[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Notices]
[Pages 46723-46726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23375]


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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision

AGENCY: Department of Defense, Department of the Navy.

ACTION: Record of Decision to implement the sewage effluent compliance 
project for the Santa Margarita River Basin of Marine Corps Base, Camp 
Pendleton, California.

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SUMMARY: Pursuant to Section 102(c) of the National Environmental 
Policy Act (NEPA) of 1969, and the Council of Environmental Quality 
Regulations (40 CFR parts 1500-1508), the Department of the Navy 
announces its decision to upgrade the wastewater treatment and disposal 
systems in the Santa Margarita River Basin of Marine Corps Base (MCB), 
Camp Pendleton, California. Upgrades in the Santa Margarita River Basin 
include the construction of a series of wastewater discharge flow 
percolation/equalization ponds inland from the coastline, and a 
connecting pipeline, approximately 98,000 total lineal feet, to connect 
sewage treatment plants 1, 2, 3, 8 and 13 to the La Salina ocean 
outfall, which is owned and operated by the City of Oceanside.

DATES: This action is effective immediately.

ADDRESSES: Mr. Lupe E. Armas, Assistant Chief of Staff, Environmental 
Security, Marine Corps Base, Camp Pendleton, CA 92055-5008.

FOR FURTHER INFORMATION CONTACT: Mr. Armas at (619) 725-4512.

SUPPLEMENTARY INFORMATION: Pursuant to Section 102(c) of the National 
Environmental Policy Act (NEPA) of 1969, and the Council on 
Environmental Quality Regulations (40 CFR parts 1500-1508), the 
Department of the Navy announces its decision to upgrade the wastewater 
treatment and disposal systems in the Santa Margarita River Basin of 
Marine Corps Base (MCB), Camp Pendleton, California. Upgrades in the 
Santa Margarita River Basin include the construction of a series of 
wastewater discharge flow percolation/equalization ponds inland from 
the coastline, and a connecting pipeline, approximately 98,000 total 
lineal feet, to connect percolation/equalization ponds serving sewage 
treatment plants 1, 2, 3, 8 and 13 to the La Salina ocean outfall, 
which is owned and operated by the City of Oceanside. The project will 
be constructed in two phases. Phase one includes construction of new 
infrastructure linking facilities on Camp Pendleton. Phase two includes 
pipeline construction from the percolation/equalization ponds on Camp 
Pendleton to the La Salina Oceanside ocean outfall, as well as 
authorize execution of the utility service agreement contract with the 
City of Oceanside for the use of the outfall.
    Sewage treatment plants 3 and 8 were constructed in the 1940's and 
currently discharge secondary treated effluent to percolation basins 
adjacent to the sewage treatment plants within a beneficial use portion 
of the lower Santa Margarita River Basin. Sewage treatment plant 1 was 
constructed in the 1940's and currently discharges secondary treated 
effluent to oxidation ponds and then as a surface discharge to the 
Santa Margarita River Basin at locations distant from the plant. Sewage 
treatment plant 2 was constructed prior to 1960 and currently 
discharges secondary effluent that is primarily diverted for irrigation 
use at the Marine Memorial Golf Course with any excess effluent 
discharged to the Santa Margarita River via a series of oxidation 
ponds, open channel trenches and pipelines. Sewage treatment plant 13 
was constructed prior to 1960 and was designed to discharge secondary 
effluent via force main pipeline to percolation ponds in the lower 
Santa Margarita River, approximately 3 miles distant (upriver). The 
force main pipeline was damaged by the January 1993 flood; consequently 
sewage treatment plant 13 discharges secondary effluent directly to the 
Santa Margarita River at a location adjacent to the estuary.
    Groundwater extracted from this basin serves developments within 
the southern portion of MCB Camp Pendleton. The current quality of 
effluent discharged into the Santa Margarita River Basin, from all 
plants, does not meet the standards of the 1994 San Diego Water Quality 
Basin Plan, the State of California Porter Cologne Water Quality Act of 
1969, and the National Pollution Discharge Elimination System 
requirements of the Federal Water Pollution Control Act of 1972. As a 
result of these discharges, the San Diego Regional Water Quality 
Control Board issued Cease and Desist Orders to MCB Camp Pendleton in 
January 1989. To

