[Federal Register Volume 64, Number 204 (Friday, October 22, 1999)]
[Notices]
[Pages 57076-57080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27636]


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DEPARTMENT OF DEFENSE

Department of the Army; Army Corps of Engineers


Notice of Intent (NOI) To Prepare a Draft Environmental Impact 
Report and Supplemental Environmental Impact Statement (EIR/SEIS) for 
Proposed Modifications to the Guadalupe River Project, Downtown San 
Jose, CA

AGENCY: U.S. Army Corps of Engineers (Corps), Sacramento District, DOD.

ACTION: Notice of intent.

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SUMMARY: The multiple purpose Guadalupe River Project (Project) is 
under phased construction in downtown San Jose, California. The Project 
was authorized by Section 401(b) of WRDA 1986 and amended by the Energy 
and Water Development Appropriations Act for Fiscal Year 1990 to 
provide flood protection, environmental protection, and recreation 
features. Portions of the Project have been completed or are ongoing 
under existing implementation authorities and environmental approvals. 
Project modifications are now required to protect species recently 
listed under the Endangered Species Act and to meet conditions for 
water quality certification under the Clean Water Act. Project 
modifications will likely include an underground bypass to convey flood 
waters around important riparian habitat, and changes to the existing 
mitigation and monitoring plan. The intent of the Draft EIR/SEIS is to 
describe and evaluate potential effects of these proposed modifications 
on environmental resources in the Project area. The integrated Draft 
EIR/SEIS will include sufficient information for compliance with both 
the National Environmental Policy Act (NEPA) and the California 
Environmental Quality Act (CEQA), as well as opportunities for public 
participation in the planning and decision making process. The lead 
agencies are the Corps and the Santa Clara Valley Water District (Water 
District).

DATES: A public scoping period will begin on October 22, 1999 and end 
on November 24, 1999. Public comment is invited on the proposal to 
modify the Project, the proposal to prepare the Draft EIR/SEIS, and on 
the scope of issues to be included in the Draft EIR/SEIS. Please submit 
any concerns by November 24, 1999 to the person identified below. 
Scoping meetings are tentatively scheduled for November 9 and 17, 1999 
in San Jose. Concerned persons and organizations are invited to call or 
write to be included on the mailing list for these public meetings or 
to receive other correspondence concerning the proposed action.
     The scoping meeting on November 9 will be 7:00 to 9:30 
p.m. at the Crown Plaza Hotel, 282 Almaden Boulevard, San Jose, 
California.
     The scoping meeting on November 17 will be 7:00 to 9:30 
p.m. at the Santa Clara Valley Water District, 5750 Almaden Expressway, 
San Jose, California 95118.

FOR FURTHER INFORMATION CONTACT: Nina Bicknese, Environmental 
Specialist, U.S. Army Corps of Engineers, 1325 J Street, Sacramento, 
California, 95814-2922, phone : (916) 557-7948, or fax: (916) 557-5138, 
[email protected].

SUPPLEMENTARY INFORMATION: 

1. Background

    The Guadalupe River Flood Control Project is being implemented in 
phases along the Guadalupe river in downtown San Jose, Santa Clara 
County, California. The project was authorized by Section 401(b) of 
WRDA 1986 and amended by the Energy and Water Development 
Appropriations Act for Fiscal Year 1990 to provide flood protection, 
environmental protection, and recreation features. Project construction 
began in 1992. Construction of flood protection elements was stopped in 
1996 for several reasons. Concerns developed regarding compliance with 
the conditions of the State Water Quality Certification under Section 
401 of the Clean Water Act (CWA), the listing of the red-legged frog 
and

