowed Unresfiided access golf courses Allowed i lINAI oriW Not allowed Not allowed Not allowed Any otter irrigation use rat prohibited by fitter provisions of the California Allowed ,'Avowed' Not avowed Not allowed Not allowed Code of Regulations Food crops where edible portion above produced ground and std Allowed �{Ailoi�iiaQ�,; Allowed Not allowed Not allowed contacted by reclaurad water n d' Cemeteries Allowed Ii;:A"dvoW Allowed Allowed Not allowed Freeway landscaping Allowed ' . 7Ll11.IiiweQ Allowed Allowed Nat allowed Restricted access golf courses Allowed AIIdHied r. Allowed Allowed Not allowed Ornamental nursery stock and sod farms Allowed '.=AlbwedU Allowed Allowed Not allowed Pasture for milk animals Allowed ;:Albweil Allowed Allowed Not allowed Arty Wnedible vegetation where access is controlled to prevent use as if R Allowed E,:A laWedl Allowed Allowed Not allowed were a park,pWyground or school yard Orchards where reclaimed water does rat contact edible portion of crop Allowed :Al wed Allowed Allowed Allowed Vinayards where reclaimed water does riot contact edible porton of crop Allowed {'Alliitiiref=:lti Allowed Allowed Allowed Nat trees-Christmas trees unto 14 days before public access Allowed mAlktwed f Allowed Allowed Allowed Fodder and fiber crops Allowed ! Allowed`u; Allowed Allowed Allowed Seed crops not eaten by hunsns Allowed 61'IAlld"wi-edjf Allowed Allowed Allowed Food crops that must undergo commercial pathogen-destroying processing Allowed All Allowed Allowed Allowed before consumption by humans Supply for impoundment Nonrestricted recreational impoundments Allowed Nd4 alliiwetl Not allowed Not allowed NotLa=jbwedRestricted recreational Impoundments and fish hatcheries Allowed :RAllgwed Allowed Not avowed Notto wdthout decorative fountains Allowed !�kfwed= Allowed Allowed Not Supply for coofing and air conditioning: Industrial or commercial cooling or air conditioning with coding tower, evaporative condenser,or spraying that creates a mist Allowed j:Ndt 0mlaa et1: Not allowed Not allowed Not allowed Industrial or commercial cooling or air conditioning without cooling tower, Allowed "i,Allowed" Allowed Allowed Not alloyed evaporative condenser,or spraying that creates a mist Vy.!i ,: l Odw uses: Flushing toilets and urinals Allowed "E:'AlkniietLi Not allowed Not allowed Not allowed Priming drain traps Allowedr Allowiec!: Not allowed Not allowed Not allowed Industrial process water that may contact workers Allowed T'Alluwed 4 Not aiwwed Not allowwed Not allowed Structural fire fighting Allowed Not allowed Not allowed Not allowed Decorative fountains Allowed `NAnuYved!;;; Not avowed Not allowed Not allowed Commercial laundries Allowed `?All-W- Not allowed Not allowed Not allowed Consolidation of backfill material around potable water pipes Allowed FW0j nil Not allowed Not avowed Not allowed Artificial snow making for commercial outdoors uses Allowed [+. AlloWW Not allowed Not allowed Not alloyed Industrial holler feedAllowed �mAllo, :"..::---- ; w7etl_: Allowed Allowed Not snowed Nonstructural fire fighting Allowed :-hf owed& Albwed Allowed Not allowed Bacldm consolidation around nonpotable piping Allowed 1;..Wkivredf=r Allowed Allowed Not allowed Soll compaction Allowed "'Alkiwedi.I Allowed Allowed Not allowed Mbdng concrete I Allowed ..HAIkWW,w±I Allowed Allowed Not allowed Dist control on mads and streets Allowed :3A116wed4 AllowedAllowed Not allowed Cleaning roads,sidewalks and outdoor work areas Allowed -A1kiWed;t' Allowed Avowed 1 Nat allowed .:� Flushing sewers Allowed iAllovved- Allowed I Allowed Allowed Exlubit C f-i3 r 06y hV • • • 064 y y r ^L 4G 6i y dwS 5 p+ y N C a IS rt N fA. •C. N� O � _ do IE �j r3 (n v� A 4N0yi COO to .Gp V y °)O E X zO °a g-8 " ° 1 g ra ooo wi 95 Q. 06 �+ Q �i Com' 7 d g 'g.. O r r G W W N C.