PUBLIC SCOPING COMMENT PART 6 TIMELINE

 

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Continue from TIMELINE 2006 - 2014   

TIMELINE 2014 to the Present

BACKUP PLAN

While waiting on the final decision, TCA/Caltrans/County of Orange/RMV begins to work on a back-up plan. The use of RMV 401 Waste Water Certification for "F" Street to build a segment of SR 241 from Oso Parkway to Cow Camp Road.

November 21, 2014

Rancho Mission Viejo files an application for a Letter of Permission Permit with the US Army Corps of Engineers requesting to make a minor amendment to SPL-1999-1236 Long Term Individual 404 Permit Associated with the San Juan Creek Watershed/Western San Juan Creek Watershed Special Area Management Plan (SAMP).  Letter of Permission Permit Application to: USACOE, SDRWQCB AND CDFG "F" Street, Trail/Sidewalk & Associated Utilities project dated November 21, 2014

The Minor Amendment requested was to shift the alignment of "F" Street by 10% farther to the east so that "F" Street would align with the on and off ramps of the terminus of SR 241 at the Oso Parkway Bridge.

The Application contained material misstatements of facts:

Fact Stated:

"The proposed project is consistent with the San Juan Creek Watershed/Western San Mateo Creek Watershed Special Area Management Plan (SAMP); the impacts were identified in the SAMP Environmental Impact Statement (EIS) and the associated Long Term Individual 404 Permit SPL-1999-16236"

The Proposed project is not consistant with the SAMP or MAAS

The San Diego Regional Water Quality Control Board stated so in 401 Wastewater Certification No. R9-2014-0144 granted to Rancho Mission Viejo (as a private entity) to build "modified "F" Street" aka Los Patrones Parkway as a free County Arterial Highway. The Permit specifically states:

"A portion of "F" Street, within the footprint of the Planning Area 2 project, was previously permitted under United States Army Corps of Engineers (USAGE) Section 404 Permit SPL2013-00126-JPL, San Diego Water Board section 401 Water Quality Certification No. R9- 2013-0036, and California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement No. 1600-2006-0438-0006-R5. The "F" Street Project is a Covered Activity under the San Juan Creek/Western San Mateo Creek Watershed Special Area Management Plan (SAMP) issued by the USAGE and Master Streambed Alteration Agreement (MSAA) issued by CDFW. It should be noted however that the current design has a different alignment than permitted in the SAMP and MSAA, includes multi-modal facilities (i.e., a trail), and has a different connection to Oso Parkway (direct connection to Oso Parkway instead of via Tesoro Creek Road)."

Original "F" Street was designated a collector road that was to connect Cow Camp Road to Tesoro Creek Road (a driveway for Tesoro High School) and terminate at Oso Parkway west of the terminus of SR 241. It was designed to be a second entrance and exit to Tesoro High School.

In the Letter of Permission Application, RMV stated that in addition to the shift in alignment, "F" Street was going to be redesignated as a County Arterial Highway and would be renamed Los Patrones Parkway.

Material Ommiission:

Los Patrones was being paid for by the TCA and was being built to Toll Road Specifications.

Construction of a Tolled Road is not a Coverd Activity under SAMP or MSAA.

Fact Stated:

Road Gap 1 is an ephemeral drainage that originates to the south of the “F” Street alignment. The drainage ranges in width from 2 to 3 feet and consists of an earthen channel and banks with leaf litter in the channel. No wetlands are associated with the drainage.

Tesoro High School sits on four parcels of land that are owned by the Capistrano Unified School District that are not suppose to be part of the Habitat Reserve. However, Parts of Parcel 125-096-69 are the Habitat Reserve south of Oso and west of "Modified "F" Street". Parcel 125-096-82 is the drainage being referred to in the application. 

Land owned by the Capistrano Unified School District has been encumbered by entities that do not own them and had no right to encumber them (Violation of the Subdivision Map Act)

Tesoro High School is built on top of Chiquita Canyon Channel, a rare Alkali Riparian Marsh that was actually under federal review for protection at the the time Chiquita Canyon High School aka Tesoro High School was being built (1996- 2001 when it opened). It appears that L05 El Horno Creek, L06 Canada Chiquita Channel and parts of L07 Canada Gobernadora are not included in the South Orange County Integrated Regional Watershed Management Program and are marked as "Unknown". They are not monitored.  

L06 is named Canada Chiquita Channel. Portions of L06 sit on Parcel 125-096-82 which is owned the Capistrano Unified School District. All four parcels of land that Tesoro High School was built on have been placed into the right-of-way for the Tesoro Extension of the 241 Toll Road aka Los Patrones Parkway aka "F" Street by entities that did not own the land . These entities had no right to encumber the school districts property. Unfortunately it appears that when the County approved construction of the Oso Bridge Gap Closure Project designed to make a direct connection between SR 241 and Los Patrones they did so without opening a new environmental review. All of the drainage for the Oso Bridge project, the Oso Bridge Gap Closure Project and the Modified alignment fo SR241 has been designed to drain all wastewater discharge into Canada Chiquita Channel and underneath Tesoro High School which was built on a known, very rare and unique Alkali Marsh (one of 8 identified within the State of California). 

The amount of water that has been designed to flow into Canada Chiquita Channel is substantial compared to what was permitted. 

The roject site will result in permanent impacts that exceed the stated 0.09 acres.

Construction of the Oso Bridge Gap Closure Project should be stopped until Calrans as the lead agency for NEPA opens a new environmental review. 

SPL-1999-16236 should be reevaluated and revoked as mandated by statute if information provided by Rancho Mission Viejo is found to be false, incomplete or inaccurate.

Nov 24, 2014 On Nov 24, 2014 Rancho Mission Viejo filed an incomplete 401 Wastewater Discharge Permit R9-2014-0144 for "F" Street a collector road that was designed to connect Cow Camp Road to Tesoro Creek Road (Tesoro High School's driveway) and terminate at Oso Parkway.
December 15, 2014

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Operation of Middle Chiquita Canyon Reservoirs CEQA

The State Water Resources Control Board (SWRCB), as the responsible agency, will be issuing a water supply permit. The Santa Margarita Water District proposed project included the construction of two 2-MG domestic water storage tanks.

Notice of Determination

Approving Agency
State Water Resources Control Board
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
State Water Resources Control Board Santa Ana District Office 605 W. Santa Ana Blvd, Bld 28, Rm 325 Santa Ana, CA 92701

Determinations

(1) The project will have a significant impact on the environment
No
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
No
(6) Findings were made pursuant to the provisions of CEQA
No
January 30, 2015

On January 30, 2015 Rancho Mission Viejo received permission from the U.S Department of the Interior, Fish and Wildlife Services to make a "Minor Amendment" to the alignment of F-Street California Regional Water Quality Control Board San Diego Union Clean Water Act Section 401 Water Quality Certificcation and Waste Discharge of Dredged and/or Fill Materials R9-2014-0144

https://drive.google.com/file/d/1YeG6JF0xE4Ihk3guU35Vf64biXNuQjL-/view page 31

March 16, 2015

On March 16, 2015 the San Diego Water Board DENIED Revised Tentative Order No. R9-2013-0007.  Substantial evidence in the record supports a factual conclusion that the Tesoro Extension is part of a larger SOCTIIP toll road extension. The proposed toll road, and preferred alternative, as analyzed in the FSEIR, extends south of San Juan Creek and will impact waters of the United States and waters of the State. The final denial of the Tesoro Extension of SR-241 Toll Road south of the Oso Parkway Bridge. California Regional Water Quality Control Board Resolution No. R9-2015-0022 page 7

CONSTRUCTION OF THE TOLL ROAD SOUTH OF OSO PARWAY WAS EFFECTIVELY DEAD UNLESS THE TCA COULD FIND A NEW ALIGNMENT AND START CONSTRUCTION NO LATER THAN JUNE 2015

Prior to starting any construction, the Rancho Mission Viejo was required to comply with Section 401 and 404 of the Clean Water Act by obtaining the following: 

1. Wastewater discharge permit from the State Water Resources Control Board (SWRCB) (obtained by using the 401 Waste Water Discharge Permit for "Modified" F-Street which was administratively approved on June 4, 2015 without public in-put), 

2. Biological opinion from the US Fish and Wildlife service (received January 30, 2015 with approval of the "Minor Amendment)

3. A Letter of Permission from the US Army Corps of Engineers (granted July 16, 2015 issued with Special conditions (US Army Corps of Engineers (DA Number: SPL-2015-00054))

March 16, 2015 TCA files: PETITION FOR REVIEW AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

BACKUP PLAN IMPLEMENTATION

The TCA/Caltrans, County of Orange and Rancho Mission Viejo and possibly the San Diego Regional Water Quality Control Board worked together to allow the use the 401 Wastewater Discharge Permit R9-2014-0144 granted to RMV (a private entity) for the construction of "modified" "F" Street aka Los Patrones Parkway (a free Arterial Road) to build the Tesoro Extension of SR-241 from Oso Parkway to Cowcamp Road (a TCA/Caltrans project for a TOLLED Road that had already been denied a wastewater drainage permit 5 times by multiple entities.

March 18, 2015  On March 18, 2015 Rancho Mission Viejo Rancho applied for a Clean Water Act section 404 permit from the United States Army Corps of Engineers for the "F" Street Project (USACE File No. SPL-2015-00054).  
March 18, 2015

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

The Ranch Plan-Planning Areas 3 and 4 Master Area Plan and Subarea Plans (3.1 through 3.8 and 4.1) and Infrastructure Improvements

April 1, 2015

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Temporary Water Right Permit for Santa Margarita Water District Multipurpose Basin Project CEQA

Santa Margarita Water District filed an application for a temporary permit to appropriate water on March 9, 2015 pursuant to Water Code section 1425. The district proposes to divert return flows from purchased water flowing in Gobernadora Creek. An upper basin will use a wetlands process to treat non-storm flows for irrigation use within the Coto de Caza community. A lower basin will be used to attenuate storm flows. A portion of the water diverted will be stored in the District's Portola reservoir. The temporary permit is necessary to reduce the District's reliance on imported water and prevent the imminent loss of grant funding for the project.

Notice of Determination

Approving Agency
State Water Board
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
Orange County, 300 N. Flower St, Santa Ana, CA 92703

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
No
(6) Findings were made pursuant to the provisions of CEQA
Yes
April 9, 2015 On April 9, 2015 Rancho Mission Viejo completed its incomplete application for 401 Wastewater Discharge Permit R9-2014-0144 for "modified" "F" Street. The permit states that Rancho Mission Viejo has also applied for a Clean Water Act section 404 permit from the United States Army Corps of Engineers for the Project (USACE File No. SPL-2015-00054). California Regional Water Quality Control Board San Diego Region "F" Street from "A" Street to Oso Parkway Project Certification Number R9-2014-0144
June 4, 2015

On June 4, 2015 The San Diego Water Board "administratively approved" RMV's 401 Wastewater Discharge Permit R9-2014-014412 to build "modified" "F" Street.

The permit expressly stated on page 2:

"F" Street is not the Tesoro Extension of SR-241 that was denied waste water discharge requirements by the San Diego Water Board in 2013 (in the proceedings on Tentative Order R9-2013-0007 6) or a facility related to SR-241 and the Tesoro Extension is not covered by this Certification"F" Street will be operated by the County of Orange as a free road." 

California Regional Water Quality Control Board San Diego Region "F" Street from "A" Street to Oso Parkway Project Certification Number R9-2014-0144

The only entity named on the permit was Rancho Mission Viejo (a private entity) building "modified "F" Street aka Los Patrones Parkway proposed to be a County of Orange Rural Secondary Highway with the County of Orange as the lead for CEQA

The project that is currently being built from Cow Camp Road to Oso Parkway is not Modified "F" Street as described in RMV permit. What is actually being built is the Tesoro Extension of SR - 241 with "modifications". The 10% shift in alignment brought the "original" toll road approximately 800' closer to Tesoro High School (a sensitive receptor), and will impact an additional 87.8-acres of the habitat reserve located next to Tesoro High School, a highly sensitive plant and animal habitat. As such, all noise, air and pollution studies that were done are no longer valid. 

A 10% shift in the alinment of "modified "F" Street coupled with the construction of a toll road rather than an arterial road is a "substantial change", not a "minor adjustment" that should have triggered a new environmental review with Caltrans as the lead agency for NEPA. 

The 401 Wastewater Discharge Permit R9-2014-0144 documentation shows that this permit; which was "administratively approved" by the San Diego Water Board failed to include all of the following documents:

(1) Agreement for Grant of Fee Credits

(2) Grant Deed to County of Orange

(3) Irrevocable Offer to Convey 

and  

November 8, 2016 Orange County Board of Supervisors Meeting Subject: Addendum to the July 18, 2006, Affordable Housing Agreement Rancho Mission Viejo 

Rancho Mission Viejo only disclosed the Agreement for Grant Fee Credits, and not the property offers. Rancho Mission Viejo had an obligation to disclose all of the Agreements to the Water Board. If they had, then the permit would have been denied a sixth time, or would have named the TCA with Caltrans as the lead for NEPA on the permit with Rancho Mission Viejo.

On July 16, 2015 Rancho Mission Viejo received a Letter of Permission issued with Special conditions from US Army Corps of Engineers (DA Number: SPL-2015-00054)

June 4, 2015 401 Water Quality Certification R9-2014-0144 "F" Street from "A" Street to Oso Parkway Project Certification Number R9-2014-0144
June 8, 2015

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

"F" Street Alignment (Cow Camp Road to Oso Parkway) CEQA

The project will construct a modified rural secondary highway from Cow Camp Road to Oso Parkway, at the terminus of State Route -241 (SR-241) in Orange County, which will consist of two 12-foot through lanes with 8-foot shoulders in both directions and a median. Storm water conveyance facilities will be provided adjacent to the roadway. A paved 10-foot-wide pedestrian and bicycle multi-purpose pathway will be provided on the southbound side of the roadway. The roadway will have a design speed of 70 mph and a posted speed limit of up to 65 mph.

Notice of Determination

Approving Agency
RWQCB-San Diego Region
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
http://www.waterboards.ca.gov/rwqcb9/water_issues/programs/401_certification

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
Yes
(6) Findings were made pursuant to the provisions of CEQA
Yes
June 18, 2015

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Sub-Notification of Master Streamed Alteration Agreement No. 1600-2006-0438-0008-R5 for the 'F' Street, Trail, & Associated Utilities Project CEQA

CDFW is intending to execute a Sub-Notification Approval for Master Streambed Agreement 1600-2006-0438-R5 pursuant to Section 1600-2006-0438-R5 pursuant to Section 1602 of the Fish and Game Code (#1600-2006-0438-0008-R5) to the project applicant, Ranch Mission Viejo. 'F' Street, Trail, & Associated Utilities Project will permanently impact 0.466 acre of streambed including 0.156 acre of ephemeral streams and 0.310 acre coast live oak riparian forest.

They are not specifying any mitigation for this take.

July 16, 2015 On July 16, 2015 Rancho Mission Viejo received a Letter of Permission issued with Special conditions from US Army Corps of Engineers (DA Number: SPL-2015-00054) 

 

PURSUANT TO A PUBLIC RECORDS REQUEST I RECEIVED THE FOLLOWING DOCUMENTS ON DECEMBER 19, 2019:

FOIA 20-0027 (SPL-2015-00054 ("F" Street from "A" Street to Oso Parkway, Rancho Mission Viejo)) 

Letter of Permission Permit Application to: USACOE, SDRWQCB AND CDFG "F" Street, Trail/Sidewalk & Associated Utilities project dated November 21, 2014

Permit Number:  SPL-2015-00054-G5 issued July 16, 2015. 

July 16, 2015 

SPL-1999-1623

July 16, 2015 Letter from Salas Gerard, Senior Project Manager USACOE Letter RE: (File No. SPL-2015-00054-GS) for a Department of Army permit for your proposed project, "F" Street from "A" Street to Oso Parkway, in Rancho Mission Viejo, previously evaluated as part of the Special Area Management Plan (SAMP) for San Juan Creek/Western San Mateo Creek watersheds and for the associated long-term Department of the Army (DA) permit (SPL-1999-16236), issued March 23, 2007. Specifically, and as shown on the attached drawings, you are authorized to conduct the
following regulated activities:

  1. Permanently discharge fill material onto 0.019 acre of non wetland waters of the United
    States (Road Gap 1) to construct a new County of Orange arterial road called F Street,
    from Cow Camp Road to Oso Parkway (see attached Figure 4); and
  2. Permanently discharge fill material onto 0.07 acre of non wetland waters of the United
    States (Road Gap 9) to construct a new County of Orange arterial road called F Street,
    from Cow Camp Road to Oso Parkway (see attached Figure 5).
August 25, 2015

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Addendum to FEIR 584 and FEIR 589, Trampas Canyon Dam and Reservoir Project

September 23, 2015  On September 23, 2015 Rancho Mission Viejo appealed to the U.S Department of the Interior, Fish and Wildlife Services to make a "minor amendment" to the alignment of F-Street. A 10% shift in the alignemnt of "F" Street so that "modified" F" Street would align with the off and on ramps of the SR-241 that terminated at Oso Parkway
2016 Construction commenced on Los Patrones Parkway (formerly known as F Street), a county arterial road between Oso Parkway and Cow Camp Road occupying the same general footprint as the proposed Tesoro Extension.
2016 Between February and June, 2016 the County of Orange took certain actions resulting in the approval of the Oso Parkway Bridge project (“Bridge Project”) proposed by TCA, which would allow for a direct connection between SR 241 and Los Patrones Parkway under Oso Parkway.
May 2, 2016 Save San Onofre Coalition (SSOC), County of Orange, and TCA entered into an agreement by which the parties agreed to extend the time for SSOC to challenge the Oso Bridge Project (as amended, “Bridge Tolling Agreement”).
June 2016

Oso Parkway Bridge Project Initial Study No. IP 15-252 

Addendum to Final Environmental Impact Report No. 584 (State Clearinghouse No. 2006061140) 

Southern Subregion Natural Community Conservation Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan Joint Programmatic Environmental Impact Report

Addendum to Final Environmental Impact Report 589 (State Clearinghouse No. 2003021141)

The Ranch Plan General Plan Amendment and Zone Change

November 10, 2016 Screen_Shot_2019-12-17_at_10.37.27_AM.png
November 10, 2016  SETTLEMENT AGREEMENT: State Route 241 Foothill South and Tesoro Extensions settlement with Environmental Groups
December 8, 2016 On or around December 8, 2016, the TCA rescinded the certification of the 2006 SEIR, the 2006 Approvals, the approval of the 2013 Addendum, and the 2013 Approvals during a noticed public hearing.  In effect, the TCA Board abandoned and forever barred longstanding SR 241 alignments behind closed doors, without any public hearing, process, or deliberation. The Reserve Maintenance Corporation V. Foothill/Eastern Transportation Corridor Agency page 18
December 14, 2016 The parties to the Settlement Agreement filed a "Stipulation for Entry of Judgment Confirming And Implementing Settlement" in San Diego Superior Court. The Reserve Maintenance Corporation V. Foothill/Eastern Transportation Corridor Agency page 20
January 19, 2017 On January 19, 2017, the San Diego Superior Court entered a stipulated final judgment regarding the 2006 and 2013 Lawsuits pursuant to the terms of the Settlement Agreement. Notably, no judicial determination was made regarding the validity of the Settlement Agreement or the terms included therein. Instead, the final judgment incorporating the Settlement Agreement's terms was solely the product of a stipulation among the parties to which the San Diego Superior Court acquiesced. The Association was neither a party to the Settlement Agreement nor a party to the 2006 and 2013 Lawsuits. Additionally, the Association was not aware of the Settlement Agreement or the specific provisions included therein at the time final judgment was entered by the San Diego Superior Court.  The Reserve Maintenance Corporation V. Foothill/Eastern Transportation Corridor Agency page 20
February 17,  2017

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Trampas Canyon Recycled Water Storage Seasonal Reservoir (Project); Clean Water State Revolving Fund (CWSRF) No. C-06-8060-110 CEQA

SMWD is proposing to reconstruct a recycled water storage reservoir, an earth fill dam, a new pump station; relocate the emergency spillway; and to construct access roads. The SMWD proposes to acquire and reconstruct the Trampas Canyon Dam and Reservoir to increase the available recycled water storage capacity. The Project would involve reconstruction of the existing dam and additional grading activities to allow for 5,000 acre feet of recycled water storage. The proposed reservoir is intended to provide seasonal and operational storage for recycled water to meet demands for nondomestic water in South Orange County within SMWD's service area.

Notice of Determination

Approving Agency
State Water Board
Approving Agency Role
Lead Agency
Approved On
Final Environmental Document Available at
1001 I Street, 16th Floor, Sacramento, CA 95814

Determinations

(1) The project will have a significant impact on the environment
No
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
Yes
(6) Findings were made pursuant to the provisions of CEQA
N/A
March 10, 2017

On or about March 10, 2017, pursuant to § 4.1.1 of the Settlement Agreement, the TCA, the SSOC, Caltrans, and the CNRA entered into a protective agreement (the "Protective Agreement"), a true and correct copy of which is attached hereto as Exhibit D (without original exhibits). TCA's Chief Executive Officer, Mike Kraman, executed the Protective Agreement on behalf of the TCA. CalTrans' District 12 Director, Ryan Chamberlain, executed the Protective Agreement on behalf of CalTrans. The Protective Agreement was executed and purportedly approved by Mr. Kraman and Mr. Chamberlain in private, without any noticed public hearing or opportunity for public comment. The Association is informed and believes and thereon alleges the TCA Board was not notified of the Protective Agreement, or its terms, until after it was executed by Kraman. 

In the Protective Agreement Caltrans agreed "that in exercising its authority under state law, it will not approve, permit, take possession of or otherwise authorize the construction of a major thoroughfare in the Avoidance Area; provided, however, that this prohibition shall not apply to any proposed widening of the existing Interstate 5 facility."(Protective Agreement 1)

The TCA also agreed, as part of the Protective Agreement, that "[c]onsistent with the terms of the Settlement Agreement, TCA agrees not to fund or construct a road in the Avoidance Area." (Protective Agreement 2) The Reserve Maintenance Corporation V. Foothill/Eastern Transportation Corridor Agency page 23 

June 13, 2017

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Trampas Canyon Dam and Reservoir Project CEQA

The project will reconstruct an existing dam and reservoir to provide seasonal and operational storage of 5,00 acre-feet of recycled water to meet demands for nondomestic water in South Orange County within the Applicant's service area. The project will reconstruct and raise the earth fill dam; construct a new pump station; relocate the emergency spillway; and construct access roads.

