6. The Environmental Review Process

In late 1993, following dissolution of the Coalition, the County released a draft EIR for its local coastal program applicable to the Bolsa Chica. This was subsequently revised and ultimately resulted in the "1996 Recirculated Draft Environmental Impact Report for Bolsa Chica Local Coastal Program (County of Orange 1996)." The on-site water distribution and sewer collection systems were subjected to environmental review in that document, and the facilities described in that EIR remain basically the same. However, that EIR contemplated the City as the water supplier, but acknowledged that other alternatives would be pursued if a service agreement could not be executed with the City. As the present plan is for a water transmission line to connect SCWC's West Orange County System to the Developer's Mesa project, a proposal not contemplated or examined in the previous 1996 EIR, a supplemental environmental review is now required pursuant to the CEQA (Section 21000 et seq. of the California Public Resources Code) and in accordance with the Guidelines for the Implementation of the CEQA (Section 15000 et seq. of the California Code of Regulations). The Guidelines stipulate that an EIR must be prepared for any project that may have a significant impact on the environment. The transmission line under consideration is a "project" as defined by Section 15180 of the Guidelines. Upon initial review the Commission determined that the proposed project may have a significant adverse impact on the environment and the preparation of an EIR was required.

As the public agency with the principal responsibility for authorizing the water transmission pipeline project that may have an adverse environmental impact, the Commission is the Lead Agency under CEQA for the project. Section 15163 of the CEQA Guidelines indicates that a supplement to an EIR is prepared to augment a previously certified EIR when substantial changes under which a project is undertaken necessitate changes to the EIR because new significant environmental effects are involved. A supplement to an EIR need contain only the information necessary to make the previous EIR adequate for the revised project, but has the same notice and review requirements as other EIRs, and may be circulated by itself without recirculating the final previous EIR. The Supplemental EIR here is intended to supplement the 1996 Recirculated Draft Environmental Impact Report for Bolsa Chica Local Coastal Program (County of Orange 1996). It was prepared to evaluate the proposed water transmission pipeline and changes in management of the on-site water and wastewater facilities. It is not intended to re-evaluate any components of the Mesa project previously examined in the 1996 Recirculated Draft Environmental Impact Report for Bolsa Chica Local Coastal Program (Count of Orange 1996).

The process of preparing the Final Supplemental Environmental Impact Report (SEIR) included the following steps, which offered numerous opportunities for public involvement.

· An Initial Study was prepared in July of 1999 that identified potentially significant environmental impacts that could result from construction and operation of the Proposed Project. Based on the findings of the Initial Study, the Commission determined that an SEIR was required. The SEIR supplements the 1996 Recirculated Draft Environmental Impact Report for the Bolsa Chica Local Coastal Program (SCH# 93-071064) that was certified by the County of Orange.

· A Notice of Preparation (NOP) for the SEIR was distributed on July 8, 1999, to cities along the proposed route and the alternatives proposed by SCWC, as well as to potentially affected public agencies, organizations known to have an interest in the Proposed Project, and the State Clearinghouse. The Initial Study was attached to the Notice of Preparation.

· Notices of public Scoping Meetings were published in four newspapers: The Orange County Register (July 15, 1999); The Huntington Beach Independent (July 15 and 22, 1999); The Westminster Journal (July 15, 1999); and The Seal Beach News Enterprise (July 15, 1999). In addition to providing notice of the meetings in the NOP, meeting notices were mailed to over 500 owners of property adjacent to the proposed water transmission line route and to potentially interested groups and organizations.

· Public Scoping Meetings were held on July 22 and 23, 1999, in Seal Beach and Huntington Beach, respectively.

· A project website and an information and comment telephone line were established to provide updated information regarding the Proposed Project and the CPUC environmental review process. In addition, a dedicated e-mail address was established for use by the members of the public to provide information and comments to the CPUC.

· On December 6, 1999, copies of the Draft SEIR and Notice of Completion were delivered to Parties to the proceeding, Responsible Agencies, other affected public agencies, interested organizations, and the State Clearinghouse. In addition, a Notice of Completion, with information on where the Draft SEIR was available for review, was mailed to over 350 organizations and individuals.

· The Draft SEIR was sent to two public libraries to be made available for public review -- the Huntington Beach Central Library and the Westminster Library. In addition, the Draft SEIR was made available on the project website.

· A 45-day comment period was established for public review of the environmental document from December 7, 1999, through January 20, 2000.

· A Public Information Meeting was held on January 6, 2000, in Huntington Beach to present to the public information contained in the Draft SEIR. In addition to being announced in the Notice of Completion accompanying the Draft SEIR, notice of this meeting (and the availability of the Draft SEIR) was published in the Huntington Beach Independent (December 9 and 16, 1999), the Seal Beach News Enterprise (December 8 and 15, 1999), and the Westminster Herald (December 9 and 16, 1999).

· On January 21, 2000, a Public Participation Hearing (PPH) was convened in Huntington Beach by the assigned Administrative Law Judge. Notice of the PPH was mailed to over 350 organizations and individuals, including parties to the proceeding, responsible agencies, other affected public agencies, and interested organizations and individuals. Legal notice of the PPH was published in the Orange County Register (January 16, 2000), the Seal Beach News Enterprise (January 19, 2000), and the Huntington Beach Independent (January 20, 2000).

· The Final SEIR was filed with the Commission's Docket Office on February 11, 2000. The Final SEIR includes responses to 19 sets of written comments and 10 speakers who attended the PPH.

The Final SEIR must be certified by the lead agency under CEQA before a project may be approved. Certification consists of two steps. First, the agency must conclude that the document has been completed in compliance with CEQA, and second, the agency must have reviewed and considered the SEIR prior to approving the project. Additionally, the lead agency must find that the Final SEIR reflects its independent judgment (Pub. Res. Code Section 21082.1(c)(3).)

The Commission is designated as lead agency under CEQA and as such has had the responsibility to prepare the SEIR.