CEQA and Fuels Treatments

California Department of Forestry and Fire Protection

Allen S. RobertsonEnvironmental Protection - Sacramento

Objectives:Objectives:

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

laws?laws?

CEQA and Fuels CEQA and Fuels TreatmentsTreatments

CEQA AuthorityCEQA Authority

California California Environmental Environmental

Quality ActQuality Act

Public Resources CodePublic Resources Code

Division 13. Division 13. Environmental QualityEnvironmental Quality

§§ 21000 – 21177§§ 21000 – 21177

CEQA GuidelinesCEQA Guidelines

California Code of California Code of RegulationsRegulations

Title 14, Chapter 3Title 14, Chapter 3

§§ 15000 - 15387§§ 15000 - 15387

CEQA Applies to:CEQA Applies to: “ “ProjectsProjects””

According to CEQA a According to CEQA a Project is:Project is:

► a a discretionary discretionary actionaction by a by a public public agency agency which has which has the potential to result the potential to result in a in a physical physical change in the change in the environmentenvironment, either , either directlydirectly, or , or indirectlyindirectly..

CEQA Applies to: CEQA Applies to: Public AgenciesPublic Agencies

YesYes► State AgenciesState Agencies► Counties/CitiesCounties/Cities► CA UniversitiesCA Universities► Special DistrictsSpecial Districts

RCDRCD CemeteryCemetery IrrigationIrrigation LAFCOLAFCO

NoNo► Federal AgenciesFederal Agencies► Other StatesOther States► CorporationsCorporations► Non-profit groupsNon-profit groups► Pvt. OrganizationsPvt. Organizations► Pvt. Land OwnersPvt. Land Owners► Fire Safe CouncilsFire Safe Councils

Fire Safe Councils are not Public Agencies

and have no CEQA responsibilities

CEQA Applies to CEQA Applies to ““Discretionary Actions”Discretionary Actions”

Discretionary Action - requires the exercise of Discretionary Action - requires the exercise of judgment or deliberation in approving the project.judgment or deliberation in approving the project.

Includes Public Agencies:Includes Public Agencies:

► Carrying out a project themselvesCarrying out a project themselves► Funding a project carried out by othersFunding a project carried out by others► Issuing a permit to others for a projectIssuing a permit to others for a project► Facilitating or assisting in a project Facilitating or assisting in a project

FSC projects are subject to CEQA where state or FSC projects are subject to CEQA where state or local governments are funding, permitting or local governments are funding, permitting or

assistingassisting

PermitPermit►THPsTHPs►DFG 1600DFG 1600

FundFund►GrantsGrants►VMP/CFIPVMP/CFIP

Carry outCarry out►ConstructionConstruction►Forest Forest

ResearchResearch

FacilitateFacilitate►Hand CrewsHand Crews►EquipmentEquipment

Discretionary Action Discretionary Action ExamplesExamples

CEQA Applies to:CEQA Applies to:Physical Changes in the Physical Changes in the

EnvironmentEnvironmentPhysical Changes in the Environment include:Physical Changes in the Environment include:

► Cutting trees, brush, limbsCutting trees, brush, limbs► Using heavy equipment off-roadUsing heavy equipment off-road► Creating dust, smoke or noiseCreating dust, smoke or noise► Exposing mineral soilExposing mineral soil► Disturbing species or reducing habitatDisturbing species or reducing habitat► Changing aestheticsChanging aesthetics

There may be There may be directdirect or or indirectindirect changes. changes.

State grants to FSCs that do not result in State grants to FSCs that do not result in physical changes are not projects subject to CEQA.physical changes are not projects subject to CEQA.

In SummaryIn SummaryIf the activity :If the activity :

► Involves a discretionary action,Involves a discretionary action,► By a public agency,By a public agency,► And may lead to physical changes in the And may lead to physical changes in the

environment, environment, ► Either directly or indirectly…Either directly or indirectly…

Then it is a “project” subject to CEQA.Then it is a “project” subject to CEQA.

Generally, a public agency will recognize its Generally, a public agency will recognize its lead agency role and make these lead agency role and make these

determinations; however, on occasion an determinations; however, on occasion an agency may not be aware that no other agency may not be aware that no other

agency has filled the role.agency has filled the role.

Lead AgencyLead AgencyThe Public Agency making the first, or primary, The Public Agency making the first, or primary,

discretionary decision on a project is discretionary decision on a project is Lead Lead AgencyAgency

In the case of a FSC project, generally:In the case of a FSC project, generally:► The The grantorgrantor in approving grant funds in approving grant funds► The The permitterpermitter in issuing a permit, or in issuing a permit, or► The The facilitatorfacilitator in rendering assistance in some in rendering assistance in some

way.way.