Clean Water Act Section 401 Water Quality Certification and Waste Discharge Requirements for Discharge of Dredged and/or Fill Materials. Trampas Reservoir Certification Number R9-2017-0004 WDID: 9000003080

Notice of Determination

Approving Agency
RWQCB - San Diego Region
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
http://www.waterboards.ca.gov/rwqcb9/water_issues/programs/401_certification

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
Yes
(6) Findings were made pursuant to the provisions of CEQA
Yes
June 28, 2017

In the summer of 2017 the Capistrano Unified School District was made aware of the fact that all the Parcels of land upon which Tesoro High School was built were contained in Certificate of Compliance CC 2001-01 (the Right-of-Way for the Tesoro Extension of the 241 Toll Road).

June 28, 2017 CUSD BOT Meeting Agenda Item #38 at page 736 Resolution #1617-89 of the Capistrano Unified School District opposing any Toll Road Extension alignment that adversely impacts district school sites and students.

Superintendent Vital read the following statement which was then posted as a press release following the meeting:

Board Audio at 15:58 Superintendent Vital re: Construction of Los Patrones Parkway

"CUSD has asked legal council to examine the Grant Deeds for Tesoro High School and had them plotted by a licensed land surveyor. Based on that plotting, Los Patrones Parkway is not being constructed on District property. It is; as we have maintained, on land adjacent to the District's property. 

It is a County approved project and does not involve any District approvals, easements or agreements.

Los Patrones Parkway in either the form it is being constructed today, or in the original SR-241 Toll Road Alignment were part of, and addressed by the districts CEQA analysis for both Tesoro High School and Esencia K-8 School.

Air quality and noise impacts among others were all part of the environmental consideration under taken not only by the District, but also by the County in approving the EIR's for Rancho Mission Viejo.

Neither the Districts environmental documents for our sites nor Rancho Mission Viejo environmental documentation suggests the presence of toxic soils.

Concerns, relative to dust from grading are legitimate concerns shared by the District—and the District will do its part to report any observed fugitive dust emissions to the Orange County Planning Director, as called for in the Rancho Mission Viejo EIR and addendums for the Roadway.

Before TCA can construct the ultimate Toll Expressway extension to Interstate-5, it will be required to identify, and environmentally review, a new alignment for such a project. The District will continue to monitor and review such proposals, and can address any concerns created by that proposal if and when it is presented."

Board Audio at 46:27 BLUE CARD Dawn Urbanek 

Clarification of Kristen Vital's opening remarks regarding Tesoro High School Property Parcel Nos 79 and 82. A Toll Road is being graded that is 500' feet from Tesoro's Tennis Courts and inside Tesoro's property boundary. 

Board Audio at 52:23 Superintendent Kristen Vital

Kristen Vital asked CUSD attorney Jeff Hoskinson to clarify the concerns expressed about Los Patrones because with so many people in the audience she did not want the Public to have mis-information. "It is really important that we clarify and provide accurate information to our community and our Board that is accurate."

Kristen Vital then restated that in her opening comments she talked about the fact that the road was not being graded onto CUSD property. She stated that mis-information had been reported about wether or not this was CUSD property.

Board Audio at 53:00 Attorney Jeff Hoskinson

The attorney clarifies by stating that Parcel 82 is owned by the District based on the deeds CUSD has. And that new health risk studies should be done.

CUSD made material mis-representations to the public regarding district property and the constructions effect on the health and safety of district staff and students. Supporting Documentation

August 23, 2017 CUSD BOT Meeting Agenda Item #25 page 607 which contained a complaint to the Orange County Grand Jury documenting collusion to build the road illegally despite callous disregard for taxpayer property rights and the health and safety of Tesoro High School Staff and students. Board Audio at 59:01

June 29, 2017

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Sub-Notification of Master Streamed Alteration Agreement No. 1600-2006-0438-0011-R5 for the Gibby Road Bridge Project CEQA

CDFW is intending to execute a Sub-Notification Approval for Master Streambed Agreement 1600-2006-0438-R5 pursuant to Section 1602 of the Fish and Game Code (#1600-2006-0438-0011-R5) to the project applicant, Rancho Mission Viejo, LLC. The Gibby Road Bridge Project will permanently impact 0.45 acre of stream habitat through the construction of bridge abutments and abutment protection revetment. The project will temporarily impact 0.84 acres of stream habitat while demolishing the old crossing and constructing the new crossing. After portions of the existing crossing are demolished, 0.54 acre of the existing crossing footprint within San Juan Creek will be restored with native vegetation.

Notice of Determination

Approving Agency
CDFW
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
3883 Ruffin Road, San Diego, CA 92123

Determinations

(1) The project will have a significant impact on the environment
No
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
No
(6) Findings were made pursuant to the provisions of CEQA
Yes
July 18, 2017

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Addendum to FEIR 584 to FEIR 589, Lapeyre Industrial Sands Pond Project CEQA

Project proposes to construct a small pond as a replacement facility for the LIS quarry. With the reconstruction of the Trampas Canyon Dam and Reservoir for recycled water storage, the pond would be required to avoid operational impacts to the LIS quarry. The pond would have a surface area of approx. 37,890 sq. ft. (0.87 acre). The capacity of the pond would be approx. 17.0 acre-feet of with a maximum water depth of 43 feet. An access road would be constructed to provide access to the pond, which would also be used as a haul route during construction. The access road would be 10 feet wide with a 4-foot vegetated swale downstream of the roadway for pretreatment of access road runoff, leading to an infiltration trench.

Notice of Determination

Approving Agency
Santa Margarita Water District
Approving Agency Role
Lead Agency
Approved On
Final Environmental Document Available at
26111 Antonio Pkwy, Rancho Santa Margarita, CA 92688

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
Yes
(6) Findings were made pursuant to the provisions of CEQA
Yes
August 29, 2017

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Sub-Notification of Master Streambed Alteration Agreement no. 1600-2006-0438-0012-R5 for the Cow Camp Road Bridge over Gobernadora Creek Project CEQA

CDFW is intending to execute a Sub-Notification Approval for Master Streambed Agreement 1600-2006-0438-R5 pursuant to Section 1602 of the Fish and Game Code (#1600-2006-0438-0012-R5) to the project applicant, Rancho Mission Viejo, LLC. The Cow Camp Road Bridge over Gobernadora Creek Project will permanently impact 0.76 acre of stream habitat through the construction of bridge abutments, bridge pilings, and new utilities within Gobernadora Creek. The project will temporarily impact 3.29 acres of stream habitat. Temporary impacts will be recontoured and restored with native vegetation. Compensatory mitigation for permanent impacts will consist of 0.54 acre of stream restoration, a well as phased land dedication described in the Master Stream Alteration Agreement.

Notice of Determination

Approving Agency
CDFW
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
3883 Ruffin Road, San Diego, CA 92123

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
No
(6) Findings were made pursuant to the provisions of CEQA
Yes
November 16, 2017

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Addendum to FEIR 589 (The Ranch Plan) and FEIR 584 (NCCP/MSAA/HCP for Souther Subregion. Implementation of the Trampas Canyon Dam and Reservoir CEQA

Project, which proposes to reconstruct the existing Trampas Canyon Dam and Reservoir from its current use as a retention facility for tailings from the sand mining operation to a reservoir for storage of 5,000 acre feet of recycled water, was approved in Nov. 2015. FEIR 584 and FEIR 589 address the anticipated development in the Project study area; however, an Addendum was prepared because the amount of imported material increased. The addendum analyzed the potential differences between the impacts evaluated in FEIR 584 and FEIR 589 and those that would be associated with the development of the Trampas Canyon Dam and Reservoir Project, as proposed. SMWD determined that none of the triggers that require a new environmental document exist.

Notice of Determination

Approving Agency
Santa Margarita Water District
Approving Agency Role
Lead Agency
Approved On
Final Environmental Document Available at
26111 Antonio Pkwy, Rancho Santa Margarita, CA 92688

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
Yes
(6) Findings were made pursuant to the provisions of CEQA
Yes
January 24, 2018 

CUSD has refused to file any action to Quiet Title on the four parcels of land that Tesoro High School Sits on. Instead, in January 2018 CUSD attempted to cure clouds on title by accepting a Quitclaim Deed for one of its four Parcels (Parcel 125-096-82). 

January 24, 2018 Capistrano Unified School District Board of Trustees Meeting Agenda Item #39 RESOLUTION NO. 1718-31, RESOLUTION OF THE BOARD OF TRUSTEES OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT AUTHORIZING THE ACCEPTANCE AND RECORDATION OF A QUITCLAIM DEED RELATIVE TO ORANGE COUNTY ASSESSOR PARCEL NO. 125-096-82 

Board Meeting Agenda at page 890

Board Audio at 4:00:29 

The Quitclaim Deed contains material errors and does not Quiet Title for all four parcels of Capistrano Unified School District Property.

 
April 13, 2018

San Diego Regional Water Quality Control Board

Staff Enforcement Letter (SEL) Related to Violations of General Waste Discharge Requirements for Groundwater Extraction Discharges to Surface Waters Within the San Diego Region, Order R9-2015-0013, NPDES No. CAG919003 (General Order) Planning Area 2 and Cow Camp Road Los Patrones Parkway, Rancho Mission Viejo Co., Antonio Parkway and Ortega Highway (Project)

April 25, 2018

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Construction and Management of Oso Parkway Bridge Project CEQA

Award of the contract for Construction Services with Ortiz Enterprises, Inc. and approval of the Contract for Construction Management and Inspection Services with Jacobs Project Management Co. for the Oso Parkway Bridge Project, which will help close a gap in the mainline roadway system, thus providing an efficient transportation connection that will mitigate forecasted deficiencies and improve mobility in South Orange County.

Notice of Determination

Approving Agency
County of Orange
Approving Agency Role
Lead Agency
Approved On
Final Environmental Document Available at
300 N. Flower St., First Floor, Santa Ana, CA 92702-4048

Determinations

(1) The project will have a significant impact on the environment
No
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
Yes
(6) Findings were made pursuant to the provisions of CEQA
Yes
July 25, 2018

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Planning Areas 3 and 4, Cow Camp Road Bridge over San Juan Creek, and Grandez Drive Bidge CEQA

Notice of Determination

Approving Agency
RWQCB
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
http://www.waterboards.ca.gov/rwqcb9/water_issues/programs/401_certification

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
Yes
(6) Findings were made pursuant to the provisions of CEQA
Yes
November 26, 2018

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Sub-Notification of Master Streambed Alteration Agreement NO. 1600-2006-0438-0013-R5 for the Planning Areas 3 and 4, Cow Camp Road Bridge over San Juan Creek.  CEQA

CDFW is intending to execute a Sub-Notification Approval for Master Streambed Alteration Agreement NO. 1600-2006-0438-0013-R5 pursuant to Section 1602 of the Fish and Game Code #1600-2006-0438-0013-R5 to the project applicant . Rancho Mission Viejo, LLC. The Planning Areas 3 and 4, Cow Camp Road Bridge over San Juan Creek and Grandeza Bridge over Gobernadora Creek Project will permanently impact 39.77 acres of stream habitat, and temporarily impact 2.42 acres of steam habitat. Temporary impacts will be re-contoured and restored withy native vegetation. Compensatory mitigation for permanent impacts will consists of arundo removal, phased land dedication as described in the Master Streamed Alteration Agreement, as well as 20.40 acres of stream restoration.

Notice of Determination

Approving Agency
CDFW
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
3883 Ruffin Road, SD, CA 92123

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
No
(6) Findings were made pursuant to the provisions of CEQA
Yes
June 17, 2019

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Gobernadora Scour Protection and Habitat Restoration Project CEQA

Clean Water Act Section 401 Water Quality Certification and Waste Discharge Requirements for Discharge of Dredged and/or Fill Materials Certification Number R9-2019-0128

The Project consists of the following: 1) scour protection in order to stabilize this segment of the tributary and prevent head cutting that would undermine the Santa Margarita Water District (SMWD) South County 60 inch-pipeline located in an adjacent ranch road , the ranch road itself, and other RMV utilities also located in the road;

Notice of Determination

Approving Agency
RWQCB - San Diego Region
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
Enter the CEQA Doc website and http://www.waterboards.ca.gov/rwqcb9/water_issues/programs/401_certification

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
Yes
(5) A Statement of Overriding Considerations was adopted for this project
Yes
(6) Findings were made pursuant to the provisions of CEQA
Yes
September 19, 2019

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Amendments and Revisions to the Master Area and Subarea Plans for Planning Areas 3 and 4 (PA 180030) CEQA 

Notice of Determination

Project Description: The Ranch Plan project includes: (1) a privately initiated Zone Change from A-1 General Agrlculture and SG - Sand and Gravel Extraction to PC-Planned Community zoning district for the entire project site to allow up to 14,000 dwelling units, as well as retail, office, and recreational uses, within a development area of approximately 7,683 acres (the remaining 15,132 acres would be retained in open space); (2) amendments to the Land Use, Transportation, Resources and Recreation Elements of the County of Orange General Plan; (3) a Development Agreement (4) approval or the South County Roadway Improvement Program (SCRIP); and, (5) certification of Draft Final Program EIR 589 prepared for the project in compliance with CEQA and the CEQA Guidelines.

Notice of Determination

Approving Agency
County of Orange
Approving Agency Role
Lead Agency
Approved On
Final Environmental Document Available at
OC Public Works, 300 N. Flower St., Santa Ana, CA 92702-4048

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
Yes
(5) A Statement of Overriding Considerations was adopted for this project
Yes
(6) Findings were made pursuant to the provisions of CEQA
Yes
December 23, 2019

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Addendum to FEIR 589 (The Ranch Plan) and FEIR 584 (NCCP/MSAA/HCP for Southern Subregion. Implementation of a 3011 Recycled Water Pipeline CEQA

Notice of Determination

Project Description: The Southern Subregion NCCP/MSAA/HCP establishes a Conservation Strategy to be implemented by the County of Orange in cooperation with state and federal agencies and Participating Landowners in southern Orange County. The Conservation Strategy focuses on long-tern protection and management of multiple natural communities that provide habitat essential to the survival of a broad array of wildlife and plant species. The Conservation Strategy, including state and federal regulatory authorizations and provisions for proposed Covered Activities, represents the comprehensive project. In summary, the Conservation Strategy consists of the following elements: creation of a permanent Habitat Reserve; formulation and implementation of a Habitat Reserve Management Program (HRMP); state and federal regulatory coverage and provisions for the impacts of proposed Covered Activities on proposed Covered Species and California Department of Fish and Game Jurisdictional Areas; and execution of an Implementation Agreement and identification of funding necessary to implement the HRMP. The Covered activities consist of those lawful activities undertaken by the Participating Landowners (i.e., County of Orange, Rancho Mission Viejo and Santa Margarita Water District pursuant to the NCCP/MSAA/HCP.

Notice of Determination

Approving Agency
Santa Margarita Water District
Approving Agency Role
Lead Agency
Approved On
Final Environmental Document Available at
Santa Margarita Water District; 26111 Antonio Pkwy, Rancho Santa Margarita, CA 92688

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
Yes
(5) A Statement of Overriding Considerations was adopted for this project
Yes
(6) Findings were made pursuant to the provisions of CEQA
Yes
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PUBLIC SCOPING COMMENT PART 6 TIMELINE

 

| PART 1 | PART 2 | PART 3 | PART 3 CONTINUED | PART 4 | PART 5 | PART 6

 

Continued from TIMELINE 1995 T0 2006

TIMELINE 2006 TO 2014
February 23, 2006 On February 23, 2006, TCA certified a Final Subsequent Environmental Impact Report (FSEIR) for the SOCTIIP project and filed a Notice of Determination.
June 29, 2006

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

South Subregion Natural Community Conservation Planning (NCCP) Program (EIR 584) CEQA

The NCCP/HCP will focus on the formulation of a long-term conservation land management strategy fo coastal sage scrub (CSS) and other major habitat types indentified for inclusion and manangement within the strudy area. The NCCP/HCP will identify specific actions necessary to protect habitat fo the coastal California gnatcatcher and other identifed species. The NCCP/HCP also would provide the basis for authorizing future incidental taking pursuant to the California Endangered Species Act.

July 2006 Draft Southern NCCP/MSAA/HCP The Southern Natural Community Conservation Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan
July 14, 2006

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

South Subregion Natural Community Conservation Plan / Master Streambed Alteration Agreement / Habitat Conservation Plan CEQA

The proposed project includes: (1) the Conservation Strategy detailed in the Natural Community Conservation Plan, the Master Streambed Alteration Agreement, and the Habitat Conservation Plan; including establishment of a Habitat Reserve, a Habitat Reserve Management and Monitoring Program and funding for same; and (2) State and Federal regulatory authorizations and provisions for the Covered Activities identified for the County of Orange, Rancho Mission Viejo, Santa Margarita Water District.

Notice of Completion

Review Period Start
Review Period End
Local Action
Other Action Other Action: Natural Community
Project Issues
Aesthetic/Visual Agricultural Land Air Quality Archaeologic-Historic Drainage/Absorption Economics/Jobs Flood Plain/Flooding Geologic/Seismic Minerals Noise Population/Housing Balance Recreation/Parks Soil Erosion/Compaction/Grading Traffic/Circulation Vegetation Water Quality Water Supply Wetland/Riparian Wildlife Growth Inducing Land Use Cumulative Effects
Reviewing Agencies
California Department of Fish and Wildlife, South Coast Region 5 California Department of Parks and Recreation California Highway Patrol California Native American Heritage Commission California Public Utilities Commission California Regional Water Quality Control Board, San Diego Region 9 Caltrans, Division of Aeronautics Central Valley Flood Protection Board Department of Water Resources Resources Agency State Water Resources Control Board, Division of Water Rights California Department of Conservation California Department of Transportation, District 12
July 21, 2006

The draft environmental documents on the HCP were released for public review and comment on July 21, 2006. Draft NCCP/MSAA/HCP July 2006

Draft NCCP/MSAA/HCP July 2006 at page 1-13 states:

1.2.3 Participating Landowners

Landowners within the Subregion, including both private and public agency owners, would be affected by the NCCP/MSAA/HCP. In recognition of the potential impact of the NCCP/MSAA/HCP process on their properties, the following Participating Landowners contributed funding and services to support completion of the NCCP/MSAA/HCP, Joint EIR/EIS, and IA:

      • the Santa Margarita Water District (SMWD)
      • Rancho Mission Viejo (RMV); and
      • the County of Orange.

The largest undeveloped private ownership in the Southern Subregion is the RMV property. The undeveloped and non-entitled portion of RMV includes about 22,815 acres, more than 75 percent of the remaining undeveloped private land in the Subregion (Figure 7-M).

With respect to the Transportation Corridor Agencies (TCA), the NCCP/MSAA/HCP EIR/EIS will analyze identified South Orange County Transportation Improvement Implementation Plan (SOCTIIP) alignment alternatives to identify impacts to both Habitat Reserve design alternatives and management of habitat supporting selected “planning species” (see Chapter 4) and Covered Species reviewed in Chapter 13 and the Part II Joint EIR/EIS. Any authorization of Take of listed species will be addressed through the Section 7 consultation for SOCTIIP rather than through the NCCP/MSAA/HCP. Future TCA regulatory coverage for unlisted species is not provided by this NCCP/MSAA/HCP but would occur to the extent that:

      1. any final selected and approved alignment for the selected SOCTIIP alternative is determined to be consistent with the Southern NCCP/MSAA/HCP Conservation Strategy, including creation and implementation of the Habitat Reserve and HRMP;
      2. the TCA provides for mitigation measures required by the Wildlife Agencies for unlisted species coverage; and
      3. any required amendments to the NCCP/MSAA/HCP and/or IA are processed and approved.
September 13, 2006

TCA application No. 06C-064 for a Clean Water Act section 401 Water Quality Certification (Water Quality Certification) was deemed complete.

October 2006 Board of Supervisors approved NCCP and certified Environmental Impact Report
December 2006  Volume IV (2006): Responses to Comments San Juan Creek and Western San Mateo Creek Watershed Special Area Management Plan (SAMP) Volume III: Response to Comments  
January 3, 2007

United States Department of the Interior, Fish and Wildlife Service 

MOU FWS-OR-812.8 re: Bilogical Opinion 1-6-07-F-812.8 Issuance of an Endangered Species Act Section 10(a)(1)(B) Permit (TEE144113-0, TE144140-0, and TE144105-0) for the Southern Orange Natural Community Conservation Plan/Master Steambed Alteraton Agreement/Habitat Conservation Plan, Orange County, California

The basis for regulatory coverage for the Permittees’ Covered Activities is set forth and reviewed in the draft and final EIR/EIS. The Covered Activities are provided for through the implementation of the County of Orange Southern Subregion Conservation Strategy, including the preferred alternative Habitat Reserve design, Alternative B-12. The Conservation Strategy selected to implement the HCP and provide the basis for incidental take authorization for Covered Activities consists largely of the following four elements:

1. Creation of a Permanent Habitat Reserve:

It may take as long as 15-20 years or more to assemble all of the lands designated for inclusion in the permanent Habitat Reserve assuming development of all planning areas. Within approximately the first 12 months following execution of the IA, approximately 16,282 ac (6,589 ha) will be available as part of the permanent Habitat Reserve. These lands will consist of the three existing County regional and wilderness parks, totaling about 11,950 ac (4,836 ha) and the previously set aside RMV easements and conservancies (e.g., Ladera Open Space, Upper Chiquita Canyon Conservancy, Donna O’Neill Land Conservancy) and CDFG open space in Arroyo Trabuco that total about 4,332 ac (1,753 ha). The remaining lands designated for inclusion in the approved Habitat Reserve will be dedicated in phases over time as development proceeds

We have defined the action area as the Southern Subregion (131,634 ac (53,270 ha)), excluding the Cleveland National Forest (40,001 ac (16,188 ha)) and other areas in the Subregion that are identified as Not a Part (5,557 acres (2,249 ha)). The Other/Not a Part areas include the cities of Lake Forest and Dana Point, portions of San Juan Capistrano, an “Existing Use” Girl Scout Camp, Ladera Ranch, Las Flores, Tesoro High School, the Foothill Transportation CorridorNorth, the Nichols Institute bounded by Caspers Wilderness Park, the sewage treatment facility in Chiquita Canyon and other areas that are in the Southern Subregion but are Not a Part of the Plan. After excluding the Cleveland National Forest and Not a Part areas, the action area contains 86,076 ac (34,834 ha) (Table 4). The action area is subdivided into 4 geographic Subareas: Subarea 1 (44,633 ac (18,062 ha)), Subarea 2 (3,872 ac (1,567 ha)), Subarea 3 (4,026 ac (1,629 ha)), and Subarea 4 (33,545 ac (13,575 ha)).

2. Development of a Habitat Reserve Management Program (HRMP)

The HRMP is designed to provide for permanent management and monitoring of biological resources and hydrogeomorphic processes that provide habitat for the 32 proposed Covered Species and to maintain net habitat value over the long term within the subregion.

The five individual components of the HRMP administrative structure are: (1) the County NCCP/MSAA/HCP Administrative Coordinator (“Administrator”); (2) the Rancho Mission Viejo Land Conservancy; (3) the RMV Reserve Manager (“Reserve Manager”); (4) the Independent Reserve Land Easement Holder; and, (5) the Science Panel.

