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Draft Environmental Impact Statement for the Preparation of a Special Area Management Plan and associated 404 Permit Actions for the San Juan Creek and western San Mateo Creek Watersheds, Orange County, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 19, 2001 (Volume 66, Number 76)]
[Notices]
[Page 20135-20136]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap01-28]
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DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the Army
Draft Environmental Impact Statement for the Preparation of a
Special Area Management Plan and associated 404 Permit Actions for the
San Juan Creek and western San Mateo Creek Watersheds, Orange County,
CA
AGENCY: Department of Defense, Department of the Army, Corps of
Engineers, Los Angeles District Regulatory Branch.
ACTION: Notice of Intent to Prepare a Draft Environmental Impact
Statement (DEIS).
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SUMMARY: The Corps of Engineers will prepare an EIS on a Special Area
Management Plan (SAMP) and associated 404 permit actions in connection
with future development, infrastructure maintenance and aquatic
resource restoration in the San Juan Creek and western San Mateo Creek
watersheds in southern Orange County, California (SAMP study area). The
EIS will address impacts of various land development and aquatic
resource protection alternatives as set forth below and further
identified during the preparation of the SAMP. The SAMP will provide a
comprehensive plan for protecting and enhancing aquatic resources while
providing for permitting reasonable economic development and public
infrastructure in accordance with local land use plans. The SAMP will
provide a framework for a long-term programmatic permitting process for
projects in the watersheds subject to the Corps of Engineers' permit
authority under section 404 of the Clean Water Act regulating the
discharge of fill or dredged materials into ``waters of the United
States.'' In addition, the SAMP will include a comprehensive reserve
program for the protection, restoration, and management of aquatic
resources within the study area.
Information in the EIS will be used to complete the SAMP, and to
decide to issue or deny a long-term programmatic 404 permit for
specific projects, and criteria for permitting future projects that
have not yet been identified. The Corps of Engineers will prepare a
joint Environmental Impact Statement/Environmental Impact Report (EIS/
EIR) with the California Department of Fish and Game, which must issue
other approvals for development in the watersheds that affects
watercourses under sections 1601 and 1603 of the State Fish and Game
Code.
Public Scoping: The Corps of Engineers invites the participation of
affected state, federal, and local agencies and other interested
persons in identifying issues of concern that should be addressed in
the EIS pursuant to the National Environmental Policy Act (NEPA) and
section 404 of the Clean Water Act. Written comments on the scope of
the EIS must be submitted to the address below by May 18, 2001. A
public scoping meeting to receive input on the scope of the EIS will be
conducted on May 8th, 2001 at 6 p.m. at the San Juan Community Center
located at 25925 Camino del Avion. This will be a joint scoping meeting
to address both the EIS for the SAMP and the EIR for the State Master
1600 Streambed Alteration Agreement.
FOR FURTHER INFORMATION CONTACT: Ms. Fari Tabatabai, Regulatory Branch,
CESPL-CO-RS, U.S. Army Corps of Engineers, Los Angeles District, 911
Wilshire Boulevard, Los Angeles, California 90017.
SUPPLEMENTARY INFORMATION:
1.0 Proposed Action
The SAMP study area, San Juan Creek and western San Mateo Creek
watershed, is located in southern Orange County. The San Juan Creek
watershed encompasses about 176 square miles. There are numerous
aquatic resources in the watershed, including creeks, seeps, vernal
pools, alkali meadows, freshwater marshes, and riparian wetlands.
Western San Mateo Creek watershed is located adjacent to the San Juan
Creek watershed and encompasses about 19 square miles. It contains
similar environmental conditions. Portions of the study area are
developed (i.e. cities of San Juan Capistrano, Mission Viejo, Rancho
Santa Margarita, communities of Coto de Caza, Dove Canyon, Trabuco
Canyon, Robinson Ranch), while other significant portions of the study
area are preserved in open space (Cleveland National Forest, O'Neill
Regional Park, Caspers Regional Park). Rancho Mission Viejo is the
largest landholding in the SAMP study area and owns the majority of
lands in the study area that are not already developed or dedicated as
open space.
The SAMP will describe an approach and set of actions to preserve,
enhance, and restore aquatic resources, while allowing reasonable and
responsible economic activities and development within the study area.
The concept of a SAMP was developed by the Corps of Engineers to assist
in long-term planning for regulatory actions under Section 404 that
involve large areas, complex projects, and valuable aquatic resources.
Key objectives of the SAMP for the San Juan and western San Mateo
creeks watersheds include: (1) evaluate the extent and condition of
existing aquatic resources; (2) develop a comprehensive management plan
and reserve program to preserve and enhance existing aquatic resources
including long-term protection of land; and (3) identify and evaluate
alternative land development scenarios in the context of the aquatic
resource reserve program.
