[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3295-3299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00422]


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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision (ROD) for the United States Marine Corps Santa 
Margarita River Conjunctive Use Project (SMR CUP) at Marine Corps Base 
(MCB) Camp Pendleton, California

AGENCIES: Bureau of Reclamation (Reclamation), Department of the Navy 
(DoN).

ACTION: Record of Decision.

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SUMMARY: The Department of the Navy (DoN), after carefully considering 
the environmental consequences of the proposed action, announces its 
decision to implement a project for the conjunctive use of surface 
water and groundwater within the Lower Santa Margarita River (SMR) 
Basin. The DoN has selected the preferred alternative as identified in 
the 2016 Final Environmental Impact Statement (EIS)/Environmental 
Impact Report (EIR). This alternative consists of construction and 
operation of new facilities for adaptive management of surface water 
and groundwater resources that would be achieved through the enhanced 
diversion of SMR surface waters to groundwater recharge ponds and the 
active use of groundwater aquifers for water storage. The proposed 
action would resolve the water rights disputes between the United 
States (on behalf of the Marine Corps) and Fallbrook Public Utility 
District (FPUD) and satisfy the United States District Court for the 
Southern District of California order to find a ``physical solution'' 
to the ongoing litigation in United States v. Fallbrook Public Utility 
District, et al. The Proposed Action would also efficiently meet the 
long-term water demands of Marine Corps Installations (MCI) West-MCB 
Camp Pendleton and FPUD, reduce FPUD's dependence on imported water, 
maintain watershed resources, and improve water supply reliability by 
managing the yield of the Lower SMR Basin. The DoN and Reclamation are 
the designated co-lead agencies for review of this project under the 
National Environmental Policy Act (NEPA), and FPUD is the designated 
lead agency for review of this project under the California 
Environmental Quality Act (CEQA) in the preparation of the joint EIS/
EIR.
    This ROD documents why the DoN has chosen to implement the 
preferred alternative as described in the 2016 Final EIS/EIR. The ROD 
includes descriptions and discussions of the anticipated environmental 
impacts of the proposed action as well as all practical means to avoid 
or minimize environmental impacts from the selected alternative. It 
also includes descriptions and discussions of all related actions and 
their anticipated impacts.

FOR FURTHER INFORMATION CONTACT: SMR CUP EIS Project Manager, 
Commanding General, Marine Corps Installations West-Marine Corps Base 
Camp Pendleton, CA 92055-5010, Attn: Environmental Security, 760-725-
1721.