3. Regulatory Coverage for Covered Activities and Designated Covered Species and CDFG Jurisdictional Areas

The HCP involves three Participating Landowners: the County, RMV and SMWD. The MOU specifies the covered activities for each landowner.

4. Implementation Agreement (IA) and Funding Provision:

U.S. FIsh and Wildlife Service Biological Opinion 1-06-07-F-812.8 page 8

ISSUANCE OF AN ENDANGERED SPECIES ACT SECTION 10(A)(1)(B) PERMIT (TEE144113-0, TE144140-0, AND TE144105-0) FOR THE SOUTHERN ORANGE NATURAL COMMUNITY CONSERVATION PLAN/MASTER STEAMBED ALTERATON AGREEMENT/ HABITAT CONSERVATION PLAN
January 10, 2007

United States Department of the Interior, Fish and Wildlife Service

Biological Opinion 

Document: FSW-OR-812.8

U.S. Fish and Wildlife Service Biological Opinion 1-6-07-F-812.8 Issuance of an Endangered Species Act Section 10(a)(1)(B) Permit (TEE144113-0, TE144140-0, and TE144105-0) for the Southern Orange Natural Community Conservation Plan/Master Steambed Alteraton Agreement/Habitat Conservation Plan, Orange County, California

Permit 75 years

Applicants: The County of Orange, Rancho Mission Viejo, and the Santa Margarita Water District

A Habbit Conservation Plan (HCP) must accompany an application for an Incidental Take Permit: The HCP is a "subregional" plan under the State of Califoria's Natural Conservation Planning ("NCCP") Act of 2001. 

Conclusion of Biological Opinion:

Screen_Shot_2019-12-17_at_7.23.17_AM.png

Since withdrawal of RMV from the HCP will result in the termination of SMWD’s permit, incidental take of the 32 Covered Species is not authorized for SMWD independent of participation by RMV in the HCP. In addition, if RMV withdraws from the HCP or invokes the severability clause in the Implementation Agreement, the take levels are authorized to the County of Orange only for arroyo toad, coastal California gnatcatcher, least Bells’ vireo, yellow warbler, yellow-breasted chat, and northern red-diamond rattlesnake. Lastly, each Permittee is not authorized to impact more of each habitat type than is shown in Table 6, and in accordance with the overall acreage impacts shown in Table 5.

Screen_Shot_2019-12-17_at_7.25.03_AM.png

February 12, 2007

February 12, 2007 letter from U.S. EPA Region IX Re: Final Environmental Impact Statement (FEIS) for the San Juan Creek and Western San Mateo Creek Watershed Special Area Management Plan (SAMP) (CEQ # 60543)

"EPA has concerns regarding how the alternatives analysis was conducted and the long-term IP for RMV. Specifically, EPA is concerned that the EIS does not sufficiently substantiate the selection of Alternative B-12 as the least environmentally damaging practicable alternative (LEDPA) and that more stringent requirements should be placed on the IP for RMV to ensure protection of the Aquatic Resource Conservation Areas and to support low impact development." 

Attached in our detailed comments are specific recommendations for improvements to the SAMP and the IP that can be incorporated into the Record of Decision (ROD) for this project. In brief, the ROD should: 1) support the selection of B12 as the LEDPA based on objective economic criteria, 2) include protocols to ensure that the Rancho Mission Viejo Land Conservancy is established as soon as possible, and 3) incorporate low-impact development mitigation measures within the IP to lessen impacts to Waters of the U.S."

February 6, 2008

On February 6, 2008, the San Diego Water Board Executive Officer DENIED Water Quality Certification Application No. 06C-064 without prejudice and expressed concerns that the project, as proposed, would not meet water quality standards. Water quality standards include the water quality objectives and beneficial uses contained in the Water Quality Control Plan for the San Diego Basin (9) (Basin Plan) and the State Water Resources Control Board (State Water Board) Resolution 68- 16, Statement of Policy with Respect to Maintaining High Quality of Waters in California (Antidegradation Policy). The project application did not address outstanding concerns expressed by the San Diego Water Board regarding the proposed habitat mitigation plan, anti-degradation, the runoff management plan, and water quality monitoring.  California Regional Water Quality Control Board Resolution No. R9-2015-0022  page 1

February 6, 2008

On February 6, 2008, the SOCTIIP toll road extension was DENIED by the California Coastal Commission (Coastal Commission) due to its recreational impacts to San Onofre State Park and San Mateo Creek, water quality effects, wetland impacts, and impacts to other environmental resources. The Coastal Commission staff report states,

"The project is fundamentally inconsistent with the spirit and letter of numerous resource protection policies of the Coastal Act.

" [The project would not] be compatible with the continuance of the ESHA [environmentally sensitive habitat area]. The ESHA includes habitat for the Pacific pocket mouse, tidewater goby, arroyo toad, coastal California gnatcatcher, least Bell's vireo, and southern California coast steelhead."

" [T]he toll road's impacts would be permanent, irreversible, and , for the most part, unmitigable. No other alternative alignment poses the threat of unmitigable and irrevocable impacts of such magnitude."

California Regional Water Quality Control Board Resolution No. R9-2015-0022  page 2 and State of Califoria State Water Resources Control Board Order WQ 2014-0154 page 3

September 29, 2008

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Master Streambed Alteration Agreement for the Ranch Plan, Ranch Mission Viejo CEQA

The California Department of Fish and Game (CDFG) is issuing a Master Streambed Alteration Agreement (MSAA) to the project applicant, Rancho Mission Viejo Community Development. The MSAA covers activities with the potential for significant impacts to habitat subject to CDFG jurisdiction under Fish and Game Coe 1602 in the San Juan Creek and western San Mateo Creek watersheds, including: 1) The San Juan Creek system and thirty-seven unnamed tributaries, the Verdugo Creek system and nine unnamed tributaries, the Gobernadora Creek system and six unnamed tributaries, the Trampas Creek System and two unnamed tributaries; and 2) the San Mateo Creek system, the Cristianitos Creek system and seventeen unnamed tributaries, the Gabino Creek system and thirty unnamed tributaries, the Blind Creek system and eighteen unnamed tributaries. The MSAA "Covered Activities" include: a) Development in Planning Areas ("PA") 2,3,4,5, and PA 10, b) Orchards, c) Roads, d) Bikeways and Trails, e) Sewer and water facilities, f) Drainage, Flood Control, and Water Quality Facilities, g) Maintenance of existing RMV Planning Area Facilities, h) Habitat Restoration, i) Geotechnical Investigations within Planning Areas, j) Relocation of RMV Headquarters. (SAA #1600-2006-0438-R5).

The SR 241 Toll Road is not a COVERED ACTIVITY under the MSAA.

Notice of Determination

Approving Agency
DFG
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
County of Orange 300 N. Flower, Room 321 Santa Ana, CA 92702

Determinations

(1) The project will have a significant impact on the environment
No
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
No
(6) Findings were made pursuant to the provisions of CEQA
No
February 19, 2009

After these rejections, By letter dated February 9, 2009, the TCA formally withdrew Application No. 06C-064.

The withdrawl was confirmed on February 19, 2009. 

California Regional Water Quality Control Board Resolution No. R9-2015-0022  page 2 

The TCA then authorized its staff to pursue a shorter extension of State Route 241. This shorter extension, the Tesoro Extension, would extend State Route 241 from its existing southern terminus at Oso Parkway approximately 5.5 miles south to Cow Camp Road. Cow Camp Road is immediately north of San Juan Creek in Orange County, so the Tesoro Extension would avoid the Coastal Zone and all waters subject to federal jurisdiction, thereby obviating the need for a consistency determination from the California Coastal Commission or a Clean Water Act section 404 permit from the Army Corps of EngineersState of Califoria State Water Resources Control Board Order WQ 2014-0154 page 2

NEW PLAN: Building the Tesoro Extension of SR-241 in segments to avoid environmental review 
December 11, 2011 (SOCTIIP) was required to comply with: Model Water Quality Management Plan (Model WQMP) for South Orange County
December 16, 2011

(SOCTIIP) was required to comply with: South Orange County Hydromodification Management Plan

Per the large river exemption defined in the South Orange County HMP, the San Juan Creek and San Mateo Creek Outfall to the Pacific Ocean is drainage exempt from the hydromodification control requirements. South Orange County Hydromodification Management Plan page 4-13

August 10, 2012 On August 10, 2012, TCA filed a report of waste discharge for the Tesoro Extension Project (Tesoro Extension) with the San Diego Water Board . This initial segment of the SOCTIIP toll road extension would extend SR 241 from its existing southern terminus at Oso Parkway approximately 5.5 miles south to Cow Camp Road in the vicinity of Ortega Highway (SR 74) in Orange County. In TCA's report of waste discharge, SR 241 would now terminate at Cow Camp Road immediately north of San Juan Creek in Orange County. The Tesoro Extension would avoid the Coastal Zone and all waters subject to federal jurisdiction, thereby obviating the need for a consistency determination from the Coastal Commission, a Clean Water Act section 404 permit from the Army Corps of Engineers, and Water Quality Certification from the San Diego Water Board. State of Califoria State Water Resources Control Board Order WQ 2014-0154 page 3
December 3, 2012 Addendum to Final EIR 584 and Final EIR 589 for the Canada Gobernadora Multipurpose Basin Project, Canada Gobernadora Multipurpose Basin Project
January 17, 2013 On January 17, 2013, the San Diego Water Board released Tentative Order No. R9- 20 13-0007, Waste Discharge Requirements for Foothill/Eastern Transportation Corridor Agency Tesoro Extension (SR 241) Project Orange County (Tentative Order) for public review and comment. The comment period was open from January 17, 2013 to February 25, 2013. California Regional Water Quality Control Board Resolution No. R9-2015-0022 page 3 and State of Califoria State Water Resources Control Board Order WQ 2014-0154 dated September 23, 2014 page 3
February 13, 2013

Addendum to the South Orange County Transportation Infrastructure Improvement Project (SOCTIIP) Final Subsequent Environmental Impact Report SCH # 2001061046 TESORO EXTENSION PROJECT

Lead Agency: Foothill/Eastern Transportation Corridor Agency

The Preferred Alternative is a refined alignment based on the A7C-FEC-M Initial corridor alternative. The A7C-FEC-M-Initial Alternative alignment evaluated in the Draft EIS was refined in order to minimize environmental impacts and address engineering requirements. The refined A7C-FEC-M Alternative was approved as the Preferred Alternative by F/ETCA Board at the time the Final SEIR was certified in February 2006. More specifically, the refinements included the following elements to further reduce environmental impacts:

  • Reduction in footprint – the cross-section was reduced
  • Consistency with RMV Ranch Plan to maximize open space 
  • Consistency with Southern Orange County Natural Community Conservation Plan (NCCP)
  • Minimize impacts on wetlands and other natural resources
  • Minimize utility relocation impacts • Inclusion of additional wildlife crossings
  • Minimization of access road impacts
  • Minimization of impacts of extended detention basins to cultural resources

The Tesoro Extension Project alignment is substantially the same as alignments previously evaluated between Oso Parkway and Ortega Highway. Refinements to the Project as well as previous refinements to the SOCTIIP Preferred Alternative and the SOCTIIP A7C-FEC-M which resulted in the SOCTIIP Preferred Alternative, have all been incremental refinements with minor adjustments made to reduce or avoid impacts or to respond to landowner requests. For example, the Preferred Alignment in the Final SEIR incorporated some minor revisions compared to the SOCTIIP A7C-FEC-M alignment. Between Planning Area 2N and Planning Area 2S the alignment was shifted slightly to the northeast for reasons as described on pages 2-3 and 2-4 of the Final SEIR. The only other notable difference between these alternatives was the elimination of two full diamond interchanges: one at K-Street and another further south at G-Street. The Preferred Alignment in the FEIR has only one interchange at Cow Camp Road near the southern boundary of PA-2. 

The Preferred Alternative design between Oso Parkway and Cow Camp Road was evaluated to determine if any further refinements were appropriate for the Project based on current conditions and input from the landowner and developer of the Ranch Plan. The difference between the Tesoro Extension and the Preferred Alignment in the Final SEIR relates to the conversion of the folded diamond interchange at Cow Camp Road to a simpler T-intersection configuration. The Tesoro Extension also shifted the alignment in PA-2 to the west to help minimize impacts to surface waters. In addition, near the northern end of PA-2, a slight shift of the alignment to the east was done to avoid an existing reservoir used for ranch operations.

The reduction in the total disturbance area limits for the Preferred Alternative was approximately 9 ha (23 ac) compared with the A7C-FEC-M-Initial Alternative, and 15 ha (37 ac) compared with the A7CFECM-Ultimate Alternative. The ultimate buildout assumption for the Preferred Alternative was a maximum of six lanes. Figure 3, SOCTIIP and Tesoro Comparison, shows the Preferred Alternative and the A7C-FEC-M Alternative for comparison.

The F/ETCA was the lead agency for the SEIR, which was subject to CEQA requirements and an approval process separate from the finalization of the EIS. The TCA Board of Directors acted in February 2006 to approve the Preferred Alternative and certify the Final SEIR.

In February 2008, the F/ETCA appeared before the California Coastal Commission (CCC) requesting a Consistency Determination for SOCTIIP, as required through our 404 Permit with the USACOE, but was denied. The CCC denied the F/ETCA request citing other alternatives were reasonable and available to the agency. The F/ETCA appealed this decision to the U.S. Secretary of Commerce, which upheld the CCC’s previous decision. However, the ruling issued in December 2008 states:

"Based on the foregoing, the record establishes that the Project is not consistent with the objectives of the [Coastal Zone Management Act] because a reasonable alternative is available – namely, the [Central Corridor-Avenida La Pata Variation – CC-ALPV] alternative. The [CCC] stated that the CC-ALPV alternative can be implemented in a manner consistent with California’s Program, and has described the alternative with sufficient specificity. The CC-ALPV alternative is available because it satisfies the Project’s primary or essential purpose and presents no financial, legal, or technical barrier to implementation. The CC-ALPV alternative is reasonable because it costs less than [SOCTIIP] and presents a net advantage to coastal uses and resources."

"This decision in no way prevents TCA from adopting other alternatives determined by the [CCC] to be consistent with California’s Program. In addition, the parties are free to agree to other alternatives, including alternatives not yet identified, or modifications to the Project that are acceptable to the parties."

Subsequent to the February 2008 CCC decision, the F/ETCA received its Streambed Alteration Agreement for SOCTIIP from the California Department of Fish and Wildlife (CDFW), as well as a no jeopardy finding in the biological opinion issued by the USFWS as a result of the Section 7 consultation under the Federal Endangered Species Act.

In early 2009, the F/ETCA launched an outreach program and met with nearly 300 stakeholders over a two year period. The stakeholders included meetings with supporters and opponents of the Project, as well as local and government agencies with the goal of obtaining feedback on the need for the Project. The outreach process concluded that traffic was a major concern for those in South Orange County, especially with the approved development of The Ranch Plan moving forward and the severity of existing congestion on Interstate 5 and local arterials.

In October 2011, the F/ETCA Board of Directors authorized staff to proceed with completing updated environmental studies, engineering plans and develop a financing strategy for the Project. Additionally, in August 2012, the F/ETCA Board of Directors authorized staff to execute and obtain all necessary environmental permits and approvals for the Tesoro Extension Project.

The Tesoro Extension Project does not preclude a connection to any of the 19 toll road alternatives evaluated in the SOCTIIP Technical Reports, as illustrated by the various connections shown on Figure 4, Future Alignment Alternatives. These connections are preliminary layouts and have not been advanced to a concept level of engineering design; however, there is no indication that any of the connections cannot be successfully engineered and all can be constructed with standard cut and fill grading.

TCA was building the Tesoro Extension in segments to avoid NEPA.

Proposed Project As noted above, the Tesoro Extension Project is proposed to extend the existing SR 241 from Oso Parkway to Cow Camp Road. The alignment is proposed between Cañada Chiquita to the west and Cañada Gobernadora to the east, both of which are tributary to San Juan Creek to the south of the Project site; refer to Figure 2. The Project generally follows the same alignment as SOCTIIP Preferred Alternative/A7C-FEC-M up to Cow Camp Road, with minor alterations in the design to avoid impacts to existing uses and/or surface waters; refer to Figure 3. 

The Project, when added to the existing SR 241 facility, would provide for regional transportation circulation. F/ETCA and RMV have been coordinating on the Tesoro Extension Project as it relates to RMV’s approved development. As noted on Figure 3, these minor design alterations include a potential maximum shift of 500 feet for a distance of approximately 2,500 linear feet to the east to avoid impacts to an existing irrigation reservoir currently utilized by RMV for ranching activities. In addition, a slight shift of approximately 800 feet to the west for a distance of approximately 4,500 linear feet near the southerly terminus of the Project would occur in order to avoid impacts to an earthen streambed. These design alterations result in Project avoidance of discharge of dredged or fill material to all Waters of the U.S., including wetlands. The first segment avoids all NEPA Review and California Coastal Commission review.

The Project is located within the RMV, where the approved RMV Ranch Plan proposes up to 14,000 dwelling units, as well as retail, office, and recreational uses, within a development area of approximately 7,694 acres. Figure 5, Proposed Project illustrates the limits of the proposed Project and RMV Planning Areas. The remaining 15,121 acres would be retained as open space with infrastructure and other uses as provided for in the following documents: 

  1. The Southern NCCP/MSAA/HCP Joint Programmatic EIR/EIS on the HCP: The Southern Subregion NCCP/Master Streambed Alteration Agreement (MSAA)/HCP was approved by the USFWS on January 11, 2006. It established a 32,818-acre permanent wildlife habitat reserve that includes 16,536 acres of the RMV. The HCP is intended to protect numerous sensitive animal species and vegetation communities, while allowing for buildout of the Ranch Plan on other portions of the RMV
  2. San Juan Creek and Western San Mateo Creek Watershed SAMP and EIS on the SAMP (the USACOE was the lead agency under NEPA for the EIS). The San Juan Creek and Western San Mateo Creek Watershed SAMP is a watershed-level planning document that provides for reasonable economic development (e.g., buildout of the RMV) within the watershed, while also protecting and managing sensitive aquatic biological and hydrological resources. The SAMP established permitting procedures, aquatic resources preservation, aquatic resources restoration, and aquatic resources management

Full build-out is proposed to occur over a period of approximately 20 to 25 years. Planning Area (PA) 1, near the Antonio Parkway/Ortega Highway intersection, just west/southwest of the Project site, is currently under construction. As shown on Figures 2 and 3, the Project would traverse PAs 2 North (N) and 2 South (S), residential areas of this County-approved development. The EIR prepared for the RMV Ranch Plan was certified by the County in 2004. Area plans are being developed and reviewed for PA 2S. Related plans such as design studies and applications for applicable permits are being processed.

The Ranch Plan approvals require a certain level of transportation infrastructure to support the development. The Ranch Plan evaluated and incorporated both the Tesoro Extension Project (as part of the SR 241 extension) and, in the alternative, a local arterial (F Street). F Street would follow a similar alignment as the Tesoro Extension Project; however, it would not provide for regional connectivity and free flow of traffic. In addition, F Street is not required for RMV development until somewhere between the 7,501st and 10,000th Equivalent Dwelling Unit. Therefore, construction of F Street as Ranch Plan infrastructure is not projected to occur until several years in the future. Although F Street is not presently planned for implementation by RMV, and would not provide the same regional benefits as the Tesoro Extension, the footprint of F Street has been analyzed in several environmental documents, which provides additional background to the physical effects of a road in that location. These effects have been previously identified and evaluated in the Ranch Plan EIR, the Southern Subregion HCP EIR/EIS, and the SAMP EIS, in addition to the SOCTIIP Final SEIR.

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February 15, 2013 

On February 15, 2013, the Petitioner’s staff finalized a CEQA addendum to the 2006 FSEIR for the Tesoro Extension (Addendum) and submitted it to San Diego Water Board. The Addendum stated that the Petitioner proposed to construct the Tesoro Extension, and identified the Tesoro Extension as the project for the purposes of CEQA analysis. The Addendum concluded that, since the Tesoro Extension generally followed the same alignment as the first 5.5 miles of the sixteen mile extension preferred alternative that had been analyzed in the 2006 FSEIR, the Tesoro Extension would not result in any significant environmental effects that were not already discussed in the 2006 FSEIR. The Addendum also concluded that there was no need to prepare a Subsequent or Supplemental EIR, and that the 2006 FSEIR, coupled with the Addendum, satisfied the Petitioner’s CEQA obligations for the Tesoro Extension. 

Due to the last-minute submission of the Addendum by the TCA and the extensive written comments that related to the San Diego Water Board’s CEQA obligations if it were to approve the Tentative Order, the San Diego Water Board decided that its staff needed additional time to evaluate and respond to CEQA-related issues. The San Diego Water Board stated that it would proceed with the scheduled March 13, 2013 public hearing, but that it would not take any final action on the Tentative Order on that date. State of Califoria State Water Resources Control Board Order WQ 2014-0154 page 4

March 13, 2013

On March 13, 2013, the San Diego Water Board opened a public hearing to consider adoption of the Tentative Order No. R9-2013-0007, Waste Discharge Requirements for Foothill/Eastern Transportation Corridor Agency Tesoro Extension (SR 241) Project Orange County (Tentative Order). The San Diego Water Board received testimony and accepted written comments but did not take final action on the Tentative Order. 

At the March 13, 2013, public hearing, the San Diego Water Board directed TCA, the Save San Onofre Coalition (Coalition), and any interested persons to submit written responses to five supplemental California Environmental Quality Act (CEQA) questions. The comment period was open from March 15, 2013 to March 29, 2013.  

TCA and the Coalition responded to the supplemental questions. TCA stated that the Tesoro Extension is a modification of SOCTIIP, and it prepared an Addendum to the SOCTIIP FSEIR to document changes to the toll road extension.

California Regional Water Quality Control Board Resolution No. R9-2015-0022 page 3 and State of Califoria State Water Resources Control Board Order WQ 2014-0154 page 4

March 15, 2013 On March 15, 2013, counsel to the San Diego Water Board circulated a memorandum with CEQA-related questions to the Petitioner, the Coalition, and the public.15 The memorandum inquired as to how the Petitioner defined the project for which WDRs were being requested, and whether it was the same as the Petitioner’s CEQA definition of the project. Additionally, the memorandum asked about the CEQA consequences of the Addendum, given the lack of the Petitioner’s approval of the Tesoro Extension or filing of a CEQA Notice of Determination.  State of Califoria State Water Resources Control Board Order WQ 2014-0154 page 5
March 29, 2013 On March 29, 2013, the Petitioner and the Coalition submitted responses to the memorandum. State of Califoria State Water Resources Control Board Order WQ 2014-0154 dated September 23, 2014 page 5
April 18, 2013 On April 18, 2013, the Board of Directors of TCA approved an Addendum to the SOCTIIP FSEIR for the Tesoro Extension. TCA determined that an Addendum and · FSEIR would serve as its environmental documentation for the Tesoro Extension Project. California Regional Water Quality Control Board Resolution No. R9-2015-0022 page 3 State of Califoria State Water Resources Control Board Order WQ 2014-0154 dated September 23, 2014 page 5.
April 18, 2013

On April 18, 2013, the Board of Directors of TCA approved an Addendum to the SOCTIIP FSEIR for the Tesoro Extension. TCA determined that an Addendum and · FSEIR would serve as its environmental documentation for the Tesoro Extension Project.  California Regional Water Quality Control Board Resolution No. R9-2015-0022 page 3 State of Califoria State Water Resources Control Board Order WQ 2014-0154 page 5

April 23, 2013

The San Diego Water Board received an Addendum to the FSEIR (Addendum) filed by TCA on April 23, 2013 and considered the contents of the Addendum along with the FSEIR prior to reaching its decision. 

