General Maintenance Activities at the Freeman Diversion Facility
Summary
SCH Number
2019100052
Public Agency
United Water Conservation District
Document Title
General Maintenance Activities at the Freeman Diversion Facility
Document Type
NOE - Notice of Exemption
Received
Posted
10/1/2019
Document Description
United Water Conservation District (United) operates the Freeman Diversion facility to meet water resource management objectives. The proposed activities are required to maintain the facility (including the associated fish passage structure) in operational condition. The Freeman Diversion facility is currently operating under mandates of an Amended Judgment and Permanent Injunction issued in the case of Wishtoyo et al. vs United Water Conservation District [CV 16-3869-DOC (PLAx)] (Court Order). Maintaining the facility and fish passage structure in operational condition is essential to achieving compliance with the Court Order.
United has requested authorizations pursuant to the Clean Water Act (Sections 401 and 404) and California Fish and Game Code 1602 to conduct the proposed maintenance procedures. The activities proposed for coverage under the authorizations include both routine maintenance and maintenance required on an as-needed basis to repair damage to the Freeman Diversion infrastructure, to maintain the facility in operational condition. Specifically, the proposed activities include: diversion or dewatering of flowing or ponded water; repair of rip rap along the river bank; sediment control within the river channel; vegetation control at engineered structures, access roads and right of way; and grading, recontouring, compaction, and fill within and alongside access roads.
The maintenance activities incorporate minimization and avoidance measures and are not expected or result in significant environmental effects to state or federally protected species.
Contact Information
Name
Katherine Ayres
Agency Name
United Water Conservation District
Contact Types
Lead/Public Agency
Phone
Name
Agency Name
United Water Conservation District
Contact Types
Project Applicant
Location
Cities
Oxnard
Counties
Ventura
Other Location Info
2641 West Los Angeles Avenue, Oxnard, CA 93036; The Freeman Diversion Facility is located on the south bank of the Santa Clara River, 2.8 miles upstream of the Highway 118 Bridge in Ventura County, CA
Notice of Exemption
Exempt Status
Ministerial
Type, Section or Code
Sec. 21080(b)(1); 15268
Reasons for Exemption
Categorical Exemption. State type and section number: § 15301
Based on an examination of the proposed project, this project qualifies for the following exemptions under the California Environmental Quality Act.
Ministerial Exemption §15268 – Because the Amended Judgment and Permanent Injunction in the matter of Wishtoyo Foundation et al. v. United Water Conservation District mandates United to conduct operation and maintenance of the Freeman Diversion and associated facilities, the proposed project is considered ministerial rather than discretionary. Ministerial projects are those that can be legally compelled without substantial modifications or change. United is obligated by court order to complete the proposed project, thereby making it ministerial. CEQA does not apply to ministerial projects and therefore, CEQA analysis is not required for the proposed project.
See NOE for full details.
Attachments
Notice of Exemption
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