SUPPLEMENTARY INFORMATION: Pursuant to Section 102(2)(c) of the NEPA of

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1969, 42 United States Code (U.S.C.) Sec.  4332(2)(c), as implemented 
by the Council on Environmental Quality (CEQ) Regulations at 40 Code of 
Federal Regulations (CFR) Parts 1500-1508; DoN NEPA regulations (32 CFR 
part 775); and the United States Marine Corps Environmental Compliance 
and Protection Manual (Marine Corps Order P5090.2A, Change 3), the DoN 
announces its decision to implement the SMR CUP at MCB Camp Pendleton, 
California as described in Alternative 1 of the 2016 Final EIS/EIR.
    In addition to NEPA and other environmental laws, the DoN 
considered applicable executive orders (EO), including the requirements 
of EO 12898, Federal Actions to Address Environmental Justice in 
Minority Populations and Low Income Populations; EO 13045, 
Environmental Health Risk and Safety Risks to Children; EO 11990, 
Protection of Wetlands; and EO 11988, Floodplain Management.
    Purpose and Need: The purpose of the proposed action is to resolve 
the water rights dispute between the United States and FPUD and satisfy 
the United States District Court for the Southern District of 
California order to find a ``physical solution'' to the ongoing 
litigation in United States v. Fallbrook Public Utility District, et 
al. The proposed action is needed to upgrade/develop infrastructure and 
cooperative water management processes that satisfy MCI West-MCB Camp 
Pendleton and FPUD's respective current and future water requirements.
    MCB Camp Pendleton and FPUD entered into a Memorandum of 
Understanding in 2001 agreeing to jointly participate in the project in 
good faith and with full cooperation. MCB Camp Pendleton, Reclamation, 
and FPUD signed a Conceptual Points of Agreement in January 2011.
    Public Involvement: NEPA and CEQA regulations require an early and 
open process for determining the scope of issues related to a Proposed 
Action or project. In accordance with NEPA and CEQA, DoN, Reclamation, 
and FPUD initiated a public and agency scoping process to assist in 
determining the range of issues to be addressed in the EIS/EIR. A 
Notice of Intent was issued in November 2004 and a public scoping 
meeting was held in January 2005.
    The range of issues analyzed in the EIS/EIR was determined from the 
initial DoN, Reclamation, and FPUD evaluation of the action 
alternatives, as well as, comments received during the public scoping 
process and written and verbal comments received during the 2010 public 
review period for the California State Water Resources Control Board 
water right permit extension petitions.
    A Notice of Availability/Notice of Completion for the Draft EIS/EIR 
was published in the Federal Register on May 9, 2014, and a Notice of 
Completion was provided to the California State Clearinghouse on May 9, 
2014 to initiate a 45-day public review of the Draft EIS/EIR. A public 
meeting was held on May 29, 2014 at the FPUD, and the public review 
period for the Draft EIS/EIR concluded on July 10, 2014. Written and 
verbal comments on the Draft EIS/EIR were provided by the United States 
Environmental Protection Agency (USEPA) and FPUD Board members, 
respectively.
    The Final EIS/EIR was published in the Federal Register on October 
14, 2016; written comments were received from the USEPA on November 14, 
2016 and are being addressed through the consultation process with the 
United States Army Corps of Engineers (USACE) and completion and 
implementation of the Adaptive Management Plan/Facilities Operating 
Plan (AMP/FOP).
    Alternatives Considered: The DoN identified and evaluated a 
reasonable range of alternatives that consisted of two action 
alternatives and a no action alternative. The following provides a 
description of the two action alternatives:

Alternative 1

    This alternative would include diversion system upgrades, 
groundwater recharge, and groundwater production. Raw groundwater would 
be pumped from the aquifer and conveyed to the Haybarn Canyon area on 
MCB Camp Pendleton. The water delivered to Haybarn Canyon would then be 
diverted to either MCB Camp Pendleton's existing Haybarn Canyon 
Advanced Water Treatment Plant (AWTP), or to a new FPUD water treatment 
plant (WTP) via a new bi-directional pipeline. The bi-directional 
pipeline between FPUD and MCB Camp Pendleton would also allow imported 
water to be delivered from FPUD to MCB Camp Pendleton during drier than 
normal periods when local groundwater is insufficient to meet demands 
or during emergency conditions.

Improvements to Existing Facilities

    Replacement of Existing Sheet Pile Diversion with Inflatable Weir 
Diversion Structure. The existing sheet pile diversion structure on the 
SMR (within MCB Camp Pendleton) would be replaced with an inflatable 
weir diversion structure. The inflatable weir diversion structure would 
extend for up to one foot (ft) (0.3 meter [m]) higher than the existing 
diversion structure to allow for the proposed increase in the amount of 
water to be diverted from the SMR into O'Neill Ditch from the current 
60 cubic feet per second (cfs) to a maximum of 200 cfs. Water diverted 
from the SMR would flow to the aquifer recharge ponds, be stored in 
Lake O'Neill, or bypassed back to the SMR.
    The inflatable weir gates would be operated based on the operation 
plan outlined in the AMP/FOP guidelines and procedures as described 
below. During large streamflow events (i.e., 10-year event and 
greater), however, the inflatable weir would be fully lowered to allow 
floodwaters, sediment, and debris to pass downstream without adversely 
affecting water diversion facilities.
    Improvements to O'Neill Ditch and Headgate. The headgate (i.e., a 
gate for controlling the flow of water into a ditch) and O'Neill Ditch 
would be modified to increase the capacity from 60 cfs to 200 cfs to 
accommodate the maximum amount of water to be diverted under the 
project design. Operation of the headgate and O'Neill Ditch would be 
based on the operation plan outlined in the AMP/FOP guidelines and 
procedures as described below.
    Improvements to Recharge Ponds 1-7. The overall performance of the 
existing MCB Camp Pendleton Recharge Ponds 1-7 is currently reduced by 
operational inefficiencies related to lack of water level control and 
the inability to measure flow between ponds. Proposed improvements to 
Recharge Ponds 1-7 include redesigning the culverts and weirs that 
transfer water from one pond to the next. Operation of the recharge 
ponds would be based on the AMP/FOP guidelines and procedures as 
described below.