The Addendum notes that the Tesoro Extension as analyzed in the FSEIR and Addendum does not preclude a connection to any of the 19 toll road alternatives evaluated in the SOCTIIP technical reports.

California Regional Water Quality Control Board Resolution No. R9-2015-0022 page 3

May 2, 2013

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Addendum to Final EIR 584 and Final EIR 589 for the Canada Gobernadora Multipurpose Basin Project, Canada Gobernadora Multipurpose Basin Project CEQA

CDFW is intending to execute a Lake or Streambed Alteration Agreement pursuant to Section 1602 of the Fish and Game Code (#1600-2006-0438-0006-R5) to the project applicant, Rancho Mission Viejo. The project proposes to permanently impact 8.41 acres of streambed, including 4, 26 acres of vegetated riparian habitat (southern willow scrub, mulefat scrub, southern sycamore riparian woodland, and alkali meadow) 3.75 acres of oak woodland, and 0.40 acres unvegetated streambed. Impacts are due to new structures and related infrastructures for Subareas 2.1, 2.2, 2.3, and 2.4.

Notice of Determination

Approving Agency
CDFW
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
County of Orange 300 North Flower St., Santa Ana, CA 92703

Determinations

(1) The project will have a significant impact on the environment
Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
No
(6) Findings were made pursuant to the provisions of CEQA
Yes
May 30, 2013

0n May 30, 2013 Revised Tentative Order No. R9-2013-0007, Waste Discharge Requirements for Foothill/Eastern Transportation Corridor Agency, Tesoro Extension (SR 241) Project, Orange County was released for public review and comment. Written comments were limited to:

1) revisions to the Tentative Order since the March 13, 2013 public hearing; and

2) comments pertaining to CEQA. The comment period was open from May 30, 2013 to June 7, 2013. The San Diego Water Board received written comments from TCA, the Coalition and other interested parties. 

California Regional Water Quality Control Board Resolution No. R9-2015-0022 page 4

June 2013 - March 2015

Through a series of decisions made between, the San Diego Regional Water Quality Control Board (“RWQCB”) denied TCA’s application for waste discharge requirements under the Porter-Cologne Water Quality Control Act (Water Code §§ 13000 et seq.) for the Tesoro Extension (“WDR Denial”).

June 13, 2013

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Planning Area 2: Zone A and Zone 1 Reservoirs CEQA

The Santa Margarita Water District (SMWD) is proposing the construction of three water reservoirs, two for domestic water use and one for non-domestic (recycled) use. The improvements would require the grading of a building pad, grading and construction of access roads, and pipeline and power facilities and granting of additional access easement(s) to SMWD.

Notice of Determination

Approving Agency
Santa Margarita Water District
Approving Agency Role
Lead Agency
Approved On
Final Environmental Document Available at
SMWD Offices 26111 Antonio Parkway Rancho Santa Margarita, CA 92688

Determinations

(1) The project will have a significant impact on the environment
No
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
No
(6) Findings were made pursuant to the provisions of CEQA
No
June 19, 2013

At a June 19, 2013 hearing a majority of San Diego Water Board members DENIED  adoption of Revised Tentative Order R9-2013-0007. The San Diego Water Board noted that it may issue waste discharge requirements for large projects in phases; however, phased projects should not segment a larger project into pieces to avoid or limit the Board's review of the project's impacts on water quality and beneficial uses.

The San Diego Water Board conducted the second hearing on June 19, 2013. At the hearing, the public was asked to limit their comments to the revisions to the Tentative Order and CEQA-related issues. San Diego Water Board staff explained that the revisions to were designed to address water quality concerns related to the Tesoro Extension that had been expressed by Board Members as well as the prior hearing. The revisions addressed sediment supply and hydromodification; the timing of the habitat mitigation monitoring plan and the runoff management plan.  The San Diego Water Board’s counsel described the Petitioner’s recent approval of the conceptual design for the Tesoro Extension and the Addendum, explained that, as a CEQA responsible agency, the San Diego Water Board was bound by the Petitioner’s 2006 EIR and the Addendum. Counsel explained that the Revised Tentative Order did not contain any specific findings about environmental impacts related to potential future segments of the toll road. 

The Tenative Order was DENIED because CEQA documents, particularly the description of the Tesoro Extension as the CEQA project in the Addendum, were inadequate.

State of Califoria State Water Resources Control Board Order WQ 2014-0154 dated September 23, 2014 page 6 and California Regional Water Quality Control Board Resolution No. R9-2015-0022 page 5

Order: The matter was remanded to the San Diego Water Board to provide the factual and legal basis for its decision. The Order did not require the San Diego Water Board to conduct any further hearings regarding the issuance of WDRs for the Tesoro Extension.

State of Califoria State Water Resources Control Board Order WQ 2014-0154 dated September 23, 2014 page 15

August 6, 2013

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Middle Chiquita Recycled Water Facilities (Project); Water Recycling Funding Program (WRFP) No. 3925-030 CEQA

The District is proposing the construction of four reservoirs, two for domestic water use and two for non-domestic (recycled) use, to store treated the recycled water from the Chiquita Water Reclamation Plant. The reservoirs would be circular steel welded tanks. The tanks would have a heights of 32 feet, would be 106 feet in diameter, and would be constructed with aboveground welded steel plates. The site drainage from each reservoir would be collected in on site catch basins and conveyed through storm drain piping or channels to existing natural drainage courses. Pipe outlets would be protected with rock riprap energy dissipaters to reduce any impacts to the drainage channels.

Notice of Determination

Approving Agency
State Water Board
Approving Agency Role
Responsible Agency
Approved On
Final Environmental Document Available at
N/A

Determinations

(1) The project will have a significant impact on the environment
No
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
Yes
(4) A mitigation reporting or monitoring plan was adopted for this project
N/A
(5) A Statement of Overriding Considerations was adopted for this project
No
(6) Findings were made pursuant to the provisions of CEQA
Yes
September 30, 2013

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Sub-Notification of Master Streamed Alteration Agreement No. 1600-2006-0438-0007-R5 for the Gobernadora Multipurpose Basin Project

November 25, 2013

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Temporary Water Right Permit for Santa Margarita Water District Multipurpose Basin Project

January 13, 2014

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Temporary Water Right Permit for Santa Margarita Water District Multipurpose Basin Project

June 24, 2014 On June 24, 2014, the Board of Supervisors approved an Agreement for Grant of Fee Credits with RMV, which will allow the County to grant fee credits to RMV and accept the road right-of-way if RMV constructs “F” Street.  Permit Applications to: USACOE, SDRWQCB AND CDFG "F" Street, Trail/Sidewalk & Associated Utilities project dated November 21, 2014 page 2
July 19, 2013

On July 19, 2013, TCA submitted a timely petition to the State Water Board for: Reconsideration of Denial of Waste Discharge Requirements Revised Tentative Order No. R9-2013-0007 for Foothill/Eastern Transportation Corridor Agency, Tesoro Extension (SR 241) Project. (SWRCB/OCC Fi le A-2259.) California Regional Water Quality Control Board Resolution No. R9-2015-0022 page 5

Petition for Review and Memorandum of Points and Authorities in Support of Petition for Reconsideration of Denial of Waste Discharge Requirements Revised Tentative Order No. R9-2013-0007 for Foothill/Eastern Transportation Corridor Agency, Tesoro Extension (SR 241) Project. (SWRCB/OCC Fi le A-2259.)

August 13, 2014

County of Orange/San Diego Region (WQMP) "F" Street from Oso Parkway to Cow Camp Road (Received vi Public Records Request.

Page 9: Property Ownership/Management-  "RMV Community Development, LLC along with other RMV entities own the land on which the “F” Street project site is located. Parts of Parcel 125-096-69 and the entire parcel 125-098-82 are owned by the Capistrano Unified School DIstrict since 1995 and 1997. These parcels have been placed into the right of way for modified "F" Street (actually SR 241 with a 10% shift in alinment closer to Tesoro High School and the Habitat Reserve) by entities that did not own them and had no right to encumber them. 

September 23, 2014 On September 23, 2014, after accepting comments from interested parties, the State Water Board adopted Order WQ 2014-0154. State Water Board Order WQ 2014-0154 remanded the matter back to the San Diego Water Board and provided direction to the Board to further explain the factual and legal basis for its denial.  California Regional Water Quality Control Board Resolution No. R9-2015-0022 page 5
NEW PLAN: Managed Toll Lanes Down the I-5 
November 7, 2014

Orange County Transportation Authority NCCP/HCP NCCP Plan Summary  https://wildlife.ca.gov/Conservation/Planning/NCCP/Plans/OCTA

The Agencies should simultaneously review permits granted under the Orange County Transportation Authority NCCP/HCP NCCP.

Continue to TIMELINE 2014 to Present

 

 

 

 

 








 

 








 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PUBLIC SCOPING COMMENT PART 6 TIMELINE

 

| PART 1 | PART 2 | PART 3 | PART 3 CONTINUED | PART 4 | PART 5 | PART 6 |

 

Continued from PART 6(a)

TIMELINE 1969 TO 1995
CREATION OF STATE AND FEDERAL ENVIRONMENTAL PROTECTION LAWS
1969 Since 1969, the State of California has required that local governments prepare and adopt General Plans to guide future development within their jurisdictions. Mandatory elements of the General Plan were Land Use and Circulation Elements. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Appendix G History of Cooperative Corridor and Open Space Planning in Orange County
1969 (NEPA) National Environmental Policy Act of 1969 [42 U.S.C. § 4321 et seq. (1969) Effective January 1, 1970
DEVELOPMENT OF AN ORANGE COUTY REGIONAL MOBILITY PLAN
1970 In 1970, the California Legislature adopted additional requirements for preparation of an Open Space Element and Plan. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Appendix G History of Cooperative Corridor and Open Space Planning in Orange County
April 3, 1970 The Environmental Quality Improvement Act of 1970 amended (NEPA) National Environmental Policy Act of 1969 vesting a Council on Environmental Quality. This Council has cabinet status and the head of this council is appointed by the president.
1970  (CEQA) California Environmental Quality Act Public Resource Code Section 21000 et seq
CREATION OF LONG TERM PLANNING, REQUIRED ZONING AND SUBDIVISION CONSISTENCY
1970 SInce 1969, the State of California required local governments to prepare and adopt General Plans to guide future development within their Jurisdictions. In 1970 The California Legislature adopted requirements for preparation of an Open Space Element and Plan as an integral part of the local government General Plan.
1972 CA Government Code Title 7 Section 6500-66499.58 Mandates comprehensive long-term planning and required zoning and subdivision consistency with the plan. 
September 21, 1972  Friends of Mamoth v. Board of Supervisors [Sac. No. 7924. Supreme Court of California. September 21, 1972.] Mandated enviornmental review of private projects.
CREATING ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS
1972 - 1975

The Orange County Board of Supervisors initiate the Southeast Orange County Circulation Plan (SEOCCS) for the purpose of developing an information base to revise the Mater Plan of Arterial Highways (MPAH) in Southeast Orange County. The study was completed in 1975 . The SEOCCS identified four growth or land use alternatives, two included the Foothill Transportation Corridor (FTC) running parallel to the I-5 south of SR55 Eastern Transportation Corridor SEIS Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page 1-1

August 1975 Southeast Orange County Circulation Plan Study (SEOCCS) is completed by the County of Orange. Two of the four alternatives addressed included a "Foothill Corridor" running parallel to I-5 south of SR 55 This study provided the basis for a revision to the County's Master Plan of Arterial Highways (MPAH) Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1  
1976 Three transportation corridors (241/Foothill, 133-241-261/Eastern, and 73/San Joaquin Hills) appears in the Southeast Orange County Circulation Study 
1977 The Federal Clean Air Act Amendments of 1977 require that designated agencies in areas of the nation that do not meet federal clean air standards prepare plans demonstrating steps that will bring areas into compliance. Designated air planning agencies for Orange County are the South Coast Air Quality Management District (AQMD) and SCAG. These agencies have prepared an Air Quality Management Plan (AQMP) that contains a series of growth forecasts and management plans including the Regional Mobility Plan (RMP) and the Growth Management Plan (GMP). Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IX-5
May 1978 The California Transportation Commission (CTC) was established by Assembly Bill 402 Chapter 1106, Statutes of 1977 .
August 1978 California Transportation Commission revised Regional Transportation Plan Guidelines August 1978
1979 Air Quality Implementation Plan (SIP) State Implementation Plan Status Report 

EPA has established the National Ambient Air Quality Standards for six "criteria" air pollutants - which are widespread common pollutants known to be harmful to human health:

  1. Carbon monoxide pollution
  2. Lead air pollution
  3. Nitrogen oxide pollution
  4. Ozone pollution
  5. Particulate matter pollution
  6. Sulfur dioxide pollution

Under the Federal Clean Air Act, a metropolitan planning organization (MPO) must certify that the transportation projects it approves are in conformity with SIP. In the South Coast Air Basin SCAG is the MPO. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-116

1979 ORANGE COUNTY BOARD OF SUPERVISORS BEGINS STUDY OF FOOTHILL TRANSPORTATION CORRIDOR
December 1979 Orange County Board of Supervisors adopts Resolution 79-1878 to fund the study of the Foothill Transportation Corridor (FTC). The western most segment of the Corridor included the area now known as Eastern Transportation Corridor (ETC)Supplemental Environmentall Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 
1980 MultiModal Transportation Study (MMTS) completed by Orange County Transportation Commission. The study identified the need for a major highway in the foothills of Santa Ana Mountains and included the Corridor in "Orange County's Blueprint for the Future". Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 
October 1980 Northeast Orange County Circulation Study (NEOCCS) completed by the County of Orange. It recommended a 1995 circulation systme including a major highway corridor parallel to SR 55 between I-5 and SR 91. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 
August 1981 In August 1981 the Orange County Board of Supervisors added the ETC and FTC to the Orange County MPAH as conceptually proposed facilities. A 125 square mile study area and a number of alignments were defined for baseline environmental studies and preliminary engineering analysis.  Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1  page 1-1
August 1981 The County adopts Resolution No 81-1279 to add ETC to the MPAH as a concetual facility. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page IX-4
August 1981

Final SOCTIIP EIR/SEIR 123 was certified by the County of Orange in 1981 and resulted in a conceptual alignment for a transportation corridor facility being placed on the County's Master Plan of Arterial Highways (MPAH).

The MPAH shows the alignment of the existing FTC-N and a conceptual alignment for the FTC-S. State Routes 73, 133, 241 and 261 were roughly sketched onto the county's road plans.  

Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1

1982 Air Quality Implementation Plan (SIP) Revision was approved regarding (CO) Carbon Monoxide and O (Ozone) This approval was overturned by Abromowitz V. EPA (1987) 832 F.2d 1071. Disapproval of the 1982 SIP left the 1979 SIP in effect.
RANCHO MISSION VIEJO BEGINS SUBDIVIDING PARCELS IN PREPARATION FOR DEVELOPMENT
September 3, 1982

SUBDIVISION MAP ACT: RMV STARTS CREATING NEW PARCELS

Certificate of Compliance CC 82-2 Instrument No: 198200313505, subdivided ranch land owned by Rancho Mission Viejo and established 9 new parcels of land shown on tract map 82-107.

Owner of Record: Rancho Mission Viejo
28811 Ortega Highway PO Box 9
San Juan Capistrano CA 92675
Phone: (714) 831-6450

December 1982 California Transportation Commission revised Regional Transportation Plan Guidelines December 1982
May 25, 1983 Foothill Transportation Corridor Agency EIR #123 is Certified by the County and Circulation Element Amendment No. 81.1 is adopted to place the FTC and Portola Parkway on the MPAH. Decisions on ETC segment was deferred until later.Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1
November 1983

The Orange County Environmental Management Agency (OCEMA) began Phase I (November 1983 to February 1986) of the ETC study commenced involving a 125 mile study area between I-5 and SR 91.Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page II-15

March 1984 ETC study scope amended to include Weir Canyon/Peters Canyon Road Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1
September 1984 ETC Master Environmental Baseline Study (Volumes I and II) completed by the County. Volume I documented existing environmental conditions in the ETC study area defined between I-5 and SR 91. Volume II provided the Technical appendices for Volume I. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page II-15
1985 The ETC is included in the 1985 Regional Transportation Program (RTP) prepared by (SCAG) Southern California Association of Governments. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IX-4
May 1985

ETC Master Environmental Baseline Study (Volume III) completed by the County. This Volume documented existing environmental conditions in the ETC study area south of I-5 where ETC facilities would transition to the arterial network.Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page II-2 and page XIII-I

Report: Eastern Transportation Corridor Matrix Evaluation Process Phase I Scoping Report (May 1985)

July 31, 1985 Phase I of the ETC study was the scoping phase that involved data collection, evaluation of conceptual studies, preliminary engineering analysis and preparation of baseline engineering and environmental studies. Phase I culminated in an Orange County Board of Supervisors hearing on July 31, 1985, where the Board received a report on the scoping process and provided direction to expand the environmental baseline analysis to include Corridor routes located easterly of the original Phase I alignments. The Final San Joaquin Hills Transportation Corridor EIR was Certified by the TCA . Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-I
THE TCA WAS FORMED TO CONSTRUCT TOLL ROADS IN SOUTH ORANGE COUNTY
1986 The TCA was formed in 1986 pursuant to the Joint Exercise of Powers Act (Government Code sections 6500 et. seq.) as a Joint Powers Authority to fund and construct toll roads in Orange County in part due to substantial decreases in the availability of state and federal transportation funding. It was decided at that time that the FTC would be constructed as a toll road and added to the State Highway System. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1  page II-15
1986 The Foothill Transportation Corridor Alternatives Alignment Analysis (County of Orange and TCA, 1986) EIS/SEIR and Draft Section 4(f) Evaluation for South Orange County Transportation Infrastructure Improvement Project page 1-2
January 1986

ETC Master Environmental Baseline Study (Volume IV) completed by the County. Volume IV documented existing environmental conditions in the expanded ETC study area that ultimately became known as the East Leg. The County Board of Supervisors subsequently adopted a reduced number of alternatives to be addressed in more detail in Phase II of the ETC study in a Tier I Route Location Study EIR.Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page II-2

Report County of Orange, Eastern Transportation Corridor Matrix Evaluation Process Supplemental Alternatives Analysis (January 1986)

February 1986

The Orange County Environmental Management Agency (OCEMA) completed Phase I of the ETC study Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page II-15

Phase I environmental baseline studies:

County of Orange Master Environmental Baseline Study (MEBS) Volume I (September 1984)

County of Orange Master Environmental Baseline Study (MEBS) Volume II: Appendices (September 1984)

County of Orange Master Environmental Baseline Study (MEBS) Volume III: Transition Area (May 1985)

County of Orange Master Environmental Baseline Study (MEBS) Volume IV: Supplemental Alternatives Analysis (January 1986)

February 4, 1986 The Orange County Board of Supervisors adopted a resolution which eliminated certain ETC alternative links for evaluation in later phases because they were environmentally inferior. 18 ETC links were carried forward to Phase II for more detailed engineering and environmental studies. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page II-15 and page XIII-I
May 1986 Foothill/Easter/I-5 Bottleneck Analysis completed by the Orange County Transportation Commission. The study addressed transportation system performance socio-economic effects and land use compatibility issues related to the anticipated bottleneck resulting from the then planned FTC/ETC interchange near East Tustin area. Nose of the potential bottleneck solutions were pursued following extensive opposition from area residents. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1
July 1986 A revised NOP was distributed by the County of Orange. The Final San Joaquin Hills Transportation Corridor EIR was Certified by the TCA . Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-2
September 1986

In September 1986 Caltrans submitted its evaluation of the regional transportation plans to the CTC. With its evaluation was the recommendation that the existing guidelines be revised to reflect changes that have occurred since the previous guidelines were adopted,

Foothill Transportation Corridor Cristianitos Segment Alternative Alignment Analysis (County of Orange, September 1986) Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS page 11-16

November 20, 1986 Scoping Meeting For EIR 451 Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page II-16
October 1987 California Transportation Commission revised Regional Transportation Plan Guidelines October 1987
1987

Senate Bill 1413 passed authorizing Toll Roads Authorizing Toll Roads in Orange County

Chapter 1402 - Senate Bill 1413 (Seymour)

This act authorizes the construction of toll roads in Orange County. The purpose of the toll roads is to provide a funding mechanism for highways and to help reduce congestion. Prior to charging tolls on roads, a local resolution must be enacted declaring that funding is not available from any federal, state, or other source. Toll roads constructed pursuant to this act must be designed and constructed to the standards and specifications of the Department of Transportation, and be constructed parallel to other public highways and roads. The toll road may be transferred to the state, subject to an agreement on terms and conditions satisfactory to the Director of the Department of Transportation. This act will have only a minor cost impact on the Department of Transportation to review and approve plans for any toll roads in Orange County.

https://lao.ca.gov/reports/1987/11_87_major_financial_legislation_enacted_in_1987.pdf page 19

1987 SB 151 was signed into law which gave AQMD significant new powers. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Appendix J
1988 The California Clean Air Act (CCAA) was enacted Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Appendix J AQMP Conformity Summary
1988 REGIONAL MOBILITY PLAN WAS ADOPTED AND THE MASTER PLAN OF ARTERIAL HIGHWAYS WAS REVISED. SR 241 CODIFIED.
1988 Regional Mobility Plan Adopted.Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1
CODIFICATION OF SR 241 AS A TOLLED ROAD
1988

The California Legislature establishes the framework for the state highway system by describing each route by statute, specifically, in the California Streets and Highways Code. Chapter 1363 (now codified at California Streets and Highways Code section 541) defines SR 241 as:

"Route 241 is from Route 5 south of San Clemente to Route 91 in the City of Anaheim". 

Route 241 was legislated to bypass San Clemente and connect to Route 5 in San Diego CountyNeither TCA, the County of Orange or Caltrans has the authority to alter a route from it's statutory alignment. Without an amendment to California Streets and Highways Code section 541, SR 241 cannot connect to Route 5 in San Clemente, the connection must be south of San Clemente in San Diego County.