[[Page 57077]]

steelhead salmon under Section 7 of the Endangered Species Act (ESA), 
and receipt of a notice issued by three environmental groups stating 
their intent to sue under the citizen suit provision of the CWA. 
Implementation of mitigation elements have continued under existing 
approvals and in cooperation with concerned agencies.
    In June 1997, concerned resource agency staff from the U.S. Fish 
and Wildlife Service (USFWS), California Department of Fish and Game 
(CDFG), National Marine Fisheries Service (NMFS), and the California 
State Water Resources Control Board (SWRCB) met with the Corps and the 
Water District to express their concerns about the then proposed 
mitigation measures for the project. Resultantly, the following 
priorities were identified by the resource agencies:
     Redesign the Project to avoid impacts and maximize on-site 
mitigation
     Maximize on-site revegetation to replace impacted Shaded 
Riverine Aquatic (SRA) cover
     Provide off-site mitigation to replace impacted SRA cover
     Provide fisheries mitigation
     Provide thermal mitigation
    Twenty-one mitigation issues were identified and options were 
evaluated. In December 1997, the Corps and the Water District joined 
with the City of San Jose (City) and the San Jose Redevelopment Agency 
(SJRA) to initiate a collaborative and facilitated program to resolve 
mitigation disputes among the resource agencies, project sponsors, and 
litigants in the threatened 1996 lawsuit.
    In July 1998, this collaborative ratified a Dispute Resolution 
Memorandum (DRM) which required the Corps and The Water District to 
reevaluate a portion of the project, referred to as Contracts 3A and 3B 
reaches, to avoid impacting remaining riparian and aquatic habitat in 
the those reaches. Concurrently, the Corps determined the environmental 
impacts associated with the Project's remaining phases could not be 
adequately mitigated to maintain Project compliance with the ESA and 
CWA. The Corps concluded that an General Reevaluation Report (GRR) 
should be developed.
    Since October 1998, the Corps and The Water District (lead 
agencies) have been further refining objectives and alternatives in 
coordination with concerned environmental regulatory agencies and the 
collaborative to develop proposed project modifications to satisfy the 
CWA and (ESA) concerns.

Study Area Location

    The Guadalupe River, located primarily in the City of San Jose, 
south of San Francisco Bay, drains an area of about 160 square miles 
into the Bay. The primary project area is located along 2.6 miles of 
the Guadalupe River in downtown San Jose, between Grant Street, just 
upstream from Interstate-280, and Interstate-880. In addition, two off-
site mitigation areas are proposed, one along Reach A downstream of the 
Project area and the other along lower Guadalupe Creek above its 
confluence with Alamitos Creek (Figure 1-1).

2. Document Scope

    This pending Draft EIR/SEIS was preceded by a series of documents 
concerning the authorized Project that were prepared and processed in 
compliance with the National Environmental Policy Act (NEPA) and the 
California Environmental Quality Act (CEQA). To address the proposed 
Project modifications, the Corps will produce one document which 
integrates the combined NEPA and CEQA environmental document with the 
General Reevaluation Report required by the corps. The purpose of the 
integrated GRR-EIR/SEIS is to develop and assess a modified recommended 
plan and to develop and assess alternatives for the remaining project 
which avoid and mitigate for adverse effects on environmental 
resources. This document will address new information, alternative 
plans, potential effects, and benefits and costs related to compliance 
with conditions for water quality certification and ESA.
    The GRR-EIR/SEIS will describe and evaluate the potential effects 
of proposed modifications to the Guadalupe River Project (Project) in 
downtown San Jose. It will support decision making by the Corps and 
Santa Clara Valley Water District to implement the proposed Project 
modifications and ensure compliance with the National Environmental 
Policy Act (NEPA) and California Environmental Quality Act (CEQA). 
Potential direct and indirect environmental, social, and economic 
effects of the alternatives will be evaluated, a plan recommended for 
implementation, and details presented on the Federal and non-Federal 
participation needed to implement the recommended plan.