Proposed New Facilities

    Groundwater Production Wells and Associated Collection System 
Infrastructure. The existing groundwater production wells operated and 
maintained by MCI West-MCB Camp Pendleton would be augmented by the 
installation of four new groundwater production wells in the Upper 
Ysidora and Chappo sub-basins, along with appurtenant collection 
pipelines, power lines, and access roads. Operation of existing and new 
production wells would be based on AMP/FOP guidelines and procedures as 
described below. The pumping schedule would be designed to optimize 
groundwater levels during the winter to create storage in the aquifer, 
capture wintertime flow events, and

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minimize groundwater mounding at the recharge ponds. Pumping would be 
reduced during extremely dry years, with restricted groundwater pumping 
continuing until wetter hydrologic conditions occur.
    Water Conveyance/Distribution, including Bi-Directional Pipeline 
from MCB Camp Pendleton to a new FPUD Water Treatment Plant. Raw 
groundwater would be pumped from the aquifer and conveyed to the 
Haybarn Canyon area on MCB Camp Pendleton. The water delivered to 
Haybarn Canyon would then be diverted to either MCB Camp Pendleton's 
existing Haybarn Canyon AWTP, or to the new FPUD WTP via a new bi-
directional pipeline. The bi-directional pipeline between FPUD and MCB 
Camp Pendleton would also allow imported water to be delivered from 
FPUD to MCB Camp Pendleton during drier than normal periods when local 
groundwater is insufficient to meet demands or during emergency 
conditions.
    MCB Camp Pendleton would continue to process water for its own use 
at the existing Haybarn Canyon AWTP and FPUD would treat its portion of 
the project water at a new FPUD WTP (see detailed description below). 
Raw groundwater delivered to FPUD would average 3,100 acre-feet per 
year (afy) and would not exceed 800 acre-feet (af) in any given month.
    However, total volumes of raw water deliveries to FPUD would vary 
annually dependent upon multiple factors including, but not limited to, 
precipitation, river surface flows, surface diversions, and 
environmental considerations.
    FPUD WTP. A new FPUD WTP would be constructed on FPUD property 
adjacent to the existing FPUD WTP. The new FPUD WTP would be designed 
to provide potable water and would include an iron and manganese 
removal and demineralization facility. The new FPUD WTP would have the 
capacity to treat a maximum of 800 af per month, equivalent to up to 
8.4 million gallons per day, although it would remain subject to the 
maximum 3,100 afy raw water processing limit.
    Brine from the FPUD WTP would be discharged to the Pacific Ocean 
via FPUD's pipeline connection to the City of Oceanside Ocean Outfall 
(Ocean Outfall). FPUD's existing National Pollutant Discharge 
Elimination System (NPDES) Permit (CA0108031) would be amended to allow 
for the inclusion of the additional brine from the project.
    Supervisory Control and Data Acquisition (SCADA) System. Operation 
of a SCADA system, as included in the project, would be overseen and 
managed by the MCI West-MCB Camp Pendleton Facilities Maintenance 
Division. The spillway gates on the inflatable weir diversion 
structure, turnouts to the recharge ponds and Lake O'Neill, production 
and monitoring wells, flow measurement, and pumping plants would be 
designed for remote operation and/or data acquisition using the SCADA 
system.
    Open Space Management Zone (OSMZ). A legal framework would be 
established by FPUD to permanently preserve 1,392 acres (563 hectares) 
of riparian open-space land in the City of Fallbrook that was acquired 
by FPUD in 1958 for water supply development purposes. Under 
Alternative 1, all or most of the OSMZ would be placed in conservation 
management to preserve open space and riparian values that currently 
exist on the site. Conservation approaches currently being considered 
by FPUD include, but are not limited to: (1) purchase and management of 
the OSMZ by Reclamation, MCI West-MCB Camp Pendleton, or another agency 
or conservation related organization; (2) continued ownership of the 
property by FPUD subject to a conservation easement purchased by a 
third party that restricts future development; or (3) management of the 
property as a mitigation bank by FPUD or its designee.
    Adaptive Management Plan/Facilities Operation Plan (AMP/FOP). As 
part of the project, an AMP/FOP would be developed by MCI West-MCB Camp 
Pendleton to manage project diversion, recharge, production, and 
delivery facilities. The AMP/FOP would allow for diversions, recharge, 
production, and delivery to vary based on hydrologic conditions, with 
greater amounts of water diverted, recharged, produced, and delivered 
during wet years and less during drier years. The AMP/FOP would rely on 
near real-time and historical environmental and hydrologic data from 
existing and proposed gauges to determine project operations and meet 
delivery requirements balanced with environmental constraints. Actual 
field data gathered during project operations would be processed using 
a numerical groundwater model to determine future locations and rates 
of pumping that would protect environmental concerns while meeting 
project proponents' water requirements. The pumping schedules and 
proposed operations would then be published annually in a FOP that 
would describe how and when the inflatable weir, headgate, turnout 
gates, and wells are operated on a seasonal and monthly basis. The use 
of the AMP/FOP and its ability to rely on an alternative water supply 
(i.e., imported water from FPUD via a bi-directional pipeline) to meet 
demands on MCB Camp Pendleton would allow for increased sustained basin 
yield in the Lower SMR Basin. The AMP/FOP would continue to be 
developed, updated, and implemented by appropriate MCI West-MCB Camp 
Pendleton subject matter experts.