�.w y o d w p O N � WJ = � a a 0 o O h h r Cd ���jj u O N 3 O O Fy �+ 'C WO C .+ p� 1, >y O ` O O cd Vop 0 �n O 7 Y y ao 3:8 x aw 4 V X G � yy •� L L q � cc C v� tv I W I a 0 9 ani N P a p 9 LD cno w 'NI oQ.� 8 8 � W Z .ny E 8 9 �7 N �,d wj wi � �32to � a Q U 'o 8 L v � N QG ►-7 W G ° ° 3 s 00 tv W w Q 10 O _ o 8 oow s � o a 0 E d G ..... A F � � Fr C _ d 0; r w 06 U 8E CIS o ° � oil 0'oE � 5 � to to -So 4. C3 C 0 .. o CCll CC 0 of = � C � eh 4 .[°. z aap 3 o 3 E _ o �rcc �y� $ u,o ° o T ma n-�'��� m8 � X b o,ono a � Eo WCA 8 06 Q e� m a� abE o �by as ao � b Q A vQ 3U o ° • • • • <� Uva :cant L ,�„ 'fes • • • • • • • • 0 W H Oa p t0 id O '"� R ea E..0. r a � y�j (y3� 0. C a Lr O .0 y L� O.,L� L 1� �" [�1 94 � �rw � 07 � g � 3 E 19 p O Q U O•� S A > r 4Op. 'O p C �1 ^� Op Q e0+ d �C..y. ea M z Oy G OQ, C/I •��x •� y� �u 5 �i � C 0.0 tL�Otl � � G CO a � eon � cc to H t7i o Ua0 U � 3v� aav � 8 a ageS � � o U MAR 20 '97 16 04 FR DFG -BION-3 TO 8Pa57817198 P.02/04 sTATE OF CALVoRN1A.THE gF3O=rS AGENCY _ MEETING AGENDA PETE""U°N•C°�w DEPARTMENT OF FISH AND GAME DATE. V TEM # I °06T OFFICE BOXr' CUNMLLE.CAL146 n 1 L- i101 (707)UA-V40. 4 1 1March 20, 1997 MM 71'r . ENC UNCIL ❑ CDD DIR �+ CITY CLERK ho ❑ FIN DIR SAN LUIS OBISPO,CA AO ❑ FIRE CHIEF RNEY ❑ PW DIR Mr. David Pierce RYCLERKJORIG ❑ POLICE CHF City of San Luis Obispo ❑ MGMT TEAM ❑ jECDIR 955 Morro Street ❑ C FILE WUTILDIR San Luis Obispo, California 93401 ❑ PERSDIR Dear Mr. Pierce_ Final Environmental Impact Report for the City of San Luis Obispo Water Reuse Project SCH# 92031048 Department of Fish and Game personnel have reviewed the Final Environmental Impact Report (EIR) for the Water Reuse Project. The document included a revised Mitigation and Monitoring Plan. It is important that we make a few comments on the Final ETR before the City Council considers certification on March 25 . In our February 1, 1996 comments on the Draft EIR we expressed concern about negative impacts to juvenile steelhead habitat if the Water Reclamation Facility discharge was reduced from 5 . 5 to 1 .7 cfs during the summer months . The response to those expressed concerns was a quotation from our February 27, 1992 letter in which said, "San Luis Obispo Creek currently has little, if any, rearing habitat for steelhead below the wastewater discharge . This is undoubtedly in part because of current water quality, but is also because of degraded habitat in the lower reaches. " This quotation is taken out of context. The main intent of the letter (copy attached) was to provide comments on a proposed study plan by Mr. Thomas Payne . . The reference to little, if any, rearing habitat for steelhead below the wastewater discharge was . primarily based on the poor water quality of that discharge.. It was also in part based on the fact that there is little steelhead spawning habitat in that reach of stream. We do find significant steelhead nursery habitat in. Sari Luis Obispo Creek below the wastewater discharge which is important in maintaining a viable steelhead population. In response to our steelhead concerns, Mr. Paul Cleveland' s comments were cited. Our interpretation of Mr. Cleveland' s comments *is that if the contribution of the wastewater discharge was reduced by the proposed 69 percent the depth of the pools would be reduced to