3. Development and Evaluation of Alternative Plans for Project 
Modifications

    The following primary objectives were developed by the study team 
and collaborative members through an iterative process, and were used 
to develop alternative plans for project modifications.
     Reduce flood damage from the Guadalupe River in downtown 
San Jose by conveying flood flows up to the estimated 100-year flood 
event through the project area.
     Avoid and mitigate for potential adverse impacts to fish 
and wildlife habitat using the opportunities associated with 
construction of the flood control components, with special emphasis on 
potential restoration of the remnant chinook salmon and steelhead trout 
fisheries.
     Be consistent with redevelopment plans adjacent to the 
Guadalupe River in downtown San Jose through integration with the 
Guadalupe River Park and Gardens Master Plan and downtown redevelopment 
plans with preservation of historic and cultural resources.
     Provide recreation elements compatible with local 
recreation plans and the General Design Memorandum.
     Provide for a minimum, undiverted flow of 1,500 cfs 
throughout the bypass reach to accommodate fish and wildlife concerns.
     Provide invert stabilization in the bypass reaches where 
the natural river remains to preserve the existing vegetation and 
proposed mitigation and to provide fish passage.
     Design the Project so that it will not cause elevated 
water temperature or other Project impacts which harm anadromous fish 
species or other beneficial uses during Project construction and over 
the entire Project life, including the transition period before 
replacement vegetation matures.
     Design the Project for successful migration of anadromous 
fish through the Project area, including armored channel invert 
sections of the Project.
     Replace the same quantity and quality of anadromous fish 
habitat, including spawning and rearing habitat, as was present prior 
to Project construction.

4. Evaluation Criteria and Range of Alternatives

    Development of alternatives plans was initiated with the goal to 
consider all feasible measures to achieve the planning objectives plus 
criteria of effectiveness, efficiency, completeness, acceptability. 
Equal consideration was given to the objectives of alleviating the 
flooding problem; avoiding and/or mitigating for potential adverse 
impacts to fish and wildlife habitats; and providing recreation 
opportunities and public access consistent with local

[[Page 57078]]

redevelopment and recreation master plans in and adjacent to the 
Guadalupe River in downtown San Jose. These measures were analyzed to 
determine their applicability and overall feasibility in the study 
area. Subsequently, the management measures that were considered to be 
appropriate to address the flooding, environmental, and recreation 
issues, were assembled into an array of alternative plans for project 
modifications. These alternatives were progressively screened and 
refined throughout the planning process until a set of final candidate 
plans was set as a basis for selection of a recommended plan. The 
results indicated that only the triple bypass alternatives were able to 
meet both the hydraulic and environmental mitigation criteria.

5. Alternatives Considered

    As part of the planning process, many alternatives were considered 
prior to the preparation of the General Design Memorandum. Development 
of alternatives plans for project modification was initiated with the 
goal to consider all feasible measures to achieve the planning 
objectives plus criteria of effectiveness, efficiency, completeness, 
acceptability. Equal consideration was given to the objectives of 
alleviating the flooding problem; avoiding and/or mitigating for 
potential adverse impacts to fish and wildlife habitats; and providing 
recreation opportunity and public access consistent with local 
redevelopment and recreation master plans in and adjacent to the 
Guadalupe River in downtown San Jose. These measures were analyzed to 
determine their applicability and overall feasibility in the study 
area. Subsequently, the management measures that were considered to be 
appropriate to address the flooding, environmental, and recreation 
issues, were assembled into an array of alternative plans for project 
modifications.
    While the Draft EIR/SEIS will address an array of alternatives 
considered, only two feasible alternatives remain for detailed analysis 
in the document after completion of a rigorous and iterative screening 
process. Except for the no action alternative, all alternatives were 
developed to provide the authorized 100-year flood protection. The no 
action alterative would be to complete mitigation plantings for 
Contracts 1, 2, and 3C reaches under existing approvals, but do no 
further construction on the Contract 3A and 3B reaches of the 
authorized project. The ``cured'' alternative would be to add 
additional mitigation to the authorized project to meet all concerns, 
but it is not implementable because there is insufficient area for all 
required mitigation. Channel widening and upstream detention 
alternatives were found to be engineeringly and/or economically 
infeasible. A number of bypass systems were evaluated in order to leave 
as much of the natural stream channel as possible, minimize impacts on 
riparian resources, and provide adequate environmental mitigation. The 
final two alternatives to be included in detail in the Draft EIS/SEIS 
are the no action and the underground bypass system alternative with 
three conduits, plus inlet and outlet structures, low flow channel, and 
mitigation measures.