Alternative 2

    Alternative 2 is similar to Alternative 1 in terms of diversion 
system upgrades, groundwater recharge, and groundwater production. 
Alternative 2 includes the following components described under 
Alternative 1 (see Alternative 1 description for details on each of the 
following components):
     Replacement of Existing Sheet Pile Diversion with 
Inflatable Weir Diversion Structure,
     Improvements to O'Neill Ditch and Headgate,
     Improvements to Recharge Ponds 1-7,
     Groundwater Production Wells and Associated Collection 
System Infrastructure,
     Bi-directional Pipeline,
     The OSMZ, and
     The SCADA system.
    Alternative 2 differs from Alternative 1 in that a new surface 
water treatment facility located adjacent to the MCB Camp Pendleton 
Haybarn Canyon AWTP would treat surface water diverted from four new 
gallery wells installed between the recharge ponds and SMR. Treated 
water would be delivered to the MCB Camp Pendleton potable water 
distribution system and to FPUD via a bi-directional pipeline as 
previously discussed. The project components specific to Alternative 2 
are discussed below.
    Expand Haybarn Canyon AWTP and Add a Surface Water Treatment 
Facility at MCB Camp Pendleton. Groundwater from MCB Camp Pendleton's 
existing wells and SMR CUP's four new production wells would be treated 
at an expanded Haybarn Canyon AWTP. The expansion of MCB Camp 
Pendleton's existing Haybarn Canyon AWTP would occur to handle the 
increased Alternative 2 flow volumes. The existing Haybarn Canyon 
AWTP's groundwater water quality treatment goals would continue to be 
met under this expansion. The gallery wells would produce surface water 
that would be treated at the proposed new surface water treatment 
facility located adjacent to the existing Haybarn Canyon AWTP. The 
treated surface water would then be blended with the treated 
groundwater and distributed to MCB Camp Pendleton and FPUD.

