[Federal Register Volume 66, Number 76 (Thursday, April 19, 2001)]
[Notices]
[Pages 20135-20136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9659]


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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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