PROJECT TITLE: (Applicant Name/Business Name) Application to Appropriate Water

DRAFT INITIALSTUDY January 2017

INITIAL STUDY

I. BACKGROUND

PROJECT TITLE: (Applicant name/Business name) Application to Appropriate Water

APPLICATION: A0XXXXX

APPLICANT: Applicant name and address

APPLICANT’S CONTACT PERSON: Agent name and address

General Plan Designation:

Zoning:

Introduction

Include applicant name, application number, and dates filed. Describe the diversion amount (acre-feet), rate (cubic feet per second), and type (direct diversion/storage), location of project (using nearby landmarks such as towns/cities), location of source (Point(s) of Diversion), purpose of use, and season of diversion (from --- to ---).

Example: On [date], [applicant name] filed an application to appropriate water by permit (A0XXXXX) with the State Water Resources Control Board (State Water Board), Division of Water Rights (Division). The Applicant is seeking the right to appropriate water from [source stream] tributary to ______, thence ______, thence the Pacific Ocean in the County of ______. The Applicant is proposing to construct a reservoir for storage of __ acre-feet (af) of water diverted from XXXX(source). The appropriated water will be used for ______. [Source Stream] is located within the ______watershed, approximately ___ miles (north, south, east, west) of [nearest town/city/landmark](reference location map if applicable).

Include detailed project description information as applicable. Information may include:

Maximum diversion amount (af) and rate (cfs)
Type of diversion (direct diversion/storage)
Season of Diversion
Location and source of Points of Diversion (PODs)
Details of diversion such as size and type of dam or storage facility, season of diversion, means of distribution to the Place Of Use (POU)
Purpose of Use
Place of Use table (reference site maps)
Additional source of project water (percolating groundwater wells, purchased water, riparian)

Project Background

Include information regarding the history of the project such as the date of public notice, the dates and status of protests, and descriptions of protest resolutions

Environmental Setting and Baseline

Briefly describe habitat type(s) including sensitive habitat at the project site, elevation, climate, surrounding land use, special status species, and potential habitat for special status species. These items will be explained in detail in the biological resources section. Include a general summary of documentation from field visit(s), surveys, and reports. Identify the baseline date used for evaluation of the project. Summarize the project components included in the baseline and those which are to be evaluated.

The following sample table may be used to summarize the information included in this section:

Existing Project Components at Baseline / CEQA Baseline Date / Project Components
Reservoir 1 (capacity 10 af) and existing POD 1 / July 9, 2010 / Expansion of Reservoir 1 to 40 af capacity
50 acres of existing vineyard / Planting of 30 acres of proposed vineyard

For partially existing projects, identify components of the pending application or petition that are existing. As existing features generally fall within the CEQA baseline, impacts of these features will not generally be evaluated in the CEQA document. Note that those with the potential to affect public trust resources will be addressed separately under public trust considerations.

Regulatory Environment

If State Water Board is lead agency, include the following: “The State Water Board is the lead agency under CEQA with the primary authority for project approval. In addition, the following responsible, trustee, and federal agencies may have jurisdiction over some or all of the proposed project:”

Include a list of responsible, trustee and federal agencies with a brief explanation of the area of jurisdiction. For example:

California Department of Fish and Wildlife (CDFW) – Lake orStreambed Alteration Agreement, California Endangered Species Act (CESA) Compliance
______Regional Water Quality Control Board – Clean Water Act section 401 Water Quality Certification
County of ______- County Use Permit
National Marine Fisheries Service (NMFS) – Consultation pursuant to Sections 7, 9, and 10 of the Endangered Species Act (ESA) regarding protection of plants and wildlife that are listed as endangered or threatened
U.S. Army Corps of Engineers (USACE) – Clean Water Act section 404 Permit

The following CDFW link provides definitions of Responsible, Trustee, and Lead Agencies:

Initial Study for Application 000000Page 1

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II. ENVIRONMENTAL IMPACTS CONSIDERED UNDER CEQA

The environmental factors checked below could be potentially affected by this project. See the checklist on the following pages for more details.

All sections should include a complete explanation of reasons the environmental factor could or could not be potentially affected by the project. Where applicable, a regulatory setting should be clearly defined as it relates to the environmental factor. A “No Impact” answer must be adequately supported by referenced information sources or explained if it is based on project-specific factors as well as general standards. All answers must take account of the whole action involved including direct, indirect, and foreseeable future impacts.