A A Responsible Agency Responsible Agency makes secondary project makes secondary project approvals or permits and relies upon approvals or permits and relies upon environmental analysis of the lead agency.environmental analysis of the lead agency.

AA Trustee Agency Trustee Agency is an agency with jurisdiction is an agency with jurisdiction over natural resources held in trust.over natural resources held in trust.

Lead AgencyLead Agency

The lead agency is responsible for:The lead agency is responsible for:

Determining appropriate CEQA document and Determining appropriate CEQA document and level of analysislevel of analysis

► Consulting with other agencies and publicConsulting with other agencies and public► Ensuring that all project impacts are Ensuring that all project impacts are

identified and mitigatedidentified and mitigated► Completing CEQA process and filing Completing CEQA process and filing

documentsdocuments

The lead agency may require grant recipient The lead agency may require grant recipient assistance in completing these tasks.assistance in completing these tasks.

CEQA DocumentsCEQA Documents

The lead agency will determine what The lead agency will determine what CEQA document is necessary, depending CEQA document is necessary, depending on:on:

►Results of surveys/studiesResults of surveys/studies►Project magnitude/timing/locationProject magnitude/timing/location►Unique or unusual circumstancesUnique or unusual circumstances► Input from other agencies/professionalsInput from other agencies/professionals►Applicable exemption classesApplicable exemption classes►Type and ability to mitigate impactsType and ability to mitigate impacts

CEQA DocumentsCEQA Documents

Categorical ExemptionCategorical Exemption► Hand treatments, pile burning, Hand treatments, pile burning,

Negative Declaration (Mitigated)Negative Declaration (Mitigated)► Mechanical treatments, broadcast burning Mechanical treatments, broadcast burning

Environmental Impact Report (EIR)Environmental Impact Report (EIR)► No EIRs for fuels projects to-dateNo EIRs for fuels projects to-date

Programmatic EIRProgrammatic EIR► Rely on existing program documents (VMP/CFIP)Rely on existing program documents (VMP/CFIP)

Categorical ExemptionsCategorical Exemptions

► Used where the project generally “fits” the Used where the project generally “fits” the exemption descriptionexemption description

► Requires “limited analysis and restrictions” to Requires “limited analysis and restrictions” to ensure that impacts don’t occurensure that impacts don’t occur

► Various “exceptions” to the use of an Various “exceptions” to the use of an exemption may applyexemption may apply

The exemptions don’t need to be applied The exemptions don’t need to be applied literally, nor are they to be applied too literally, nor are they to be applied too

liberally; the lead agency must be reasonable liberally; the lead agency must be reasonable in their application.in their application.

““Limited Analysis and Limited Analysis and Restrictions”Restrictions”

““Restrictions” on operations to support an Exemption Restrictions” on operations to support an Exemption include:include:

► No broadcast burning - piles O.K.No broadcast burning - piles O.K.► No heavy equipment off road - except existing fire No heavy equipment off road - except existing fire

breaksbreaks► Avoidance of wetlands, watercourses, vernal poolsAvoidance of wetlands, watercourses, vernal pools► No “commercial” tree removals – no THP/THP No “commercial” tree removals – no THP/THP

ExemptionExemption► Minimize noise, dust, aesthetic effects to neighbors Minimize noise, dust, aesthetic effects to neighbors

through restricted days/hours of operation and buffersthrough restricted days/hours of operation and buffers

““Limited analysis” to support an Exemption includes:Limited analysis” to support an Exemption includes:► Archaeological Records Check and survey and/or sign-Archaeological Records Check and survey and/or sign-

off by CAL FIRE archaeologist, Section 106 if Federal off by CAL FIRE archaeologist, Section 106 if Federal fundsfunds

► CNDDB check with survey of, or avoidance of, CNDDB check with survey of, or avoidance of, identified sensitive habitatsidentified sensitive habitats

► Informal consultation with agencies were necessaryInformal consultation with agencies were necessary

Categorical ExemptionsCategorical ExemptionsExemption examples include:Exemption examples include:

Class 1Class 1 – Existing Facilities – Existing Facilities► Maintenance/grading of existing fuel breaksMaintenance/grading of existing fuel breaks

Class 4Class 4 - Minor Alterations to Land or Vegetation - Minor Alterations to Land or Vegetation► Fuel management within 100 feet of structuresFuel management within 100 feet of structures► Chipper programsChipper programs► Fire Safe DemonstrationsFire Safe Demonstrations► Community Shaded Fuel BreaksCommunity Shaded Fuel Breaks

Class 7 and 8Class 7 and 8 – Actions to Protect Resources or – Actions to Protect Resources or EnvironmentEnvironment

► Extensive shaded fuel breaks along roads/ridgesExtensive shaded fuel breaks along roads/ridges► Piling and burningPiling and burning

Per CAL FIRE policy, work may not proceed until the Per CAL FIRE policy, work may not proceed until the Exemption is filed at the State ClearinghouseExemption is filed at the State Clearinghouse

Negative DeclarationNegative Declaration

Completion of Initial Study/CEQA ChecklistCompletion of Initial Study/CEQA Checklist

► Archaeological Records Check and survey and/or sign-Archaeological Records Check and survey and/or sign-off by CAL FIRE archaeologist, Section 106 if Federal off by CAL FIRE archaeologist, Section 106 if Federal fundsfunds

► CNDDB check with survey of, or avoidance of, CNDDB check with survey of, or avoidance of, identified sensitive habitatsidentified sensitive habitats

► Informal consultation with agencies were necessaryInformal consultation with agencies were necessary► Consideration of impacts to: aesthetics, air quality, Consideration of impacts to: aesthetics, air quality,

noise, soils, water quality, etc.noise, soils, water quality, etc.

All impacts must be less than significant (after All impacts must be less than significant (after mitigation)mitigation)

to qualify for a negative declarationto qualify for a negative declaration

Negative DeclarationNegative Declaration

Additional Steps:Additional Steps:► Approval of draft Neg Dec by CAL FIREApproval of draft Neg Dec by CAL FIRE► Filing of draft document at State ClearinghouseFiling of draft document at State Clearinghouse► Formal consultation with public agenciesFormal consultation with public agencies► 30 day public/agency comment period30 day public/agency comment period► Public noticingPublic noticing► Consideration of all comments receivedConsideration of all comments received► Adoption of final Neg Dec by CAL FIREAdoption of final Neg Dec by CAL FIRE► File a Notice of Determination (NOD) File a Notice of Determination (NOD)

Work may not proceed until the Work may not proceed until the NOD is filed at the State ClearinghouseNOD is filed at the State Clearinghouse

Programmatic EIRProgrammatic EIR

Some FSC projects may “fit” one of more of Some FSC projects may “fit” one of more of CAL FIRE’s programs where much of the CAL FIRE’s programs where much of the environmental analysis is already completed:environmental analysis is already completed:

► Vegetation Management Program (VMP)Vegetation Management Program (VMP)► California Forest Improvement Program (CFIP)California Forest Improvement Program (CFIP)

Eligible projects may only need completion of a Eligible projects may only need completion of a Program Checklist, limited site specific Program Checklist, limited site specific analysis and informal consultation with analysis and informal consultation with responsible and trustee agencies.responsible and trustee agencies.

BudgetingBudgeting

Grant Recipients may be called upon to:Grant Recipients may be called upon to:

►Prepare CEQA ChecklistsPrepare CEQA Checklists►Provide NDDB/Information Center Provide NDDB/Information Center

searchessearches►Conduct surveysConduct surveys►Assemble draft documents, etc.Assemble draft documents, etc.

So, be sure to budget for hiring RPFs or So, be sure to budget for hiring RPFs or other consultants and pay for studies.other consultants and pay for studies.

CEQA v. NEPACEQA v. NEPA

►NEPA is the federal “equivalent” to CEQANEPA is the federal “equivalent” to CEQA►NEPA is triggered by federal “actions”NEPA is triggered by federal “actions”►No NEPA where grants are passed through No NEPA where grants are passed through

California FSC, however there may still be California FSC, however there may still be a need to consult with other federal a need to consult with other federal agenciesagencies

► Joint CEQA/NEPA documents may be Joint CEQA/NEPA documents may be preparedprepared

►Or, separate documents relying on same Or, separate documents relying on same supporting analysissupporting analysis

Other Environmental LawsOther Environmental Laws

In the preparation of CEQA documents for FSC In the preparation of CEQA documents for FSC projects, CAL FIRE will ensure that all other projects, CAL FIRE will ensure that all other environmental laws are considered:environmental laws are considered:

► State/Federal Endangered Species ActsState/Federal Endangered Species Acts► Migratory Bird Treaty ActMigratory Bird Treaty Act► Air District Burn PermitsAir District Burn Permits► USACOE (Corps) 404 permitsUSACOE (Corps) 404 permits► Stream Bed Alteration Agreements 1600Stream Bed Alteration Agreements 1600► Section 106 NHPASection 106 NHPA

Where neither CEQA nor NEPA apply the Where neither CEQA nor NEPA apply the grantee is still responsible for compliance with grantee is still responsible for compliance with

all state and federal laws.all state and federal laws.

Questions?Questions?