[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Notices]
[Pages 21323-21325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8523]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army


Intent To Prepare a Draft Environmental Impact Statement (DEIS) 
for a Proposed Special Area Management Plan for the Otay River 
Watershed, San Diego County, CA

AGENCY: U.S. Army Corps of Engineers, (DoD).

ACTION: Notice of intent.

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SUMMARY: The U.S. Army Corps of Engineers (Corps of Engineers) is 
announcing its intent to prepare a Draft Environmental Impact Statement 
(DEIS) for a Special Area Management Plan (SAMP). The SAMP is being 
developed to address potential effects of anticipated development, 
infrastructure, and maintenance projects on aquatic resources in the 
Otay River Watershed (SAMP study area). The DEIS will assess the 
impacts of various land development and aquatic resource protection 
alternatives as set forth below and further identified during the 
preparation of the SAMP. It is anticipated that the DEIS will be 
utilized by the local agencies in lieu of an Environmental Impact 
Report (EIR) pursuant to the California Environmental Quality Act 
(CEQA).
    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, consistent 
with the goals and objectives of local land use plans and with the 
regional Multiple Species Conservation Plan (MSCP) for southwestern San 
Diego County developed by local governments in collaboration with the 
U.S. Fish and Wildlife Service and California Department of Fish and 
Game. The SAMP will provide a framework for a long-term program-level 
permitting process for projects in the watershed subject to the Corps 
of Engineers' permit authority under Section 404 of the Clean Water Act 
(CWA). Section 404 of the CWA regulates the discharge of dredged or 
fill material into waters of the United States, including wetlands. The 
SAMP may also be utilized by other agencies in the administration of 
their regulatory programs, including the California Department of Fish 
and Game (i.e., Section 1600 et seq. of the Fish and Game Code) and the 
Regional Water Quality Control Board (i.e., Section 401 of the CWA).
    In addition, the SAMP will include a comprehensive program 
involving conservation, restoration, and management of aquatic 
resources within the study area.

FOR FURTHER INFORMATION CONTACT: Questions about the proposed action 
and DEIS can be answered by: Ms. Laurie Monarres, Otay River SAMP 
Project Manager, (858) 674-5384, [email protected], 
Regulatory Division (CESPL-RG), U.S. Army Corps of Engineers, Los 
Angeles District, San Diego Field Office, 16885 West Bernardo Drive, 
Suite 300A.

SUPPLEMENTARY INFORMATION: 1. Proposed Action: The Corps of Engineers 
utilizes Special Area Management Plans to assist in long-term planning 
for regulatory actions under Section 404 of the CWA that involve large 
areas, complex projects, and sensitive aquatic resources. The subject 
SAMP study area consists of the Otay River Watershed in southwestern 
San Diego County.
    The SAMP will describe an approach and a 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 Otay River Watershed are to: (1) Evaluate the 
extent and condition of existing aquatic resources; (2) develop a 
comprehensive reserve program for the protection, enhancement, 
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 activities suitable for 
authorization using abbreviated, program-level permitting procedures 
under Section 404 of the CWA. Activities that may be authorized using

[[Page 21324]]

