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Thread: CEQA - is that a change in 'project description'?

  1. #1
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    CEQA - is that a change in 'project description'?

    OK- so here is the scenario: Agency produces EIR a few years back for a slew of train stations. In the EIR, they denote station locations. Now, they are running into some issues and are proposing the change of a couple of the locations.

    The question now is whether they need to produce a supplemental EIR or if they can get by with just an addendum. Does changing the location of a station qualify as a change in project description?

    THOUGHTS?????

  2. #2
    Cyburbian Raf's avatar
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    Depends. Are the stations moving across the street on land already under the same owner's possession? Are they moving blocks away? If it is in the same general area (say within the same block) then an addendum could be issued. if the stations moved to an area not studied by the EIR or project alternatives than a good case can be made for an seir. However all this could be rendered moot point if the EIR is a program level EIR since additional enviornmental work is required under CEQA.


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    Cyburbian Richmond Jake's avatar
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    Quote Originally posted by nejlepsihest View post
    .......THOUGHTS?????
    It's been a few years since I've dealt with CEQA (and as you know, it changes every year), but I'll offer this thought: If you want to make the document bullet-proof from a legal challenge standpoint, do a supplemental.
    Annoyingly insensitive

  4. #4
    Cyburbian Raf's avatar
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    Off-topic:
    Quote Originally posted by RichmondJake View post
    If you want to make the document bullet-proof from a legal challenge standpoint, do a supplemental.


    Get that from the school of consultants?
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    OK, so the second location is across the street. Oh and one more thing... on top of wetlands.

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    Cyburbian Raf's avatar
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    Quote Originally posted by nejlepsihest View post
    OK, so the second location is across the street. Oh and one more thing... on top of wetlands.
    and your point being... did the original EIR study this? Are these army corp of engineers verified wetlands that have been delineated, or some nimby "save my town" because the fairy shrimp need a home too kinda thing?
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  7. #7
    Cyburbian
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    Quote Originally posted by nejlepsihest View post

    THOUGHTS?????
    Be more thorough in stating your problem next time (i.e., oh yea, there are wetlands).

    A new significant impact (e.g., wetland fill) nixes the EIR addendum.

    Also, a Supplemental EIR would be more defensible than a Mitigated Negative Declaration since you would avoid the "fair argument" test.

  8. #8
    Cyburbian jswanek's avatar
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    .

    An addendum is supposed to be a TECHNICAL update. If there are any POLICY implications to the changes, an addendum would never stand up in court, which is practically the only consideration.

    .

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