a point where juvenile steelhead would not use them. In his 16-mile field survey of the mainstem of San Luis Aft 20 '97 16:04 FR DFG REGION-3 TO 88057817198 P.03iO4 Mr. David Pierce March 13, 1997 Page Two Obispo Creek, Mr. Cleveland found that 166 out of 210 pools surveyed were located in the seven mile stretch below the Wastewater Reclamation Facility. We maintain that our stated concerns about the loss of juvenile steelhead habitat are still valid. In addition, we object to the use of the quotation from our letter to respond to comments from other agencies and individuals which expressed concerns about negative steelhead impacts since it is not in context with the rest of our 1992 comments. The revised Mitigation and Monitoring Plan is a substantial improvement over the ten potential mitigation measures listed , Section 4 . 3 of the Draft EIR. The revised plan assigns responsibilities and includes provisions for monitoring. The mitigation measures outlined in the plan, when implemented either separately or together, will facilitate minimizing potential impacts to one or more of the identified species of concern . However, the proposed mitigation measures alone will not reduce sensitive species impacts to a level of less than significant. We believe that less than significant impacts to the stream' s public trust resources can only be achieved with minimum discharges greater than the proposed 1 . 7 cfs. We support the goals that the City is trying to achieve with the Water Reuse Project_ Our staffs have made significant Progress toward developing strategies that will achieve these goals and protect the public trust resources of San Luis Obispo Creek. We look forward to the continuation of this cooperative work. If you have questions, please contact Chuck Marshall, Associate Fishery Biologist, at (805) 237-9538; or Carl Wilcox, Environmental Services Supervisor, at (707) 944-5525. Sincerely, Brian Hunter Regional Manager Region 3 cc: See Attached Page /,,,�R 20 '97 16:05 FR DFGREGION-3 TO 88057817198 P.04/04 Mr. David Pierce March 20, 1997 Page Three CC: Mr. Mike Monroe Environmental Protection Agency Regional Water Quality Control Board San Luis Obispo U. S . Fish and Wildlife Service Ventura Mr_ Jim Bybee Habitat Conservation Division National Marine Fisheries Service Santa Rosa Mr. Chuck Marshall Mr. Jim Lidberg Department of Fish and Came �kk TOTAL PAGE.04 �k�k M 'ING AGENDA DAIE ITEM # San Luis Obispo Chamber of Commerce 1039 Chorro Streel San Luis Obispo. California 93401-3_278 March 25, 1997 (805) 781-277 7 • FAX (8001 5 13 1"55COUNCIL e-mail: slo-chamber wslonel or ❑ CDDflDIR . David E. Garth. Pwsidcnl!CEO CAVACAOO ❑ FIN ❑ FIRE ,W,ATMMEY ❑ PW VIA HAND DELIVERY " "fid ❑ POU ❑ MGMTTEAM ❑ REC ❑ C R D FILE f"UTIL Mayor Allen Settle R� ❑ PER City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Certification of the Final EIR Report for the Water Reuse Project Dear Mayor Allen Settle: Over the past decade and a half, the San Luis Obispo Chamber of Commerce has been committed to securing new water sources for the City of San Luis Obispo. The Chamber has been, and continues to be, a staunch supporter of the Water Reuse Project. The Water Reuse Project is one of the most cost-effective water supply options currently available to the City, has few environmental impacts, and the water rights for the project have been established by the State Water Resources Control Board. Tonight, you, as a member of the City Council, are being asked to certify that the Final EIR for the Water Reuse Project adequately