Proposed Negative Declaration for the

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					                    Proposed Mitigated Negative Declaration for the
          Reclamation District 150 Public Law 84-99 Levee Rehabilitation Project

LEAD AGENCY: The Central Valley Flood Protection Board of California is the lead agency
under the California Environmental Quality Act for the Reclamation District 150 Levee
Rehabilitation Project.

AVAILABILITY OF DOCUMENTS: The initial study and environmental assessment for this
proposed negative declaration is available for review at the Department of Water Resources,
Division of Flood Management, 2825 Watt Avenue, Suite 100, Sacramento, California 95825
and on the Central Valley Flood Protection Board website at
Questions or comments regarding this proposed mitigated negative declaration and initial
study/environmental assessment may be addressed to :

Ms. Deborah Condon, Environmental Program Manager
Department of Water Resources
Division of Flood Management
2825 Watt Avenue, Suite 100,
Sacramento, California 95825
(916) 574-1426

The Board in partnership with the U.S. Army Corps of Engineers (Corps), the federal sponsor,
have jointly prepared an Environmental Assessment/Initial Study for this proposed rehabilitation
project under the Corps’ Public Law 84-99 Rehabilitation Assistance for damaged levees. The
Corps and Board propose to repair 17 sites on Sacramento River West Bank levee a with levee
toe and wave wash erosion, with lengths as small as 5 feet and up to 1,753 feet long over an
intermittent approximately 2 mile reach. The Corps will fund and contract for the work. The
levee will be restored to the pre-flood condition by excavating the eroded waterside levee slope
in steps at least ½ foot beyond the damaged surface. The slope will be reconstructed with
compacted impervious fill. The reconstructed slope will be covered with a 6 inch layer of
bedding material and the lost rock protection will be restored to the height and thickness of the
adjacent undamaged area. The large trees along the waterline and levee slope will be left in
place. Upon completion, the reconstructed slopes will be reseeded with native grasses and
willow pole cuttings will be installed along the levee toe. Construction will begin in July 2008
and take approximately 3 months.

The Central Valley Flood Protection Board directed the preparation of an initial study/mitigated
negative declaration (IS/MND) on this proposed project in accordance with requirements of the
California Environmental Quality Act (CEQA). The document describes the proposed project
and potential environmental impacts, and concludes that any significant effects that may result
from the proposed project can be avoided, minimized or reduced to a less-than-significant level
by the adoption and implementation of mitigation measures.

The project is located in Yolo County on the right bank of the Sacramento River from River Mile
34.99 to River Mile 41.70 in Reclamation District 150. The project is approximately fifteen
miles south of the city of Sacramento and between Clarksburg on the opposite bank and
Courtland on the right bank. Specific site are indicated on the map located on Page 7 of the
attached Environmental Assessment/Initial Study

FINDINGS: An initial study was prepared to assess the proposed project’s potential effects on
the environment and the significance of those impacts. Based on the initial study, the Central
Valley Flood Protection Board has determined that the proposed project will not have a
significant impact on the environment following the implementation of the mitigation measures.
This conclusion is supported by the following findings:

      The project will not result in impacts to agricultural resources, geology, mineral
       resources, soils, land use and planning, and population and housing.

          o Although there are no known cultural resources that might be disturbed,
            mitigation is included to address the potential for discovering archaeological or
            paleontological resources and /or human remains during the construction phase of
            the project.

          o Although the project would have no known significant impacts from hazardous
            materials, mitigation is included that requires a hazardous materials management
            plan to address unforeseen hazardous events.

      Mitigation measures undertaken as part of the proposed project will reduce impacts to a
       less than significant for biological resources that include the Central Valley steelhead
       (Oncorhynchus mykiss), Central Valley spring-run chinook salmon and winter-run
       salmon (Oncorhynchus tshawytscha), green sturgeon(Acipenser medirostris), Delta smelt
       (Hypomesus transpacificus), Swainson’s hawk (Buteo swainsoni), and western yellow
       billed cuckoo.

      Mitigation measures undertaken as part of the proposed project will reduce impacts to a
       less than significant for water quality impacts during construction.

      The project will result in less than significant impacts to hydrology, aesthetics, public
       utilities and service systems, and recreation.

      Mitigation would be undertaken as part of the proposed project will reduce potentially
       significant impact to less-than-significant levels for: Temporary, short term, impacts
       during construction may result from the proposed project. These are: potential effects to
       air quality impacts from dust and emissions, and minor increases in traffic from
       construction vehicles. These short term impacts are not considered significant.

      No substantial evidence exists that the proposed project would have a negative or adverse
       effect on the environment.

      The project will not substantially degrade the quality of the environment, significantly
       reduce the habitat for fish and wildlife species, result in fish or wildlife populations
       falling below a self-sustaining level, reduce or restrict the range of a special-status
       species, or eliminate important examples of California history or prehistory.

      The project would not achieve short-term environmental goals to the determent of long-
       term environmental goals.

      The project would not have environmental effects that would cause substantial direct or
       indirect adverse effects on humans.

      The project would not have environmental effects that are individually limited but
       cumulatively considerable.


The following mitigation measures will be implemented by the Central Valley Flood Protection
Board and the Corps to avoid or minimize potential environmental impacts. Implementation of
these mitigation measures would reduce the potential environmental impacts to a less-than-
significant level.

   o Maintain a 20-foot buffer around elderberry shrubs to avoid impacts to elderberry
     longhorn beetle.

   o In-water construction activities will occur during the USFWS and NMFS approved work
     window for special status fisheries species. The in-water work window for salmonid
     species is from July 1 to October 30 and may be extended with the approval of agencies.
     Delta smelt work window. For Delta smelt the work window is between August 1 and
     November 30. Work windows have not been set for green sturgeon.

   o Conduct pre-construction surveys for raptor nest and avoid any identified nests during
     construction. If Swainson’s hawks are observed nesting in within a half a mile of the
     project sites, the project will not commence until the offspring have fledged the nest, or
     August 15, whichever comes first or proceed through consultation with Department of
     Fish and Game. All measures in the Department of Fish and Game’s Draft Mitigation
     Guidelines for Swainson’s Hawk (Buteo swainsoni) in the Central Valley of California
     (revised January 1, 1992), and DWR’s Standardized Protocol for Swainson’s Hawk
     Impact Avoidance and Mitigation Measures During Maintenance and Construction on
     Flood Control Channels will be implemented.

   o Conduct pre-construction surveys for burrowing owls and for nests of other avian State-
     listed species and migratory species and avoid any identified burrows or nests during
   o The contractor will prepare a Storm Water Pollution Prevention Plan and will implement
     best management practices to reduce the risk of material entering the water or adversely
     impact water quality.

   o The contractor will prepare a Hazardous Materials Management Plan.

   o The contractor will prepare a traffic control plan.

   o Construction equipment maintenance would not occur at the project site to reduce the
     possibility of discharge of mechanical and chemical pollutants from entering into the

   o All aspects of the Corps MOU with the State Historic Preservation Officer (SHPO) and
     the Advisory Council on Historic Preservation will be implemented to avoid or minimize
     effects of the project on historic properties. Field inspections will be conducted before
     project construction, and any historic properties discovered will be treated in accordance
     with the MOA. As stipulated by the MOA: (1) if the levee is the only historic property
     discovered within the APE it will be documented, and (2) if any other unknown cultural
     resources within the APE that cannot be avoided by project construction are discovered
     during field inspections, they will be inventoried and evaluated.

   o Willow pole cuttings will be planted along the toe of the slope to mitigate for any impact
     to riparian habitat for the benefit of resident and migratory species.

   o All bare areas on the project site will be stabilized and seeded with native grasses and
     herbs to prevent erosion and restore vegetation.

   o Tree protection measures will be implemented during construction. Burlap and wood
     boxes will be used to protect the trees with trunks size equal to or greater than 4 inches
     damage during rock placement. Rock will be placed over the tree trunks instead of soil to
     allow for aeration of the roots for long-term retention of the tree.

   o Surveys to determine the presence or absence of rare, threatened or endangered plant
     species will be conducted prior to construction. Where sensitive plant species occur, the
     plants will be protected in place where possible. Where a sensitive plant occurs where
     rock will be placed, the plants will be transplanted.

The project will incorporate all applicable mitigation measures provided above and listed in the
Environmental Assessment/Initial Study. A finding of no significance (FONSI) from the Corps
will be provided.

In accordance with Section 21082.1 of the California Environmental Quality Act, the Central
Valley Flood Protection Board staff has independently reviewed and analyzed the initial study
and proposed mitigated negative declaration for the proposed project and finds that the initial
study and proposed mitigated negative declaration reflect the independent judgment of the
Central Valley Flood Protection Board. The project mitigation measures will be implemented as
stated in the mitigated negative declaration.

I hereby approve this project:

______________________________________                      _________________________
Jay Punia                                                   Date
Executive Officer
Central Valley Flood Protection Board of the State of California

Approved as to Legal form and Sufficiency

_______________________________________                   ________________________
Nancy Finch                                               Date
Senior Staff Counsel

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