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    Under Alternative 2, an additional average daily brine discharge of 
3.5 cfs would be produced and discharged to the Pacific Ocean via the 
existing Ocean Outfall. The additional brine would be conveyed to the 
Ocean Outfall via the existing brine discharge pipeline constructed for 
MCB Camp Pendleton's Haybarn AWTP, which is connected to the Ocean 
Outfall via the Haybarn Canyon AWTP's connection to the Ocean Outfall 
Pump Station. The brine discharge would be covered under either an 
amendment to FPUD's existing NPDES Permit (CA0108031) to the Ocean 
Outfall or an amendment to MCI West-MCB Camp Pendleton NPDES Permit 
(CA0109347).
    Gallery Wells and Associated Collection System Infrastructure. Four 
gallery wells would be installed adjacent to the SMR along the west 
side of the recharge ponds at MCB Camp Pendleton. Operation of the 
gallery wells would be based on AMP/FOP guidelines and procedures as 
described under Alternative 2 in the Final EIS/EIR.
    Water Conveyance/Distribution System, including Bi-Directional 
Pipeline. As previously discussed, a bi-directional water conveyance 
pipeline would be installed between the Haybarn Canyon AWTP and FPUD's 
WTP. The new pipeline would have two main turnouts to provide treated 
water directly MCB Camp Pendleton and FPUD users. As noted in 
Alternative 1, the bi-directional pipeline would also allow water to be 
delivered to MCB Camp Pendleton during drier than normal periods when 
groundwater is insufficient to meet demands or emergency situations.

No Action Alternative

    Under the No-Action Alternative, the water rights are not 
perfected, and other water development projects upstream of MCB Camp 
Pendleton could occur that would result in a reduction of water supply 
available to MCB Camp Pendleton to meet its existing and future water 
demands. Without implementation of a ``physical solution,'' the ongoing 
United States v. Fallbrook Public Utility District et al. litigation 
would not be settled. Although other alternatives may exist, they are 
neither feasible nor prudent. Failure to reach a physical solution may 
propel the parties into active litigation prone to lead to a probable 
court judgment not satisfactory to either party. MCB Camp Pendleton 
would continue to use its existing diversion, recharge, storage, and 
recovery system to meet its water demands. FPUD would rely solely on 
imported water purchased from the San Diego County Water Authority.
    Existing and future water demands on MCB Camp Pendleton would be 
met through the use of existing facilities or from the development of 
more expensive alternative water supplies, such as ocean desalination 
or construction of a new pipeline to an off-base water purveyor and 
purchase of imported water. Without access to an alternative water 
supply through the bi-directional pipeline, groundwater level declines 
during extended drought periods could not be mitigated nor could MCB 
Camp Pendleton water demands be met during drier than normal periods or 
emergency conditions.
    Under the No-Action Alternative, FPUD has no direct water supply 
benefit from the OSMZ property and no remaining justification for 
maintaining this property as open space. Without implementation of the 
SMR CUP, the OSMZ is eligible to revert to the original landowners and 
be developed, in which case there could be adverse impacts on wildlife, 
water quality, aesthetics, and other environmental values at the site 
and downstream. Under this alternative, the potential development of 
water resources by landowners could result in a reduction of available 
water supply to MCB Camp Pendleton and FPUD.
    Although the No-Action Alternative would not meet the purpose and 
need for the proposed action, it is included to serve as the baseline 
against which impacts of the alternatives can be compared.