February 11, 1988 The State Legislature approved Senate Bills 2048 Toll Facilities Maintenance Costs: and Senate Bill 2049 An Act to add Section 307 to the Streets and Highways Code 
March 16, 1988 Pursuant to NEPA requirements, the lead Federal Agency for this project, FHWA, published the Notice of Intent (NOI) in the Federal Register on March 16, 1988. AN Initial Study/NOP was prepared consistent with the requirements of CEQA.Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-4
April 1988 Phase II Draft EIR 451 was circulated for public review between February and April 1988 The Final San Joaquin Hills Transportation Corridor EIR was Certified by the TCA . Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-2
May 1988 All comments received in the Draft EIR and written responses to those comments were published in the Eastern Transportation Corridor Agency Phase II- Final Environmental Impact Report No. 451 Response to Comments (May 1988) The Final San Joaquin Hills Transportation Corridor EIR was Certified by the TCA.  Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XII-2
May 10, 1988 Orange County Planning Commission Public Hearing and meetings on Phase II Route Location Study  Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-2
May 23, 1988 The Marine Corps Camp Pendleton in consultation with the TCA agreed to one potential alignment of the FTC on base subject to stipulations including the stipulation that any toll road alignment on camp Pendleton must not impact or interfere with the operational flexibility of the Marine Corps mission at the base.In 1992, the TCA, Camp Pendleton, the City of San Clemente and the State Parks Department mutually agreed on one alignment for the FTC toll road on the base. ("Statement of Intent Regarding Foothill Transportation Corridor Oso Parkway to I-5, Modified C Alignment," March 4, 1992). That alignment previously known as the Modified "C" alignment, then later the CP alignment, and now referred to as the Far Wast Corridor alignment, represents the one and only alignment which meets the Marine Corps 1988 stipulation for constructing a corridor project on Camp Pendleton.
May 24, 1988 Public Hearing and meetings on Phase II Route Location Study, the Orange County Planning Commission recommended the certification of Final EIR 451 (Resolution No. PC-88-50) Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-2
June 8, 1988

The Orange County Board of Supervisors certified EIR 451 as being complete, adequate and in full compliance with CEQA (Resolution No. 88-827) ETC Route Location Study EIR No. 451 certified by the County Board of Supervisors adopted a preferred set of route alternatives for further study in the subsequent EIR and Federal Environmental process.  TCA and the County of Orange adopted network alternative E1 as the proposed project to be carried forward for more detailed study in the current EIS. This included links 8, 12, 21A, 64, 64A, 72A and 83B Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page 11-20 and page VI-17 and page XIII-2 and page XXX-2 and page XIII-2.

June 9, 1988

Foothill/Eastern TCA  Public Hearing and meetings on Phase II Route Location Study. Foothill/Easter Transportation Corridor Agency (TCA) adopts alternatives to be carried forward into Phase III of the ETC study for construction level analysis in a Tier EIR/EIS accordingly.  Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-2

June 22, 1988 Orange County Board of Supervisors (Resolution 88-929) adopted the same alternatives as the TCA and directs staff to prepare to prepare an amendment to the MPAH. Phase II of the ETC Route Location Study culminated with the Board of Supervisors and TCA actions in June 1988  Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Appendix E Resolution No. 88-929
July 1988 Tustin Hills Homeowners Coalition (THHC) initiated a lawsuit challenging the approvals granted by the County and TCA. The suit was withdrawn pursuant to a Settlement Agreement under which the TCA agreed to address concerns through specific air quality and noise studies to be incorporated into the Tier II EIS. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-3
August 1988 Phase III of the ETC study commenced. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and XIII-4
September 1988 MPAH amended to reflect adopted ETC alignments. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1
October 5, 1988 TCA Public Affair meetings with the Public ETC Citizens Meeting Santa Ana Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
November 17, 1988 TCA Public Affair meetings with the Public ETC Citizens Meeting Santa Ana Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
December 1988 1988- Kick Off Meeting. Agency Coordination begins. TCA met with representatives from USFWS and CDFG. Other participants included County of Orange, CDMG and P&D Technologies. The U.S. Army Corps of Engineers (ACOE) was contacted to confirm the use of the Unified Federal Method of Wetland delineation. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1  XIII-10
1989 to 1991

From 1989 to 1991, the TCA prepared TCA EIR No. 3, for the selection of a locally-preferred alignment for the Foothill-South.

TCA EIR No. 3 was circulated for a 60-day review period which included public hearings.

A Supplemental EIR ("SEIR") was then circulated containing changes to the "C" Alignment through San Onofre State Beach.  The "Modified C Alignment," which was selected as the locally-preferred alternative by the TCA and is consistent with the codified route for the SR 241.

Following input from the United States Fish and Wildlife Services, the "Modified "C" Alignment was further modified and named the "CP Alignment." The CP Alignment went around San Clemente and connected to Route 5 south of the San Clemente city limits at Basilone Road.

1989

1989 (AQMP) Air Quality Management Plan. In 1989, SCAG, AQMD and CARB approved a new AQMP for the Basin. The AQMP has not beenn approved by the EPA as part of the SIP, but it is the most current regional air quality plan approved at the state level. Following disapproval of the 1982 SIP and failure to meet the dealine for attainment of CO and ONational Ambient Air Quality Standards, EPA initiated a (FIP) Federal Implementation Plan in Coalition for Clean Air v Reilly (1988). Development of the FIP was superseded by the Clean Air Act Amendments of 1990. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-116

1989 The District Management Plan (DSMP) provides multi-modal, multi jurisdictional systems strategies for evaluating and recommending improvements to transporattion systems. The (DSMP) was adopted in 1989 . It includes and alignment for FTC-S consistent with the FEC-M Alternative. It is anticipated that any SOCTIIP Alternative which proposes improvements other than to SR 241 (arterial and I 5 improvements) or which does not extend the FTC-S as included in the DMSP. Environmental Impact Statement/Subsequent Environmental Impact Report and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Project (SOCTIIP) page 1-4
January 1989 Section 531 of the State Streets and Highways Code became effective. Under this law, the use of State and/or Federal funds for any purpose related to the ETC or FTC was prohibited until an irrevocable offer to the County of Orange was recorded to permanently dedicate 5,360 acres of land for Limestone Canyon Regional Park. One of the purposes of the legislation was to encourage consolidated mitigation for land development in this part of northeast Orange County and the ETC. As part of the EOPC Final EIR, a 693 acre land area was reserved for use as a large scale habitat in Limestone Canyon Regional Park, as part of the East Orange Limestone dedication program and for use as appropriate in the mitigation of ETC impacts. A Memorandum of Understanding (MOU) was entered into by the City of Orange, County of Orange and the Irvine Company which provides the vehicle for the proposed dedication of Limestone Canyon Regional Park to occur. Eastern Transportation Corridor SEIS page IV-31
January 10, 1989 TCA/Caltrans filed a NOP with the Office of Planning and Research (OPR) and in several papers. Supplemental EnvironmentalImpact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-4
January 10, 1989 Scoping Meeting Irvine CA  Supplemental EnvironmentalImpact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-4
January 12, 1989 Scoping Meeting Santa Ana CA  Supplemental EnvironmentalImpact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-4
February 2, 1989 TCA Public Affair meetings with the Public ETC Citizens Meeting Santa Ana Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
March 16, 1989 TCA Public Affair meetings with the Public ETC Citizens Meeting Santa Ana Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
May 4, 1989 TCA meeting with SHPO re: Irvine Agriculture Headquarters. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
May 31, 1989 TCA Public Affair meetings with the Public ETC Citizens Meeting Santa Ana Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
November 2, 1989 TCA Public Affair meetings with the Public ETC Citizens Meeting Santa Ana Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
November 9, 1989 TCA meeting with the County of Orange re: impacts related to County Parks. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
December 1989 TCA meetings with the City of Irvine, Irvine Historical Society, the Irvine Company re: Irvine Agriculture Headquarters Complex. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
January 10, 1990 TCA Public Affair Citizens Workshop: Traffic Numbers Costa Mesa Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
Janaury 17, 1990 TCA Public Affair Citizens Workshop: Litigant's Alignment Alternatives Costa Mesa Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
January 23, 1990 TCA meetings with the City of Irvine, Irvine Historical Society, the Irvine Company re: Irvine Agriculture Headquarters Complex. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
January 24, 1990 TCA Public Affair Citizens Workshop: Air Quality and Noise Impacts Costa Mesa Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
January 31, 1990 TCA ETC Citizen's Meeting: Traffic Numbers and Noise/Air Quality Tustin Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
February 13, 1990 Farmland Conserversion Impact Rating Form Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Appendix C
February 22, 1990 TCA Public Affair Citizens Workshop: Air Quality and Noise Impacts Costa Mesa Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
March 6, 1990  Public Presentations updating the ETC status and schedule Foothill Community Association Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
March 27, 1990 TCA meetings with the Irvine Company concerning coordination of the ETC alignment with proposed land development. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
March 29, 1990 TCA meetings with the City of Irvine, Irvine Historical Society, the Irvine Company re: Irvine Agriculture Headquarters Complex. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
April 4, 1990 TCA meeting with Woodbridge Homeowners' Association Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
April 4, 1990 TCA Public Affair Citizens Workshop: Air Quality and Noise Impacts Costa Mesa Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
April 5, 1990 TCA meetings with the Irvine Company concerning coordination of the ETC alignment with proposed land development. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
April 25, 1990 ETC Citizen's Meeting: Aesthetics Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
April 30, 1990 TCA meetings with the Irvine Company concerning coordination of the ETC alignment with proposed land development. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
May 4, 1990 TCA meetings with the Irvine Company concerning coordination of the ETC alignment with proposed land development. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
May 14, 1990 TCA Public Affair Citizens Workshop: Noise Impacts Costa Mesa Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
May 30, 1990 TCA Public Affair Citizens Workshop: Air Quality Impacts Costa Mesa Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
May 31, 1990 Public Presentations updating the ETC status and schedule Anaheim Hills Citizen's Coalition Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
June 8, 1990 TCA meetings with the Irvine Company concerning coordination of the ETC alignment with proposed land development. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
July 1990 Wetlands Delination Forms Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Appendix K
July 2, 1990 TCA meetings with the Irvine Company concerning coordination of the ETC alignment with proposed land development. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
July 31, 1990 TCA meetings with the City of Irvine, Irvine Historical Society, the Irvine Company re: Irvine Agriculture Headquarters Complex. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
1990 Tustin Hills Settlement Agreement Laguna Greenbelt v San Joaquin Hills Transportation Corridor Agency Draft EIR/EIS 2 re: Air Quality
1990 Clean Air Act Amendments require submission of a SIP conforming to the Amendments by 1992. Supplemental EnvironmentalImpact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-116
March 1990

TCA certified final Supplemental EIR 423, which evaluated the northern portion of the FTC as a toll facility. The northern portion of the FTC ("Foothill-North"), was constructed in segments from 1995 to 1998 and begins at Oso Parkway near Rancho Santa Margarita and proceeds north where it terminates at SR-91 near the Santa Ana River in the City of Anaheim. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page III-41 

March 16, 1990 TCA meetings with Orange County Transit District (OCTD) re: East Leg structure over their existing maintenance and operation facility on Sand Canyon Avenue. Supplemental EnvironmentalImpact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
March 28, 1990 TCA submits a Federal Aviation Administration (FAA) permit application to construct the ETC adjacent to the MCAS- El Toro. Supplemental EnvironmentalImpact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-8
April 1990 ETC Screenbeck EIR/EIS submitted to Caltrans and FHWA for reviewSupplemental EnvironmentalImpact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1
April 17, 1990 TCA meeting with Orange County Transportation Authority (OCTA) re: SR 91 and Santa Ana Canyon Road Extension Supplemental EnvironmentalImpact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
June 19, 1990 TCA meeting with Orange County Transportation Authority (OCTA) re: SR 91 and Santa Ana Canyon Road Extension Supplemental EnvironmentalImpact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
June 20, 1990  Federal Aviation Administration (FAA) permit application to construct the ETC adjacent to the MCAS- El Toro is approved by the (FAA) Federal Avaition Administration. Supplemental EnvironmentalImpact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-8
July 1990  ETC Pre-Draft EIR/EIS submitted to Caltrans and FHWA for review. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1
July 1990 The Etc alignments were examined to determine jurisdictional limits of (ACOE) Army Corps of Engineers pursuant to Section 404 of the Clean Water Act.Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-55
December 27, 1990

USFWS lists 19 species of plants native to California that are endangered or threatened. USFWS lists 37 species of animals native to California that are endangered or threatened. Supplemental Environmental   Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-41 and page XIII-9 and Appendix I USFWS Species List

November 8, 1991 to January 17, 1992 The DEIS for ETC was released for public review Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-10
1991 1991 AQMP. SCAG and AQMD prepared a 1991 AQMP up-date to focus on compliance with the Amendments to Clean Air Act. Under the provision of this Act, there can be no net increase in mobile source emissions after the year 1997 and by 1999, the average vehicle occupancy rate must be 1.5 Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-118
THE STATE OF CALIFORNIA ENACTS (NCCP) THE NATURAL CONSERVATION PLANNING ACT OF 1991 AND CREATES THE FIRST NCCP/HCP REGIONAL PLAN PILOT PROGRAM FOR ENVIORNMENTAL REVIEW OF DEVELOPMENT FOR LARGE TRACTS OF LAND
1991  (NCCP) Natural Community Conservation Planning Act of 1991 (AB 2172) adopted by California Legislature: California Fish and Game Code Section 2800 Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-47
March 1991

In March 1991, the (ACOE) Army Corps of Engineers was contacted concerning wetlands and biological reports sent to the ACOE earlier.  Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-28 and page XIII-9

March 1991 The Final San Joaquin Hills Transportation Corridor EIR was Certified by the TCA . Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IX-15
March 13, 1991 Correspondence with the State Historic Preservation Officer Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Appendix G History of Cooperative Corridor and Open Space Planning in Orange County
May 7, 1991 Representatives from the TCA, USFWS, CDFG, Caltrans and P&D discussed a conceptual Mitigation Plan for wetlands, waters of the United States and upland habitats.  Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-28
May 16, 1991 Representatives from the TCA, CDFG, Caltrans and P&D and a representative from the Streambed Alteration Team agreed to an off site mitigation area and more formal mitogation plans were developed.  Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-28
July 12, 1991 The Draft 1991 AQMP was adopted locally July 12, 1991 Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Appendix J
September 1991 SCAG adopted the 1991-1997 (TIP) Transportation Improvement Plan which required review by the (FHWA) Federal Highway Administration. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-120
September 5, 1991 MOU SCAG Foothill/Eastern TCA and Caltrans re: mImplementation of Toll Facility Pricing Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Appendix H
October 10, 1991

An EIR was certified by the F/ETC Board of Directors on October 10, 1991 for the southern segment from the extension of Oso Parkway to an intersection with I-5 in San Clemente. Two basic alignment alternatives were evaluated for this segment. The BX Alignment would intersect with I-5 in the vicinity of Avenida Pico in San Clemente while the C alignment would intersect I-5 in the vicinity of Basilone Road.The Board of dDistrictors selected the C alignment as the locally prefered altrenative. Construction on this segment is not expected to begin until after 1995. SR 241 will be operated as a toll facility until the construction bonds are retired. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page III-42 and IX-9

Petitioner’s Petition for Review of Waste Discharge Requirements Order No. R9-2013-0007 (SWRCB/OCC File A-2259), p. 4.

November 8, 1991 The FHWA, Caltrans and the F/ETCA circulated a joint DEIR/DEIS for the proposed ETC prepared pursuant to NEPA in order to be eligible for federal highway dollars.Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page II-2
November 19, 1991 Map showings were held November 19, 1991 in Anaheim Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-10
November 21, 1991 Map showings were held November 21, 1991 in Irvine Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-10
November 22, 1991 Regulations published in 33 CFR 330.6(B) on November 22, 1991 the Army Corps of Engineers issued 40 nationwide permits that "pre-authorize" specific minor discharges. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page II-60
Dec 4, 1991

MOU Between the Caliifornia Department of Fish and Game and the US Fish and Wildlife Services for Coastal Sage Scrub Natural Community Conservation Planning in Southern California. 

The Coastal Sage Scrub (CSS) NCCP is the first such planning effort to be initiated under the Act. It was undertaken as a pilot project to develop a process for accelerated conservation planning at a regional scale which may serve as a model for other NCCPs elsewhere in the state. 

Because the CSS NCCP program is a pilot program for possible application elsewhere in California, it is sponsored jointly by the California Resources Agency and the California Department of Fish and Game (CDFG). Where these process guidelines refer to participation in agreements or other action by CDFG, it should be understood that for this program, this means both the Resources Agency and CDFG. Both state agencies are proceeding in cooperation with the U. S. Fish and Wildlife Service (USFWS) (See 12/4/91 MOU between CDFG and USFWS).

December 12, 1991 Public Hearings Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-11
1992 

County Enrollment in NCCP Program 

City of Anaheim, 1992
City of Dana Point, 1992
City of Huntington Beach, 1992
City of Laguna Beach, 1992
City of Mission Viejo, 1994
City of Newport Beach, 1992
City of Orange, 1992
City of San Clemente, 1992
City of Tustin, 1992
City of Yorba Linda, 1995
Transportation Corridor Agencies, 1992
El Toro Marine Corps Air Station (Cooperator)
Arvida/JMBI (Talega), 1992
Arvida/JMBII (Coto de Caza), 1992
Chevron USA, 1992
Irvine Company, 1992
Pacific Coast Homes, 1992
Roberts Ranch, 1992
Santa Margarita Company, 1992

February 13, 1992 Public Hearings Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-12
March 1992  The TCA Board of Directors certified the final ETC EIR under CEQA March 17, 1992.  Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-11
January 1992 A meeting was held with Orange County Transportation Authority ACOE, USFWS, CDFG and Caltrans to discuss the plan for the TCA to receive input from resource agencies. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
April 30, 1992 The Final San Joaquin Hills Transportation Corridor EIS was approved by the FHWA . Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IX-15
May 11, 1992 F/ETCA certified the EIR portion of the DEIR/DEIS pursuant to CEQA and approved the locally prefered alternative for the project.1 page 11-2 The FHWA approved an eight lane facility, including two HOV lanes on SR 231, and a six lane facility on SR 261 with HOV lanes. The approval did not include a specific alignment for SR 261. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page II-2
June 1992 The revised plan for the TCA to receive input from resource agencies was circulated. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
June 1992 In June 1992, FHWA and Camp Pendleton signed a Memorandum of Agreement (MOA) which established agreed upon principles of organization and coordination in the funding , scoping, preparation, review and approval of the EISon only those matters of interest to the Department of the Navy for the EIS process with Camp PEndleton as a cooperating agency. The MOA also required the establishment of a Quality Assurance Program. The TCA and Caltrans concurred in the MOA.
July 1992 Meeting to discuss the revised plan for the TCA to receive input from resource agencies was held.  Attendees included EPA, USFWS, ACOE, Caltrans and the TCA. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
March 1992 TCA Board Certification of the FEIRSupplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1
October 1992 Meeting to discuss the revised plan for the TCA to receive input from resource agencies was held with CDFG Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-9
November 1992 Submittal of the 1601 agreement to the (CDFG) California Department of Fish and GameSupplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1
December 1992 Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 submitted to the US Department of Transportation Federal Highway Administration and the California Department of Transportation and the Foothill/Eastern Transportation Corridor Agencies
FORMATION OF TWO SUBREGIONS OF THE ORANGE COUNTY NCCP (COASTAL/CENTRAL- IRVINE RANCH) AND (SOUTHERN SUBREGION - RANCHO MISSION VIEJO)
1993 

Planning Agreement signed by County, Service, CDFG and participating landowners. Two subregions created: Coastal/Central (Irvine Ranch) and Southern (Rancho Mission Viejo) 

Originally, participating landowners (those that provided funding or in kind services) included the County, SMWD, RMV, Transportation Corridor Agencies (TCA), Marblehead Coastal, and Talega Ranch.

March 30, 1993 NCCP Act of 1991 lists the California Nat Catcher as an endangered species. page ES-5 Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP ES-5
April 1993 Final Environmental Impact Statement for the Transportation Corridor TCA EIS 2 Final Response to Comments
May 7, 1993

The NCCP/HCP was prepared in accordance with the terms of a May 7, 1993, Planning Memorandum of Agreement (MOA) signed by CDFG, USFWS, the County of Orange and "participating landowners".

Local Government jurisdiction that contain lands included in the reserve are the:

  • City of Anaheim
  • City of Coasta Mesa
  • City of Irvine
  • City of Laguna Beach
  • City of Newport Beach
  • City of Orange
  • City of San Juan Capistrano and
  • Unincorporated Orange County

"Participating Landowners" include:

  • Southern California Edison
  • Metropolitan Water District of Southern California
  • Irvine Ranch Water District
  • Transportation Corridor Agencies
  • MH Sherman Company/Chandis Securities Company/Sherman Foundation
  • The Irvine Company
  • University of California- Irvine
  • California Department of Parks and Recreation
  • California Department of Fish and Game
  • County of Orange

The Habbitat Reserve System is owned and operated by public agencies and administered by  a Non-profit Management Corporation consisting of representatives of individual reserve owners, the CDFG, CDF, USFWS and three "public" members appointed by the Board of Directors.

Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP ES-6, Species Covered page ES 17 

June 1993 Final Environmental Impact Statement for the Transportation Corridor TCA EIS 2-1 Final Responses to Comments on the SDEIS
June 30, 1993 Following CDFG and USFWS approval of the subregional planning study area boundaries in 1992 and signing of the Planning Agreement for the Southern Subregion, the County prepared and published a Notice of Preparation (NOP) for both the Southern Subregion and Central and Coastal Subregion NCCP EIRs on June 30, 1993. The USFWS published a Notice of Intent (NOI) for the EIS component of the Joint EIR/EISs (Federal Register, June 24, 1993). Draft NCCP/MSAA/HCP page 1-14
July 7, 1993 July 7, 1993, the County and USFWS conducted a Joint Scoping Meeting covering both the Southern Subregion and Central and Coastal Subregion NCCPs. Following the Scoping Meeting, a series of “working group” meetings were conducted involving the NCCP consultant team, landowners, CDFG and USFWS staff, and environmental interest representatives. Participants in these meetings provided ongoing comment throughout a process leading to the preparation of several “open space/reserve concepts” intended to be used to select a habitat reserve design forming the basis for a NCCP/MSAA/HCP. Ultimately, for a variety of economic (e.g., a lengthy recession) and RMV estate planning reasons, the NCCP /HCP planning process was put on hold in 1996. Draft NCCP/MSAA/HCP page 1-14
November 1993

CDFG in cooperation with the USFWS and based on extensive public review and comment during 1992 and 1993 published Process Guidelines that were intended to provide guidance concerning the required content of NCCPs and the steps that should be followed during preparation of subregional NCCPs.

