NID Board Closes Out 2009 In a Flood of Business

From YubaNet.com

Regional
NID Board Closes Out 2009 In a Flood of Business
Author: Susan Snider, YubaNet
Published on Dec 15, 2009 - 7:21:12 AM

GRASS VALLEY, Dec. 15, 2009 - Following a presentation by Special Projects Manager Brian Powell at Nevada Irrigation District's recent board meeting (Dec. 9), directors approved a negative declaration on the district's proposed Clipper Creek Siphon Replacement project. Designed to replace 3900 feet of currently unreliable Techite pipe (a reinforced plastic mortar material) with a new steel pipeline, the project is part of the district's plan to increase annual investment in its strategic raw water conveyance infrastructure for purposes of maintaining service and meeting future demand.

Several aspects of this project make it unique. From a CEQA standpoint, the initial study and negative declaration utilize mitigation measures from the previously approved 2007 Lower Cascade/Banner Cascade EIR. Replacement of the Clipper Creek siphon will occur simultaneously with the Banner Cascade project to take advantage of potential cost savings. The project is also significant because it will provide water to some new customers outside NID's boundaries on Banner Mountain.

"This is the first time in recent history that we are delivering water outside district boundaries," Director John Drew observed. Well-known Nevada City resident John Paye negotiated with the district for water service to be provided upon completion of the Clipper Creek project.

While Powell said district boundaries on Banner Mountain would not change to include individuals like Paye, he did assure the board that they would be paying "outside district" rates. These run 25 percent above rates paid by customers within NID's boundaries.

Completion of Darkhorse Waterline Approved

Far from living up to its prophetic name, the beleaguered Darkhorse project in southern Nevada County will continue to receive water from NID. Following a presentation by Chief Engineer Gary King, the board placed its stamp of approval on an agreement with Nevada County calling for completion of the subdivision with proposed pipeline work to be provided by the district.

King said that three occupied lots are currently receiving NID water. And there are at least 70 other vacant lots which would be slated for water once capacity fees are collected on each individual parcel. According to an NID staff report, the district agreed to provide water to existing homes in the project because of significant well problems. But such work did not complete the Darkhorse water system.

"We have three objectives," King said, referring to the Darkhorse waterline project. "To get water to existing lots. To provide water to the Combie Homeowners Association -- which we have achieved. And to run water through Darkhorse to Lake of the Pines because they also need water."

The Darkhorse project is currently in foreclosure.

Rodeo Flat Road Project to Proceed

Concluding the final stages of CEQA review on its proposed Rodeo Flat Road Pipeline and Pump Station Project, NID directors voted to approve the new treated water distribution system. With approval of the mitigated negative declaration and its associated mitigated monitoring and reporting plan -- and if construction goes according to schedule -- 36 homeowners within the Rodeo Flat Assessment District will begin to receive NID water by July 2010.

Located in the district's Lake of the Pines community service area, the new pipeline and pump station will enable NID to "meet the community's year-round potable water demands." According to NID, local property owners have requested district water service to replace or supplement water obtained from private wells.

While generally praising the project's initial environmental study, Director Nancy Weber nevertheless voiced concerns about the mitigation monitoring plan. "I think this is a well done study with one exception: the idea of deferred mitigation," she advised. "Mitigated negative declarations cannot be made on information from future studies."

Responding to Weber's comments, NID's legal counsel Jeff Meith said that mitigation can be deferred if the issue is clearly defined and NID stipulates how it plans to mitigate the specific issue.

Eminent Domain: The Avenue of Last Resort

As NID continues to approve and proceed with projects, barriers to construction schedules sometimes surface. And they aren't necessarily about nesting birds or breeding frogs. For three of its major pipeline projects -- Banner Cascade, Cement Hill, and Mt. Vernon -- the district faces impasses over acquiring necessary property rights. In the case of ten parcels -- six in Placer County and four in Nevada County -- NID must decide whether or not to venture into the unenviable position of initiating eminent domain proceedings.

Speaking before the board, Senior Right of Way Agent Matthew Crowe requested a change in current district practice on sending out a Notice of Intent (NOI) to Commence Eminent Domain Proceedings. Historically, it has been the preference of NID's board to be apprised of any eminent domain issues before a decision to send an NOI is made. But at last week's board meeting, Crowe asked the board to place the decision solely in the hands of NID's General Manager. "This is for any district project," Crowe advised. "We want to change current practice. We are not required to come to the board and have your involvement, but it has been our practice to discuss the potential sending of a letter of intent," Crowe added.

Surprisingly, General Manager Ron Nelson voiced immediate concern over such a change. "I don't want to be out on a limb without the board knowing," he said, facing NID's five directors.

Director John Drew was adamant about keeping current practice in place. "I want each case brought to the board, even if it means more time to staff before the letter goes out," Drew spoke directly to Crowe.

Background information behind a possible eminent domain proceeding is also important to Director Nancy Weber. "I want to know the history surrounding these," Weber added, concurring with Drew.

In response, Chief Engineer Gary King warned that construction schedules on the various projects could be delayed because of issues over "right of way" acquisitions. Referring specifically to the district's Cement Hill project, King expressed concern about the level of public resistance surrounding the pipeline project. "There is a significant group of people there who don't want it and are setting up barriers to the project," King advised the board. Alluding to potential delays, King added that adjustments to the construction schedule would be significant.

King said staff would compile specific information on each parcel facing potential eminent domain proceedings and report back to the board in January 2010. No formal authorization was issued by directors on the subject of revising the current NOI process.

Local Contractors Group Lauds NID Collaboration

In an effort to better support local business, NID approved a Local Bidders Preference (LBP) requirement for its Banner Cascade project. This addition to the project contract calls for a preference to local companies and suppliers and will require the contractor to use local companies. "This is a great collaboration between Nevada County Contractors Association (NCCA) and NID," said Barbara Bashall, NCCA Executive Director, during NID's recent board meeting. "We appreciate the effort of NID to use local contractors. It's the first one (LBP) presented by a local agency."

The next NID board meeting will be held on Wednesday, January 13 at 9 a.m. at the NID Business Center in Grass Valley. The public is encouraged to attend.