Based on the SAMP, the Corps of Engineers will identify potential
areas and/or evaluate proposed activities suitable for coverage using a
programmatic permitting process under section 404 of the Clean Water
Act. These regulated activities would include residential, commercial,
industrial, recreational development; public infrastructure such as
roads and utilities; and maintenance of public facilities.
The comprehensive aquatic resource reserve program would
accommodate mitigation requirements for contemplated development within
the watershed, and other conservation efforts taking place in the
watershed under the Natural Community Conservation Program (NCCP). The
latter is a comprehensive planning process currently being prepared by
the U.S. Fish and Wildlife Service and California Department of Fish
and Game, in coordination with local agencies and landowners, to
address long-term protection of threatened and endangered species in
the Southern Subregion of Orange County. It is anticipated that the
nature and location of the aquatic reserve program in the SAMP will be
developed in coordination with the NCCP planning efforts.
[[Page 20136]]
2.0 Other Involved Agencies
The SAMP will be developed in close coordination with other
agencies, including the US Fish and Wildlife Service, California
Department of Fish and Game, and US Environmental Protection Agency,
National Marine Fisheries Service, Regional Water Quality Control
Board, and California Coastal Commission, as necessary. To the extent
feasible the SAMP may address water quality issues on a programmatic
basis.
The California Department of Fish and Game (Department) will
participate in the SAMP process by formulating a Master Streambed
Alteration Agreement under section 1600 of the Fish and Game Code for
development in the study area that affects drainages subject to the
Department's jurisdiction.
The document will be a joint state and federal document. The
California Department of Fish and Game will prepare an Environmental
Impact Report (EIR) in accordance with the California Environmental
Quality Act for the actions described in the SAMP. A separate Notice of
Preparation will be prepared and published by the Department. The Corps
and the Department will work cooperatively to prepare a joint EIS/EIR
document, and to coordinate the public noticing and hearing processes
under state and federal laws.
3.0 EIS Alternatives
The Corps of Engineers has identified the following alternatives to
be addressed in the EIS. Other alternatives or variations of
alternatives may be studied based on input during public scoping and
the results of the EIS studies.
1. No Project Alternative--No land development and no SAMP directly
impacting ``waters of the United States''. Current land uses, including
agriculture operations and resource extraction on Rancho Mission Viejo,
would continue indefinitely.
2. No SAMP Alternative--Land development according to existing or
future zoning without a SAMP and programmatic 404 permit. Under this
alternative, development would proceed in accordance with existing
agricultural zoning or future zoning. Projects subject to the
requirements of section 404 of the Clean Water Act and Section 1600 of
the Fish and Game Code would be permitted on an individual basis. No
comprehensive and coordinated approach to aquatic resource protection
would occur.
3. SAMP Alternative based the OCP-2000. A watershed-wide aquatic
resource reserve program would be developed to preserve, enhance, and
restore aquatic resources. Land uses projected in Orange County
Projections-2000 for Rancho Mission Viejo would be implemented. A
programmatic section 404 permit would be issued for specific projects
and permitting criteria for future projects would be established
pursuant to the requirements of the section 404 of the Clean Water Act.
4. SAMP Alternative based on Other Land Use Scenarios. A watershed-
wide aquatic resource reserve program would be developed to preserve,
enhance, and restore aquatic resources. One or more land use
development plan would be developed under this alternative consistent
with the goals and objectives of the SAMP. Programmatic section 404
permits would be issued for specific projects, and permitting criteria
for future projects would be established.
The EIS would also address methods and institutional arrangements
for aquatic resource reserve management.
4.0 Key Environmental Issues
The EIS will address impacts associated with future land
development in the watersheds and actions to protect aquatic resources,
as identified in the SAMP. They key environmental impacts to be
addressed in the EIS are listed below:
Aquatic resources--potential effects of proposed land use
alternatives on the functional integrity and extent of aquatic
resources due to altered biological, hydrological, and water quality
conditions in the study area. Indirect impacts of land development and
human activities in close proximity to aquatic resources will also be
addressed.
Water quality--potential effects on the quality of surface
and ground water due to construction activities in the watersheds, and
due to urban stormwater runoff associated with future development.
Threatened and endangered species--potential adverse
impacts on listed aquatic dependent species, including, but not limited
to, arroyo toad, San Diego fairy shrimp, and least Bell's vireo. A
Section 7 endangered species consultation will be conducted with the US
Fish and Wildlife Service for potential impacts to listed species and
designated critical habitat for the least Bell's vireo and arroyo toad.
Potential impacts on the endangered California gnatcatcher habitat will
be addressed.
Cultural Resources--potential impacts on archaeological,
ethnographic, paleontologic, and historic resources. The Corps of
Engineers will comply with the consultation requirements under Section
106 of the National Historic Preservation Act.
5.0 Schedule
A Draft EIS is expected to be issued for public review in Spring
2002.
Dated: April 9, 2001.
John P. Carroll,
Colonel, Corps of Engineers, District Engineer.
[FR Doc. 01-9659 Filed 4-18-01; 8:45 am]
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