The NCCP Conservation Guidelines (Appendix D) set forth three fundamental conservation planning principles that, in effect, provide the subregional and regional planning framework for the coastal sage scrub NCCP program. These principles involve the following:

    • Creation of a Coastal Sage Scrub Habitat Reserve.
    • Focus on Reserves Designed to Provide “Connectivity.”
    • Implement Adaptive Management Within Reserves

 Draft NCCP/MSAA/HCP page 1-26, 1-28 and Appendix D

December 1993 In December 1993, the TCA initiated the preparation of a Subsequent SEIR to evaluate the CP Alignment, the BX Alignment (which connected to Route 5 at Avenida Pico in San Clemente), and a no build alternative. Between 1993 and 1996, technical analysis of the CP and BX alignment alternatives and the No Build Alternative was conducted. https://www.courthousenews.com/wp-content/uploads/2017/08/OC-Toll-RESERVE-COMPLAINT.pdf page 15
December 10, 1993

USFWS Special Rule and Section 10(a)(1)(B) Coastal California Gnatcather

On December 10, 1993, USFWS finalized the Special Rule for the coastal California gnatcatcher. The Special Rule stated:

“ . . . incidental take of the coastal California gnatcatcher will not be considered a violation of Section 9 of the Endangered Species Act of 1973, as amended (Act), if it results from activities conducted pursuant to the State of California’s Natural Community Conservation Planning Act of 1991 (NCCP), and in accordance with a NCCP Plan for the protection of coastal sage scrub habitat, prepared consistent with the state’s NCCP Conservation and Processing Guidelines, provided that:

(i) The NCCP Plan has been prepared, approved and implemented pursuant to the California Fish and Game Code Sections 2800-2840; and

(ii) The USFWS has issued written concurrence that the NCCP plan meets the standards set forth in CFR 17.33(b)(2). The Service shall issue its concurrence pursuant to the provisions of the Memorandum of Understanding dated December 3, 1991, between the California Department of Fish and Game and the Service regarding coastal sage scrub natural community conservation planning in southern California. (Federal Register, Vol. 58, No. 236, December 10, 1993, emphasis added) 

The above excerpts from the Special Rule indicate that:

(1) the NCCP planning process can serve as a means of comprehensively addressing coastal sage scrub habitat conservation concerns at a regional and subregional scale;

(2) the standard of review of such plans by the USFWS will be consistency with the NCCP Conservation Guidelines and compliance with the requirements of Section 10(a)(1)(B) of FESA (the Habitat Conservation Plan provisions of FESA); and

(3) the 1991 USFWS/CDFG MOU is to serve as the guiding document for USFWS involvement in the review and approval of NCCP plans. Thus, the Special Rule provides the regulatory bridge for integrating the State’s NCCP program into the HCP/incidental take requirements of Section 10(a)(1)(B) of FESA.

The addition of the state MSAA to the NCCP as a component of the combined NCCP/MSAA/HCP does not affect the above discussion. Because the MSAA and NCCP definition of riparian habitat are essentially the same, the identification and mitigation of impacts to streambeds and related habitat meeting the riparian definition support both the regulatory and long-term management goals, objectives and requirements under FESA. Arguably, the addition of the state MSAA regulatory provisions to the original NCCP/HCP strengthens the ability of the County, participating landowners and Wildlife Agencies to implement the NCCP/MSAA/HCP in a manner that addresses the long-term conservation requirements of all three statutory programs.

Draft NCCP/MSAA/HCP page 1-25

1994  NEPA/CWA Section 404 Integration process for Surface Transportation Projects applies to projects needing both FHWA action under NEPA and ACOE individual permit under section 404 of the CWA. The signatory agencies to NEPA/Section 404 MOU include FHWA, EPA, ACOE, USFWS, National Marine Fisheries (NMFS) and Caltrans. https://babel.hathitrust.org/cgi/pt?id=ien.35556035565274&view=1up&seq=32 page ES-2
September 1994 Eastern Transportation Corridor Agency Final Environmental impact Statement Volume 2 of 4 TCA EIS 2-1
September 1994 Eastern Transportation Corridor State Route 231 Final Environmental Impact Statement Volume 4 of 4 TCA EIS 2-1
September 29, 1994 NCCP Act of 1991 lists the California Pacific Pocket Mouse as an endangered species. page ES-5 Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP ES-5
December 16, 1994 NCCP Act of 1991 lists the California Southwestern Arroyo toad as an endangered species. page ES-5 Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP ES-5
1995-96

RMV DID NOT SIGN THE NCCP AGREEMENT FOR THE SOUTHERN REGION

A combination of the lengthy recession and a need by RMV to re-think its estate planning resulted in the Southern Subregion program going into hiatus, a pause that lasted until the middle of 1997. During this pause in the process, RMV and the County re-considered the overall scope of the NCCP/HCP process and decided to expand the overall planning process to address aquatic resources concurrent with upland resources through preparation of a Special Area Management Plan (SAMP) under the direction of the U. S. Army Corps of Engineers (USACE) and Master Streambed Alteration Agreement (MSAA) under the direction of CDFG as companion pieces to the NCCP/HCP.

RANCHO MISSION VIEJO DUBDIVIDES ADDITIONAL PARCELS
March 21, 1995

SUBDIVISION MAP ACT: RMV STARTS CREATING NEW PARCELS

Certificate of Compliance CC 95-01 Instrument No: 199500112516, further subdivided Parcel 7 of CC-82-2 and established 8 new parcels.

Owner of Record: San Juan Partnership No. 1
28811 Ortega Highway PO Box 9
San Juan Capistrano CA 92693
Anthony Moiso, General Partner
Richard J O'Neill, General Partner

The 241 Subdivides Parcel 3 and Parcel 4. Oso Parkway splits Parcel 1 from Parcel 3 and Parcel 2 from Parcel 4.

Continue to PART 6 TIMELINE 1995 - 2006

  

PUBLIC SCOPING COMMENT PART 6 TIMELINE

 

| PART 1 | PART 2 | PART 3 | PART 3 CONTINUED | PART 4 | PART 5 | PART 6

 

Continued from TImeline 1967 to 1995

TIMELINE PART TWO 1995 -  2006
NCCP/HCP/CENTRAL AND COASTAL SUBREGION
December 1995 The public review process for the Draft NCCP/HCP commenced in December 1995 with the 45-day public notice review period. Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP page ES-21
February 1996 Orange County conducted Public Hearings NCCP/HCP Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP page ES-21
March 1996 Orange County conducted Public Hearings NCCP/HCP Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP page ES-21
April 1996 Orange County conducted Public Hearings NCCP/HCP Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP page ES-21
April 16, 1996  The Orange County Board of Supervisors approved the NCCP/HCP, Joint EIR/EIS and Implementation Agreement on April 16, 1996 Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP page ES-21
July 17, 1996

The NCCP/HCP, Joint EIR/EIS and Implementation Agreement were distributed under a single cover by the County of Orange to facilitate public review of the project, The Overall project documentation is presented in several parts:

  • Introduction (PART 1) that provides planning and regulatory background information.
  • NCCP/HCP (PART II) that contains the substance of the adopted subregional conservation strategy
  • Joint EIR/EIS (PART 3) that evaluates environmental consequences of the alternatives
  • Implementation Agreement (PART 4) that outlines specific enforceable measures and mechanisms that are required to effectively implement the NCCP/HCP
  • a MAP Section, separately bound, containing all figures referenced in the texts of Parts I through IV; and
  • appendices.

Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP page ES-1

1996

NCCP approved for Coastal/Central Subregion Implementation Agreement signed by 

  • California Natural Resources Agency
  • California Department of Fish and Game
  • California Department of Forestry and Fire Protection
  • California Department of Parks and Recreation
  • United States Fish and Wildlife Service
  • County of Orange
  • Foothill/Eastern Transportation Corridor Agency
  • San Joaquin Hills Transportation Corridor Agency
  • The Irvine Company
  • Irvine Ranch Water District
  • Metropolitan Water District of Southern California
  • Southern California Edison
  • The Orange County Fire Authority
  • Santiago County Water District
  • The Regents of the University of California
  • Chandis Securities Company
  • Sherman Foundation
  • M.H. Sherman Company
  • Orange County Flood Control District
  • City of Irvine
  • City of Tustin

Natural Community Conservation Plan for the Central/Coastal Orange County Subregion of the Coastal Sage Scrub Natural Community Conservation Program Implementation Agreement

California Department of Fish and Wildlife: NCCP Plan Summary- County of Orange (Central/Coastal) NCCP/HCP

NCCP/HCP SOUTHERN SUBREGION
1993- 1997 The period between 1993 and 1997 constitutes the first phase of the overall NCCP planning process for the Southern Subregion in that the original NCCP/HCP was designed in much the same way as the Coastal and Central Subregion NCCP/HCP. U.S. FIsh and Wildlife Service Biological Opinion 1-06-07-F-812.8 page 4
1995-96

In 1995-96, a combination of the lengthy recession and a need by RMV to re-think its estate planning resulted in the program going into hiatus, a pause that lasted until the middle of 1997. During this pause in the process, RMV and the County re-considered the overall scope of the NCCP/HCP process and decided to expand the overall planning process to address aquatic resources concurrent with upland resources through preparation of a Special Area Management Plan (SAMP) under the direction of the U. S. Army Corps of Engineers (USACE) and Master Streambed Alteration Agreement (MSAA) under the direction of CDFG as companion pieces to the NCCP/HCP. Accordingly, in 1998 when the four State/Federal agencies had agreed to a comprehensive planning approach, the planning process was re-initiated as a two-part program with the NCCP/HCP as one component addressing upland species/natural communities and the MSAA/SAMP as a concurrent component addressing aquatic species and communities.1 

It should be noted that in late 2004, the participating landowners decided to transfer the MSAA to become a part of the NCCP/MSAA/HCP while leaving the SAMP as a stand-alone Federal document. The decision to make the MSAA a part of the NCCP/MSAA/HCP document meant that the County of Orange became the Lead agency under California Environmental Quality Act (CEQA) for both the NCCP and the MSAA. The USACE continued to be the Lead agency under National Environmental Policy Act (NEPA) for the SAMP document.

Lead Agency for CEQA for NCCP/MSAA is the County of Orange

Lead Agency for SAAMP is the US Army Corps of Engineers

U.S. FIsh and Wildlife Service Biological Opinion 1-06-07-F-812.8 page 5

1996 California Legislature enacted Chapter 1154 (A.B. 3020), which extended the SR 241 route by transfer from former Route 231: "Route 5 south of San Clemente to Route 91 in the City of Anaheim." Statutes of California and Digests of Measures, Volume 5 page 8356
April 1996 Foothill Transportation Corridor - South Major Investment Study (MIS, Michael Brandman Associates, April 1996). EIS/SEIR and Draft Sections 4(f) Evalusation for the South Orange County Infrastructure Improvement Project (SOCTIIP) page 2-46. The MIS is on file at the TCA. 
1997 

Southern Subregion Reserve Design Principles prepared by Science Advisors 

In 1997, The Nature Conservancy convened a team of “Science Advisors” to assist in restarting the NCCP /HCP process. The purpose of the Science Advisors’ effort was to provide program participants with recommended guidance on matters relating to the design of a subregional Habitat Reserve, principles for preparing and implementing an adaptive management program, and recommendations concerning future regulatory decisions by the USFWS and CDFG regarding Take authorizations for threatened and endangered species and other species of interest. Draft NCCP/MSAA/HCP page 1-14

RMV SELLS THE CAPISTRANO UNIFIED SCHOOL DISTRICT TWO PARCELS OF LAND TO BUILD CHIQUITA CANYON HIGH SCHOOL AKA TESORO HIGH SCHOOL
March 31 1997

San Juan Partnership No. I sold two parcels of land to the Capistrano Unified School District to  build Chiquita Canyon High School, aka Tesoro High School. 

Instrument No: 19970143928 was a Grant Deed recorded on March 31, 1997

See also: Capistrano Unified School District Toll Road Facts 

Legal Description:

"That portion of Parcel 3 of Certificate of Compliance CC95-01 in the Unincorporated Territory of the County of Orange, State of California recorded March 21, 1995 as Instrument No 95-0112516" 

Certificate of Compliance CC 95-01 originated from Certificate of Compliance CC-82-2.

The Capistrano Unified School District paid $4.85 million for a total of [75.1539 acres]

Parcel 125-096-69 Lot for Main Campus: [65.19 acres], plus

Parcel 125-096-82 Lot for Road and Utility Purpose: [4.8519 acres], plus

Parcel 125-096-82 Lot for Slope Drainage [5.112 acres]

Valuable Consideration:

On 5/13/1997 CUSD paid $2.6 million through Fund 13 which at that time was the State School Building Fund

On 5/21/1997 CUSD paid $2.25 million from CFD 90-1

Large portions of Parcel 125-096-69 and Parcel 125-096-82 are contained in the Habitat Reserve south of Oso Parkway and west of "Modified "F" Street". 

Parcel 125-096-69 Lot for the Main Campus is shown below:

Parcel 125-096-82 is two pieces:

Lot for Road and Utility Purpose: Parcel 125-096-82 [4.8519 acres]

Lot for Slope Drainage Parcel 125-096-82 [5.112 acres]

FORMATION OF NCCP/MSAA/HCP and SAMP FOR THE DEVELOPMENT OF RANCHO MISSION VIEJO
1998 Science Advisors published a final report in 1998 and this report has been incorporated into planning for the Southern Subregion (Appendix B). In fact, the Reserve Design Principles prepared by the Science Advisors were adopted as the Subregion Reserve Design Guidelines by the resource agencies and other program participants during the identification and evaluation of alternative open space/reserve designs for the Southern NCCP/MSAA/HCP and set forth in Chapter 6. Draft NCCP/MSAA/HCP page 1-14 and 1-29
1998 

During this pause in the Southern Subregion process, RMV and the County re-considered the overall scope of the NCCP/HCP process and decided to expand the overall planning process to address aquatic resources concurrent with upland resources through preparation of a Special Area Management Plan (SAMP) under the direction of the U. S. Army Corps of Engineers (USACE) and Master Streambed Alteration Agreement (MSAA) under the direction of CDFG as companion pieces to the NCCP/HCP. Accordingly, in 1998 when the four State/Federal agencies had agreed to a comprehensive planning approach, the planning process was re-initiated as a two-part program with the NCCP/HCP as one component addressing upland species/natural communities and the MSAA/SAMP as a concurrent component addressing aquatic species and communities.

Four Lead Agencies: U.S. Fish and Wildlife Service, The County of Orange, California Department of Fish and Game, and the U.S. Army Corps of Engineers.

In addition to the NCCP/MSAA/HCP and the SAMP, a further part of the coordinated planning process for the Southern Subregion was the processing by RMV through the County of Orange of a General Plan Amendment/Zone Change (GPA/ZC) for its property. Processing of a GPA/ZC for the RMV property set land uses and allowed the plan participants to evaluate avoidance, minimization and mitigation measures.

Jan 22, 1998 California Department of Fish and Game adopt Guidelines for NCCPs. These Guidelines, based on the 1991 NCCP Act, address “Key Plan Elements,” including assurances and provide substantive guidance for Fish and Game Code Section 2835 and 2081 consistency determinations.  Draft NCCP/MSAA/HCP page 1-28
May 14, 1998

On May 14, 1998, a second public Scoping Meeting was held for the Southern Subregion NCCP planning process. After conducting the 1998 Scoping meeting the local participants (County and landowners) reviewed the submitted public comments and the recent regulatory experience of participating landowners in the Central and Coastal Subregion NCCP/HCP program to assess whether it was advisable to conduct the NCCP/HCP planning process without also initiating a watershed-level planning and permitting program capable of addressing impacts to aquatic resources subject to the requirements of the Federal Clean Water Act (CWA) (Section 404) and the state Fish and Game Code (Sections 1600-1603). It was determined that a future NCCP/HCP for the Southern Subregion should be prepared either concurrently or in close coordination with the preparation of a Special Area Management Plan and a Master Streambed Alteration Agreement (SAMP/MSAA) that would address the need to avoid, minimize and/or mitigate potential impacts to aquatic resources on a watershed level. 

After meeting with the state and federal agencies (CDFG, USFWS and U.S. Army Corps of Engineers [USACE]) that would be involved in preparing and coordinating the preparation and approval of the NCCP/HCP and SAMP/MSAA documents, the County and participating landowners began coordinating NCCP/HCP planning with preparation of a SAMP/MSAA that would cover those portions of both the San Juan Creek Watershed and San Mateo Creek Watershed located within the County of Orange. Coordinated planning was facilitated by the initiation of a General Plan Amendment and Zone Change process for the 22,815-acre Rancho Mission Viejo property, the only large unplanned private ownership remaining within the Subregion.

 Draft NCCP/MSAA/HCP page 1-14

1998 

Second scoping meeting held for Southern Subregion 

Accordingly, in 1998 when the four State/Federal agencies had agreed to a comprehensive planning approach, the planning process was re-initiated as a two-part program with the NCCP/HCP as one component addressing upland species/natural communities and the MSAA/SAMP as a concurrent component addressing aquatic species and communities.1

In addition to the NCCP/MSAA/HCP and the SAMP, a further part of the coordinated planning process for the Southern Subregion was the processing by RMV through the County of Orange of a General Plan Amendment/Zone Change (GPA/ZC) for its property. Processing of a GPA/ZC for the RMV property set land uses and allowed the plan participants to evaluate avoidance, minimization and mitigation measures.

1998 Decision made to address aquatic resources through a Special Area Management Plan and Master Streambed Alteration Agreement 
1999

The AROE prepares a draft SAMP for the San Juan Creek and Western parts of San Mateo Creek Watersheds consists of a comprehensive wetland planning effort. The draft SAMP identified wetlands and Waters of the United States. Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program Volue I: Eecutive Summary page ES-10

March 1999 Pursuant to the NEPA/Section 404 MOU, a purpose and need statement was approved for the SOCTIIP. Between August 1999 and November 2000, the SOCTIIP collaborative developed a list of project alternatives needing both FHWA action under NEPA and an ACOE individual permit under Section 404 of the CWA. Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program Volue I: Eecutive Summary page ES-2

VIOLATION OF THE SUBDIVISION MAP ACT

Tesoro High School sits on four parcels of land: Parcel 125-096-59, Parcel 125-096-60, Parcel 125-096-69 and Parcel 125-096-82.

Parcel 125-096-82 and portions of Parcel 125-096-69 are in the Habitat Reserve.

All the waste water discharge for "F" Street, the Oso Bridge Project and the Oso Bridge Gap Closure Project is designed to flow onto Parcel 125-096-82 and underneath Tesoro High School creating a permant tresspass of water onto and underneath the School.

May 1999

In May 1999; due to environmental restrictions (It appears that RMV sold CUSD land that was dedicated to the Habbitat Reserve), CUSD had to alter the design of Tesoro High School. The design of the school was flipped, and CUSD was forced to purchase two additional parcels of land in order to build sports fields.

On July 1, 1999 DMB San Juan Investment North, LLC a successor-in-interest to San Juan Partnership No. I, LLC  sold for valuable consideration Parcel A (aka 125-096-59) and Parcel B (aka 125-096-60) to the Capistrano Unified School District. 

Instrument No: 20000330046 was a Grant Deed recorded on June 23, 2000.

See also: Capistrano Unified School District Toll Road Facts 

Legal Description for the Additional Area Tesoro High School: "That portion of Parcel 3 of Certificate of Compliance CC95-01 in the Unincorporated Territory of the County of Orange, State of California recorded March 21, 1995 as Instrument No 95-0112516".

The Capistrano Unified School District paid $1.944 million to San Juan Partnership No I, LLC.

Sports Field Parcel A aka Parcel #125-096-59 [2.439 acres] 

Sports Field Parcel B aka Parcel #125-096-60 [7.576 acres] 

Valuable Consideration: 

On 7/31/1999 CUSD paid $1.94 million from CFD 98-2

July 1, 1999

Capistrano Unified School District owned four parcels of land which comprised the entire Tesoro High School Campus.

Parcel 125-096-59

Parcel 125-096-60

Parcel 125-096-69

Parcel 125-096-82

The school opened in September 2001.

Parcel 125-096-82 and portions of 125-096-69 have been used and continue to be used as Habitat Reserve.

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August 1999 -November 2000 Between August 1999 and November 2000, the NEPA/Section 404 MOU signatory agencies developed a list of project alternatives to be evaluated in the EIS/SEIR. Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program (SOCTIIP) Volume I: Eecutive Summary page ES-2
1999- 2004 

Baseline data/studies prepared. 

In the early 2000s, the alignment for the southern portion of the FTC (a 16-mile segment from Oso Parkway to the Route 5 south of San Clemente). The six possible alignments, included three that went around the east side of the City of San Clemente and connected to Route 5 south of San Clemente as set forth in Streets and Highways Code section 541. Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program (SOCTIIP) Volume I: Eecutive Summary page ES-3

September 19, 2000 SAMP DOCUMENT Planning Level Delineation for the SJC/WSMC Watershed SAMP (September 19, 2000)
October 2000 SAMP DOCUMENT Assessment of Riparian Ecosystem Integrity for SJC/WSMC Watershed SAMP (2000)

Lead Agencies specified

The California Department of Fish and Game (CDFG) was to oversee compliance of the RMV development with the California Endangered Sepcies Act (CESA) through the NCCP and Master Streambed Alteration Agreement (MSAA) pursuant to Section 1600 of the California Fish and Game Code.

The US Fish and Wildlife (USFWS) and the US Army Corps of Engineers (ACOE) were engaged in a cooperative effort, in overseeing compliance with the Federal Endangered Speciaes Act (ESA) throught the preparation of the NCCP/Habitat Conservation Plan (50 C.F.R Section 13.0) and the CWA through Section 404 Permit Process (33 C.F.R. Section 230).

The Primary undeveloped area in south Orange County is RMV, which is why the NCCP and SAMP Plans are being concurrently processed with the RMV development proposal.

The County of Orange is the lead agency, in cooperation with CDFG, for preparation of the Southern Subregion NCCP.

Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program (SOCTIIP) Volume I: Eecutive Summary page ES-9

2001

SCAG is the federally designated (MPO) Metropolitan Planning Organization for the six county region which includes Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura Counties.As the MPO, SCAG is required to adopt and periodically update a RTP. The FTC-S is shown in the 2001 RTP as an extension of the existing FTC-N from the San Diego County line to Oso Parkway, with two mixed flow lanes in each direction by 2010 and two additional mixed flow lanes in each direction by 2015. AN alignment similar to the alignment of the FEC-M Alternative is mapped in the RTP as a programed part of the transportation network baseline and is assumed in the modeling for the RTP.

Any SOCTIIP alignment would also need to be consistent with The South Coast Air Quality Management District (AQMD) and SANDAG the State and Federally designated MPO responsible for regional transportation planning for San Diego County.

The Orange County Transportation Authority (OCTA) develops and implements unified transportation programs and services for Orange County. The OCTA administers the County's MPAH. Projects must be on the MPAH to be implemented. Any SOCTIIP alinment would have to be consisten with the FTC-S as shown on the MPAH  Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program Volue I: Eecutive Summary page ES-11

June 14, 2001

Scoping Meeting

The public participation process for the Southern Subregion involved three separate and independent elements:

1) public workshops conducted by the four lead agencies (Service, County, CDFG, USACE);

2) convening of an “Ad Hoc” group by The Nature Conservancy (TNC); and

3) creation of a citizen outreach program by the County Supervisor with responsibility over the District that includes the 22,815-acre (ac) (9,233-hectare (ha)) RMV property.

