The Lookout Slough Tidal Habitat Restoration and Flood Improvement Project (Project) is a tidal habitat restoration and flood improvement project located in Solano County, California. A Final Environmental Impact Report (Lookout Slough Final EIR), prepared pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) was certified by the California Department of Water Resources (DWR) for the Project on November 2, 2020 (State Clearinghouse no. 2019039136). On January 5, 2023, the Contra Costa Superior Court ordered the Department of Water Resources (DWR) to decertify that portion of the Lookout Slough Final EIR regarding the Project's potential impact on recreational opportunities to fish from the shoreline.
This Notice of Completion and attendant Recreation Section of the revised Final EIR, focus exclusively on those portions of the Project that could potentially cause significant impacts to recreational opportunities to fish from the shoreline, and include revisions amplifying and clarifying the previous analysis as directed by the Court. The Recreation Section is now being recirculated for public review and comment.
Consistent with the CEQA Guidelines, public comments should be limited only to the recirculated portion of the Lookout Slough EIR, and those sections that have been revised to address recreational opportunities to fish from the shoreline. (See 14 CCR Sec. 15088.5(f)(2).) When only a portion of an EIR is being recirculated, as is the case here, lead agencies may properly limit comments to only the revised portions of the EIR. (See Ione Valley Land, Air, & Water Defense Alliance, LLC v. County of Amador (2019) 33 Cal.App.5th 165, 173; see also Save Civita Because Sudberry Won't v. City of San Diego (2021) 72 Cal.App.5th 957, 979; see also Citizens Against 24th Street Widening Project v. City of Bakersfield (July 2, 2018, F074693).
Public comments may be submitted to Ling Chu via email at Ling-ru.Chu@water.ca.gov or mailed to:
3500 Industrial Blvd 2nd Floor, West Sacramento, CA 95691