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CEQA ScopingCEQA Scoping

Naomi FegerNaomi Feger

Planning TMDL Section LeaderPlanning TMDL Section LeaderRegion 2Region 2

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Today’s PresentationToday’s Presentation

Purpose of CEQA ScopingPurpose of CEQA Scoping Benefits of ScopingBenefits of Scoping When to scope?When to scope? Public Notice of scoping sessionPublic Notice of scoping session Conducting the scoping meetingConducting the scoping meeting Meeting management Meeting management

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Purpose of ScopingPurpose of Scoping

Scoping is required for projects of Scoping is required for projects of “statewide, regional or area-wide “statewide, regional or area-wide significance.” significance.” (CEQA (CEQA §§21083)21083)

Invite public input Invite public input earlyearly in the process – in the process – head off future problems head off future problems

Solicit comments on the scope of our Solicit comments on the scope of our environmental analysisenvironmental analysis

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Benefits of ScopingBenefits of Scoping

Opportunity to inform the stakeholders Opportunity to inform the stakeholders about Project about Project

Helps to identify range of actions, Helps to identify range of actions, alternatives, mitigation measures, alternatives, mitigation measures, and significant effects to be analyzed and significant effects to be analyzed

Incorporate modifications early to Incorporate modifications early to resolve potential problemsresolve potential problems

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When to Scope?When to Scope? ““As early as possible” As early as possible” (Guidelines §15083)(Guidelines §15083) When you can present and discussWhen you can present and discuss

Project objectivesProject objectives Draft Project description Draft Project description Reasonably foreseeable compliance measures Reasonably foreseeable compliance measures

i.e., potential implementation requirements – i.e., potential implementation requirements – specific actions or measures specific actions or measures

Reasonable alternatives Reasonable alternatives For TMDLs, generally at Project Report stageFor TMDLs, generally at Project Report stage

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Noticing the Scoping MeetingNoticing the Scoping Meeting

Notify as broadly as feasibleNotify as broadly as feasible At least 30 days notice suggestedAt least 30 days notice suggested Publish notice for one day in an Publish notice for one day in an

“appropriate newspaper”“appropriate newspaper” Notice by mail and email Notice by mail and email Post on websitePost on website

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And the Notice Goes To…And the Notice Goes To…

All interested partiesAll interested parties Organizations or individuals who filed Organizations or individuals who filed

written requests for noticewritten requests for notice

AND AND Everyone elseEveryone else

Any responsible agencyAny responsible agency Any public agency with legal jurisdiction Any public agency with legal jurisdiction

related to the projectrelated to the project

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Conducting the Scoping Conducting the Scoping MeetingMeeting

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Conducting the Scoping Conducting the Scoping MeetingMeeting

Take advantage of the meeting to combine it Take advantage of the meeting to combine it with a public workshop with a public workshop

Make clear distinction between public workshop Make clear distinction between public workshop and CEQA scoping and CEQA scoping

Options for meeting recordOptions for meeting record Audio recordingAudio recording Meeting notes or summaryMeeting notes or summary Court reporter and transcriptCourt reporter and transcript

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Conducting the Scoping Conducting the Scoping Meeting Meeting

Manage expectations by clarifying the Manage expectations by clarifying the purpose of the meeting:purpose of the meeting: Explain the project and the steps in the Explain the project and the steps in the

process process Explain our obligation under CEQA Explain our obligation under CEQA Hear stakeholders’ comments, concerns, and Hear stakeholders’ comments, concerns, and

ideas – not debate issues or make decisionsideas – not debate issues or make decisions Review agenda and meeting ground rulesReview agenda and meeting ground rules

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Prompting DiscussionPrompting Discussion The more concrete information you provide, the The more concrete information you provide, the

better the discussion will bebetter the discussion will be Take time to explain CEQA requirements and Take time to explain CEQA requirements and

process, including terminology e.g.,process, including terminology e.g., Significant and potentially significant impactsSignificant and potentially significant impacts mitigation mitigation cumulative impactscumulative impacts

Ask for inputAsk for input““Do you foresee any significant or potentially significant Do you foresee any significant or potentially significant

adverse environmental impacts?”adverse environmental impacts?”

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Meeting ManagementMeeting Management

Be clear about how staff will use/honor Be clear about how staff will use/honor commentscomments Explain that we’re not required to respond in Explain that we’re not required to respond in

writing, but staff will consider comments as we writing, but staff will consider comments as we develop the environmental analysis develop the environmental analysis

Identify time frame for submission of Identify time frame for submission of comments, provide staff contact info comments, provide staff contact info

Note comments on flip chart; ALSO take Note comments on flip chart; ALSO take notes on a laptop, or bring a note-takernotes on a laptop, or bring a note-taker

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Depending on Your Stakeholders…Depending on Your Stakeholders…

Depending on the stage of your project, level of controversy, Depending on the stage of your project, level of controversy, time/resource constraints and public interest…time/resource constraints and public interest…

You may choose to You may choose to Develop a stakeholder involvement planDevelop a stakeholder involvement plan Consider using a facilitator (neutral moderator/ WB staff)Consider using a facilitator (neutral moderator/ WB staff) Format your official notice formally or informally Format your official notice formally or informally Present a blank or a draft checklistPresent a blank or a draft checklist Present draft alternativesPresent draft alternatives

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Potential Meeting HandoutsPotential Meeting Handouts

Basin Planning/TMDL flowchart or other Basin Planning/TMDL flowchart or other simple, helpful handoutsimple, helpful handout

Preliminary project report or description Preliminary project report or description of proposed activityof proposed activity

Blank or draft checklistBlank or draft checklist List of alternatives identified to date List of alternatives identified to date

(optional)(optional) List of references relied on for research to List of references relied on for research to

date; websites, staff contactsdate; websites, staff contacts

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Take Home MessageTake Home Message

Emphasize and re-emphasize that Board Emphasize and re-emphasize that Board decisions have not been made, and public decisions have not been made, and public input will be input will be consideredconsidered Prominently mark all materials “DRAFT”Prominently mark all materials “DRAFT” Note CEQA’s requirement to evaluate an actual Note CEQA’s requirement to evaluate an actual

project, not just an idea…project, not just an idea…

No requirement to respond to all comments No requirement to respond to all comments

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Scoping SummaryScoping Summary

Scoping provides valuable input Scoping provides valuable input Local conditionsLocal conditions Stakeholder concerns - early in processStakeholder concerns - early in process

First formal step in CEQA – opportunity to First formal step in CEQA – opportunity to get project on good footingget project on good footing

Manage expectations – communicate Manage expectations – communicate meeting objectives clearlymeeting objectives clearly

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Questions?Questions?