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|8/30/2002||LADWP and Inyo County file Aug. 15 status report on LORP DEIR/EIS progress|
|The Los Angeles Department of Water and Power and the County of Inyo submitted a third report today to the Inyo County Superior Court detailing progress (or any lack thereof) in completing the Lower Owens River Project Draft EIR/EIS, which was originally due in June 2000. This is the last of three status reports required by stipulation of the court. An explanation of the stipulation and a copy of the report appear below.
PAUL N. BRUCE, (081619) ROCKARD J. DELGADILLO
Inyo County Counsel City Attorney
224 North Edwards Street PHILIP SHINER
P.O. Box M Chief Assistant City Attorney for
Independence, California 93526 Water and Power
(760) 878-0229 ARTHUR B. WALSH (89732)
(760) 878-2241 (fax) Assistant City Attorney
111 North Hope Street, Suite 340
GREGORY L. JAMES P.0. Box 51111
Special Legal Counsel (055760) Los Angeles, California 90051-0100
163 May Street (213) 367-4505
Bishop, California 93514
(760) 873-5695 (fax)
Attorneys for Defendant Attorneys for Defendant City of Los
County of Inyo Angeles by and through its Department
of Water and Power
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF INYO
SIERRA CLUB, and OWENS ) Case No.: S1CVCV01-29768
VALLEY COMMITTEE )
) STATUS REPORT ON PREPARATION
Plaintiffs ) OF DRAFT EIR/EIS
CITY OF LOS ANGELES; LOS )
ANGELES DEPARTMENT OF )
WATER AND POWER; and )
COUNTY OF INYO )
CALIFORNIA DEPARTMENT OF )
FISH AND GAME; and CALIFORNIA )
STATE LANDS COMMISSION )
Real Parties in Interest. )
On May 29, 2002, the parties to this litigation, and the California Department of Fish and
Game and the California State Lands Commission (as Real Parties in Interest) filed a
stipulation in the above entitled case (“Stipulation”). Section 2 of the Stipulation provides as
2. Defendants will prepare the Draft EIR/EIS in accordance with the schedule attached hereto as Exhibit "A." (Hereinafter "Schedule.") On July 1, 2002, July 31, 2002, and August 15, 2002, Defendants, either jointly or separately, will submit to the Court, the Plaintiffs, and the Real Parties in Interest, a status report on the preparation of the EIR/EIS. The status report shall include: (1) whether all work required by the Schedule to be completed as of the date of the report, has been completed; (2) a description of any work required by the Schedule to be completed as of the date of the report, that has not been completed; (3) an explanation of why any work required by the Schedule to be completed, has not been completed; (4) a statement of whether the failure to complete any work required to be completed by the Schedule will potentially delay the completion and release of the EIR/EIS beyond August 31, 2002; (5) a brief summary of the federal agency activity undertaken toward completion of the EIS component of the EIR/EIS and (6) a description of any foreseeable problems that may delay the completion and release of the EIR/EIS beyond August 31, 2002.
This document is the August 15, 2002 status report on the Draft EIR/EIS that is required by Section 2 of the Stipulation. As provided in Section 2 of the Stipulation, this status report is jointly submitted by Defendants County of Inyo and the City of Los Angeles, and Los Angeles Department of Water and Power (“LADWP”).
Under California law, LADWP is the lead agency, and the County of Inyo is a responsible agency. The Environmental Protection Agency (“EPA”) is the federal lead agency. Ecosystem Sciences Incorporated (“ESI”), a contractor for Defendant LADWP, is assisting in the preparation of the Draft EIR/EIS. ESI was selected by the MOU parties to undertake certain work under the direction of Defendants in regard to the LORP. URS is the consultant who is preparing the Draft EIR/EIS. As agreed by the Defendants, URS is performing such work under a contract with Defendant County of Inyo. Hereinafter, these entities and organizations are sometimes collectively referred to as “those responsible for preparing the EIR/EIS.”
1. Has all work required by the Schedule to be completed as of the date of the report, been completed?
2. Describe any work required by the Schedule to be completed as of the date of the report that has not been completed.
Response: The Schedule requires the Draft LORP Plan to be completed during the week of June 10, 2002. The Draft Plan was submitted to LADWP, the County and the EPA by ESI on July 24, 2002. The Schedule requires URS to issue an Administrative Draft EIR/EIS during the week of June 24, 2002. The Administrative Draft EIR/EIS was submitted on August 7, 2002. The delays in these submittals are explained in the July 1, 2002 status report on the Draft EIR/EIS that was submitted to the Court by the Defendants. The Schedule requires the Lead Agencies to reach consensus on the Administrative Draft EIR/EIS by the week of July 22, 2002. Consensus was not reached as required by the Schedule. It is anticipated that consensus on the Administrative Draft EIR/EIS will be reached by August 26, 2002.