6. Proposed Action

    The Bypass System Alternative has been proposed to avoid or 
minimize impacts on riparian resources and protected fish and wildlife 
species that occur within the Contracts 3A and 3B reach of the 
Guadalupe River. Specially, this alternative would reduce the amount of 
riparian vegetation and SRA cover that would be affected while meeting 
the purpose of providing 100-year flood protection to downtown San Jose 
and vicinity. Project modifications include a bypass system, bank and 
invert armoring, and gradient control structures.
    To reduce flooding, the bypass system would route flood flows from 
the natural river channel into the underground structures and 
discharges further downstream where there is greater channel capacity 
to pass flood flows. The underground bypass system will have three 
independent conduits with different inlet and outlet locations. Inlets 
for two of the structures will be located on the Guadalupe River 
upstream of the West Santa Clara Street bridge, and the inlet for the 
third structure will be located on the Guadalupe River downstream of 
the confluence with Los Gatos Creek. The outlets for two of the 
structures will be located on the Guadalupe River upstream of the 
Coleman Avenue Bridge. The third outlet will be constructed on the 
Guadalupe River downstream of the Coleman Avenue bridge.
    Although the underground bypass minimizes effect on vegetation by 
eliminating most of the bank armoring originally proposed for this 
section of the river under the Project, some armoring is still required 
in association with the construction of inlets and outlets. Under the 
existing Project, most of the river bank and invert in Contracts 3A and 
3B was proposed to be armored. The proposed bypass system will minimize 
river bank and invert armoring.

Bank and Invert Armoring

    Although the underground bypass minimizes effects on vegetation by 
eliminating most of the armoring originally proposed under the existing 
Project for this reach of the river, some armoring is still required, 
including armoring associated with the inlets described above. The east 
and west banks and the river invert will be armored for approximately 
609 feet at the downstream end of Contract 3A (under and upstream of 
the Coleman Avenue bridge), and for approximately 1,891 feet in 
Contract 3B (under the Park Avenue bridge to downstream of the West 
Santa Clara Street bridge). The channel invert in Contract 3B will also 
be armored for approximately 300 feet downstream of the Los Gatos Creek 
confluence, where an inlet is proposed. Wherever the natural channel 
invert is armored, a low-flow channel will be constructed in the 
armored section to provide fish passage through the area. Additionally, 
the east bank will be armored from the West Santa Clara Street bridge 
to approximately 50 feet downstream of the New Julian Street bridge. 
The extent of channel invert and bank armoring may be less, depending 
on the final design of the triple bypass system.

Stream Channel Invert Gradient Control Structures

    Gradient control structures may be placed in the invert of the 
stream channel throughout the bypassed section of the river. The 
purpose of the gradient control structures is to stabilize ongoing bank 
erosion and channel incision, increase instream cover, and provide 
improved fish habitat.

Location and Description of Project Compensatory Mitigation Components

    Compensatory mitigation components of the Project will be located 
at onsite and offsite areas. Onsite areas are located in Contracts 1, 
2, 3A, and 3B reaches an the Woz Way-Park Avenue Bypass Reach. 
Compensatory mitigation plantings in onsite areas were maximized prior 
to using offsite areas. Offsite compensatory mitigation areas include 
Research A (located along the Guadalupe River between Airport Parkway 
and I-880) and lower Guadalupe Creek (a tributary to the Guadalupe 
River). Other compensatory measures include protecting or improving 
riparian vegetation, SRA cover, and anadromous fish habitat (i.e., 
water temperature, spawning gravel, passage, and fish habitat 
diversity).

