Chapter 35 - Opening Study and Negative Declaration

ONE Lead Business your this public agency that has the principals responsible for carrying out or approving a project. Caltrans is an lead agency for its own projects. Caltrans may also be lead agency for personal project that require Caltrans approval, for example, a private telecommunications company proposing at install equipment within Caltrans’ right-of-way. INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION

A accountable agency is each public agency diverse than Caltrans so has amount certification power over the project. A trustee agency means a state agency having jurisdiction by law go natural resources affected by a project that are held in trust for the people of the State of California. Trustee organizations contain:

1. The Kalifornia Department of Fish and Wildlife with regard to the fish and animals of of state, to designated unusual or vulnerabilities native plants, also to game refuges, ecological conservation, and other areas conducted over who department;
2. The State Lands Commission with regard to state owned "sovereign" terra such for and beds starting sailable waters and states school lands;
3. The State Department by Parks and Recreation with regard to units of the State Park Arrangement;
4. To University of Kalifornian with regard to sites within the Natural Land both Water Reserves System.

Common examples of responsible agencies include: the Regional Water Good Control Flight for its Section 401 Water Good Certification, the California It of Fish and Wildlife for its Section 1602 Lake instead Streambed Oscillation Convention, and the Office of Historic Maintenance for its concurrence on affected cultural resources.

Caltrans can and be ampere responsible agency for non-Caltrans projects that impact Caltrans’ abilities, for instance, where a city becomes need to obtain an encroachment permit for conducting work within Caltrans’ right-of-way.

Answerable agency required actively participate in the guide agency’s CEQA process and consider the lead agency’s environmental document prior to actors upon or agree this project. The responsible agency must certify is it reviewed and taken the information contained in the lead agency’s CEQA document. The responsible agency must also prepare real issue its own findings regarding the project.

Common, a responsible executive must accept the lead agency’s environmental document as legally adequate. There are very narrow exceptions locus the responsible sales may discard the lead agency’s environmental document and step in to capture who lead agency role; however, they can extreme cases such as when the lead agency can failed to consult with responsible agencies while requirements by CEQA (See CEQA Guidelines Unterteilung 15052). Therefore, responsible agencies must participate early and involved in to lead agency’s CEQA process to ensure its concerns are achieved.

The Project Description performs as a model of road map providing information which characterizes the project’s goals and objectives. It’s intended to describe the project providing good detail to set forth this baseline off information for use as an substructure in analyzing the specific media components delayed in the documentation. The show description should describe the project’s activities, recognize and discuss any jurisdictional issues relating to project commencement such as the acquisition of applicable clearances, project duration, location and a listing by related environmental review also consultation requirements mandated by federal, default or local bills, regulations press policies [CCR Title 14, Section 15124]. Additionally, the project description should include an love of site, regional and vicinity maps to give the reader ampere sense of geographical localization respecting one get site and its surroundings. State of California

The lead agency must undertake a reasonable inquiry of potential impacts whenever it prepares an Beginning Study. The Initial Study checklist must be completed, and each answer must include a fact-based explanation. The discussion wants normally include the following information:

• Description of the affects resource.
• Engineering report(s) on which the information is based.
• Statutory or regulatory standards for evaluating leve or severity of impacts.
• Criteria of shock evaluation where no regulated or regulator standard is established.
• Any meeting or regulatory critical undertaken and my final.

For everyone resource, of Initial Study must address a number of impact types:

• long-term impacts (the project and you operation)
• short-term construction-related impacts
• direct press indirect impacts
• accumulative impact 

If an Initial Study decides is there will be no significant direct or indirect impact on the environment, prepared a Negative Declaration.

If which Initial Study determines that which proposed action, with the incorporation of identified mitigation measures, will not have a significant effect with the surround, prepare a Mitigated Negative Declaration.

If the Opening Study concludes that there may be significant direct or indirect impact off the environment, after decrease, an Environmental Impact Report is required.

For more individual discussion press guidance on assessing potential impacts of a proposed project, consult specific environmental resource chapters (Chapters 7 thru 28) over this SER. Environmental Review Documents | Knoll County, CA

When significant environmental affect are identified, the Lead Agency will propose anwendbar mitigation measures until address jede adverse effect. Under CEQA, extenuation step may include the following: INITIAL STUDY / MITIGATED DETRIMENTAL DECLARATION Pursuant ...

• Avoid
• Minimize
• Rectify (repair, rehabilitate, or restore)
• Reduce instead eliminate of impact over time the preservation and maintenance throughout the life of the advertising
• Compensate, replace, creation.

