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ENVT Impact > Midterm 2 > Flashcards

Midterm 2 Flashcards

1
Q

Negative Declaration

A

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

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2
Q

When in the CEQA process is a ND filed?

A

After Initial Study

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3
Q

What are the required contents of a ND?

A
  • 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
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4
Q

Mitigated Negative Declaration

A

Document prepared when there are no potential significant impacts after application of mitigation

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5
Q

When is a MND used instead of a ND?

A

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.

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6
Q

Under what conditions can mitigations be substituted?

A

• 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

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7
Q

Under what conditions must a subsequent ND or MND be filed?

A
  • 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
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8
Q

What does the term tiering refer to?

A

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

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9
Q

What are examples of first, second, and third level tiers?

A

First: General Plan or Program EIR
Second: Community or Specific Plan EIR
Third: Development Project or Infrastructure EIR

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10
Q

Under what four conditions would you use a Program EIR?

A
  1. Activities that are linked geographically
  2. Activities that are logical parts of chain of contemplated events
  3. Rules, regulations, or plans that govern conduct of continuing program
  4. Individual activities carried out under same authorizing statutory or regulatory authority and having generally similar environmental effects that can be mitigated in similar ways
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11
Q

What are some advantages of Program EIRs?

A

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)

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12
Q

When would you use a Master EIR?

A
  • 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
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13
Q

What are the special content requirements of a Master EIR?

A
  • 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
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14
Q

Staged EIR

A

evaluates proposal in light of current and contemplated plans and produce informed estimate of environmental consequences of the entire project.

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15
Q

Notice of Preparation

A

Brief notice sent by Lead Agency notifying Responsible, Trustee, and involved federal agencies that it plans to prepare EIR for project

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16
Q

Who receives a NOP?

A

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

17
Q

Who may write a Draft EIR?

A
  • Lead agency staff
  • Another public or private entity
  • Project applicant or project applicant’s consultant
18
Q

What are the responsibilities of the Lead Agency?

A
  • 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.
19
Q

Whom must the Lead Agency consult with and request comments on the DEIR from?

A
  • 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
20
Q

When does the lead agency file a notice of completion?

A

As soon as it has completed a draft EIR

21
Q

When must the State Clearing House be used to distribute DEIRs?

A
  • 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,”
22
Q

What are the required components of Draft EIR?

A
  • 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)
23
Q

What must be included in a project description?

A
  • Project objectives
  • Project location
  • Project characteristics
  • Reasonably foreseeable future phases
  • Required approvals or permits
  • Agencies using EIR
24
Q

What must be included in the environmental setting?

A

Description of setting for every resource discussed

25
Q

environmental baseline

A

The environmental baseline defined by CEQA Guidelines 15125 specifies that a project’s environmental setting normally is the “baseline” for environmental analysis.

26
Q

What are growth-inducing effects?

A

When project either removes an obstacle to or otherwise enhances the possibility for related development to occur. This may be directly or indirectly foresters economic or population growth or the construction of additional housing, taxes community service facilities to the extent that the construction of new facilities would be necessary or encourages or facilitates other activities that cause significant environmental effects.

27
Q

What are the environmental resources that impacts are analyzed for?

A

Resources involving physical alterations to ecological systems, changes induced in population distribution and concentration, human use of land, health and safety problems

28
Q

CEQA provides guidance on the analysis of impacts of for some resources-what are these resources?

A
  • Agricultural land
  • Historical resources
  • Archaeological resources
  • Public water systems
  • Greenhouse gas and climate change
29
Q

How is impact significance determined?

A

In general, EIR should define threshold of significance for each impact and explain criteria used to judge whether impact is above or below that threshold

30
Q

thresholds of significance

A

Identifiable quantitative, qualitative, or performance levels of particular environmental effects

31
Q

Do you need to identify beneficial impacts?

A

Yes

32
Q

What are the five types of mitigation measures?

A
  • Avoiding impact
  • Minimizing impact
  • Rectifying impact
  • Reducing or eliminating impact over time
  • Compensating for impact
33
Q

How does each type of mitigation function to minimize impacts?

A
  • AVOID – not taking certain actions or parts of actions
  • MINIMIZE - limiting the degree or magnitude of the impact
  • RECTIFY - repairing, rehabilitating the affected environment
  • REDUCE OR ELIMINATE - over time through preservation or maintenance
  • COMPENSATE - replace or provide substitute resource or environment
34
Q

Do mitigation measures need to be monitored?

A

Yes. A plan needs to be outlined, w/ aspects that someone can go back and refer to. Including a timeline of when and how mitigation measure can be monitored.

35
Q

What are five questions that can be used to evaluate the effectiveness of mitigation measures?

A
  • WHY - what is the objective of the mitigation
  • WHAT - explain the specific, measurable performance standards and contingent monitoring
  • WHO - identify agency, organization or person responsible for implementation
  • WHERE - identify the specific location of the measure
  • WHEN - schedule for implementation
36
Q

What mitigation measures are required for oak woodlands?

A

When projects would have a significant impact on oak woodlands and a county is the lead agency, CEQA requires that the EIR includes one or more of the following specific measure:
• Conserving oaks through the use of conservation easements
• Planting and maintaining appropriate number of trees either onsite or in restoration of a former oak woodlands (planting trees is limited to half the mitigation requirement)
• Contributing funds to the Oak Woodlands Conservation Fund for the purpose of purchasing conservation easements
• Other mitigation measures developed by the county (element of “required” mitigation gives the county lead agency the discretion to substitute different mitigation than prescribed above, as long as substantial evidence supports the conclusion that it is equivalent or better than the enumerated measures)

37
Q

When does the oak woodlands requirement not apply?

A

When:
• Projects undertaken pursuant to an NCCP that includes oaks as a covered species or that conserves oak habitats consistent w/ the bill
• Affordable housing projects for lower income households
• Conversion of oak woodlands for agricultural land “that includes land that is used to produce or process plant and animal products for commercial purpose”
• Projects undertaken pursuant to a certified regulatory program

38
Q

What is the no-project alternative?

A

EIR must always evaluate and analyze the impacts of the no-project alternative. This allows decision makers to compare the impacts of approving the project w/ the impacts of not approving the project. Not the baseline for determining whether the proposed project’s impacts are significant unless it is identical to the existing environmental setting analysis that established the baseline

39
Q

What are the elements of the alternatives analysis of an EIR?

A
  1. reasonable and feasible alternatives that achieve objectives of the project
  2. a No Project alternative
  3. an Environmentally Superior Alternative (other than no project)

ENVT Impact (2 decks)

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