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Environmental Section

Environmental Section. Lead Agency Roles Responsible Agency Roles Review Process for Encroachment Permit Applications. CEQA Guidelines . Public Resources Code California Code of Regulations Procedures for the orderly evaluation of projects Self-executing statute.

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Environmental Section

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  1. Environmental Section Lead Agency Roles Responsible Agency Roles Review Process for Encroachment Permit Applications

  2. CEQA Guidelines • Public Resources Code • California Code of Regulations • Procedures for the orderly evaluation of projects • Self-executing statute

  3. Corps – Board Sponsored Project • American River Common Features Project • Increasing American River’s capacity • Accommodates Folsom Dam Modifications Project

  4. CEQA - Lead Agency CEQA Guidelines Section 15300 Board determinations for Categorical Exemptions Filing of a NOE begins a 35 day statute of limitations on legal challenges

  5. CEQA - Lead Agency Future – Lead Agency Roles Board has principal responsibility for carrying out or approving the project Reimbursable Authority $8 million annually

  6. CEQA – Responsible Agency Process Responsible Agency: • Review the Lead Agency’s CEQA document. • Rely on Lead Agency’s documentation, but prepare independent findings. • Must consider Lead Agency’s CEQA document legally adequate.

  7. State Clearinghouse Noticing Process Lead Agency submits EIRs/Negative Declarations to the State Clearinghouse State Clearinghouse Distributes Documents to State Agencies State Agencies (Board) submits comments to Lead Agency and SCH State Clearinghouse sends all Comments to Lead Agency Lead Agency receives comment letters and incorporates comments on Final document

  8. Environmental Review of Encroachment Permits Application Environmental Review Engineering/Technical Review Categorical Exemption Initial Study or EIR Hydraulic/Geotechnical and Title 23 Compliance Determine no significant effect Mitigation Measures/Significant Unavoidable Impacts Staff Report and Recommendations Staff Report Findings and SCH Filings (Notice of Exemption) Staff Report Findings and SCH Filing (Notice of Determination)

  9. CEQA Process for Encroachment Permits Board Permit Conditions related to CEQA: “The mitigation measures approved by the CEQA lead agency and the permittee are found in its Mitigation and Monitoring Reporting Program (MMRP) adopted by the CEQA lead agency. The permittee shall implement all such mitigation measures.” “The permittee shall defend, indemnify, and hold the Central Valley Flood Protection Board and the State of California, including its agencies, departments, boards, commissions, and their respective officers, agents, employees, successors and assigns (collectively, the "State"), safe and harmless, of and from all claims and damages related to the Central Valley Flood Protection Board's approval of this permit, including but not limited to claims filed pursuant to the California Environmental Quality Act. The State expressly reserves the right to supplement or take over its defense, in its sole discretion.”

  10. QUESTIONS ?

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