SUBDIVISION MAP ACT VIOLATION: SANTA MARGARITA WATER DISTRICT FLOW CONTROL FACILITY 
July 23, 2001

On July 23, 2001, the Capistrano Unified School District recorded a Grant Deed to Rancho Santa Margarita Water District for 0.287 acres of land for the Santa Margarita Water District Flow Control Facility. Current Land Records show that the Santa Margarita Water District Flow Control Facility currently sits on Parcels 125-096-04 and 125-096-68.

These parcels never belonged to the Capistrano Unified School District. 

Current Orange County Land Records show that the land that the Santa Margarita Water District Flow Control Facility sits on originated from:

CC 82-2 Instrument No. 198200313505

CC 95-01 Instrument No. 199500112516 

CC 2001-01 Instument Number 200100508635

CC 2004 Instrument Number 2004000978175  is also associated with these same parcels

CC 2011-01 Instrument Number 201100677171 is also associated with these same parcels

Why is the Capistrano Unified School District executing a Grant Deed for Parcel 125-096-68 (land it never owned) to Santa Margarita District on July 21, 2001? Three days before RMV transferred all of these Parcels into CC 2001-01 (The Right of Way for SR 241)

RMV, CUSD and the Santa Margarita Water District need to Quiet Title on all the Parcels south of Oso Parkway Bridge. They have been placed into the Habitat Reserve, sold to the Capistrano Unified School District and the Right of Way for SR 241.

Current County of Orange Land Records do not show the existance of the July 23, 2001 Grant Deed from the Capistrano Unified School District to the Santa Margarita Water District.

See below: 

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The July 23, 2001 Grant Deed 

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July 26, 2001

In July 2001 all four of CUSDs' parcels were transferred into Certificate of Compliance CC 2001-01 by entities that did not own them.

The owner of record for Parcels 125-095-59, 125-096-60 and 125-096-69 is DMB San Juan Investment North, LLC

The owner of record for Parcel 125-096-82 is San Juan Partnership III.

CC-2001-01 is the Right-of-Way for the Tesoro Extension of the 241 Toll Road from the Oso Parkway continuing south towards the Orange County/ San Diego County line 

In 2001 San Juan Partnership No. 1 and DMB San Juan Investment North LLC entered into an agreement to transfer land owned by the Capistrano Unified School District to the TCA as part of the right-of-way for the 241 Extension of the Toll Road.

San Juan Partnership No. 1 and DMB San Juan Investment North LLC had no legal right to claim ownership and encumber all four parcels of land under Tesoro High School.

 

August 2001 A (NOI) Notice of Intent to prepare an EIS for the South NCCP was initiated. Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program Volue I: Eecutive Summary page ES-10
2001

Working Group Meetings

These meetings were established to provide coordination at a both a technical and policy level between the County, RMV, SMWD and the Service and CDFG during plan preparation. These meetings were attended by the Service, CDFG, County, RMV, occasionally SMWD, lawyers retained by RMV, and the County’s NCCP consultants. The meetings consisted of all-day working sessions to discuss schedule and progress on the plan, technical elements of species accounts, conservation analyses, implementation approaches, and policy language for incorporation into the draft and final HCP and IA. Department of the Interior Solicitor’s Office staff and the CDFG legal staff occasionally attended these meetings. In total, the Working Group held 53 meetings. Five meetings were held in 2001 beginning in October and ending in December. Seventeen meetings were held in 2002 beginning in February and ending in December. Six meetings were held in 2003 beginning in April and ending in November. Five meetings were held in 2004 beginning in January and ending in July. Fourteen meetings were held in 2005 beginning in March and ending in December. In 2006, five meetings were held between March and August.

2001- 2006 Public meetings held to brief interested persons 
June 14, 2001

June 14, 2001 Scoping Meeting NCCP/MSAA/HCP

In preparation for the NOP and NOI, a June 14, 2001, Scoping Meeting was conducted jointly by the County of Orange, USFWS, CDFG, and USACE for the Southern NCCP/HCP and the San Juan Creek Watershed and San Mateo Creek Watershed SAMP/MSAA. During this joint Scoping Meeting, the agencies discussed the intent to implement a coordinated planning process that would include the NCCP/HCP and SAMP/MSAA planning components. Draft NCCP/MSAA/HCP page 1-15 and 1-17

August 2001 A Notice of Intent (NOI) to prepare an EIS  Draft EIS/SEIR and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure  Improvement Project (SOCTIIP) page ES-9 
September 13, 2001 To formally initiate the coordinated planning effort for the NCCP/HCP, SAMP/MSAA and GPA/ZC processes, the County published a Notice of Preparation (NOP) on September 13, 2001.  Draft NCCP/MSAA/HCP page 1-15
October 2001 Scoping Report Special Management Area Plan (SAMP) for the San Juan Creek and Western San Mateo Creek Watersheds Orange County, California
November 8, 2001 To formally initiate the coordinated planning effort for the NCCP/HCP, SAMP/MSAA and GPA/ZC processes, the USFWS issued a Notice of Intent (NOI) on November 8, 2001. 
December 2001

Public Workshops

The four lead agencies initiated a series of joint “Public Workshops.” The Public Workshops preceded and contributed information important to the completion of the “Draft” NCCP/MSAA/HCP, EIS/EIR and IA. Beginning in December, 2001, a total of six public workshops were held. Draft NCCP/MSAA/HCP page 1-17

2002-2003

USFWS and ACOE held informational meetings on Resource planning for the South Subregion NCCP and SAMP. The NCCP and SAMP are separate projects that had separate environmmental documents. Draft EIS/SEIR and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure  Improvement Project (SOCTIIP) page ES-10

2002

The Nature Conservancy (TNC) Ad Hoc Group Meetings 

In support of the Public Workshops, TNC convened an “Ad Hoc” group designed to involve representatives of the involved agencies, environmental groups and local landowners in constructive dialogue within a smaller setting that could focus on NCCP/HCP and SAMP/MSAA issues. In total, the TNC Ad Hoc Group met seven times in 2002 beginning in March and ending in October. Attendees at the Ad Hoc Group meetings included staff from the Service, CDFG, County, the participating landowners and members of the environmental community including Endangered Habitats League, Starr Ranch Audubon Society and Sierra Club. Draft NCCP/MSAA/HCP page 1-18 U.S. FIsh and Wildlife Service Biological Opinion 1-06-07-F-812.8 page 6

2002

RMV filed GPA/ZC application

In addition to the NCCP/MSAA/HCP and the SAMP, a further part of the coordinated planning process for the Southern Subregion was the processing by RMV through the County of Orange of a General Plan Amendment/Zone Change (GPA/ZC) for its property. Processing of a GPA/ZC for the RMV property set land uses and allowed the plan participants to evaluate avoidance, minimization and mitigation measures. Draft NCCP/MSAA/HCP page 1-18

2002

SCORE PROCESS South County Review and Evaluation (SCORE) program.

The overall goal of the SCORE program was to establish and maintain positive and constructive communications among all potentially interested parties including members of the RMV development team, Orange County staff and appointed officials, representatives of all the neighboring jurisdictions, representatives of specific community interest groups, and members of the public at large.

Supervisor Wilson convened two task forces to review RMV development issues, one to address land use and one to address urban runoff. Each task force was given a scope for review (the charge) and a set of ground rules for operation. The Land Use Task Force met a total of 14 times, and the Urban Runoff Task Force met 6 times. The task forces produced a joint report containing commentary based on their review of certain preliminary reserve design concepts and a list of potential solutions to address urban runoff issues. This report was presented to the Orange County Planning Commission on October 23, 2002. Draft NCCP/MSAA/HCP page 1-18 U.S. FIsh and Wildlife Service Biological Opinion 1-06-07-F-812.8 page 7

October 23, 2002 Supervisor Wilson convened two task forces to review RMV development issues, one to address land use and one to address urban runoff. Each task force was given a scope for review (the charge) and a set of ground rules for operation. The Land Use Task Force met a total of 14 times, and the Urban Runoff Task Force met 6 times. The task forces produced a joint report containing commentary based on their review of certain preliminary reserve design concepts and a list of potential solutions to address urban runoff issues. This report was presented to the Orange County Planning Commission on October 23, 2002. U.S. FIsh and Wildlife Service Biological Opinion 1-06-07-F-812.8 page 7
February 24, 2003 The environmental documentation process was initiated by the Orange County with the release of a Notice of Preparation (NOP) to prepare an EIR. Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program Volue I: Eecutive Summary page ES-9
July 2003 Based on the 1992 Camp Pendleton Statement of Intent and the June 2002 MOA, the SOCTIIP Collaborative concurred with the removal fo the far East Corridor--Cristianitos Variation (FEC-CV), Far East Corridor - Agricutural Fields variation (FEC-AFV), Alignment 7 Corridor-Far East Crossover (Cristianitos) Variation (A7C-FECV-C), and Alignment 7 Corridor-Far East Crossover (Agricultural fFelds) Variation (A7C-FECV-AF). Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program Volue I: Eecutive Summary ES-14
August 2003 The SOCTIIP Collaborative concured on alternatives to be carried forward and evaluated in the EIS/SEIR Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program Volue I: Eecutive Summary page ES-2. 
April 26, 2004 

The following three major projects are planned in the SOCTIIP study area:

1) The Ranch Plan Development. 

2) the Southern Subregion Natural Community Conservation Plan (NCCP) and

3) (SAMP) Special Area Management Plan

the 3 plans are being developed cooperatively but are separate projects that will have separate enviornmental documents.

The California Department of Fish and Game (CDFG) will oversee the compliance of RMV with the California Endangered Species Act (CESA) through the NCCP and watercourse alteration through the Master Streambed Alteration Agreement (MSAA) puursuant to Section 1600 of the CA Fish and Game Code. The USFWS and the ACOE are engaged, in a cooperative effort, in overseeing compliance with the Federal Endangered Species Act (ESA) through the preparation of the NCCP/Habitat Conservation Plan (50 C>F>R Section 13.0) and the CWA through Section 404 Permit Process (33 C.F.R section 230). The primary undeveloped area in south Orange County is RMV, which is why the NCCP and SAMP plans are being concurrently processed with RMV development proposal. Although there are a multitude of federal and state agencies involved in the planning process, the County of Orange is the lead agency, in cooperation with CDFG, for the preparation of the Southern Subregion NCCP. Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program Volue I: Eecutive Summary page ES-9

June 7, 2004

Rancho Mission Viejo Conceptual Water Quality Management Plan Project Number PW0087 June 7, 2004 

Pollutants page 46 - 51

  • Pathogens (bacteria indicators)
  • Sediment (Total Suspended Solids)
  • Nutrients (Ammonia, Nitrate, and Total Phosphorus)
  • Trace Metals (Aluminum, Cadmium, Copper, Lead and Zinc)
  • Hydrocarbons (Oil and Grease, Polycyclic Aromatic Hydrocarbons
  • Pesticides
  • Trash and Debris

WQMP for Canada Chiquita Sub-basin page 91

Canada Chiquita is one of the few naturlly perennial streams in the watershed and contains riparian habitat, freshwater and alkaline marsh, and slope wetlands. The relatively high proportion of permeable soils and low percentage of developed area result in a relatively low runoff and sediment yields of the sub-basins in the wtershed. Many of the laterial tributaries are chennel-less swales.

Cumulative Impact Analysis San Juan Creek Watershed page 319

August 2004 SAMP DOCUMENT Riparian Ecosystem Restoration Plan for San Juan Creek and Western San Mateo Creek Watersheds: General Design Criteria and Site Selection (2004)
Late 2004

In late 2004, the titles of the draft Southern Subregion NCCP/HCP Planning Guidelines and the SAMP/MSAA Watershed and Sub-basin Planning Principles documents were modified to delete the references to the NCCP/HCP and SAMP/MSAA, respectively, in their titles. The revised document titles now are “Draft Southern Subregion Planning Guidelines” (hereafter called the Draft Southern Planning Guidelines) and the Draft Southern Subregion Watershed and Sub-basin Planning Principles” (hereafter called the Draft Watershed Planning Principles). These document title changes were implemented in conjunction with the decision by participating landowners to move the MSAA from the SAMP program to become part of the NCCP/MSAA/HCP program in order to eliminate any potential confusion concerning the evolution, purpose and content of the “guidelines” and “principles” documents. From the outset of the overall coordinated planning process for the Southern Subregion, the draft “Southern Planning Guidelines” and “Draft Watershed Planning Principles” were designed to be prepared concurrently and be used to guide and evaluate Habitat Reserve alternatives and the planning, restoration and management policies contained in the NCCP/HCP and SAMP/MSAA. The transfer of the MSAA to become a part of the NCCP/MSAA/HCP does not affect the application, purposes or content of either the draft Southern Planning Guidelines or Watershed Planning Principles documents and they continue to be used for their originally-intended purposes. DRAFT NCCP/MSAA/HCP Chapter 1 1-16 July 2006 The decision to make the MSAA a part of the NCCP/MSAA/HCP document means that the County of Orange becomes the Lead agency under CEQA for both the NCCP and the MSAA. The USACE would continue to be the Lead agency under NEPA for the SAMP document. Study area boundaries would be unaffected by this change in organization, except for the fact that the MSAA would now cover the San Clemente Hydrologic Unit (see Figure 7-M) as part of the NCCP/MSAA/HCP. Under the former SAMP/MSAA, the San Clemente hydrologic unit was not covered because it was not part of either the San Juan Creek or San Mateo Creek watersheds.

The decision to transfer the MSAA to become a part of the NCCP/MSAA/HCP while leaving the SAMP as a stand-alone Federal document meant that the County of Orange in cooperation with (CDFG) California department of Fish and Game became the Lead agency under California Environmental Quality Act (CEQA) for both the NCCP and the MSAA.

The USACE continued to be the Lead agency under National Environmental Policy Act (NEPA) for the SAMP document.

The Ranch Plan, the Southern NCCP and the SAMP were now three separate projects with separate environmental documents.

Nov 8, 2004

GPA/ZC approved by Board of Supervisors

The Orange County Board of Supervisors adopted Resolution No. 04-291, which approved a General Plan Amendment (GPA) for the Ranch Plan Planned Community Project.

The Ranch Plan PC is located within an unincorporated area in southeast Orange County within unincorporated Orange County. The planned community of Ladera Ranch and the cities of San Juan Capistrano and San Clemente border the Ranch Plan Planned Community on the west. The planned community of Coto de Caza and the City of Rancho Santa Margarita border the northern edge of the site; the United States Marine Corps Base (MCB) Camp Pendleton in San Diego County borders the southern edge; and Caspers Wilderness Park, the Cleveland National Forest, and several private properties in Riverside County border the site on its eastern edge (see RMV is currently in the process of developing Planning Area 2 (PA-2) of the Ranch Plan PC. While "F" Street is located in a portion of PA-2, it is not needed for traffic circulation until development of Planning Area 3.

In addition to obtaining local approval of the Ranch Plan, RMV also coordinated with federal and State resource and regulatory agencies to obtain several subsequent approvals including: the Southern Subregion Habitat Conservation Plan (SSHCP) and associated Incidental Take Permit from the U.S. Fish and Wildlife Service, San Juan Creek and Western San Mateo Creek Special Area Management Plan (SAMP) and associated Long –Term Individual 404 Permit from the U.S. Army Corps of Engineers and a Master Streambed Alteration Agreement (MSAA) from the California Department of Fish and Wildlife (CDFW). The Ranch Plan and all supporting infrastructure including “F” Street are “Covered Activities” under these regulatory approvals.

Source: Background Conceptual Water Quality Management Plan (WQMP) "F" STreet (Oso Parkway to Cow Camp Road)

November 8, 2004 The Orange County Board of Supervisors approved GPA and ZC for the RMV Planning Area on November 8, 2004 in the form of the B-10 Modified Alternative. Subsequent to this action by the Board of Supervisors, the B-12 Alternative was developed to further address sub-basin-level Southern Planning Guidelines and the Watershed Planning Principals in addition to to the overall goals and objectives of the SAMP and NCCP/MSAA/HCP Programs.
Dec 2004 Lawsuits filed
April 2004 Draft Environmental Impact Statement/Subsequent Environmental Impact Report and Draft Section 4(f) Evaluation for the (SOCTIIP) South Orange County Transportation Infrastructure Improvement Project Volume 1 Executive Summary SCH No. 2001061046 12-ORA-241 Draft Environmental Impact Statement/Subsequent Environmental Impact and Draft Section 4(f) Evaluation for the South Orange County Transportation Infrastructure Improvement Program Volue I: Eecutive Summary
June 7, 2004 Rancho Mission Viejo Conceptual Water Quality Management Plan (WQMP)29
Aug 2005 Lawsuits settled; revised land plan results
November 21, 2005

Army Corps Of Engineers Special Public Notice 199916236-1-YJC (Alternative Permitting Process)

Army Corps Of Engineers Special Public Notice 199916236-2-YJC (non- RMV Subarea)

Army Corps Of Engineers Special Public Notice 199916236-3-YJC (RMV Subarea)

November  2005

SAMP DOCUMENT Draft SAMP released for public review:

Volume I Draft Environmental Impact Statement San Juan Creek and Western San Mateo Creek Watershed Special Area Management Plan (SAMP) November 2005

Volume I (2005): Draft Environmental Impact Statement

Volume II (2005): EIS Figures 

Volume III (2005): (Available Upon Request)

Participants in the SAMP:

Rancho Mission Viejo (RMV)

Santa Margarita Water District (SMWD)

(SOCTIPP) IS NOT PART OF THE SAMP Volume I page ES-IV

Permitting Process: Individual Permit/LOP

2006

Compliance With NCCP/MSAA/HCP and SAMP

As in the case of the NCCP/MSAA/HCP, the SAMP is a voluntary process. However, after the NCCP/MSAA/HCP and SAMP are approved and permits are issued, compliance with the terms and conditions of the permits is mandatory for signatories and will be enforced by the appropriate local, state and federal agencies. The purpose of the SAMP being prepared by the USACE as lead agency is to provide for the protection and long-term management of federally regulated sensitive aquatic resources (biological and hydrological) on a landscape level. To the extent feasible, federal waters, including wetlands, will be avoided and unavoidable impacts will be minimized and fully mitigated under the SAMP. The SAMP also is designed to enable economic uses to be permitted within the study area portions of the San Juan Creek and San Mateo Creek watersheds consistent with the requirements of federal law (CWA Section 404). Draft NCCP/MSAA/HCP page 1-19 1.3.2 The Need for a Coordinated Planning and Regulatory Process

Lead Agency Actions for NCCP/MSAA/HCP, SAMP and GPA/ZC

The County Board of Supervisors, acting as a lead agency, is responsible for reviewing and acting on the GPA/ZC, the NCCP and the MSAA. The County actions occur in two steps:

    • First, prior to completion of the NCCP/MSAA/HCP and SAMP, the Board of Supervisors certified the EIR for the GPA/ZC component (EIR 589), and approved the DRAFT NCCP/MSAA/HCP related actions including the EIR, General Plan Amendment, Zone Change, Development Agreement and related entitlements; and
    • Second, after acting on the GPA/ZC and related EIR, the County Board of Supervisors would need to complete its review and decide whether to certify the EIR for the NCCP and MSAA and to approve the NCCP/MSAA/HCP and the related IA.

After the County completes its review and actions on the GPA EIR and GPA/ZC application, and before it approves the draft NCCP/MSAA/HCP, the USFWS and CDFG would complete their reviews of the draft NCCP/MSAA/HCP and provide comments and suggested changes to the County. USACE also would complete the SAMP after the County approves the GPA/ZC application.

After the final drafts are prepared, and circulated for public review, the state and federal agencies reviews of the NCCP/MSAA/HCP and SAMP would proceed as follows:

The USFWS and CDFG would decide whether to approve the NCCP/MSAA/HCP. If approved,

      • the USFWS would issue the Biological Opinion, Record of Decision (ROD) and FESA Section 10 permits for Incidental Take of federally-listed Covered Species under the HCP component of the NCCP/MSAA/HCP
      • CDFG would issue its permits for Incidental Take of state-listed Covered Species under the NCCP and its streambed alteration agreements under the MSAA for CDFG Jurisdictional Areas; and
      • Covered Species that are not currently “listed” at the state and federal levels also would be designated as part of the NCCP/MSAA/HCP.

The USACE would complete its review and decide whether to issue final approval for the SAMP.

      • USACE would finalize the SAMP EIS and issue the ROD and approve relevant Section 404 permits and permitting procedures, related mitigation programs and a preferred Aquatic Resources Conservation Program for activities covered by the SAMP.  A Section 7 programmatic consultation would be completed with USFWS for the SAMP permitting procedures

Draft NCCP/MSAA/HCP page 1-21 1.3.4 Sequence of Lead Agency Actions for the NCCP/MSAA/HCP, SAMP and GPA/ZC

February 2006 In February 2006 the TCA certified the South Orange County Transportation Infrastructure Project (SOCTIIP) Final Subsequent Environmental Impact Report (FSEIR). The (FSEIR )identified a preferred alternative that consisted of a sixteen mile extension of State Route 241 from its southern terminus at Oso Parkway to connect to Interstate 5 just south of the Orange County and San Diego County border.  State of Califoria State Water Resources Control Board Order WQ 2014-0154 dated September 23, 2014 page 2State Petitioner’s Petition for Review of Waste Discharge Requirements Order No. R9-2013-0007 (SWRCB/OCC File A-2259), p. 4. Clearinghouse Number 2001061046 
February 23, 2006 On February 23, 2006, the TCA adopted CEQA findings for the preferred alternative and approved construction of the sixteen mile extension of State Route 241.4 Foothill/Eastern Transportation Corridor Agency Resolution No. F2006-02. The alignment selected was the A7C-FEC-M-Initial Alternative, also known as the "Green Alignment"State of Califoria State Water Resources Control Board Order WQ 2014-0154 dated September 23, 2014 Footnote #4
February 23, 2006

On February 23, 2006, TCA certified a Final Subsequent Environmental Impact Report (FSEIR) for the SOCTIIP project and filed a Notice of Determination.

In support of the FSEIR, TCA adopted findings and a statement of overriding considerations for the SOCTIIP project- a 16 mile segment of SR-241 from Oso Parkwkay to the Orange County/San Diego county line. TCA found that impacts to wild life, fisheries and vegetation could not be mitigated to a less than significant level.  