describes the project and its impacts and further that the mitigation measures proposed reduce the impacts of the project to less than significant levels. Having reviewed and discussed the Final EIR, the Chamber has determined that the mitigation measures sufficiently address the potential environmental impacts of the project. The Chamber therefore concurs with City Staff's recommendation to certify it as adequate. We urge you to do the same. Thank you for your consideration of our concerns. MAR 2 5 ivy/ clrY CLERK Very Truly Yours, SAN LUIS OBISPo,CA �1 • TEN YEARS Robert L. Griffin Pierre Rademaker Chairman of the Board Water Task Force Chairman ACCREDITED "AMUEP UF CUMf[PCr �fsN LUIS OBISPO COUNTY • die uam Tribune 3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION DV#72996-0-4 City of SLO STATE OF CALIFORNIA, ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen review in the City Clerk's and not interested in the above entitled matter; I am :r city Of once (Room m at City now, and at all times embraced in theublication iii san full 081sp Hall,990 Palm Street)and P at the Utilities Department' herein mentioned was, the principal clerk of the CITY COUNCIL PUBLIC (995 Morro Street). HEARINGS For more information, printers and publishers of the SAN LUIS OBISPO On Tuesday,March 25, please call Dave Pierce, COUNTY TELEGRAM-TRIBUNE, a newspaper of City the San Luis Obispo aWatert 781 Projects Manager, City Council will hold a at 781.7239. general circulation, printed and published daily, public hearing to consider If you challange the certification of the Final proposed action de- Sundays excepted, at the City of San Luis Obispo in Environmental Impact Re-(scribed above in court, the above named county and state; that notice at port for the Water Reuse you may be limited to Project (formerly knownraisingonly those issues which the annexed clippings is a true printed copy, as the Water Reclamation you or someone else published in the above-named and Project).The meeting will raised at the public hear was newspaper er - P P P begin at 7:00 p.m. in the ing described in this no. not in any supplement thereof - on the following iLiBRARY COMMUNITY tice, or in written corre- dates,to-wwit: March 15, 1997 ROOM, 995 PALM spondence delivered to STREET. A copy of the the City Council at, or that said newspaper was duly and regularly final EIR is available for prior to, the public hear- ascertained and established a newspaper of general --- �TYOF circulation by Decree entered in the Superior Court SAN LUISOBISPO of San Luis Obis County, State of California, on Bonnier Gawf, PO ty. City Clerk June 9, 1952, Case #19139 under the provisions of Mar.15,1997 dv72996 Chapter 1, Division 7, Title of the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing is true and correct. ri�'tjljeaa - ignature of nclpal lerk) Date: March 15, 1997 RESOLUTION NO., 826.4 (1994 Series) REVISING POLICY RP-GAR- DING THE Ust OF RECLAIMED WATER 4 WHEREAS. the City Council adopted Resolution 7__ regarding the 024 �(1991 series regarding. policy 12 use Of reclai MeJ 'water WHEUAS). City-policy is to PUMe a 'Wattr reuse program to S�upplem I :the -City's water`supply, and WHEREASi, by offset6fig able Water usewith - jaime4 %Apaj r. the the current non=p9ta rec CitY. Would be.able to avoid demands on the safe . __c . Mm�J yield from iu other wvu sounts .3pd WHEREAS, using reclaimed, water to re Pla—c-e or au —mkt :that U ff for irrigation sed making more u.dlor other non use would low 'he 4. d om privatewiljs water available for potable