[[Page 46724]]

comply with these Cease and Desist Orders, new facilities are required 
to improve wastewater treatment and disposal practices and meet the 
Basin Plan objectives.
    Alternatives considered for correcting the conditions cited in the 
Cease and Desist Orders included water disposal of effluent, land 
disposal of effluent and no action. Water disposal alternatives 
included construction of an ocean outfall, live-stream discharge of 
either secondary- or tertiary-treated effluent to the Santa Margarita 
River, discharge to an off-base publicly owned treatment works, and a 
basin plan amendment. Land disposal alternatives included percolation 
basins, biological ponds, leach fields, and injection wells.
    The preferred alternative, as identified in the Draft Environmental 
Impact Statement (DEIS) consists of the construction of 98,000 feet of 
pipeline, and percolation/equalization ponds connecting all five Base 
sewage treatment plants and traversing through the City of Oceanside, 
to the City owned La Salina ocean outfall for ultimate disposal. Though 
all five sewage treatment plants will be connected to the ocean 
outfall, only sewage treatment plant 13 normally will discharge to this 
outfall. The other sewage treatment plants will discharge to the 
outfall during storm events. The Base sewage treatment plants would 
continue to treat sewage and discharge effluent at the current 
secondary level. This alternative is identified in the Final 
Environmental Impact Statement (FEIS) as the environmentally preferred 
alternative for the Santa Margarita River. Connection to the La Salina 
ocean outfall will require the approval of the City of Oceanside.
    A systematic and multidisciplinary approach to identify 
alternatives was utilized which incorporated criteria based upon 
technical and functional suitability. Alternatives were evaluated for 
technical suitability consistent with the numerous constraints imposed 
by available land for treatment and disposal facilities and subsurface 
geological and hydrogeological conditions. Technically suitable 
alternatives were further evaluated for their ability to satisfy the 
following six functional requirements of the project: (1) Prevention of 
degradation of water quality to sustain beneficial uses identified in 
the San Diego Basin Plan, (2) compliance with water quality standards 
in accordance with State Groundwater Recharge Guidelines, (3) 
compliance with water quality standards in accordance with Federal and 
State safe drinking water standards, (4) compliance with the timelines 
identified in the Cease and Desist Orders, (5) maintenance of sustained 
volume within each water basin, and (6) prevention of saltwater 
intrusion into each water basin. The analysis determined that the 
preferred alternative is the only alternative that meets all six 
functional requirement criteria, and is therefore the most 
environmentally preferable.
    All practical means to avoid or minimize environmental harm have 
been adopted as identified below and are amplified in the FEIS.
    Construction of the on Base percolation/equalization ponds and 
pipeline within the Santa Margarita River will require grading and 
excavation. A soil erosion control plan will be prepared for 
construction, and will include restricting grading and excavation 
during the rainy season, restricting heavy equipment to existing roads 
and rights-of-way, installing sediment control measures, and 
implementing post-construction revegetation. Construction of the 
facilities within the City of Oceanside will also require trenching 
operations. Implementation of the pipeline project segments within 
Oceanside will be performed consistent with grading operation 
specifications developed by the City of Oceanside.
    To reduce potential significant impacts on paleontological 
resources to an acceptable level, the Marine Corps will develop an 
environmental education program, develop an information pamphlet and 
conduct an environmental education class for all construction project 
personnel. Additionally, environmental monitors shall be present when 
construction activities occur in designated sensitive areas. 
Environmental monitors shall ensure that paleontological resources are 
recovered according to approved procedures. If paleontological 
resources are identified aboard the Base or within the City of 
Oceanside, and salvage efforts are required, the Marine Corps will 
curate the materials. Those materials found in the City of Oceanside 
will be provided to the City as requested.
    The Southwestern willow flycatcher (Empidonax trailii), the least 
Bell's vireo (Vireo belli pusillus) and the Arroyo southwest toad (Bufo 
mocroscaphus), all federally listed endangered species, are known to 
occur in the riparian areas of the Santa Margarita River drainage. The 
vireo and the flycatcher are known to occur in the Pilgrim Creek reach 
of the San Luis Rey River drainage.
    Construction activities will likely be completed outside of the 
vireo and flycatcher breeding season (March 15 through September 15). 
Clearing of the vegetation will be completed prior to the breeding 
season. This will avoid the possibility of vireos and flycatchers 
nesting within the area that may be directly affected by the 
construction activities. In addition, construction outside of the 
breeding season will avoid indirect noise impacts to the species.
    For construction that cannot be accomplished between September 15 
to March 15, additional mitigation measures will be implemented in 
accordance with the United States Fish and Wildlife Service Section 7 
Endangered Species Act Biological Opinion for Programmatic Activities 
and Conservation Plans in Riparian and Estuarine/Beach Ecosystems on 
Marine Corps Base Camp Pendleton, BO 1-6-95-F-02 (Riparian Biological 
Opinion) and the United States Army Corps of Engineers Section 404 
Permit will be implemented. These will include a pre-construction 
survey that will determine whether any active vireo or flycatcher nests 
are within 500 feet of the construction corridor prior to construction 
activity. All work within 500 feet of a nest will be completed within a 
continuous 8-week period.
    To avoid the small possibility that arroyo southwestern toads, or 
that other wildlife, could be injured by falling into open trenches or 
by burrowing into trench walls or spoils piles, no trenches will be 
left unprotected at night. If the arroyo southwestern toad breeding 
season (February 1 to September 30) cannot be avoided and 
preconstruction surveys reveal that construction will take place in 
toad habitat, mitigation measures will be implemented as mandated by 
the Riparian Biological Opinion, including fencing the pipeline 
corridor with silt-screen or shade cloth material the night prior to 
trenching and removing all toads within the enclosure. Any necessary 
removal of toads or other animals from trenches will be performed by a 
biologist permitted by the U.S. Fish and Wildlife Service to handle 
Arroyo Southwestern toads.
    The project will result in a temporary loss of 6.3 acres of 
riparian habitat in the Santa Margarita River drainage (including 
jurisdictional wetlands and waters of the United States), which 
provides habitat for the endangered willow flycatcher and vireo. 
Temporary impacts to riparian habitats, including mulefat scrub, 
southern arroyo riparian and southern willow scrub, will be mitigated 
through a combination of invasive exotic plant control and vegetation 
management to allow natural native species revegetation within five 
years. Restoration of temporary impacts

