Midterm 2 Flashcards
(39 cards)
Negative Declaration
Written statement prepared by Lead Agency that briefly describes reasons why proposed project will not have significant effect on environment and, therefore, does not require EIR
When in the CEQA process is a ND filed?
After Initial Study
What are the required contents of a ND?
- Project description
- Project location
- Identification of project proponent
- Proposed finding of no significant effect
- Attached copy of initial study justifying finding
- For mitigated negative declarations, mitigation measures included in project description to avoid significant effects
Mitigated Negative Declaration
Document prepared when there are no potential significant impacts after application of mitigation
When is a MND used instead of a ND?
Only when mitigation measures are agreed to by the project proponent before public review of MND and initial study.
At minimum the lead agency must write a commitment by the proponent.
Under what conditions can mitigations be substituted?
• New measure is equivalent or more effective
• Agency considers matter at public meeting
• Agency adopts written finding that
-New measure is equivalent or more effective
-New measure will not cause significant effect
Under what conditions must a subsequent ND or MND be filed?
- When there is a “Less-than Significant” or “no impact effect” you prepare an ND.
- When there is Less Than Significant Effects with Mitigation you prepare a MND.
- A mitigated negative declaration can only be used when the mitigation measures are agreed to by the project proponent prior to public review of the MND and the initial study
What does the term tiering refer to?
concept of “multi-tiered” approach to preparing EIRs. First-tier EIR covers general issues in broader program-oriented analysis. Subsequent tiers incorporate by reference general discussions from broader EIR, while primarily concentrating on issues specific to action being evaluated
What are examples of first, second, and third level tiers?
First: General Plan or Program EIR
Second: Community or Specific Plan EIR
Third: Development Project or Infrastructure EIR
Under what four conditions would you use a Program EIR?
- Activities that are linked geographically
- Activities that are logical parts of chain of contemplated events
- Rules, regulations, or plans that govern conduct of continuing program
- Individual activities carried out under same authorizing statutory or regulatory authority and having generally similar environmental effects that can be mitigated in similar ways
What are some advantages of Program EIRs?
o Provision for more exhaustive consideration of impacts and alternatives than would be practical in individual EIR
o Focus on cumulative impacts that might be slighted in case-by-case analysis
o Avoidance of continual reconsideration of recurring policy issues
o Consideration of broad policy alternatives and programmatic mitigation measures at early stage when agency has greater flexibility to deal w/ them
o Reduction of paperwork by encouraging reuse of data (through tiering)
When would you use a Master EIR?
- General plans (including elements and amendments)
- Specific plans
- Projects consisting of smaller individual projects to be implemented in phases
- Regulations to be implemented by subsequent projects
- Projects pursuant to or furthering redevelopment plan
- State highway or transit projects subject to multiple reviews or approvals
- Regional transportation plans
- Congestion management plans
- Federal military base reuse plans
- California Department of Fish and Game for hunting and fishing regulations
What are the special content requirements of a Master EIR?
- Anticipated future projects (Type, Location, Intensity)
- Scheduling of capital improvements
- Location of alternative sites
- Preliminary evaluation of anticipated future project-specific impacts and mitigation measures
- Cumulative impacts
- Growth-inducing impacts
- Significant irreversible environmental changes
Staged EIR
evaluates proposal in light of current and contemplated plans and produce informed estimate of environmental consequences of the entire project.
Notice of Preparation
Brief notice sent by Lead Agency notifying Responsible, Trustee, and involved federal agencies that it plans to prepare EIR for project
Who receives a NOP?
Each Responsible Agency needs to be sent a NOP as well as every federal agency that is involved in approving or funding the project. Each Trustee Agency responsible for natural resources affected by the project also needs to be informed
Who may write a Draft EIR?
- Lead agency staff
- Another public or private entity
- Project applicant or project applicant’s consultant
What are the responsibilities of the Lead Agency?
- Principal responsibility is carrying out or approving a project.
- Also: The Lead Agency decides whether an EIR or negative declaration will be required for the project and will cause the document to be prepared.
- Criteria for determining which agency will be the lead agency for a project are contained in Section 15051.
Whom must the Lead Agency consult with and request comments on the DEIR from?
- Responsible agencies
- Trustee agencies
- Any other state, local or federal agencies that have jurisdiction by law with respect to the project
- Any city or county that borders on the city or county where the project is located
- For a project of statewide, regional, or area-wide significance, the transportation planning agency and other agencies that have major transportation facilities w/ their jurisdictions
- For development projects meeting the requirements of Guidelines 15083.5 water agencies affected by the project
- For a state lead agency when the EIR is prepared for a highway or freeway project, the State Air Resources Board
- For a subdivision project located within one mile of the state water project, the CA department of water resources
- For certain projects within specific boundaries of a low-level flight path, military impact zone, or special use airspace, the Department of Defense or military branch that has notified the lead agency for those boundaries
When does the lead agency file a notice of completion?
As soon as it has completed a draft EIR
When must the State Clearing House be used to distribute DEIRs?
- State agency is a lead agency, responsible agency, trustee agency, or agency with jurisdiction by law.
- The project is of “statewide, regional, or areawide significance,”
What are the required components of Draft EIR?
- Table of contents or index
- Summary of discussion contained in draft EIR
- Project description
- Environmental setting
- Significant environmental impacts
- Areas of known controversy
- Alternatives
- Mitigation measures for any significant effect
- Growth-inducing impacts
- Expected significant irreversible changes due to proposed project (required only for EIRs on plans, policies, ordinances, LAFCO actions, and EIR/EISs)
What must be included in a project description?
- Project objectives
- Project location
- Project characteristics
- Reasonably foreseeable future phases
- Required approvals or permits
- Agencies using EIR
What must be included in the environmental setting?
Description of setting for every resource discussed