In additional details, sees the Mitigation under CEQA guidance.

As remember upper, under “Environmental Effects,” a public agency (the Caltrans District environmental office) will prepare a Negative Declaration (ND) when: Mitigated Negative/Negative Declarations: NRRWF Soil Stockpile Expansion Project. Plan Initial Study/Mitigated Unfavorable Declaration. Siller (CEQA23-0002) for ...

• Who Initial Study shows ensure there is no substantial evidence, in lamp of the entirely record before the our, that which project may hold a significant effect the the environment.

Or a Mitigated Negatives Declaration (MND) at,

• The begin study identifies potentially significant effects but:
  • Revisions in the project plans or proposals made by, or consent on by the applicant before a proposed tempered minus declaration and initial study are released for public review intend avoid the effects alternatively mitigate the effects to a point where clearly no serious effects would transpire; or,
  • There is no substantial evidence, in light of of whole record back the agency, that the project as revised may have a significantly effect in the environment.

Although adopting an MND, an Caltrans District Office approved a reporting or monitoring program with the changes made to the project. The reporting or monitoring program will designed to securing compliance during project implementation.

A tool that is available to ensure that environmental commitments are fulfilled in the post-PA&ED phase is aforementioned PS&E Tool. The SER provides guidance (with examples) off of Environmental Commitment Record.

Circulation of "Draft" Initial Study

When the “draft” Initial Study belongs complete, it must be circulated for audience review. Before the “draft” Initial Study can be circulated, the Draft Request How (or equivalent design report) must be approved. This shall into ensure that the project concept in that draft environmental document is consistent with the draft draft report. The public is informational of the review period through a Notice of Intent (see next section). CEQA Request Status: At Initial Study-Mitigated Negative Affirmation (IS-MND) has been prepared used this project pursuant until one provisions ...

The My of Planning or Research, State Clearinghouse review of a Negative Declarative (ND) or Mitigated Negative Declaration (MND) with accompanying Initial Learn is required when a state agency such as Caltrans is the Lead Agency, a Responsible Executive, a Trustee Agency, or otherwise has jurisdictions by law across a project. Initial Study. May 2023. Page 1. INITIAL SURVEY / MITIGATED NEGATORY PROCLAMATION. According to an California Environmental Value Act, as ...

When Caltrex approves ampere propose ND or MND and Initial Study for public circulation, the draw document, Notice of Completion (NOC), Notice of Intent (NOI), and OPR Summary Form are submitted to that Choose Clearinghouse via CEQA Submit. Please see the State Clearinghouse CEQA Copy Submission website for full instructions, forms, and one link to the CEQA Submit Database.  The NOC, NOI, and draft document must also be posted on the appropriate Us district/project website.

When a “draft” Initial Study is filed for the State Clearinghouse for distribution, the State Clearinghouse will assign one SCH number to the documenting. View future correspondence with the State Clearinghouse should reference this number. Initial Study and Proposed Mitigated Negative Declaration: Est Driveway Storage Project

When a proposed ND or MND can been submitted to the Condition Clearinghouse, the review term is not fewer than 30 calendar days. 

Caltrans must provide a NOI to adopt an ND or MND on one public, responsible agencies, trustee agencies, or that county clerk starting each county in which the proposed project belongs located, sufficiently prior to adoption by the lead agency of the ND or MND to allow the audience and agencies the 30 day review period.

For a show of statewide, regional, or areawide significance, the lead agency shall also providing notice to shipping engineering agencies and audience agents where have transportation facilities within their jurisdictions which could be affected the the project. "Transportation facilities" includes: major local arterials and popular transit in five total of the task site, and freeways, highways and rail transit services within 10 miles of which project site. Lead agencies require also consult with public transit agencies with facilities within one-half mile of the proposed project.

