[Federal Register Volume 66, Number 147 (Tuesday, July 31, 2001)]
[Notices]
[Pages 39500-39501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19040]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Draft Environmental Impact Statement for the Preparation of a 
Special Area Management Plan and Associated 404 Permit Actions for the 
San Diego Creek Watershed, 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)/Joint EIS/EIR.

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SUMMARY: The Corps of Engineers will prepare an EIS on a Special Are 
Management Plan (SAMP) and associated 404 permit actions in connection 
with future development, infrastructure maintenance and aquatic 
restoration in the San Diego Creek watershed in 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 future identified during the preparation of the SAMP. 
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 watershed that affects watercourses under Sections 
1601 and 1603 of the State Fish and Game Code.
    The SAMP will provide a comprehensive plan for protecting and 
enhancing aquatic resources while providing for the permitting of 
reasonable economic development and public infrastructure in accordance 
with local land use plans and a regional Habitat Conservation Plan 
(Natural Community Conservation Plan) for Central/Coastal Orange 
County. The SAMP will provide a framework for a long-term programmatic 
permitting process for projects in the watershed 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, identified projects, and criteria 
for permitting future projects that have not yet been identified.

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 August 31, 2001. A public scoping meeting to 
receive input on the scope of the EIS will be conducted on Tuesday, 
August 14, 2001 at 6 pm at the Irvine Ranch Water District, 15600 Sand 
Canyon Avenue, Irvine, CA 92619. This will be a scoping meeting to 
address both the EIS for the SAMP and the EIR for the State Master 1600 
Streambed Alteration Agreement (MSAA). The public scoping will be 
conducted in an open house format.

FOR FURTHER INFORMATION CONTACT: Dr. 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 Corps of Engineers and the Environmental Protection Agency 
developed the concept of a SAMP to assist in long-term planning for 
regulatory actions under Section 404 that involve-large areas, complex 
projects, and valuable aquatic resources.
    The SAMP study area, San Diego Creek watershed, encompasses 32,000 
hectares (122 square miles or 78,000 acres) in central Orange County, 
California. The watershed drains westerly into Upper Newport Bay. Urban 
areas within the SAMP study area include portions of Santa Ana, Tustin, 
Laguna Hills, Costa Mesa, Irvine, and Lake Forest. Large parts of the 
SAMP study area are currently developed for agriculture, residential 
and commercial uses. Aquatic resources in the remaining undeveloped 
portions of the SAMP study area consist of intermittent and ephemeral 
drainages, riparian wetlands, and small areas of alkali marshes. The 
major tributaries of San Diego Creek include Peters Canyon Wash, Hicks 
Canyon Wash, Rattlesnake Canyon Wash, Borrego Canyon Wash, Serrano 
Creek, Agua Chinon Wash, Bommer Canyon Creek, Shady Canyon Creek, Round 
Canyon Wash, Bee Canyon Wash, Trabuco Channel, Bonita Canyon Wash, and 
Sand Canyon Wash.
    The SAMP will describe an approach and set of actions to preserve, 
enhance, and restore aquatic resources, while allowing reasonable 
economic development and construction and maintenance of public 
infrastructure facilities within the study area. Key objectives of the 
SAMP for the San Diego Creek watershed are to: (1) Evaluate the extent 
and condition of existing aquatic resources; (2) develop a 
comprehensive reserve program for the protection, restoration and 
management of aquatic resources; 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.

[[Page 39501]]

2.0  Other Involved Agencies

    The Corps will develop the SAMP in close coordination with other 
agencies, including the U.S. Fish and Wildlife Service, California 
Department of Fish and Game, and U.S. Environmental Protection Agency, 
National Marine Fisheries Service, California Regional Water Quality 
Control Board, and California Coastal Commission, as necessary. The 
Corps encourages active participation by County and local governments, 
concerned landowners and the general public. The California Department 
of Fish and Game will participate in the SAMP process by formulating a 
MSAA under Section 1601 and 1603 of the California Fish and Game Code 
for development in the SAMP Study area that affects lakes, rivers, 
streams and associated riparian habitats subject to the Department's 
jurisdiction.
    The environmental analysis and the SAMP will be a joint state and 
federal document. The California Department of Fish and Game will 
prepare a Program 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 of Engineers and the Department 
of Fish and Game 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. The Corps anticipates that these will 
also be the alternatives in the EIR.
    1. No Action Alternative--Land development or other activities 
would be limited to actions that do not require a Section 404 permit or 
a Section 1601 or 1 603 Agreement and that are consistent with the 
existing or future applicable local general plan. These non-regulated 
activities including construction outside of waters of the United 
States, use of existing urban areas and infrastructure, ongoing 
agricultural operations and other activities within the SAMP study area 
would continue indefinitely. The Corps would not prepare a SAMP and 
there would not be a comprehensive and coordinated approach to address 
potential impacts to aquatic resources.
    2. No SAMP Alternative--Land development and other activities would 
proceed consistent with the existing or future applicable local general 
plan and programmatic 404 permit(s). In addition to the activities 
described in Alternative 1, land development and other activities that 
are consistent with the applicable local general plans would proceed 
using the existing Section 404, Section 1601 and 1603 regulatory 
processes. The Corps would not prepare a SAMP and there would not be a 
comprehensive and coordinated approach to address potential impacts to 
aquatic resources.
    3. SAMP Alternative--Preparation of a SAMP with land development 
and other activities which may require modifications to applicable 
local land-use general plans and Habitat Conservation Plans that seek 
to maximize the opportunities to protect, restore and manage aquatic 
resources. One or more modifications to existing applicable local 
general land-use plans would be developed that seek to promote 
additional benefits to aquatic resources while achieving reasonable 
economic development growth. A watershed-wide aquatic resource reserve 
program to protect, restore and manage aquatic resources would be 
developed that is consistent with these modifications. Programmatic 
Section 404 Permit(s) would be issued for specifically identified 
activities and permitting criteria would be established for other 
future activities pursuant to the requirements of Section 404 of the 
Clean Water Act. The California Department of Fish and Game will 
formulate a Master Streambed Alteration Agreement under Section 1601 
and 1603 of the California Fish and Game Code for development in the 
SAMP Study area.
    The EIS would also address alternative 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 watershed and actions to protect aquatic resources, 
as identified in the SAMP. The key environmental impacts to be 
addressed in the EIS are listed below:
     Aquatic resources--potential effects of proposed 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 resources will also be addressed.
     Water quality--potential effects on the quality of surface 
and ground water due to construction activities in the watershed, and 
due to urban stormwater runoff associated with future development. To 
the extent feasible, the SAMP will address water quality issues on a 
programmatic basis.
     Threatened and endangered species--potential adverse 
effects on listed aquatic-dependent species. The Corps will consult 
with the Fish and Wildlife Service under Section 7 of the Endangered 
Species Act concerning potential effects on listed species, such as the 
least Bell's vireo (Vireo belli pusilius) and the southwestern willow 
flycatcher ( Empidonax traillii extimus), and designated critical 
habitat within the SAMP Study area.
     Cultural Resources--potential impacts on archelogical, 
ethnographic, paleontologic, and historic resources. The Corps of 
Engineers will comply with comply with the consultation requirements 
under Section 106 of the National Historic Preservation Act.

5.0  Schedule

    A Daft EIS is expected to be issued for public review in Spring 
2002.

    Dated: June 23 2001.
Richard G. Thompson,
Colonel, Corps of Engineers, District Engineer.
[FR Doc. 01-19040 Filed 7-30-01; 8:45 am]
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