Addendum - Shingle Springs Drive Improvements-Encroachment Permit

Addendum - Shingle Springs Drive Improvements-Encroachment Permit

Site plan encroachment permit review analyzing the impacts of the construction and operation of a 12-inch 2,400 linear foot water main, a 6-inch, 3,335 linear foot sewer force main pipeline, associated appurtenances and connections of both pipelines, and a 36 x 40 foot paved driveway within the El Dorado County Right of Way of Shingle Springs Drive. El Dorado County processed the project as an IS/MND and posted a NOD on June 30, 2016. Subsequent to the County filing the NOD, the El Dorado County Superior Court issued a tentative stay on the encroachment project approval and encroachment permits (El Dorado Council.org v. County of El Dorado PC-2016-0333). Public Resources Code section 21167.3(a) 2 states that if a lawsuit alleging that an environmental document fails to comply with CEQA and an injunction or stay is issued prohibiting the project from being carried out, pending final determination of the issue of compliance, "responsible agencies shall assume that the environmental document for the project does comply with the provisions of this division and shall issue a conditional approval or disapproval of such project" under timelines set forth in the Govt. Code. 3 (Public Resources Code 21167.3 (a), emphasis added.). While it was intended that a separate encroachment permit would be required for subsequent phases of the Project, the County's intent was to have the MND cover the total buildout of the project site. With the stay in place, the County has revised the project plans to only include buildout of Phase 1 of the project. The revised project plans restrict activities performed under the encroachment permit. In this case, the District as a responsible agency must assume that the IS/MND prepared by the County for the encroachment permit project complies with CEQA, and issue a conditional approval pending the existing stay being lifted by the El Dorado County Superior Court. This conditional approval does not include water service sufficient to serve the full buildout of the project site, but only water and sewer service needed to serve Phase 1 of the project. Although the District must determine that the IS/MND complies with CEQA, the District as a responsible agency, is required to ensure that information is disclosed in the IS/MND is correct in regards to items that are the District has regulatory authority over (CEQA Guidelines Section 15096). In this case, there is a minor technical error contained in the IS/MND relating to water supply. Therefore, an Addendum has been completed by the District in accordance with CEQA Guidelines Section 15164 to correct this minor technical error.

El Dorado