[[Page 46725]]

will consist of invasive exotic plant control, measures to alleviate 
soil compaction that may occur during construction activities, and 
monitoring for a period of five years. The Marine Corps will monitor 
the effects of discharge elimination from sewage treatment plant 3 in 
the Santa Margarita Riparian system for 10 years to establish baseline 
data for areas upstream, adjacent to and downstream of the existing 
percolation basins. Hydrologic and vegetation monitoring data will be 
collected in accordance with the provisions of the Riparian Biological 
Opinion and provisions of the Clean Water Act Section 404 and 401 
permits. Should changes in water quality or water levels be detected, 
the Marine Corps will consult with the San Diego Regional Water Quality 
Control Board and the U.S. Fish and Wildlife Service to develop and 
implement appropriate mitigation measures. No permanent or temporary 
riparian or wetland impacts are expected with project implementation 
within the San Luis Rey River drainage.
    Critical Habitat for the Southwestern Willow Flycatcher has 
recently been designated by the U.S. Fish and Wildlife Service, 
including the 100-year flood plain of the Santa Margarita River. 
However, no permanent riparian/wetland impacts are expected from 
project implementation within the critical habitat area. Accordingly, 
the project will not adversely modify this habitat.
    The California gnatcatcher (Polioptilla california), a federally 
listed threatened species, is present in the coastal sage scrub habitat 
near the percolation/equalization ponds and pipeline alignments. The 
project will result in a direct temporary impact to 2.5 acres of the 
coastal sage scrub, of which only 0.80 acres are currently occupied 
gnatcatcher habitat. Mitigation and compensation for permanently 
removed occupied coastal sage scrub habitat (e.g., for the pipeline 
access road and the Lemon Grove ponds) will be achieved through habitat 
enhancement and management at a ratio of 2:1 in coastal sage scrub 
areas closest to the project impacts. The enhancement areas should stay 
free of any development or disturbance in the future. In accordance 
with the Biological Opinion 1-6-96-F-36 for the project (Upland 
Biological Opinion), coastal sage scrub habitat will be revegetated 
within two years of construction in all areas where permanent 
vegetation removal is not required (i.e., along pipeline alignments). 
Clearing of vegetation for the Lemon Grove ponds shall be done outside 
of the gnatcatcher breeding season (February 1 through July 31).
    To the maximum extent possible, construction activities will be 
completed outside the California gnatcatcher breeding season to avoid 
indirect noise impact to the species. For construction that cannot be 
accomplished between August 1 and January 31, additional mitigation 
measures will be implemented in accordance with the Upland Biological 
Opinion. These include clearing of the vegetation prior to the breeding 
season, even if subsequent construction activities occur within the 
breeding season. This avoids the possibility of gnatcatchers nesting 
within the area that may be directly affected by the project. A pre-
construction survey will determine whether any active gnatcatcher nests 
are within 500 feet of the pipeline corridor prior to construction 
activity. For those nests within 500 feet, a topographical analysis 
will be completed to determine if disturbance is probable. If so, then 
all work within 500 feet of a nest will be completed within a 
continuous 96 hour period.
    To mitigate temporary impacts to coastal sage scrub habitat 
affected areas will be recontoured and reseeded with native coastal 
sage scrub species and non-native vegetation will be controlled for 
