5. Environmental Review
D.03-09-022, issued in A.97-03-052, designated the Commission as the lead agency for environmental review of the Coastal Water Project. Cal-Am's proposal to build, own, and operate the Coastal Water Project is subject to environmental review under the California Environmental Quality Act (CEQA).11 The CEQA review evaluates the proposed project and other alternatives that can address the water supply situation, as well as a no project alternative.
Pursuant to its usual practice, the Commission retained outside consultants to prepare the DEIR and FEIR for the proposed project and alternatives. The Commission's Energy Division Staff managed the environmental review process. The process of preparing the DEIR and FEIR included the steps described below, which offered numerous opportunities for public involvement and were designed to maximize agency and public input for the Coastal Water Project environmental review process.
The scoping process for the Coastal Water Project consisted of five elements:
1. In accordance with §§ 15063 and 15082 of the CEQA Guidelines, the Commission prepared a Notice of Preparation (NOP) for this EIR and Notice of Public Scoping Meetings soliciting comments from affected public agencies, as required by CEQA, as well as from the public;
2. Public scoping meetings and meetings with agencies;
3. Summarization of scoping comments in a Scoping Report;
4. Distribution of the Scoping Report and scoping comments as appropriate to the commenting agencies, to scoping meeting attendees, and to the EIR team members for use in work planning and impact analysis; and
5. Establishment of an Internet website
(www.CWP-EIR.com) and an electronic mail address (www.cwp-eir.com/notify.html).
The Commission issued the NOP on September 26, 2006 and distributed it to the State Clearinghouse and city, county, state and federal agencies, affected state and federal legislators, local elected officials, news publications, and other groups or individuals who had previously expressed interest in the project. Interested parties received over 30 days to submit comments regarding the content of the EIR. Copies of the NOP were distributed by mail and at scoping meetings. Approximately 230 copies were distributed.
In addition, the Commission prepared a Notice of Availability of the NOP in English, Spanish, and Mandarin, in order to notify potentially interested members of the public about the availability of the NOP. On October 4, 2006, approximately 38,000 copies of the Notice of Availability were distributed by mail to all Cal-Am and MCWD ratepayers, as well as to owners of properties adjacent to some of the proposed facilities. Copies of the NOP were made available for public review at 17 public libraries within Monterey County. The NOP and Notice of Availability were also accessible on the Commission's Coastal Water Project website.
Scoping meetings were held prior to selection of alternatives to be studied in order to receive input from the public regarding the proper scope and content of the EIR. The 30-day project scoping period remained open through November 9, 2006. The scoping process was also used to identify alternatives and mitigation measures that should be considered in the analysis.
Four public scoping meetings were conducted in Castroville, Monterey, and Seaside as part of the EIR scoping process. An initial mailing list was developed based on Cal-Am's precursor application, as well as agencies, groups, and individuals with an interest in the Proposed Project identified by the EIR team. The Notice of Scoping Meeting was mailed to over 38,000 individuals, groups, and government agencies identified for the mailing list. The dates, times, and locations of the four scoping meetings were included in the NOP mailed to affected agencies and parties to this proceeding, about two weeks in advance of the meetings. The information was also posted on the Commission's project website and Staff published ads in The Carmel Pinecone (in English), El Sol (in Spanish), The Salinas Californian (in English), and the Monterey Herald (in English, Spanish, and Mandarin).
The Commission received 40 unique letters, e-mails, and faxes commenting on the proposed project during the scoping period. Commission staff also received comments during the scoping meetings and numerous comments were recorded on the flip-charts used during the scoping meetings. In all, approximately 45 people attended the scoping meetings. On December 22, 2006, the Commission's consultants issued a scoping report, summarizing issues and concerns identified by the public and various agencies during the scoping process. This report was made available for review on the Project website, and mailed to agencies and individuals who requested copies.
On December 15, 2008, the Commission issued a press release announcing that it would issue the DEIR on January 30, 2009, explaining how to obtain a copy of the DEIR, describing the public comment process, and providing the website address for additional information.12 As set forth in CEQA, a notice of availability for a DEIR was issued to the county clerk, all responsible and trustee agencies, and any person or organization requesting, or who previously requested, a copy.
CEQA also requires that notice be issued in one of the following three manners: publication in a newspaper of general circulation; posting on and off the project site; and direct mailing to owners and occupants of contiguous property. Consistent with these requirements, the Notice of Availability was published in the Carmel Pine Cone (in English), El Sol (in Spanish), the Salinas Californian (in English, and the Monterey Herald (in English, Spanish and Mandarin). In addition, on January 30, 2009 the Notice of Availability was sent to the EIR mailing list and the service list in this proceeding. The mailing list consisted of more than 46,000 recipients and included persons and organizations who had requested to receive a copy, affected landowners, and public agencies. The DEIR was also submitted to the State Clearinghouse, pursuant to CEQA Guidelines § 15205.
Following the release of the DEIR, staff established a 75-day comment period and four public meetings were held in the Monterey Peninsula.13 Four informational meetings were held: on March 2, 2009 in Seaside (in both the afternoon and evening), on March 3, 2009 in Castroville, and on March 4, 2009 in Carmel. The purpose of the meetings was to help the public understand the proposed project, alternatives, and the findings of the DEIR, and to explain how to participate in the Commission's decision-making processes. Commission staff and the consultants who prepared the DEIR were available to respond to attendee questions and to provide clarification regarding the technical aspects of the proposed project, EIR alternatives, and the impact analysis presented in the DEIR. A summary of the comments received at these informational meetings can be found on the EIR website.
Fourteen local agencies, one tribe, three state agencies, one federal agency, 25 non-governmental groups, and 70 unaffiliated individuals commented on the DEIR. The Commission also received many form letters (157) and petitions regarding the DEIR and the particular project that should be selected. Each comment on the DEIR can be found on the project website and in the FEIR. The FEIR evaluated and responded to each comment on the DEIR, consistent with the requirements of CEQA, and was issued on October 30, 2009.14 The public agencies that commented on the DEIR received a copy of the FEIR at least 10 days before certification, pursuant to CEQA Guidelines § 15088(b). We find that the notification procedures employed for this project are adequate and are consistent with the requirements of CEQA.15
11 The CEQA statute appears at Cal. Pub. Res. Code §§ 21000 et seq.
12 The press release can be found at: http://docs.cpuc.ca.gov/PUBLISHED/NEWS_RELEASED/95081.htm.
13 The 60-day public comment period on the DEIR was extended to 75 days at the parties' request. Comments on the DEIR were due on April 15, 2009.
14 CEQA Guidelines § 15088. The FEIR also briefly addressed the Hybrid Regional Plan discussed at the Public Participation Hearings held in July 2009. FEIR at Sec. 13.9.5.
15 We do not reproduce the FEIR in its entirety in this decision. The ALJ issued a ruling on November 2, 2009, which identified the DEIR and FEIR as Reference Items A and B. The FEIR is also available on the web at www.cwp-eir.com.