such program-level permitting procedures include, but are not limited 
to, the construction of public and private infrastructure, such as 
roads, flood control projects and utilities; operation and maintenance 
of public and private facilities; residential, commercial, industrial, 
and recreational development; and restoration, enhancement, and 
creation of aquatic resources. The Corps of Engineers will jointly 
develop the SAMP with other public agencies, including the County of 
San Diego and the Cities of Chula Vista, and Imperial Beach. In 
addition, the Corps of Engineers and County of San Diego will 
coordinate with the U.S. Fish and Wildlife Service, the U.S. 
Environmental Protection Agency, the California Department of Fish and 
Game, and the California Regional Water Quality Control Boards as 
appropriate. The Corps of Engineers encourages active participation by 
affected interests, including landowners and the general public.
    The County of San Diego and the cities of Chula Vista, and Imperial 
Beach will seek a Master Streambed Alteration Agreement (MSAA) under 
section 1600 et seq. of the California Fish and Game Code for 
activities in the SAMP study area that affect lakes, rivers, streams, 
and associated riparian habitats subject to the Department's 
jurisdiction. The documentation necessary to support a MSAA will be 
developed in close coordination with the California Department of Fish 
and Game.
    The environmental review of the SAMP/MSAA will be conducted through 
an EIS. The County of San Diego will serve as the lead agency for the 
purpose of environmental review pursuant to the California 
Environmental Quality Act (CEQA) for the actions described in the SAMP/
MSAA. The Corps of Engineers and the County of San Diego will work 
cooperatively to prepare the EIS document, and to coordinate the public 
notice and hearing processes under federal and state law.
    2. Alternatives: Alternatives that may be considered include the 
following two categories:
    I. No-SAMP alternatives (also called No-Action alternatives):
    (a) No Action (No SAMP). This alternative contemplates that no SAMP 
would be developed and that permitting under Section 404 of the CWA 
would proceed on a project-by-project basis. Under the alternative, 
each individual project would be required to obtain, as needed, permits 
from the Army Corps of Engineers.
    (b) No Federal Action/No Impacts to Waters of the U.S. (Full 
Realization of General Plans). This alternative would require avoidance 
of impacts to waters of the United States, eliminating the need for the 
issuance of Corps permits. To support the level of development 
contemplated by local general plans, this alternative could involve 
changes to existing specific plans and other land use documents to 
accommodate higher density development and new infrastructure.
    (c) No Federal Action/No Impacts to Waters of the U.S. (Partial 
Realization of General Plans). This alternative would require avoidance 
of impacts to waters of the United States and eliminate the need for 
the issuance of Corps permits. Under this alternative, build-out of the 
elements of local government general plans affecting the Otay River 
Watershed would be reduced by a level commensurate with the avoidance 
of areas containing jurisdictional resources.
    II. SAMP alternatives:
    (a) Existing General Plans/MSCP. This alternative reflects land 
uses designated in current general plans and other adopted plans. Land 
uses would proceed as currently anticipated in the participating local 
governments' existing land use plans and would require permits under 
Section 404 in some cases. Conserved aquatic resources would be limited 
to preserve areas identified by the MSCP.
    (b) Updated General Plans/MSCP. Under this alternative, the likely 
changes in land use type and location that would occur under the 
revised General Plans for the City and County of San Diego would be 
analyzed. Conserved aquatic resources would be limited to preserve 
areas identified by the MSCP.
    (c) Maximum Open Space/Minimal Development. One or more 
alternatives would analyze land use scenarios that would result in 
greater set asides of open space and lower levels of development than 
currently anticipated for the watershed. The alternative(s) may, for 
instance, consider the elimination of certain specific plans and other 
high-density development projects to reduce the impacts of development 
and gain additional open space in the watershed.
    (d) Maximum Development/Minimal Open Space. One or more 
alternatives would analyze land use scenarios that would result in 
higher levels of development and lower levels of open space. The 
alternative(s) may consider high intensity development in areas 
otherwise zoned for open space, agriculture, or low density 
development.
    (e) Subbasin Development/Open Space Scenarios. One or more 
alternatives would analyze land use scenarios on a subbasin-by-subbasin 
basis with the goal of protecting subbasin and watershed riparian 
ecosystem integrity in terms of hydrology, water quality, and habitat. 
Land uses currently anticipated in each subbasin may be modified or 
relocated to determine the environmental impact of different land use 
configurations. The alternatives would reflect land use scenarios that 
would likely have differing effects on the riparian ecosystem integrity 
of the watershed.
    (f) Protection of High Integrity Areas (Function-Based Approach). 
One or more alternatives would focus on maximizing the protection/
preservation of areas with high functional integrity with respect to 
aquatic resource hydrology, water quality, and habitat. The 
alternative(s) would eliminate certain land uses based on their effects 
on high integrity resources.
    (g) Avoidance of Jurisdictional Wetlands. Under this alternative, 
impacts to wetlands under the jurisdiction of the Corps would be 
avoided. However, the alternative would contemplate some level of 
impact to non-wetland jurisdictional waters, such as ephemeral and 
intermittent streams.
    (h) Updated General Plans/MSCP/Subbasin Functional Assessment 
Criteria. This alternative contemplates that land uses would proceed 
consistent with general plan updates as likely to be adopted by the 
applicable jurisdiction. Under this alternative, the likely changes in 
land use type and location that would occur under the revised General 
Plans for the City and County of San Diego would be analyzed. In 
addition, the alternative would recognize the preserve system 
designated under the MSCP; however, additional areas could be set aside 
for the protection, enhancement, and restoration of aquatic resources. 
These additional areas would be identified based on the goal of 
achieving certain ecological integrity targets and other physical and 
biological considerations.
    3. Scoping Process: The Corps' scoping process for the DEIS will 
involve soliciting written comments and a public meeting. Potentially 
significant issues to be analyzed in the DEIS include aquatic 
resources, surface water quality, threatened and endangered species, 
cultural resources, cumulative, and growth inducing impacts.
    4. In order for the EIS to be utilized by the state and local 
agencies to satisfy

[[Page 21325]]

the requirements of CEQA, the EIS will include a separate discussion of 
feasible mitigation measures for each significant impact.
    5. Other environmental review, consultation requirements, or 
considerations include compliance with section 106 of the National 
Historic Preservation Act and section 7 of the Endangered Species Act.

Public Scoping

    A public scoping meeting to receive input on the scope of the DEIS 
will be conducted on April 29, 2008 from 7 p.m.-9 p.m. at the City of 
Chula Vista Department of Public Works Building located at 1800 Maxwell 
Road, Chula Vista, CA 91911. This meeting will address both the SAMP 
and the MSAA. The public scoping will be conducted in an open-house 
format.
    Comments on the scope of the DEIS will be accepted from the public 
until June 18, 2008.

Schedule

    The estimated date the DEIS will be made available to the public is 
December 2009.

    Dated: April 14, 2008.
Mark Durham,
Chief, South Coast Branch, Regulatory Division.
 [FR Doc. E8-8523 Filed 4-18-08; 8:45 am]
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