[[Page 57079]]

7. Possible Environmental Effects

    Based on the available information collected and analyzed to date, 
significant effects will be avoided or will be minimized by 
implementing the environmental commitments specified in the proposed 
action. The resources for which potential adverse effects were 
identified include river geomorphology, biological resources, air 
quality, transportation and traffic, hazardous materials, and cultural 
resources.
     River Geomorphology. Operation of the Project could result 
in changes in river geomorphology in the reaches of the Guadalupe River 
included in the Project. Post-project monitoring would focus on channel 
incision. If monitoring indicates a substantial increase in incision, 
measures would be implemented to address this issue, such as 
constructing additional invert stabilization structures.
     Biological Resources. Construction of the Project would 
require removal of SRA cover and disturbance of the river channel. 
These activities could result in adverse effects on fish habitat during 
and after construction. Anadromous fish evaluated are steelhead, which 
is listed as threatened under the Endangered Species Act, and chinook 
salmon. Effects on fish and fish habitat during construction will be 
minimized by restricting in-water construction to summer low-flow 
periods, by ensuring that activities that divert flow would not 
restrict fish passage, and by implementing measures to control spills 
and erosion. Effects on SRA cover and associated increases in water 
temperature, loss of spawning gravel, and fish passage would be 
addressed by onsite and offsite mitigation planting, replacing and 
maintaining spawning gravels, replacing rearing habitat, and providing 
for fish passage through armored sections of the Project.
     Air Quality. Earthmoving associated with constructing the 
Bypass Alternative could result in increased PM10 emissions. This 
effect would be addressed by implementing the Bay Area Air Quality 
Management District's feasible control measures for soil removal 
activities.
     Transportation and Traffic. Project construction could 
result in a temporary short-term loss in available parking in the 
Project area. This temporary loss would be offset by providing offsite 
parking during construction and running a shuttle service to and from 
the offsite parking lots and an office park being constructed in the 
Project area.
     Cultural Resources. Unknown cultural resources could be 
discovered during Project construction. This potential effect will be 
addressed by monitoring during ground-disturbing activities and 
evaluating the significance of any cultural resources found during 
construction.
     Other Resources. Studies to date have concluded that the 
proposed action (modified project with mitigation commitments) would 
either not affect certain resource areas or that the effect on these 
resource areas attributable to the Project would not be considered 
significant. These resources are land use, recreation, public access, 
visual resources, agriculture, minerals, population and housing, and 
public services and utilities. The Draft GRR-EIR/SEIS will describe and 
evaluate potential effects and will be available for public review and 
comment.

8. Proposed Scoping Process

    a. This Notice of Intent initiates the scoping process whereby the 
Corps and the Water District will refine the scope of issues to be 
addressed in the Draft GRR-EIR/SEIS and identify potential significant 
environmental issues related to the proposed action.
    b. Public comment is invited on the proposal to prepare the Draft 
GRR-EIR/SEIS and on the scope of issues to be included therein.
    c. The Corps and Water District will consult, local, State and 
Federal agencies with regulatory or implementation responsibility for, 
or expertise with, the resources in the area of investigation. These 
include, but are not limited to, U.S. Fish and Wildlife Service, 
National Marine Fisheries Service, and U.S. Environmental Protection 
Agency, the State Historic Preservation Officer, California Department 
of Fish and Game, California Environmental Protection Agency, State and 
Regional Water Quality Control Boards, California Department of 
Transportation; and the City of San Jose and San Jose Redevelopment 
Agency.
    d. Meetings with interested persons will be held during the scoping 
period and after release of the Draft GRR-EIR/SEIS. Coordination with 
Federal and State agencies, Tribal governments, and local governments 
will occur throughout the entire process as necessary.
    e. In November 1999, scoping workshops will be held in the 
community to explain the Notice of Intent and the Notice of 
Preparation, and to solicit suggestions, recommendations, and comments 
to help refine the issues, measures, and alternatives to be addressed 
in the Draft GRR-EIR/SEIS. Specific locations, dates, and times of the 
meeting(s) will be published in local newspaper(s) or other media, and 
be provided to those persons receiving this Notice and those that may 
call or write after seeing a published version.
    f. A 45-day public review period will be provided for public review 
and comment on the Draft GRR-EIR/SEIS. All interested persons should 
respond to this notice and provide a current address if they wish to be 
notified of the Draft GRR-EIR/SEIS. A 30-day public review period will 
be provided for review and comment on the Final GRR-EIR/SEIS.

