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Home My WebLink About10/24/2017 Item 6, Hill ��1'��"��'_,�"��a�:;�� ..b,.��^°.�,,�Zc��r ��'�;I"� �v"C�. � ...� �D ��,�,�� Co��nci� �err�or��u�du�i� .... �� . _ _ _ � _ � , . - � , r� October 24, 2017 � tl��'1f� �� , � TO: Mayor and City��ta��il � FROM: Derek J�rh��fi "ity Manager VIA: Robert A. Hill, Natural Resources Manager SUBJECT: Agenda Item No. 6 — Mitigated Negative Declaration for Laguna Lake Dredging and Sediment Management Project A member of the public has raised concerns pertaining to the proposed Initial Study/ Mitigated Negative Declaration for the Laguna Lake Dredging and Sediment Management Project on tonight's City Council agenda as Consent Item No. 6. The concerns that were expressed are each addressed separately in italics, below: 1. There is great concern about the water quality and toxic hazard implications due to the presence of Hexavalent Chromium in the sediment. , This issue has previously been discussed with City Council and in a public meeting with neighbors hosted at Laguna Middle School. As this has been an issue of concern, the City hired Langan Environmental to conduct a formal Human Health RiskAssessment(HRRA) that concludes there is no unacceptable risk to surrounding receptors based on U.S. EPA risk management standards (1E-06 to 1E-04). The HRIZ�1 is cited as a source�•efe�°e�ace i�a the Initial Study. In addition, there are nine separate mitigation measures proposed pertaining to dust and possible exposure pathways. 2. The City has not undertaken any meaningful surveys and therefore cannot determine whether any special status plants would be affected. Rincon Consultants conducted a Biological Resources Assessment that identified numerous rare plants. The Biological Resources Assessment is Appendix C to the ��r��la�a�tr��°�,�;�'r�e�c��ra�1��a��previously reviewed by Council and available on the City's website (see pages 25-27, Figure S, and pages 32, 35-36). It is cited as a source reference in the Initial Study. The project will not be located near any of the identified rare plant populations present in the upland areas of Laguna Lake Natural Reser-ve. 3. The City has not really analyzed the extent to which special status species such as redlegged [sic] frog("frog") would be affected by this project. Everything is deferred, which is only appropriate in very rare circumstances. Rincon Consultants conducted a Biological Resources Assessment that evaluated habitat suitability for California red-legged frog (Rana draytonii). The Biological Resources Laguna Lake Dredging and Sediment Management Project Page 2 Assessment is Appendix C to the Preliminary Dredging Report previously reviewed by Council and available on the City's website (see pages 27, 29, and 39). It is cited as a source reference in the Initial Study. In addition to the pre project habitat assessment work completed by Rincon, it is common practice to do pre-construction surveys in advance of project work. Proposed mitigation measures BIO-l0a through BIO-IOd are designed to avoid and minimize potential adverse effects. 4. There is no evidence to show the City has made any real effort to contact and consult with Fish and Wildlife Service or the State Fish Wildlife. The State agency will be required to use this negative declaration for the purpose of their own 1602 permit (and the Regional Board as well for its water quality analysis). Staff has had informal pre project contact and discussions with CDFW, RWQCB, APCD, USACE, and NOAA Fisheries during the course of developing the subject project. Formal consultation (Section 7 Biological Opinion, etc.) takes place through the regulatory agency permitting process that follows the CEQA process. 5. In its current state, the negative declaration cannot adequately inform the public, the city council or the responsible agencies. We have received back a letter from the State Clearing House that the City has met its requirement under CEQA for review by responsible agencies (and no responsible agencies commented on the project). The City also conducted the required notifications to interested California Native American tribes traditionally and culturally affiliated with the project area,pursuant to AB 52 and PRC 21080.3.1. Please feel free to be in touch with Natural Resources Manager Robert Hill at��1�� r��1c��t ,�or byphone at (805) 781-7211. ��1� `��l� , � �� 1 �a��I�� '��i� Hill� Robert From: Harmon, Heidi Sent: Tuesday, October 24, 2017 11:42 AM To: Babak Naficy Cc: Codron, Michael; Hill, Robert Subject: Re: Laguna Lak Thank you for this Babak-I am copying key staff here to get you some clarity on this issue. Hey there thanks for this. I do still use this email but can you send this to my city email since it's pertaining to city business. Sent from Yahoo Mail for iPhone On Monday, October 23, 2017, 3:58 PM, Babak Naficy c�a�k��k��f�� k�s� Ic��,�N.n��'a wrote: Heidi, Hi, I am planning on writing a more detailed letter to the City, but I wanted to send you a quick note to alert you to many deficiencies in the proposed negative declaration forthe Laguna Lake Dredging Plan. the City has not undertaken any meaningful surveys and therefore cannot determine whether any special status plants would be affected. Further, the City has not really analyzed the extent to which special status species such as redlegged frog("frog")would be affected by this project. Everything is deferred,which is only appropriate in very rare circumstances. There is no evidence to show the City has made any real effort to contact and consult with Fish and Wildlife Service or the State Fish Wildlife. The State agency will be required to use this negative declaration for the purpose of their own 1602 permit(and the Regional Board as well for its water quality analysis). In my estimation, in its current state,the negative declaration cannot adequately inform the public,the city council or the responsible agencies. Why isn't this going to the planning commission first? babak PS. I don't know if you still use this email, so can you please let me know whether you got this email? Babak Naficy Law Offices of Babak Naficy 1540 Marsh Street,Suite 110 San Luis Obispo, Ca 93401 babaknaficy@sbc�lobal.net � " r,�w v�r.�n�f�e�r��w.+ct�� 805-593-0926 phone 805-593-0946 fax This e-mail, and any attachments hereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail,you are hereby notified that any dissemination, distribution or copying of this e-mail, or any attachment hereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and permanently delete the original and any copy of this e-mail and any printout hereof. Babak Naficy Law Offices of Babak Naficy 1540 Marsh Street, Suite 110 San Luis Obispo, Ca 93401 b.a.b.a k.n.a.f.l.c�'.@ s b c ql ob a l�ne t wwweriaficylawecom �8m05m-593-092.5mmpmhone 805-593-0946 fax ��. This e-mail, and any attachments hereto, are intended only for use by the addressee (s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, or any attachment hereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and permanently delete the original and any copy of this e-mail and any printout hereof. 2