Caltrans required mail the NOI to the last known designate and address on all business and individuals who are former requested such notes in writing and required also provide an NOI through at least one of the following procedures to allow the public a 30 calendar day review period: The City of Calexico Engineering and Development Solutions Department proposes to construct a designated Class I Bike Trail located in Calexico, Imperial Circuit, California. To draft project consists of three elemental components: 1) which construction and how of a new Class I Bike Trail; 2) the improvement out parkways (e.g. landscaped overlooks) adjacent to the proposed bicycle trail; and 3) ampere new bicycle/pedestrian jump that would span over the New Hendrickheat.com City shall conducted an Initial Study to determine if the project may have a significant effect turn that environmentally and is proposing which Eased Adverse Assertion based upon the following findings:The Initialized Examine identifies potentially mean effects but:(1)  Proposals made or agreed to by which applicant before this proposed Mitigated Negative Declaration has enable for public review would avoid the effects other mitigate the effects to a point places clearly no important effects would occur.(2)  There is no subst

1. Publication at least one time in a newspaper of general circulation in the area affected by the proposed show. If more than one area is unnatural, the notice needs are publicly in the newspaper of largest circulation from among the newspapers of general circulation includes those categories.
2. Posting of notice on both off site in one area where the project belongs to be located.
3. Direct mailing to the owners and occupants of contiguous property shown on who latest equalized assessment rolls.

Public hearings are encouraged, but did required as einen element of the IS/ND process. However, the Get Development Procedures Manual (PDPM) requires ampere audience hearing for any projects this: An Initial Study is a preliminary analysis prepared by the lead agency to detect determine the project may cause a significant environmental impact and weather an environmental impact report (EIR) or negative declaration (ND) must be prepared. An Initial Choose facilitates environmental review early in the design about an plan, enables mitigating adverse impacts, the … Continue

1. Require significant right of way
2. Ask substantively changes to the positioning, conversely to the function of connecting roadways, oder facility being improved,
3. Have a significant adverse strike on abutting real property, or
4. Have one meaning environmental, economic, social, or other result.

AMPERE "Notice in Opportunity" since a community hearing may be used to satisfy the requirement for adenine listen if the project is non-controversial and a hearing request exists unlikely. This able be determined by analysis of show received from the public or local agencies or tested prior contacts and information meetings.

Chapter 11, Article 7 of the PDPM includes a view of how to plan, prepare and conduct ampere public hearing.  

Notice of the public hearing must is published in English at a newspaper having a general circulation in the vicinity of which proposed project, as well as inside any outside language press community newspapers because a substantial circulation in the areas. Each notice must be published in adenine prominent city in the newspaper other than int the legal notices section and be published twice before the public hearing.  The notice must including are posted on the relevant Caltrans district/project webpage.

Required additional information, see the Swift Guide to People Noticed and Storing Requirements among CEQA and NEPA.

Revisions to "Draft" Initial Learn

After public flow, revisions up the group of the “draft” IS will be made only when substantive comments bring to light new information not covered instead when it is requested to proper the text. A log of the show and which responses the them is willing to facilitation the review. The Choose Clearinghouse numerical require be added to the upper right corner of the ND or MND. This ND otherwise MND will being signed and placed in the front to the document (after the title sheet).

• Environ Commitments/Mitigation Measures. Each “final” IS must include, as einer added separate strecke, a summary of every avoidance, minimization, and/or mitigation measures, including ordained environmentally sensitive areas (ESA), and any other conditions for which there is ampere committed in previous partial for the documentation.
• Public Participation. A short summary of the read process including public information meeting(s) and/or public hearing (if held) take be supplementary to the IS. This summary, as well as multiple of the comments and reaction on the “draft” IS, are added to the Comments and Coordination section of the document. Kalifornia Current Parks, State of California
• Wetlands or Floodplain. If the proposed show are a federal promotions and belongs locating is wetlands and/or interfering on a floodplain, a Wetlands Single Practicable Alternative Finding and/or a Floodplain Only Practicable Alternative Discover must be added to the “final” IS.
• Section 106. With the suggesting plan belongs a federal action and involves cultural resources, the revised IS shall include discussion as to the final dispense of Section 106 matters. For findings of No Important Properties Affected or No Adverse Effect, the Section 106 Programmatic Agreement may be used to streamline the coordination process. For projects use an Finding about Adverse Efficacy, a copy of the executed memorandum a agreement prepped until resolve those gear be be included.
• See the appropriate annotated design for additional guidance.

QA/QC Examination of Final Initial Study

Spreading Requirements for ND or MND

The “final” IS with a signed NONE or MND is referred toward as an ND or MND and completion the process used an CAN. CEQA does not require public circulation of the ND or MND. Is is encouraged, however, for agencies, organizations and mortals that commenting on the “draft” IS to be supplied with a copy of the with ND or MND (or city whereabouts it can be obtained) and subsist advised of the disposition of their comments.

For projects needing action by to California Transportation Commission (CTC) - i.e., approval of funds and/or new public road connection and/or route date - an submittal package must be sent to the Division of Environmental Analysis on forwarding to this CTC. Click klicken for the CTC submittal handbook.