9. Availability

     The Draft GRR-EIR/SEIS is expected to be available for a 
45-day public review and comment period in early 2000.
     The Final GRR-EIR/SEIS is expected to be available for a 
30-day review period in late 2000.

10. Commenting

    A Draft GRR-EIR/SEIS is expected to be available for public review 
and comment in early 2000 and a final GRR-EIR/SEIS in late 2000. The 
comment period on the Draft GRR-EIR/SEIS will be 45 days from the date 
of availability published in the Federal Register by the Environmental 
Protection Agency. Comments received in response to this solicitation, 
including names and addresses of those who comment, will be considered 
part of the public record on this proposed action and will be available 
for public inspection. Comments submitted anonymously will be accepted 
and considered. Please provide any comments to the person identified on 
the first page of this notice. Pursuant to 7 CFR 1.27(d), any person 
may request the agency to withhold a submission from the public record 
by showing how the Freedom of Information (FOIA) permits such 
confidentiality. Persons requesting such confidentiality should be 
aware that, under the FOIA, confidentiality may be granted in only very 
limited circumstances, such as to protect trade secrets. The Corps will 
inform the requester of the agency's decision regarding the request for 
confidentiality, and where the request is denied, the agency will 
return the submission and notify the requester that the comments may be 
resubmitted with or without the name and address.

11. Coordination With Concerned Agencies

    The Corps and The Water District as the lead Federal and State 
agencies with responsibility to prepare this GRR-EIR/

[[Page 57080]]

SEIS, will cooperate and consult with concerned agencies, the 
Collaborative, and those on the Executive Committee for this project. 
The Environmental Protection Agency and Fish and Wildlife Service have 
regulatory responsibilities that could not efficiently be considered 
without direct involvement; guidance regarding formal consultation 
responsibilities under the Endangered Species Act will be provided by a 
Fish and Wildlife Service specialist who will participate as a member 
of the interdisciplinary team. Other agencies, local and county 
governments will also be invited to participate, as appropriate.

12. List of Public and Private Persons/Agencies Notified

    A list of persons and agencies notified is available upon request 
to the person identified on the first page of this notice.

13. Decisions To Be Made and Responsible Officials

    The Commander, Sacramento District is the official responsible for 
compliance with NEPA for actions within the District's boundaries. The 
Santa Clara Valley Water District Board of Directors is responsible for 
CEQA compliance for the proposed action. After completion of review, 
the Chief of Engineers will sign his final report and transmit the 
report and accompanying documents to the Assistant Secretary of the 
Army for Civil Works (ASA(CW)). After review, ASA(CW) will transmit the 
report to the Office of Management and Budget (OMB) requesting its 
views in relation to the programs of the President. After OMB provides 
its views, ASA(CW) will sign the record of decision (ROD) and transmit 
the report to Congress. The responsible officials for respective NEPA 
and CEQA compliance are: COL Michael Walsh, District Engineer, 
Sacramento District, U.S. Army Corps of Engineers, 1325 J Street, 
Sacramento, CA 95814-2922; Mr. Stanley Williams, Santa Clara Valley 
Water District, 5750 Almaden Expressway, San Jose, CA 95118.
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 99-27636 Filed 10-21-99; 8:45 am]
BILLING CODE 3710-EZ-M