Preferred Alternative and Environmentally Preferable Alternative

    The Final EIS/EIR identifies Alternative 1 as the Preferred 
Alternative. The Preferred Alternative best meets the purpose and need; 
has environmental impacts less than or comparable to the other action 
alternative (making Alternative 1 the Environmentally Preferable 
Alternative); and provides the most operational efficiency, 
construction flexibility, and cost-effectiveness of the action 
alternatives.
    Environmental Impacts: Impacts were assessed for the following 
resource areas: Geological resources, water resources, biological 
resources, cultural resources, air quality, hazardous materials and 
wastes, and utilities. With the implementation of the AMP/FOP, Best 
Management Practices (BMPs), Special Conservation Measures (SCMs), and 
mitigation measures described in the Final EIS/EIR, implementation of 
the Preferred Alternative (Alternative 1) would have no or less than 
significant impacts to geological resources, water resources, 
biological resources, cultural resources, air quality, hazardous 
materials and wastes, and utilities.

Geological Resources

    Significant impacts to geological resources would not occur due to 
project design, implementation of SCMs, and implementation of the AMP/
FOP.

Water Resources

    Significant impacts to water resources would not occur due to the 
implementation of the following mitigation measures. The AMP/FOP would 
include the maintenance of groundwater levels within historical range 
constraints; groundwater levels would be monitored by a series of 
telemetered groundwater monitoring wells; and pumping would be reduced 
or shut off if the groundwater level drops to within historic levels 
and remains reduced or discontinued until the average monthly 
groundwater levels recover to above historic levels.

Biological Resources

    Significant impacts to biological resources would not occur due to 
the implementation of the following mitigation measures. MCB Camp 
Pendleton will implement the AMP/FOP and adhere to the terms and 
conditions of the United States Fish and Wildlife Service (USFWS) and 
National Oceanic and Atmospheric Administration/National Marine 
Fisheries Service (NMFS) Biological Opinions (BOs) for Federal 
threatened and endangered species and state special status species, 
including least Bell's vireo, southwestern willow flycatcher, arroyo 
toad, and southern California steelhead.

Cultural Resources

    Significant impacts to cultural resources would not occur, because 
adverse impacts to cultural resources within the Area of Potential 
Effect will be avoided through construction design.

Air Quality

    Significant impacts to air quality would not occur due to project 
design, implementation of SCMs, and implementation of the AMP/FOP.

Hazardous Materials and Waste

    Significant impacts would not occur due to hazardous materials and 
waste, which would be managed during construction and operation in 
accordance with applicable Federal and state regulations. The proposed 
new wells have been sited so that

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groundwater pumping would not impact the mapped plumes associated with 
Installation Restoration Program sites and would be monitored and 
managed through the AMP/FOP.

Utilities

    Significant impacts to existing utilities would not occur due to 
project design, implementation of SCMs, and implementation of the AMP/
FOP.
    Cumulative Impacts: Implementation of the Preferred Alternative, 
when considered in combination with other past, present, and reasonably 
foreseeable future actions identified in the Final EIS/EIR, will not 
result in significant cumulative impacts on the human environment. Many 
potential impacts are localized and are of relatively short duration. 
With the implementation of BMPs, SCMs, and mitigation measures 
described in the Final EIS/EIR, cumulative impacts on geological 
resources, water resources, biological resources, cultural resources, 
air quality, hazardous materials and wastes, and utilities resulting 
from implementation of the Preferred Alternative would be negligible.
    Mitigation Measures: Projects comprising the Preferred Alternative 
will be designed to minimize impacts to the maximum extent practicable 
and will be implemented using SCMs, BMPs, and the AMP/FOP, as discussed 
under Agency Coordination and Consultation below. Special conservation 
and construction measures listed in the Final EIS/EIR will be 
implemented as part of the action as conditions of construction 
contracts for the projects. The DoN has identified specific avoidance, 
minimization, and mitigation measures for impacts to biological 
resources.
    Unavoidable impacts to jurisdictional wetlands and other waters of 
the United States may require mitigation. The development of a 
mitigation and monitoring plan is a requirement of Clean Water Act 
Sections 401 and 404 permit applications for activities that would 
discharge dredge or fill materials into Waters of the United States. 
This plan will include details regarding site appropriateness, 
preparation (e.g., grading), recontouring, planting specifications 
(including seed mixes and plant palettes), and irrigation design (if 
determined necessary), as well as maintenance and monitoring procedures 
(including monitoring period and reporting).
    Agency Coordination and Consultation: No cooperating agencies 
participated in the EIS/EIR process; however, MCI West-MCB Camp 
Pendleton completed consultation with the USFWS and NMFS under Section 
7 of the Endangered Species Act and with Native American tribes and the 
California State Historic Preservation Office (SHPO) under Section 106 
of the National Historic Preservation Act. In accordance with Section 
401 and 404 of the Clean Water Act, coordination is also underway with 
the San Diego Regional Water Quality Control Board (RWQCB) and U.S. 
Army Corps of Engineers (USACE).

