G:\data\NEW Wordpro\SLDMWA\73 Steering Comm\Agenda\2020-05-15\Mud Slough Restoration Memo.doc SUMMERS ENGINEERING 887 N. Irwin St. – PO Box 1122 Hanford, CA 93232 (559) 582-9237 FAX (559) 582-7632 MEMORANDUM TO: GBD Steering Committee FROM: Joseph C. McGahan DATE: May 14, 2020 SUBJECT: Mud Slough Restoration Project The Mud Slough Restoration Project is proceeding with environmental field work, preparation of necessary permits, project design and meeting with Newman Land Company and California Department of Fish and Wildlife. It is necessary to designate a lead agency with respect to CEQA and as permit applicant with respect to the following: Army Corps 404, CDFW 1602, and RWQCB 401 permit obligations. Options are Panoche Drainage District (Panoche) or the San Luis & Delta-Mendota Water Authority (SLDMWAy) acting on behalf of the Grassland Basin Drainers. Under CEQA, the lead agency is "the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment." Factors relevant to the determination of which agency should serve as lead agency include which agency carries out the project, which agency has the greatest responsibility for supervising or approving the project as a whole, and which agency funds the project. With respect to the Mud Slough Restoration Project, SLDMWA would carry out the project and through the GBD Activity Agreement, would fund the project. Thus, even though Panoche has the agreement with Newman, it is logical for SLDMWA to serve as lead agency with respect to CEQA, and to be the permit applicant for the various related permits. Staff consulted with CEQA counsel Andrea Matarazzo, who confirmed that it would be appropriate for SLDMWA to act as lead agency under CEQA for the Mud Slough Restoration Project, including the two components of (1) removing structures from side channels near China Island, and (2) installing structures to restore the diversion of water from Mud Slough to Newman Lake. 1
SUMMERS ENGINEERING 887 N. Irwin St. – PO Box 1122
Hanford, CA 93232 (559) 582-9237 FAX (559) 582-7632
MEMORANDUM
TO: GBD Steering Committee FROM: Joseph C. McGahan DATE: May 14, 2020 SUBJECT: Mud Slough Restoration Project
The Mud Slough Restoration Project is proceeding with environmental field work, preparation of necessary permits, project design and meeting with Newman Land Company and California Department of Fish and Wildlife. It is necessary to designate a lead agency with respect to CEQA and as permit applicant with respect to the following: Army Corps 404, CDFW 1602, and RWQCB 401 permit obligations. Options are Panoche Drainage District (Panoche) or the San Luis & Delta-Mendota Water Authority (SLDMWAy) acting on behalf of the Grassland Basin Drainers. Under CEQA, the lead agency is "the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment." Factors relevant to the determination of which agency should serve as lead agency include which agency carries out the project, which agency has the greatest responsibility for supervising or approving the project as a whole, and which agency funds the project. With respect to the Mud Slough Restoration Project, SLDMWA would carry out the project and through the GBD Activity Agreement, would fund the project. Thus, even though Panoche has the agreement with Newman, it is logical for SLDMWA to serve as lead agency with respect to CEQA, and to be the permit applicant for the various related permits. Staff consulted with CEQA counsel Andrea Matarazzo, who confirmed that it would be appropriate for SLDMWA to act as lead agency under CEQA for the Mud Slough Restoration Project, including the two components of (1) removing structures from side channels near China Island, and (2) installing structures to restore the diversion of water from Mud Slough to Newman Lake.
Recommended Action: Recommend to the SLDMWA Board that they act as Lead Agency and Project Applicant for the Mud Slough Restoration Project and that fees of $5,430.50, payable to California Department of Fish and Wildlife and $1,949.00, payable to Central Valley Regional Water Quality Control Board be paid from the FY 21 GBD Budget Line Item “Restoration of Mud Slough Channel – Newman Land”. The budget status is shown in the following table: FY 21 Budget Line items:
