Federal Energy Regulatory Commission Order Compliance Project (FOCP) – Demolition of Hoot Owl Way Properties
Summary
SCH Number
2024080835
Public Agency
Santa Clara Valley Water District
Document Title
Federal Energy Regulatory Commission Order Compliance Project (FOCP) – Demolition of Hoot Owl Way Properties
Document Type
NOE - Notice of Exemption
Received
Posted
8/21/2024
Document Description
The FOCP was approved by the Valley Water Board of Directors on June 23, 2020, and a Notice of Exemption was filed with the County Clerk-Recorder. As part of FOCP, a minor update, which is not specifically defined in the original FOCP project description, is necessary to comply with the FERC Order. Valley Water would demolish property structures of nine properties along Hoot Owl Way. The demolition of these properties is necessary to prevent or mitigate loss of, or damage to, life, health, property from known landslide risk and comply with the FERC Order.
Valley Water proposes to update the Bank and Rim Stability Improvements (project) component to include demolition of property structures along Hoot Owl Way to reduce the risk of landslide damage. As originally planned, slope anchors were to be installed beginning on Valley Water property within the lakebed and were to extend into and beneath several private properties along Hoot Owl Way, terminating 50-75 feet below the ground surface. Valley Water modified its plan after engaging with property owners and its design consultants. Valley Water and its consultants have since determined that the Hoot Owl Way landslide areas is larger than previously understood and in order to stabilize the landslide, the project would require access to additional private properties. As a result, Valley Water determined the most effective way to ensure public safety would be to acquire and demolish private properties that are in close proximity to or have a potential to be impacted by the Hoot Owl Way landslide. The demolition of the properties is necessary to prevent imminent injury or death to trespassers on the properties that could be caused by landslides if the units are not removed, and comply with the FERC emergency order.
The project would consist of demolition of structures on nine properties along Hoot Owl Way. Demolition activities would consist of breaking down the property structures on the Hoot Owl Way properties and leaving below grade foundations of the structures in place. Once the property structures have been demolished, crews would haul and dispose the debris at an offsite landfill. Construction equipment that would be used to demolish and dispose the debris would include haul trucks, backhoe loaders, skid steer loaders, track loaders, wheel loaders, wheel dozers, and compactors. Demolition would create approximately 3,300 cubic yards of debris. Demolition work is expected to take six weeks to complete. Demolition activities would be conducted by a Valley Water crew or contractor. The crew would consist of up to 10 workers. Construction activities are expected to start late summer 2024 and be completed by late winter 2024.
Contact Information
Name
Tiffany Chao
Agency Name
Santa Clara Valley Water District
Job Title
Senior Water Resources Specialist
Contact Types
Lead/Public Agency / Project Applicant
Phone
Email
Location
Cities
Morgan Hill
Counties
Santa Clara
Regions
San Francisco Bay Area
Cross Streets
Hoot Owl Way
Other Location Info
Properties along Hoot Owl Way in the City of Morgan Hill. Assessor’s parcel numbers
(APNs) are, 729-37-029, 729-38-030, 729-37-016, 729-37-017, 729-37-018, 729-37-019, 729-37-020, 729-37-021, and 729-37-022.
Notice of Exemption
Exempt Status
Emergency Project
Type, Section or Code
Sec. 21080(b)(4); 15269(b)(c)
Reasons for Exemption
The FOCP qualified for a Statutory Exemption for specific actions necessary to prevent or mitigate an emergency under Public Resources Code § 21080(b)(4) and CEQA Guidelines § 15269(c). CEQA (Pub. Res. Code § 21060.3) defines an “emergency” as a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. “Emergency” includes such occurrences as fire, flood, earthquake, or other soil or geologic movements. (Public Resources Code § 21060.3, CEQA Guidelines § 15359) Dam failure leading to catastrophic flooding would be a “sudden unexpected occurrence” were it to occur. The FERC Order reflects a regulatory determination that seismic risks associated with Anderson Dam and the existing outlet constitute an emergency situation that requires immediate action by Valley Water.
Immediate action to prevent flood damage is required because, as recognized by FERC and confirmed by Valley Water studies, the magnitude of the risk of catastrophic dam failure to downstream life is extreme. Each of the FOCP components are necessary for an integrated emergency response to the FERC Order, both to mitigate the potential for a catastrophic dam failure, and to avoid and minimize environmental, flood management, groundwater recharge, and water supply impacts of such emergency response actions. As originally proposed, one FOCP component, the Bank and Rim Stability Improvements, involves monitoring areas of known landslides along Anderson Reservoir rim to address potential impacts of reservoir drawdown and installing necessary structural improvements to protect against potential landslides and/or make repairs if damage occurs. Because the demolition of the structures on the nine properties along Hoot Owl Way is now required to complete FOCP implementation, it is subject to the same emergency statutory exemption as he original FOCP. In addition, the statutory emergency exemption also applies because it is required to prevent imminent death or injury to trespassers on the nine properties that could be caused by deficient structures damaged by existing landslide movement if the units are not removed.
County Clerk
Santa Clara
Attachments
Notice of Exemption
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