3. Explain why any work required by the Schedule to be completed, has not been completed.
The reasons why the work required by the Schedule has not been timely completed are fully explained in the July 1, 2002 status report. At that time, Defendants reported that the release of the Draft EIR/EIS to the public might be delayed four weeks beyond the date required by the Schedule. Since the submittal of that report, there have been no additional delays that would further extend the release of the Draft EIR/EIS to the public beyond four weeks after August 31, 2002.
4. State whether the failure to complete any work required to be completed by the Schedule will potentially delay the completion and release of the EIR/EIS beyond August 31, 2002.
Response: Although the Defendants, ESI, URS and the EPA have attempted to overcome the past delays in achieving the Schedule, it is expected that the Draft EIR/EIS will not be released to the public before September 30, 2002.
5. Provide a brief summary of the federal agency activity undertaken toward completion of the EIS component of the EIR/EIS.
Response: Since the submission of the July 1, 2002 status report on the Draft EIR/EIS, the EPA has timely completed all required work on the Draft EIR/EIS.
6. Provide a description of any foreseeable problems that may delay the completion and release of the EIR/EIS beyond August 31, 2002.
Response: At present, there are no foreseeable problems that may delay the completion of the EIR/EIS beyond September 30, 2002; however, there is a potential that if issues concerning the project description are not promptly resolved, the release of the Draft EIR/EIS may be delayed beyond September 30, 2002.
Respectively submitted on behalf of Defendants County of Inyo, City of Los Angeles, and the City of Los Angeles Department of Water and Power this fifteen day of August 2002.
Paul N. Bruce, County Counsel
Gregory L. James, Special Legal Counsel
Attorneys for Defendant County of Inyo
DECLARATION OF SERVICE
CASE NAME: Sierra Club & Owens Valley Committee v. City of Los Angeles, Los Angeles Department of Water and Power and County of Inyo
CASE NUMBER: Inyo County Superior Court Case No. S1CVCV01-29768
I am employed in the County of Inyo, over the age of 18 years and not a party to the within entitled action. My business address is 224 North Edwards Street, P.O. Box M, Independence, California 93526
On August 15, 2002, I served the foregoing document(s) described as:
Status Report on Preparation of Draft EIR/EIS
on all parties in said action, by causing a true copy thereof to be transmitted in a sealed envelope, addressed as shown below,
By Fax and U.S. Mail:
Donald B. Mooney, Esq.
Law Offices of Donald B. Mooney
129 C Street, Suite 2
Davis, CA 95616
Fax (530) 758-7169
Laurens H. Silver, Esq.
California Environmental Law Project
302 Sycamore Avenue
Mill Valley, CA 94941
Fax (415) 383-7995
Arthur B. Walsh, Esq.
Assistant City Attorney
City of Los Angeles
Post Office Box 51111
Los Angeles, Ca 90051-0100
Fax (213) 367-4588
Gordon B. Burns
Deputy Attorney General
Office of the Attorney General
1300 I Street, Suite 1101
P.O. Box 944255
Sacramento, CA 94244-2550
Fax (916) 322-5609
Attorney for Owens Valley Committee
Attorney for Sierra Club
Attorney for City of Los Angeles Department of Water & Power
Attorney for Real Parties in Interest California State Lands Commission and California Department of Fish & Game
[xx ] (By Mail) I personally deposited said envelope(s) with the United States Postal Service at Bishop, California with first class postage thereon fully prepaid.
[ ] (By Mail) I deposited such envelope(s) in the mail at Bishop, California. I am readily familiar with the County's practice whereby the mail, after being placed in a designated area, is given the appropriate first class postage and is deposited with the U.S. Postal Service on that same day.
[ ] (By Express Mail/Overnight Delivery) I caused such envelope to be delivered by hand to the office of the addressee via overnight delivery pursuant to C.C.P. § 1013(c), with delivery fees fully prepaid.
[xx ] (By Facsimile) By faxing a true copy to party(ies) listed.
[ ] (By Personal Service) I caused such envelope(s) to be delivered personally to the office(s) of addressee(s).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated: August 15, 2002 _________________________________
Paula J. Weller
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