three years. This work will be initiated no later than the first 
growing season after the area is disturbed from project construction 
activities. Per the Upland Biological Opinion, this revegetation will 
be considered acceptable if the total cover by native coastal sage 
scrub species is at least 70 percent and the vegetation is not being 
artificially sustained, or if the Marine Corps can demonstrate to the 
satisfaction of U.S. Fish and Wildlife Service that the habitat is 
insignificantly different from naturally occurring gnatcatcher habitats 
or fully functional coastal sage scrub on the Base.
    A report summarizing habitat enhancement and restoration will be 
provided to the U.S. Fish and Wildlife Service within 60 days of the 
initial phase and after three years to document the success of the 
mitigation measures.
    Thread-leaved brodiaea (Brodiaea filifolia), a proposed threatened 
plant species, has been identified along the construction corridor 
adjacent to the Headquarters alignment within the southern portion of 
the Base. Construction will result in the removal of a small population 
(five individuals plants) of thread-leaved brodiaea. The plant corms 
will be transplanted, prior to construction, to another suitable area 
on the Base that is presently occupied by the species.
    Vernal Pools with associated watersheds have been identified near 
sewage treatment plant 2 along the project pipeline alignment. The 
pools and associated watershed adjacent to sewage treatment plant 2 
will be fenced and monitored by a biologist. An erosion control plan 
will also be implemented to minimize dust, sedimentation, or siltation 
into the pools. This plan will be implemented by the contractor and 
reviewed and approved by the Base to ensure that the methods 
implemented are deemed effective. All pipelines will follow existing 
roads to the maximum extent practical.
    Construction will affect three archeological sites determined to be 
eligible for inclusion on the National Register of Historic Places. The 
Marine Corps will prepare a treatment and data recovery plan for these 
three sites; CA-SDI 12,628, CA-SDI-14,0005H, and CA-SDI-14,170. A 
construction monitoring plan to include a discovery plan will also be 
prepared. The construction monitoring plan will also include monitoring 
for buried cultural resources within areas of Quaternary alluvium 
within the project alignment and at cultural resource sites CA-SDI-
8761, CA-SDI-14,060, CA-SDI-14,058 and CA-SDI-14,059. Flagging of the 
right-of-way boundaries and construction monitoring will occur in the 
vicinity of cultural resource sites CA-SDI-12,567 and CA-SDI-12,577 to 
ensure avoidance of the significant site areas. Should archeological 
resources be encountered during construction, all work will be halted 
in the immediate area to determine if the resources are significant and 
whether excavation or protection of resources is required. The 
California State Historic Preservation Officer concurs with this 
approach.
    Analysis of air emissions that would occur during construction and 
operation of the percolation ponds determined that these emissions will 
be below de minimis levels and that the project conforms with the State 
Implementation Plan for air quality.
    A Coastal Consistency Negative Determination was prepared and 
submitted for this project to the California Coastal Commission. The 
Negative determination concluded that the proposed action is being 
carried out in a manner consistent with the enforceable policies of the 
Coastal Zone Management Act. The California Coastal Commission and the 
City of Oceanside concur with this determination. A separate Coastal 
Use Development Permit was prepared and submitted to

