TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser - District Manager
REPORT BY: Jeremy Sarrow - Watershed and Flood Control Operations Manager
SUBJECT: Approval of Right Of First Refusal Agreement No. 250105B (FC) for the funding of the Bale Slough Bear Creek Restoration Project - Group B
RECOMMENDATION
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Approve and authorize Right of First Refusal Agreement No. 250150B (FC) at no cost to the District with Clover Flat Land Fill, LLC, related to funding the Bale Slough - Bear Creek Restoration Project - Group B. (Fiscal Impact: $100 Revenue; Flood District; Not Budgeted; Discretionary)
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BACKGROUND
Clover Flat Landfill (“CFLF”) is in is in the process of complying with a Cleanup and Abatement Order (“CAO”) issued by the Regional Water Quality Control Board (RWQCB) pertaining to prior unauthorized impacts associated with the discharge of fill, sediment deposition, and removal of riparian vegetation at the CFLF’s Landfill located in Napa County. CFLF approached the District with an offer to potentially fund the Group B portion of the Bale Slough - Bear Creek Restoration Project (“Project”) in order to mitigate for the unauthorized impacts and comply with conditions contained within the CAO. In consultation with CFLC, the RWQCB and other regulatory entities, the District has agreed to potentially accept funding from CFLF for implementation of the Group B restoration sites once all representative stakeholders, including landowners, involved with the Project have fully committed to the final designs and plans for the Project.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Construction of the Project is consistent with the direction from the Board to accomplish watershed restoration projects of this type. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
The entire construction project would be funded by CFLF. Long term maintenance would be funded by the OVOK Community Facilities District that was created by the Flood Control District. |
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Consequences if not approved: |
The Project would not be funded by CFLF and the District would seek grant funds for implementation. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The project is the subject of a Mitigated Negative Declaration (SCH No. 20211090589), which was adopted by the Napa County Flood Control District on November 15, 2021. According to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas: Aesthetics, Biological Resources, Transportation/Traffic, Cultural Resources, and Air Quality. This project site is not on any of the lists of hazardous waste sites enumerated under Government Code section 65962.5