use and lower rate of w, th---rawal from the basin NOWI. Tim-RIEFORE by the City Qouncil,o_ City of San:Luis ) B5 IT RE�01__V�D Obispo th2 t"RtSol u ti on. 7024. (1991 so-ri s) _"RESOLVED,' -f the her0by rescinded. BE IT RE SoLvED I that City policy-cY fC`adi-9 fc—cla3Med water use �Iate$ emphasis onoffsetting potable water demanfor Mn-P0table use and minimizingtlie.amount _f;Sro.undpwater 0 pumped for n0n,-potab use. BE IT RBSOLVED, that in ke4pingfwith Stated water ralarnati water project should be cost effective when c Cga, reclaimed ompared to deve, loping 4 Rew potable water source. BB IT FURTHF R R.ESOL that the followin is the City p approving reclaime 9 _01icy guideline :for water Projects. If demand for cat 60TY 1 is Inet; the could be distributed 'n recl�drll to category t4 water CATWORY I New ii-" atOn/nOn- " -'_ -n . I -_ 1p p0abje.w.attrUs" Withb development approved focwstruc6onWithinthe City, and apPrQVedf6rc6_neCjGhto the Ater system, City ,' System. * Existing,irri9403/non-p6tab16 water uses u. Qpn6ected to theCity water system,. 0 Existing irrigation/non-pb tabje'bkswithin. ,tire Urban Reserve Line with o -without oonhemi6n&to.the dtY,water r WA f Systerh whjqh ,gjjffpjoy private nOn-potable water reqmir.cments'. Vale Wdl$ to supply or augment Maintaining creek flow for existing insrrcAm -uses � N - Figure 8. r LLJ cr >, 001 a� ch c - i - 1 p ep ) c�U N N N• pp (44 !ooaL. j) rnm Figgie 13. LU L -- i' co i UL ULlow tar cul LU uiIO), (Q LL � _ I C�9 UJ Q1 :z - I .r i i ADO {O. I_ �• ,�. ..@ .. ,;rte` „O; �� , VAM • i i ST]_vVM 4RY OF MODELED DR -A MOWS -Zoo min�iumrelease - _ June lily August Septemiber r Octob �-November low at WRF 6.1�c s` 0 02 efs 0.00 cfs"-" 0.$8c s _.06 c s &.68 cffa I'ow Location at which flow dropsbelow 1icated vafue 3 0.cfs, -- -- 20.cfs , - - I 86 1.0 cfs• - - 0..0 cfs i0 �7upe my August 5epteinber --Octch'er weber Flow CWRF 1-.35-cfs-- E1.02 cfs 0.95 cfs -9.94 cfs 206 cfs 4:68-cfs low - Location at which flow drops below end cafedvalue 4.0 cfs _ - - - 3.0 cfs 2.0 cfs - -,• �= - --2 - -98 - - -- .. - 1.10 C6, __ 10 �_.__ _ _ 0 cfs 64. __ Propose project_-- 1.7 cfs _ Minimum— ow _.ropo�e: �o,� - -- ve uly� August September Oc obeF ovet�ber Flow at. -2-.03-c - '1.72 cfs 1164 Ic fs --T-64.cTs---1, -06 cfs A.68 efs Flow- j 40�CPs - -_ --' - drops bel-ow ndicated valU 3.0 -��- cfs: ---- -- -2 ¢ IL0 cfs. 53 + U efs=- 99 i 63 - 54 : _ ---73 -+ -- _.BCS I - _nl�n�►Ih Flow • � - ;---June -- -- July �Augusr- Septe�•ber October November Flow at WRF 3:33 cfs- `3.02 cfs - - - 2 94 cfs 2.94 cfs 4.68 pfs Flowops bellow indicated valua - 4.0 cfs _ cation at which flow dr 73 __ ---- 1'.0 cfs 11 f-- - -- - -101 2 - 66- q� _ d 2, c s 66- =- 44- 33 52 .+ .. . �,� ' OA+cfs 7 101 -- —96 + + Indicates.that flow never .reaches this value + Indicates that flow never drops below this value USE OF TABLE: Example; For the proposed 1.7 cfs'Minimum _Pr*ttin.Juge. Tho-flow immediately downstream of the'WRF is 2.03 cts, the flow drops below 2.0,ofs%at swion 2, the flow drops below 1:0 cfs at station 59 and there 4s no flow•at station 99. i2.9 1 -- - 7 ! ,19 20 27 16 - 17 16 _ _ - 31 32'. Agora St. 3- .. Q�nter10-.4'6 '35 37 } hw8 101 ---- --------------- i1�ereha8bg- ; , 4 Davenport Creek 4 , 20 21 a LaealtQn_oi ta381 W&M IM 5 i� N '�• Oak Stream-QUAM&—WAftry 5- r_Rubt_ic�igad'Sbrvey . 55 . SeClbu� � 2.9 ---' ------- - ------ _ - 64 6. 6 X69 San.�otg-Ba 74 73 11 Vis. X75 ' - 77. 76. " to 79...78 81 80 "82 100 83 84' . 98' 798 7 85 . 9ga 88 . . a moo 2 90' 'pot Locations of Calculated stream Flow