Aesthetics / Agriculture and Forest Resources / Air Quality
Biological Resources / Cultural Resources / Geology and Soils
Greenhouse Gas Emissions / Hazards and Hazardous Materials / Hydrology and Water Quality
Land Use and Planning / Mineral Resources / Noise
Population and Housing / Public Services / Recreation
Transportation/Traffic / Tribal Cultural Resources / Utilities and Service Systems
Mandatory Findings of Significance

Initial Study for Application 000000Page 1

(01/2017)

1. AESTHETICS

Would the project:

Issues (and Supporting Information Sources): / Potentially Significant Impact / Less than Significant with Mitigation Incorporated / Less-than-Significant Impact / No Impact
a)Have a substantial adverse effect on a scenic vista? /  /  /  / 
b)Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? /  /  /  / 
c)Substantially degrade the existing visual character or quality of the site and its surroundings? /  /  /  / 
d)Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? /  /  /  / 

Provide a response to each of the above questions justifying the selected level of impact. Responses may require:

Descriptions of potential impacts to aesthetics such as existing distant and immediate views, views of construction vehicles, off site views of diversion structures, and continuity with surrounding land use.
Identification and description of specific mitigation terms, if applicable.
Explanation of how each term mitigates for potential impacts (i.e. how will the mitigation reduce the potential impact to less-than-significant).

For improved clarity it is highly recommended that questions be analyzed sequentially in accordance with the checklist above and that each response is labeled appropriately (i.e. a, b, c, and so forth).

2. AGRICULTURE AND FOREST RESOURCES

Would the project:

Issues (and Supporting Information Sources): / Potentially Significant Impact / Less than Significant with Mitigation Incorporated / Less-than-Significant Impact / No Impact
a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping andMonitoring Program of the California Resources Agency, to non-agricultural uses? /  /  /  / 
b)Conflict with existing zoning for agricultural use, or a Williamson Act contract? /  /  /  / 
c)Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? /  /  /  / 
d)Result in the loss of forest land or conversion of forest land to non-forest use? /  /  /  / 
e)Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? /  /  /  / 

Provide a response to each of the above questions justifying the selected level of impact. Responses may require:

Descriptions of the site designation according to the County General Plan, local policies or programs, municipal code, and/or the Williamson Act contract as well as any changes to this designation.
Identification and description of specific mitigation terms, if applicable.
Explanation of how each term mitigates for potential impacts (i.e. how will the mitigation reduce the potential impact to less-than-significant)

For improved clarity it is highly recommended that questions be analyzed sequentially in accordance with the checklist above, and that each response is labeled appropriately (i.e. a, b, c, and so forth).

References:

Williamson Act Program -
California Agricultural Land Evaluation and Site Assessment Model -
California Department of Forestry and Fire Protection -
Forest and Range Assessment Project -
Forest Legacy Program -
California Air Resources Board, forest protocols -
Regional Water Quality Control Board Timber Harvest Programs

3. AIR QUALITY

Would the project:

Issues (and Supporting Information Sources): / Potentially Significant Impact / Less than Significant with Mitigation Incorporated / Less-than-Significant Impact / No Impact
a)Conflict with or obstruct implementation of the applicable air quality plan? /  /  /  / 
b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation? /  /  /  / 
c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? /  /  /  / 
d)Expose sensitive receptors to substantial pollutant concentrations? /  /  /  / 
e)Create objectionable odors affecting a substantial number of people? /  /  /  / 

Provide a response to each of the above questions justifying the selected level of impact. Responses may require:

Descriptions of the local air basin and Air Quality Management District, emission concerns, and activities that may degrade air quality.
Identification and description of specific mitigation terms, if applicable.
Explanation of how each term mitigates for potential impacts (i.e. how will the mitigation reduce the potential impact to less-than-significant).

References

Federal Clean Air Act National Ambient Air Quality Standards –
California Air Resources Board State Ambient Air Quality Standards –
URBEMIS 2007 Version 9.2.4 model of short term construction generated emissions –

4. BIOLOGICAL RESOURCES

Would the project:

Issues (and Supporting Information Sources): / Potentially Significant Impact / Less than Significant with Mitigation Incorporated / Less-than-Significant Impact / No Impact
a)Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS? /  /  /  / 
i)Result in a substantial increase or threat from invasive, non-native plants and wildlife? /  /  /  / 
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS? /  /  /  / 
c)Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the federal Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? /  /  /  / 
d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory corridors, or impede the use of native wildlife nursery sites? /  /  /  / 
e)Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? /  /  /  / 
f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? /  /  /  / 

Provide a response to each of the above questions justifying the selected level of impact. Responses may require:

Descriptions of the environmental setting, findings of the Biological Survey, and explanation of whether or not there are potential impacts to habitat types and special status plant and wildlife species, including special status fish species.
Identification and description of specific mitigation, if applicable, such as stream setbacks, mitigation plans for onstream dams, and Clean Water Act section 401/404 mitigation.
Explanation of how each term mitigates for potential impacts (i.e. how will the mitigation reduce the potential impact to less-than-significant).