USFWS: Endangered Species Act Section 7 Consultation

    MCI West-MCB Camp Pendleton submitted a Biological Assessment to 
the USFWS on September 15, 2015, and received a Final BO on August 15, 
2016, concluding that the proposed action is not likely to jeopardize 
the continued existence of Federal threatened and endangered species 
and state special status species within the project area, including 
least Bell's vireo, southwestern willow flycatcher, and arroyo toad.

NMFS: Endangered Species Act Section 7 Consultation

    MCI West-MCB Camp Pendleton submitted a Biological Assessment to 
NMFS on February 10, 2014, and received a Final BO on September 28, 
2016, concluding that the proposed action is not likely to jeopardize 
the continued existence of the southern California steelhead.

SHPO/Native American Tribes: National Historic Preservation Act, 
Section 106 Consultation

    MCI West-MCB Camp Pendleton submitted a consultation letter to the 
SHPO on March 19, 2012, requesting concurrence on the Finding of Effect 
for the proposed action, and received concurrence on September 19, 
2013. MCI West-MCB Camp Pendleton consulted with the following Native 
American Tribes: La Jolla Band of Mission Indians; Pauma Band of 
Mission Indians; Pechanga Band of Luiseno Mission Indians; Rincon Band 
of Luiseno Indians; Pala Band of Mission Indians, Soboba Band of 
Luiseno Indians; San Luis Rey Band of Luiseno Indians; Juaneno Band of 
Mission Indians-Acjachemen Nation (Belardes); Juaneno Band of Mission 
Indians-Acjachemen Nation (Rivera/Romero); and Juaneno Band of Mission 
Indians-Acjachemen Nation (Reyes). The Rincon Band of Luiseno Indians 
requested to be kept informed on all updates for the project. The Pala 
Band of Mission Indians concurred with the methods for determining 
eligibility and treatment of historic properties and asked to be 
consulted if any new information or conclusions are reached.

USACE and San Diego RWQCB: Clean Water Act Sections 401 and 404

    MCI West-MCB Camp Pendleton has submitted a Section 401 water 
quality certification application to the San Diego RWQCB and a 404 
individual permit application to the USACE for the Preferred 
Alternative. To the maximum extent practicable, MCI West-MCB Camp 
Pendleton will avoid and minimize impacts to waters of the United 
States and will implement pre- and post-construction BMPs for sediment 
and erosion control. The proposed action will also comply with the MCI 
West-MCB Camp Pendleton Integrated Natural Resources Management Plan.
    Conclusion: After careful consideration of the purpose and need for 
the proposed action, the analysis contained in the Final EIS/EIR, and 
comments received on the Draft and Final EIS/EIR from Federal, State, 
and local agencies, Native American Tribes, non-governmental 
organizations, and individual members of the public, I have decided to 
proceed with Alternative 1, the Final EIS/EIR Preferred Alternative, 
which entails improvements to existing facilities and construction of 
new facilities to efficiently meet the long-term water demands of MCB 
Camp Pendleton and FPUD, reduce FPUD's dependence on imported water, 
maintain watershed resources, and improve water supply reliability by 
managing the yield of the Lower SMR Basin.

    Authority: 35 U.S.C. 207; 37 CFR part 404.

    Dated: January 3, 2017.
A.M. Nichols,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2017-00422 Filed 1-10-17; 8:45 am]
 BILLING CODE 3810-FF-P