PINE COVE WATER DISTRICT

RESOLUTION NO. 467

RESOLUTION ADOPTING NOTICE OF EXEMPTION

PURSUANT TO CEQA GUIDELINES SECTION 15301(b) IN CONNECTION

WITH APPLICATION FOR RECOGNITION OF EXISTING FACILITIES CONSISTING OF WELLS 01A, 03, 06, 07, 09, 11, 13, 14, 16, 17, 18, 19, 20, IWD INTERTIE & ROCKY POINT AERATION PLANT UNDER SINGLE WATER SUPPLY PERMIT ISSUED BY CALIFORNIA DEPARTMENT OF PUBLIC HEALTH

WHEREAS, the Board of Directors (the “Board”) of the Pine Cove Water District (the “District”) considered the approval of an application to the California Department of Public Health (“CDPH”) for the recognition of Wells 01A, 03, 06, 07, 09, 11, 13, 14, 16, 17, 18, 19, 20, the IWD Intertie and Rocky Point Aeration Plant under a single CDPH Permit(the “Project”), all of which are existing District facilities; and

WHEREAS,including these existing District facilities within the permit issued by the CDPH will subject these facilities to the regulatory oversight of the CDPH, including ongoing maintenance and repair activities; and

WHEREAS, the California Environmental Quality Act (“CEQA”) requires a lead agency to consider the potential environmental effects of any project. Because the District’s facilities and operations authorized under the CDPH Permit may be subject to CEQA, the District must consider what level of CEQA review is appropriate in this case; and

WHEREAS, the Board has analyzed the existing facilities pursuant to CEQA, and determined that the activity in question is exempt from CEQA under 14 Cal.Code Regs. Section 15301(b); and

WHEREAS, the Projectis exempt from CEQA review because it involves the inclusion of existing facilities not previously covered by a CDPH Permit, to be recognized under a single CDPH Permit, and because the Project only involves the modification of a permit to include existing facilities and does not involve the construction or expansion of existing facilities; and

WHEREAS, the CDPH has indicated that it will file a Notice of Exemption upon the permit issuance.

NOW, THEREFORE, the Board of Directors of the Pine Cove Water District hereby finds, determines, and orders as follows:

Section 1. The foregoing recitals are hereby adopted as true and correct.

Section 2. The Board has reviewed and analyzed applicable law and determined that the Project is exempt from CEQA pursuant to 14 Cal.Code Regs. Section 15301(b).

Section 3. The District is applying to the CDPH for the inclusion of existing facilities not previously covered by a CDPH Permit, for recognition under a single CDPH Permit. No new construction, replacement or reconstruction is proposed as part of the Project. Therefore, it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment. As a result, the exemption of CEQA Guidelines Section 15301(b) applies and the Project is exempt from CEQA.

Section 4. In light of the foregoing, the Board adopts the Notice of Exemption, attached hereto as Exhibit 1 and finds that the Project is exempt from CEQA review.

Section 5. The Board directs staff to file the Notice of Exemption, attached hereto as Exhibit 1, with the Office of Planning and Research and the CountyClerk of the County of Riverside pursuant to CEQA Guidelines Section 15062.

The foregoing Resolution was adopted by the Board of Directors of the Pine Cove Water District at a meeting of the Board on August 10, 2011, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Tom Mc Cullough, President of Pine Cove Water District Board of Directors

Attest:

______

Becky Smith, District Secretary

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