References:

CDFW Survey Guidelines -
CDFW California Natural Diversity Database (re-check database for updates since completion of biological survey and review consistency with data use guidelines) -
CDFW Species Information -
CA Native Plant Society -
Species Designation
Federal Register -
ACOE Wetland Delineation -
Significant Natural Areas -
California Cooperative Anadromous Fish and Habitat Data Program -
DFG/NMFS Draft Guidelines for Maintaining Instream Flows to Protect Fisheries Resources Downstream of Water Diversions in Mid-California Coastal Streams -
State Water Board Policy for Maintaining Instream Flows in Northern California Coastal Streams
County website – (county ordinances)
Local Watershed Group websites
Regional Conservation District website

5. CULTURAL RESOURCES

Would the project:

Issues (and Supporting Information Sources): / Potentially Significant Impact / Less than Significant with Mitigation Incorporated / Less-than-Significant Impact / No Impact
a)Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? /  /  /  / 
b)Cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5? /  /  /  / 
c)Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? /  /  /  / 
d)Disturb any human remains, including those interred outside of dedicatedcemeteries? /  /  /  / 

Provide a response to each of the above questions justifying the selected level of impact. Responses may require:

Descriptions of the cultural resources study and any prehistoric, newly identified, or historic resources.
Identification and description of specific mitigation terms, if applicable.
Explanation of how each term mitigates for potential impacts (i.e. how will the mitigation reduce the potential impact to less-than-significant).

References:

California Historical Resources Information System -
Native American Heritage Commission -
Instructions for Recording Historical Resources -
Archaeological Resource Management Reports (ARMR): Recommended Contents and Format -

6. GEOLOGY ANDSOILS

Would the project:

Issues (and Supporting Information Sources): / Potentially Significant Impact / Less than Significant with Mitigation Incorporated / Less-than-Significant Impact / No Impact
a)Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: /  /  /  / 
i)Rupture of a known earthquake fault, as delineated in the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication42. /  /  /  / 
ii)Strong seismic ground shaking? /  /  /  / 
iii)Seismic-related ground failure, including liquefaction? /  /  /  / 
iv)Landslides? /  /  /  / 
b)Result in substantial soil erosion or the loss of topsoil? /  /  /  / 
c)Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? /  /  /  / 
d)Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? /  /  /  / 
e)Have soils incapable of adequately supporting the use of septic tanks or alternate wastewater disposal systems where sewers are not available for the disposal of wastewater? /  /  /  / 

Provide a response to each of the above questions justifying the selected level of impact. Responses may require:

Description of the project location with respect to nearby Alquist-Priolo Earthquake Fault Zones, potential hazards, potential for erosion, soil types, and site topography (either in the response, in the regulatory setting or both).
Identificationand descriptionof specific mitigation terms, if applicable.
Explanation of how each term mitigates for potential impacts (i.e. how will the mitigation reduce the potential impact to less-than-significant).

For improved clarity, it is highly recommended that questions be analyzed sequentially in accordance with the checklist above, and that each response is labeled appropriately (i.e. a, b, c, and so forth).

References:

Geologic Hazards and Regulatory Hazard Zones -
California Geological Survey -
Soil Maps -

7.GREENHOUSE GAS EMISSIONS

Would the project:

Issues (and Supporting Information Sources): / Potentially Significant Impact / Less than Significant with Mitigation Incorporated / Less-than-Significant Impact / No Impact
a)Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment, based on any applicable threshold of significance? /  /  /  / 
b)Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? /  /  /  / 

Provide a response to each of the above questions justifying the selected level of impact. Responses may require:

Descriptions of any potential impacts.
Identificationand description ofspecific mitigation terms, if applicable,
Explanation of how each term mitigates for potential impacts (i.e. how will the mitigation reduce the impact to less-than-significant).

References:

California Code of Regulations section 15064.4

8. HAZARDS ANDHAZARDOUS MATERIALS

Would the project:

Issues (and Supporting Information Sources): / Potentially Significant Impact / Less than Significant with Mitigation Incorporated / Less-than-Significant Impact / No Impact
a)Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? /  /  /  / 
b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? /  /  /  / 
c)Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school? /  /  /  / 
d)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would it create a significant hazard to the public or to the environment? /  /  /  / 
e)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or a public use airport, would the project result in a safety hazard for people residing or working in the project area? /  /  /  / 
f)For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? /  /  /  / 
g)Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? /  /  /  / 
h)Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? /  /  /  / 

Provide a response to each of the above questions justifying the selected level of impact. Responses may require: