# Presentation: 335961

## CEQA and Fuels Treatments

**California Department of Forestry and Fire Protection**
**Allen S. Robertson**
**Environmental Protection - Sacramento**

## Objectives:

When does CEQA apply?
Who is the “lead agency?
What CEQA documents are required?
What analysis is necessary?
What is the process/timeline?
How does CEQA relate to NEPA?
What about other environmental laws?

- When does CEQA apply?
- Who is the “lead agency?
- What CEQA documents are required?
- What analysis is necessary?
- What is the process/timeline?
- How does CEQA relate to NEPA?
- What about other environmental laws?

**CEQA and Fuels Treatments**

## CEQA Authority

**California Environmental Quality Act**
- Public Resources Code
- Division 13. Environmental Quality
- §§ 21000 – 21177
**CEQA Guidelines**
- California Code of Regulations
- Title 14, Chapter 3
- §§ 15000 - 15387

## CEQA Applies to: “Projects”

- According to CEQA a Project is:
- a _***discretionary action***_ by a _***public agency ***_which has the potential to result in a _***physical change in the environment***_, either _***directly***_, or _***indirectly***_.

## CEQA Applies to: Public Agencies

- _Yes_
- State Agencies
- Counties/Cities
- CA Universities
- Special Districts
- RCD
- Cemetery
- Irrigation
- LAFCO

- _No_
- Federal Agencies
- Other States
- Corporations
- Non-profit groups
- Pvt. Organizations
- Pvt. Land Owners
- Fire Safe Councils

*Fire Safe Councils are not Public Agencies *
*and have no CEQA responsibilities*

## CEQA Applies to “Discretionary Actions”

- Discretionary Action - requires the exercise of judgment or deliberation in approving the project.
- Includes Public Agencies:
- Carrying out a project themselves
- Funding a project carried out by others
- Issuing a permit to others for a project
- Facilitating or assisting in a project
*FSC projects are subject to CEQA where state or *
*local governments are funding, permitting or assisting*

## Permit
THPs
DFG 1600

- THPs
- DFG 1600

_**Fund**_
- Grants
- VMP/CFIP

_**Carry out**_
- Construction
- Forest Research

_**Facilitate**_
- Hand Crews
- Equipment

- Discretionary Action Examples

## CEQA Applies to:Physical Changes in the Environment

- Physical Changes in the Environment include:
- Cutting trees, brush, limbs
- Using heavy equipment off-road
- Creating dust, smoke or noise
- Exposing mineral soil
- Disturbing species or reducing habitat
- Changing aesthetics
- There may be _direct_ or _indirect_ changes.
*State grants to FSCs that do not result in *
*physical changes are not projects subject to CEQA.*

## In Summary

- If the activity :
- Involves a discretionary action,
- By a public agency,
- And may lead to physical changes in the environment,
- Either directly or indirectly...
- Then it is a “project” subject to CEQA.
*Generally, a public agency will recognize its lead agency role and make these determinations; however, on occasion an agency may not be aware that no other agency has filled the role.*

## Lead Agency

*The Public Agency making the first, or primary, discretionary decision on a project is ****Lead Agency***
- In the case of a FSC project, generally:
- The *grantor* in approving grant funds
- The *permitter* in issuing a permit, or
- The *facilitator* in rendering assistance in some way.
- A **Responsible Agency **makes secondary project approvals or permits and relies upon environmental analysis of the lead agency.
- A** Trustee Agency **is an agency with jurisdiction over natural resources held in trust.

## Lead Agency

- The lead agency is responsible for:
- Determining appropriate CEQA document and level of analysis
- Consulting with other agencies and public
- Ensuring that all project impacts are identified and mitigated
- Completing CEQA process and filing documents
*The lead agency may require grant recipient assistance in completing these tasks.*

## CEQA Documents

- The lead agency will determine what CEQA document is necessary, depending on:
- Results of surveys/studies
- Project magnitude/timing/location
- Unique or unusual circumstances
- Input from other agencies/professionals
- Applicable exemption classes
- Type and ability to mitigate impacts

## CEQA Documents

- Categorical Exemption
- Hand treatments, pile burning,
- Negative Declaration (Mitigated)
- Mechanical treatments, broadcast burning
- Environmental Impact Report (EIR)
- No EIRs for fuels projects to-date
- Programmatic EIR
- Rely on existing program documents (VMP/CFIP)

## Categorical Exemptions

- Used where the project generally “fits” the exemption description
- Requires “limited analysis and restrictions” to ensure that impacts don’t occur
- Various “exceptions” to the use of an exemption may apply
*The exemptions don’t need to be applied literally, nor are they to be applied too liberally; the lead agency must be reasonable in their application.*

## “Limited Analysis and Restrictions”

- “Restrictions” on operations to support an Exemption include:
- No broadcast burning - piles O.K.
- No heavy equipment off road - except existing fire breaks
- Avoidance of wetlands, watercourses, vernal pools
- No “commercial” tree removals – no THP/THP Exemption
- Minimize noise, dust, aesthetic effects to neighbors through restricted days/hours of operation and buffers
- “Limited analysis” to support an Exemption includes:
- Archaeological Records Check and survey and/or sign-off by CAL FIRE archaeologist, Section 106 if Federal funds
- CNDDB check with survey of, or avoidance of, identified sensitive habitats
- Informal consultation with agencies were necessary

## Categorical Exemptions

- Exemption examples include:
*Class 1* – Existing Facilities
- Maintenance/grading of existing fuel breaks
*Class 4* - Minor Alterations to Land or Vegetation
- Fuel management within 100 feet of structures
- Chipper programs
- Fire Safe Demonstrations
- Community Shaded Fuel Breaks
*Class 7 and 8* – Actions to Protect Resources or Environment
- Extensive shaded fuel breaks along roads/ridges
- Piling and burning
*Per CAL FIRE policy, work may not proceed until the *
*Exemption is filed at the State Clearinghouse*

## Negative Declaration

- Completion of Initial Study/CEQA Checklist
- Archaeological Records Check and survey and/or sign-off by CAL FIRE archaeologist, Section 106 if Federal funds
- CNDDB check with survey of, or avoidance of, identified sensitive habitats
- Informal consultation with agencies were necessary
- Consideration of impacts to: aesthetics, air quality, noise, soils, water quality, etc.
*All impacts must be less than significant (after mitigation)*
*to qualify for a negative declaration*

## Negative Declaration

- Additional Steps:
- Approval of draft Neg Dec by CAL FIRE
- Filing of draft document at State Clearinghouse
- Formal consultation with public agencies
- 30 day public/agency comment period
- Public noticing
- Consideration of all comments received
- Adoption of final Neg Dec by CAL FIRE
- File a Notice of Determination (NOD)
*Work may not proceed until the *
*NOD is filed at the State Clearinghouse*

## Programmatic EIR

- Some FSC projects may “fit” one of more of CAL FIRE’s programs where much of the environmental analysis is already completed:
- Vegetation Management Program (VMP)
- California Forest Improvement Program (CFIP)
- Eligible projects may only need completion of a Program Checklist, limited site specific analysis and informal consultation with responsible and trustee agencies.

## Budgeting

- Grant Recipients may be called upon to:
- Prepare CEQA Checklists
- Provide NDDB/Information Center searches
- Conduct surveys
- Assemble draft documents, etc.
- So, be sure to budget for hiring RPFs or other consultants and pay for studies.

## CEQA v. NEPA

- NEPA is the federal “equivalent” to CEQA
- NEPA is triggered by federal “actions”
- No NEPA where grants are passed through California FSC, however there may still be a need to consult with other federal agencies
- Joint CEQA/NEPA documents may be prepared
- Or, separate documents relying on same supporting analysis

## Other Environmental Laws

- In the preparation of CEQA documents for FSC projects, CAL FIRE will ensure that all other environmental laws are considered:
- State/Federal Endangered Species Acts
- Migratory Bird Treaty Act
- Air District Burn Permits
- USACOE (Corps) 404 permits
- Stream Bed Alteration Agreements 1600
- Section 106 NHPA
*Where neither CEQA nor NEPA apply the *
*grantee is still responsible for compliance with *
*all state and federal laws.*

## Questions?