[[Page 46726]]

the City of Oceanside in compliance with the City of Oceanside Local 
Coastal Plan and the California Coastal Management Program. The 
Oceanside City Planning Commission has approved the Coastal Use 
Development Permit.
    The proposed action has been evaluated with respect to 
environmental and social impacts, as well as access to public 
information and an opportunity for public participation in the NEPA 
process as mandated by Executive Order 12898, ``Federal Actions to 
Address Environmental Justices in Minority Populations and Low-Income 
Populations.'' The project is consistent with the goals and provisions 
of that Executive Order and no disproprotionate impacts to minority or 
low-income populations will occur.
    In the event that the Marine Corps and City of Oceanside are unable 
to come to an agreement for connecting to the La Salina ocean outfall, 
the Marine Corps will utilize the new force main pipeline to collect 
treated effluent from sewage treatment plants 1, 2, 3 and 8 and dispose 
of treated effluent at percolation/equalization basins that will be 
constructed at the Lemon Grove site, as discussed in the FEIS. Also, as 
discussed in the FEIS, effluent diversion from sewage treatment plants 
1 and 2 will be continued and be used primarily to irrigate the Marine 
Memorial Golf Course during the dry season, and a separate pipeline 
would be constructed (included within the 98,000 foot estimate) from 
the golf course to the new force main pipeline (to the Lemon Grove 
percolation/equalization ponds) to dispose of surplus irrigation 
effluent during the winter months. In addition, as discussed in the 
FEIS, effluent from sewage treatment plants 3 and 8 would also flow to 
the Lemon Grove percolation/equalization ponds. Finally, treated 
effluent from sewage treatment plant 13 would continue to be discharged 
to the existing Twin Lakes equalization/percolation ponds; to the Santa 
Margarita River; and possibly to the Lemon Grove Ponds, capacity 
permitting. Any continued discharge to the Santa Margarita River would 
be in violation of the Cease and Desist Order. Accordingly, continued 
discharge from sewage treatment plant 13 into the Santa Margarita River 
would require an upgrade to sewage treatment plant 13 to meet current 
permit conditions or a modification of the National Pollutant Discharge 
Elimination System permit granted to MCB Camp Pendleton by the San 
Diego Regional Water Quality Control Board. Implementation of any 
proposal to obtain a revised National Pollutant Discharge Elimination 
System permit or to add advanced treatment to sewage treatment plant 13 
to comply with the existing permit conditions would require additional 
engineering and environmental analysis. Accordingly, subsequent 
environmental documentation would be prepared, as appropriate, pursuant 
to NEPA if the need arises to further pursue or continue discharge of 
treated effluent from sewage treatment plant 13 into the Santa 
Margarita River.
    Preparation of the Environmental Impact Statement began with a 
public scoping process to identify issues that should be addressed in 
the document. Involvement in scoping was offered through a combination 
of documented public announcements and meetings with State of 
California agencies. Public announcements were handled through scoping 
letters sent to Federal, State, and local governmental agencies, 
citizen groups and associations, and the general public. Also, a Notice 
of Intent to prepare an Environmental Impact Statement was published in 
local newspapers and the Federal Register. The notice of availability 
of the DEIS appeared in the Federal Register on December 20, 1996. The 
DEIS was distributed to Federal, State and local governmental agencies, 
officials, citizens groups and associations, public libraries and other 
interested parties. The public review period for the DEIS was from 
December 20, 1996 through February 2, 1997. Comments received on the 
DEIS focused on alternatives analysis, groundwater recharge, endangered 
species and wetlands issues. The FEIS addressed these comments and was 
distributed to officials of Federal, State and local governmental 
agencies, citizens groups and associations, public libraries and to 
other interested parties on June 27, 1997. The public review period for 
the FEIS ended on July 27, 1997. No comments were received on the FEIS.
    The Department of the Navy believes that there are no remaining 
issues to be resolved with respect to this project. In the event that 
the La Salina ocean outfall is unavailable, all pertinent issues have 
been identified and addressed. Questions regarding the Environmental 
Impact Statement prepared for this action may be directed to Mr. Lupe 
E. Armas, Assistant Chief of Staff, Environmental Security, Marine 
Corps Base, Camp Pendleton, CA 92055-5008, telephone (619) 725-4512.

    Dated August 26, 1997.
Duncan Holaday,
Deputy Assistant Secretary of the Navy (Installations and Facilities).
[FR Doc. 97-23375 Filed 9-3-97; 8:45 am]
BILLING CODE 3810-AE-P