State of Califoria State Water Resources Control Board Order WQ 2014-0154 dated September 23, 2014 page 2 California Regional Water Quality Control Board Resolution No. R9-2015-0022 dated March 16, 2015. page 2, 

February 23, 2006

On February 23, 2006, the Petitioner adopted CEQA findings for the preferred alternative and approved construction of the sixteen mile extension of State Route 241. California Regional Water Quality Control Board Resolution No. R9-2015-0022 Resolution Supporting Denial of Revised Tentative Order No. R9-2013-007, Waste Discharge Requirements for Foothill/Eastern Transportation Corridor Agency, Tesoro Extension (SR241) Project, Orange County page 2

On February 23, 2006, and after a several year process involving numerous public hearings, the TCA Board adopted Resolution F2006-1 certifying Final Subsequent Environmental Impact Report TCA SEIR 4 ("2006 SEIR") for the SR-241 Foothill South Extension. That same day, the TCA Board also adopted Resolution F2006- 2 selecting the locally preferred alignment (the A7C-FEC-M-Initial Alternative, commonly called the "Green Alignment") in the DEIS/SEIR for the South Orange County Transportation Infrastructure Improvement Project ("SOCTIIP") (the "2006 Approvals"). Consistent with legislative enactments and state and regional transportation plans concerning SR 241, the Green Alignment connected to Route 5 south of San Clemente near Basilone Road in San Diego County. SR 241 has been adopted as a state highway by Resolution of the California Transportation Commission on July 9, 1993 and August 19, 1998, and has been declared to be a freeway. The Reserve Maintenance Corporation V. Foothill/Eastern Transportation Corridor Agency page 16

February 23, 2006

The 2006 SEIR and 2006 Approvals were challenged under the California Environmental Quality Act, Public Resources Code §§ 21000 et seq. (“CEQA”) by certain SSOC Members, and by the People and the CSPRC, in the 2006 CEQA Lawsuits. The NAHC also filed the NAHC Lawsuit, seeking to enjoin construction, development, and permitting of the alignment approved by the 2006 Approvals under Public Resources Code §§ 5097.94 and 5097.97.  The Reserve Maintenance Corporation V. Foothill/Eastern Transportation Corridor Agency page 17

March 23, 2006 On March 23, 2006, the California State Parks Commission and a number of environmental groups sued the Petitioner, challenging the adequacy of the FSEIR. That litigation was eventually dismissed without prejudice. Cal. State Parks Foundation, et al. v. Foothill/Eastern Transportation Corridor Agency (Super. Ct. San Diego County, Case Nos. GIN51194 and GIN 051371). State of Califoria State Water Resources Control Board Order WQ 2014-0154 dated September 23, 2014 Footnote #5
June 13, 2006

Because the sixteen mile extension of State Route 241 required a Clean Water Act section 404 permit from the Army Corps of Engineers, on June 13, 2006 the TCA submitted Water Quality Certification Application No. 06C-064 for SOCTIIP. The SOCTIIP toll road extension would have added approximately 16 miles of toll road to the current terminus of State Route 241 (SR 241) at Oso Parkway in Southern Orange County and extended the SR 241 south and parallel to lnterstate-5 (1-5) before merging with 1-5 near the Orange County-San Diego County Line. California Regional Water Quality Control Board Resolution No. R9-2015-0022  page 1 and State of Califoria State Water Resources Control Board Order WQ 2014-0154 page 2

Continue to PART 6 TIMELINE 2006- 2014 

PUBLIC SCOPING COMMENT PART 6 DOCUMENTATION


| PART 1 | PART 2 | PART 3 | PART 3 CONTINUED | PART 4 | PART 5 | PART 6 | PART 6(a) | PART 6 TIMELINE | PART 6 DOCUMENTATION |

 

Continued from Timeline 2014 to the Present

SUPPORTING DOCUMENTATION

 

PURSUANT TO A PUBLIC RECORDS REQUEST I RECEIVED THE FOLLOWING DOCUMENTS ON DECEMBER 19, 2019:

FOIA 20-0027 (SPL-2015-00054 ("F" Street from "A" Street to Oso Parkway, Rancho Mission Viejo)) 

Permit Applications to: USACOE, SDRWQCB AND CDFG "F" Street, Trail/Sidewalk & Associated Utilities project dated November 21, 2014.  https://drive.google.com/file/d/1YAAm_-r24ogxCpfPxShrh3pYP9zVl3gi/view?usp=sharing 

Permit Number:  SPL-2015-00054-G5 issued July 16, 2015. 

https://drive.google.com/file/d/1YeG6JF0xE4Ihk3guU35Vf64biXNuQjL-/view?usp=sharing 

 

FEDERAL LAW (NEPA)

National Environmental Policy Act (NEPA) 42 U.S.C §4321 et seq.  (1969) https://www.epa.gov/laws-regulations/summary-national-environmental-policy-act

Clean Water Act (CWA) 33 U.S.C §1251 et seq.  (1972) https://www.epa.gov/laws-regulations/summary-clean-water-act

The Clean Water Act is the primary federal law governing water pollution.

Lead Agency: U.S. Army Corps of Engineers

Section 404 of the CWA regulates the placement of dredged or fill material into wetlands, lakes, streams rivers, estuaries and certain other types of waters. The goal of Section 404 is to avoid and minimize losses to wetlands and other waters and to compensate for unavoidable loss through mitigation and restoration.  Section 404 is jointly implemented by EPA and the U.S. Army Corps of Engineers (Corps).  The Corps issues Section 404 permits and monitors compliance with the issued permits. 

Both the Corps and EPA are responsible for on-site investigations and enforcement of unpermitted discharges under CWA Section 404.  The joint implementation of the Section 404 enforcement program is outlined in a 1989 Memorandum of Agreement (MOA) between the agencies.

The Section 404 Permitting web page contains more detailed information. 

Endangered Species Act (ESA) 16 U.S.C. §1531 et seq. (1973) https://www.epa.gov/laws-regulations/summary-endangered-species-act

The Endangered Species Act (ESA) provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found. 

Lead Federal Agencies: United States Department of the Interior, Fish and Wildlife Services and the U.S. National Oceanic and Atmospheric Administration (NOAA) Fisheries Service

U.S. Fish and WIldlife prepares a Biological Opinion when an action is likely to adversely affect a listed species. The conclusion of the biological opinion will state whether the Federal agency has insured that its action is not likely to jeopardize the continued existence of a listed species and/or result in the destruction or adverse modification of critical habitat. 

Often, an action is reasonably certain to result in the incidental take of a species, but is not likely to jeopardize its continued existence. When this happens, the Service provides the Federal agency with an incidental take statement with the biological opinion. The anticipated incidental take is not subject to the take prohibitions of the ESA as long as the Federal agency or applicant implements the terms and conditions provided in the incidental take statement.

Incidental take permits (ESA Section 10 page 28)

Incidental take permits are required when non-Federal activities will result in take of threatened or endangered species. A habitat conservation plan or “HCP” must accompany an application for an incidental take permit. The habitat conservation plan associated with the permit ensures that the effects of the authorized incidental take are adequately minimized and mitigated.

NEPA 

Air Quality Implementation Plans Status of California Designated Areas

San Diego Regional Water Quality Control Board 

San Juan Creek and Western San Mateo Creek Watersheds SAMP Draft EIR Chapter 2.0 Project Coordination Efforts and Overview of Potential Projects

September 23, 2014 ORDER WQ 2014-15 In the Matter of the Petition of FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY For Review of the Denial of Waste Discharge Requirements, Revised Tentative Order No. R9-2013-0007 for the Tesoro Extension (SR 241) Project, Orange County by the California Regional Water Quality Control Board, San Diego Region SWRCB/OCC FILE A-2259 

September 23, 2014 CORRECTED CERTIFICATION: SWRCB/OCC File A-2259 In the Matter of the Petition of FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY For Review of the Denial of Waste Discharge Requirements, Revised Tentative Order No. R9-2013-0007 for the Tesoro Extension (SR 241) Project, Orange County by the California Regional Water Quality Control Board, San Diego Region SWRCB/OCC FILE A-2259 

San Juan Creek and Western San Mateo Creek Watershed Special Area Management Plan SAMP (Orange County)

SAMP

Planning Level Delineation for the SJC/WSMC Watershed SAMP (September 19, 2000)

Assessment of Riparian Ecosystem Integrity for SJC/WSMC Watershed SAMP (2004)

Riparian Ecosystem Restoration Plan for San Juan Creek and Western San Mateo Creek Watersheds: General Design Criteria and Site Selection (2004)

Volume I (2005): Draft Environmental Impact Statement

Volume II (2005): EIS Figures 

Volume III (2005): (Available Upon Request)

Volume IV (2005): Responses to Comments

Army Corps Of Engineers Special Public Notice 199916236-1-YJC (Alternative Permitting Process)

Army Corps Of Engineers Special Public Notice 199916236-2-YJC (non- RMV Subarea)

Army Corps Of Engineers Special Public Notice 199916236-3-YJC (RMV Subarea)

Biological Opinion for Southern Subregion Habitat Conservation Plan (2007)

 

US Army Corps of Engineers Documentation for San Juan Creek/Western San Mateo Creek Watershed SAMP (Orange County):  https://www.spl.usace.army.mil/Missions/Regulatory/SAMP-Permitting-and-Research/SAMP-Documents/

September 19, 2000: Planning Level Wetland Delineation and Geospatial Characterization of San Juan and Portions of San Mateo Watersheds, Orange County, California  https://www.spl.usace.army.mil/Portals/17/docs/regulatory/Projects/SAMP/Planning_Level_Delineation_for_SJCWSMC_Watershed.pdf?ver=2017-07-31-114300-797

October 2000: Assessment of Riparian Ecosystem Integrity In the San Juan/San Mateo Watersheds, Orange County, California  https://www.spl.usace.army.mil/Portals/17/docs/regulatory/Projects/SAMP/Assessment_of_Riparian_Ecosystem_Integrity_for_SJCWSMC_Watershed.pdf?ver=2017-07-31-114230-013 Page 1 "The Los Angeles District is conducting the SAMP in coordination with the existing and the proposed amendment to the Central - Coastal Natural Community Conservation Plan (NCCP)."

August 2004 Riparian Ecosystem Restoration Plan for San Juan Creek and Western San Mateo Creek Watersheds: General Design Criteria and Site Selection  https://www.spl.usace.army.mil/Portals/17/docs/regulatory/Projects/SAMP/Riparian_Ecosystem_Restoration_Plan_for_SJCWSMC_Watershed.pdf?ver=2017-07-31-114300-937

November 21, 2005 Special Public Notice: Letter of Permission procedures for areas within RMV Planning Area in the San Juan Creek/Western San Mateo Creek Watershed Special Area Management Plan.   https://www.spl.usace.army.mil/Portals/17/docs/regulatory/Projects/SAMP/Public_Notice_for_SJCWSMC_Watershed_SAMP_RMVSubarea.pdf?ver=2018-01-01-101113-913 Page 5 "The SAMP cooperative process will result in two products: an alternate permitting system to authorize the discharge of dredged and/or fill materials into WoUS while protecting higher value aquatic resources and a comprehensive aquatic resources conservation program. The alternate permitting system involves the establishment of abbreviated permit procedures in the form of an RGP and LOPs in combination with the use of certain NWPs."

November 21, 2005 Special Public Notice: Letter of Permission procedures for areas outside RMV Planning Area in the San Juan Creek/Western San Mateo Creek Watershed Special Area Management Plan.  https://www.spl.usace.army.mil/Portals/17/docs/regulatory/Projects/SAMP/Public_Notice_for_SJCWSMC_Watershed_SAMP_Non-RMVSubarea.pdf?ver=2018-01-01-101111-197

November 2005 Environmental Impact Statement for the SJC/WSMC Watershed SAMP

▪ Volume I: Draft Environmental Impact Statement San Juan Creek and western San Mateo Creek Watershed Special Area Management Plan (SAMP) https://www.spl.usace.army.mil/Portals/17/docs/regulatory/Projects/SAMP/EIS%20for%20SJCWSMC%20SAMP%20(Vol%201).pdf?ver=2018-03-26-191927-697
Volume 2
▪ Volume 3 (available upon request)
10 Volume 4: Enviornmental Impact Statement San Juan Creek and Western San Mateo Creek Watershed Special Area Management Plan (SAMP) Volume IV: Responses to Comments   https://www.spl.usace.army.mil/Portals/17/docs/regulatory/Projects/SAMP/EIS%20for%20SJCWSMC%20SAMP%20(Vol%204).pdf?ver=2018-03-26-191826-010

July 2006 Appendix S Rancho Mission Viejo Covered Activities   https://www.fws.gov/carlsbad/HCPs/SOOCSRHCP/Orange%20County%20Southern%20Subregion%20HCP%20Appendices/Appendix%20S%20-%20RMV%20Covered%20Activities/Appendix%20S%20-%20RMV%20Covered%20Activities.pdf

11January 10, 2007 U. S. Fish and Wildlife Service Biological Opinion 1-6-07-F-812.8 Intra-Service Formal Section 7 Consultation/Conference for Issuance of an Endangered Species Act Section 10(a)(1)(B) Permit (TE144113-0, TE144140-0, and TE144105-0) for The Southern Orange Natural Community Conservation Plan/ Master Streambed Alteration Agreement/ Habitat Conservation Plan, Orange County, California  https://www.spl.usace.army.mil/Portals/17/docs/regulatory/Projects/SAMP/BO_for_Southern_Subregion_HCP.pdf?ver=2018-01-01-101138-023

August 2002 San Juan Creek Watershed Management Study, Orange County, California Feasibility Phase F-5 Report  https://web.archive.org/web/20060313181627/http://www.ocwatersheds.com/watersheds/pdfs/San_Juan_Creek_F5_Report_August_2002.pdf 

US Army Corps of Engineers: SAMP Background https://www.spl.usace.army.mil/Missions/Regulatory/SAMP-Permitting-and-Research/SAMP-Background/ 

February 12, 2007 Letter from United States Environmental Protection Agency re: Final Environmental Impact Statement (FEIS) for the San Juan Creek and Western San Mateo Creek Watershed Special Area Management Plan (SAMP) (CEQ # 60543)  https://archive.epa.gov/region9/nepa/web/pdf/san-juan-creek-feis.pdf

July 16, 2015 Letter from Salas Gerard, Senior Project Manager USACOE Letter RE: (File No. SPL-2015-00054-GS) for a Department of Army permit for your proposed project, "F" Street from "A" Street to Oso Parkway, in Rancho Mission Viejo, previously evaluated as part of the Special Area Management Plan (SAMP) for San Juan Creek/Western San Mateo Creek watersheds and for the associated long-term Department of the Army (DA) permit (SPL-1999-16236), issued March 23, 2007. Specifically, and as shown on the attached drawings, you are authorized to conduct the
following regulated activities:

  1. Permanently discharge fill material onto 0.019 acre of non wetland waters of the United
    States (Road Gap 1) to construct a new County of Orange arterial road called F Street,
    from Cow Camp Road to Oso Parkway (see attached Figure 4); and
  2. Permanently discharge fill material onto 0.07 acre of non wetland waters of the United
    States (Road Gap 9) to construct a new County of Orange arterial road called F Street,
    from Cow Camp Road to Oso Parkway (see attached Figure 5).

 

San Juan/San Mateo Watershed SAMP/MSAA

A special Management Plan (SAMP) and Master Streambed Alteration Agreement (MSAA) is being prepared jointly by the U.S. Army Corps of Engineers (USACE) and the (CDFG) California Department of Fish and Game and covers generally those portions of San Juan Creek and San Mateo Creek watersheds located within the Southern NCCP/HCP Subregion. As in the case of the NCCP/HCP, the SAMP/MSAA is a voluntary process. The purpose of the SAMP/MSAA is to provide for the protection and long-term management of sensitive aquatic resources (biological and hydrological) on a landscape level. The SAMP/MSAA is also designed to enable economic uses within the SAMP study area portions of the San Juan Creek watershed consistent with the requirements of federal and state laws (particularly the federal Clean Water Act (CWA), including Sections 401 and 404) and California Fish and Game Code Sections 1600 et seq.

12 (NCCP) Natural Community Conservation Planning Act of 1991 (AB 2172) adopted by California Legislature: California Fish and Game Code Section 2800   http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FGC&sectionNum=2800 

13Draft NCCP/MSAA/HCP   https://www.fws.gov/carlsbad/HCPs/SOOCSRHCP/Orange%20County%20Southern%20Subregion%20HCP/So_OR%20HCP%20CHAPTER%201%20-%20Intro.pdf

CEQA SCH Number 2006061140 https://ceqanet.opr.ca.gov/Project/2006061140 (29 documents in project) Title:South Subregion Natural Community Conservation Plan / Master Streambed Alteration Agreement / Habitat Conservation PlanDescriptionCDFW is intending to execute a Sub-Notification Approval for Master Streambed Alteration Agreement NO. 1600-2006-0438-0013-R5 pursuant to Section 1602 of the Fish and Game Code #1600-2006-0438-0013-R5 to the project applicant . Rancho Mission Viejo, LLC. The Planning Areas 3 and 4, Cow Camp Road Bridge over San Juan Creek and Grandeza Bridge over Gobernadora Creek Project will permanently impact 39.77 acres of stream habitat, and temporarily impact 2.42 acres of steam habitat. Temporary impacts will be re-contoured and restored withy native vegetation. Compensatory mitigation for permanent impacts will consists of arundo removal, phased land dedication as described in the Master Streamed Alteration Agreement, as well as 20.40 acres of stream restoration.

Draft Southern NCCP/MSAA/HCP June 2006 The Southern Natural Community Conservation Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan 

NCCP/HCP 

NCCP/HCP COUNTY OF ORANGE SUBREGION: CENTRAL AND COASTAL 

Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion:

Notice of Determination California Department of Fish and Game July 17, 1996 .https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=34758&inline 

NCCP/HCP Plan Parts I & II July 17, 1996  https://occonservation.org/wp-content/uploads/2015/04/NCCP-Parts-I-II-Plan.pdf

NCCP/HCP Plan Part III: Joint Programmatic EIR/EIS May 1996 https://occonservation.org/wp-content/uploads/2015/04/NCCP-Part-III-EIR.pdf

NCCP/HCP Implementation Agreement July 17, 1996 https://occonservation.org/wp-content/uploads/2015/04/Implementation-Agreement.pdf

NCCP/HCP Map Section (Figures 1 through 75) https://occonservation.org/wp-content/uploads/2015/04/NCCP-EIR-Map-Section.pdf

2003 Revised NCCP/HCP Plan https://occonservation.org/wp-content/uploads/2015/04/NROC-HREP-HabRestPlan.pdf 

Reserve Map https://occonservation.org/land-areas/reserve-map/

Signatories to the Implementation Agreement:

U.S. Department of the Interior, Fish and Wildlife Service

California Resource Agencies:

        1. Department of Fish and Game
        2. Department of Forestry and Fire Protection
        3. Department of Parks and Recreation

and

        1. County of Orange
        2. San Joaquin Hills Transportation Cooridor Agency, Foothill/Eastern Transportation Cooridor Agency (colectively "TCA")
        3. Orange County Fire Authority
        4. Orange County Flood Control District
        5. Regents of the University of California
        6. City of Irvine
        7. City of Tustin
        8. Santiago County Water District
        9. Irvine Ranch Water District
        10. Metropolitan Water District
        11. Southern California Edison
        12. Chandis Securities Company
        13. Sherman Foundation
        14. The Irvine Company

Participating Land Owners

  1. San Joaquin Hills Transportation Cooridor Agency, Foothill/Eastern Transportation Cooridor Agency (colectively "TCA")
  2. The Irvine Company
  3. Chandis - Sherman
  4. Metropolitan Water District
  5. Southern California Edison
  6. Irvine Ranch Water District
  7. County of Orange
  8. Regents of the University of California
  9. Santiago County Water District
  10. California Department of Parks and Recreation

 

 

NCCP/HCP COUNTY OF ORANGE SUBREGION: SOUTH  

The Southern Natural   Community Conservation Plan/Habitat Conservation Plan (Southern NCCP/HCP) is being prepared by the County of Orange in cooperation with the California Department of Fish and Game (CDFG) and the United States Fish and Wildlife Services (USFWS) in accordance with the provisions of the state natural Community Conservation Planning Act of 1991 (NCCP Act), and the California Endagered Species Act (CSEA), and the Federal Endangered Species Act (FSEA). The Southern Orange County Subregion is part of the five -county NCCP study Area established by the State as the Pilot Study Area under the NCCP Program.

14 County of Orange The Natural Communities Coalition (NCC) (Implementing Entity) https://occonservation.org/about-ncc/

15July 17, 1995 Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP https://occonservation.org/wp-content/uploads/2015/04/NCCP-Parts-I-II-Plan.pdf

16 May 1996  Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts III: Joint Programmatic EIR/EIS https://occonservation.org/wp-content/uploads/2015/04/NCCP-Part-III-EIR.pdf

17July 17, 1996 Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP Implementation Agreement https://occonservation.org/wp-content/uploads/2015/04/Implementation-Agreement.pdf

18 May 1996 Natural Community Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Map Section (Figures 1 through 76) https://occonservation.org/wp-content/uploads/2015/04/NCCP-EIR-Map-Section.pdf

19 Monitoring Reports https://occonservation.org/

20 California Department of Fish and Game July 17, 1996 Notice of Determination Orange County Central Coastal Subregion Natural Communities Conservation/Habitat Conservation Plan. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=34758&inline

 

County of Orange/Rancho Mission Viejo GPA/ZC

 

21 Orange County Transportation Authority NCCP/HCP https://www.wildlife.ca.gov/Conservation/Planning/NCCP/Plans/OCTA

22 OCTA Planning Agreement C-9-0279 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=16025&inline 

23Amended 2016 (with an effective date of January 21, 2010? extending agreement to January 12, 2018) Planning Agreement 2810-2008-003-05 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=135915&inline

24 July 2011 Independent Science Advisors Report Orange County Transportation Authority M2 NCCP/HCP https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=69410&inline

25 Nov 2016 Plan Documents [ERROR Broken Link] http://www.octa.net/Projects-and-Programs/Measure-M/Measure-M2-%282011-2041%29/Freeway-Mitigation/Conservation-Plan/

26 Nov 2016 Environmental Review Documents (EIR, EIS) [ERROR Broken Link] http://www.octa.net/Projects-and-Programs/Measure-M/Measure-M2-%282011-2041%29/Freeway-Mitigation/Conservation-Plan/

27 2016 Implementing Agreement https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=146327&inline

28 June 2017 California Department of Fish and Wildlife findings of fact under the California Environmental Quality Act and the Natural Community Conservation Planning Act and Natural Community Conservation Plan Permit # 2835-2017-001-05 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=146326&inline

 

Rancho Mission Viejo Conceptual Water Quality Management Plan

29 Rancho Mission Viejo Conceptual Water Quality Management Plan (WQMP)    https://www.fws.gov/carlsbad/HCPs/SOOCSRHCP/Orange%20County%20Southern%20Subregion%20HCP%20Appendices/Appendix%20K%20-%20Water%20Quality%20Management%20Plan/Appendix%20K/WQMP/WQMP.pdf

Integrated Regional Water Management Plan for South Orange County updated 2018 https://www.mnwd.com/app/uploads/2018/08/2018-SOC-IRWMP.pdf

 

Chiquita Canyon

April 18, 2004 (USACE) US Army Corps of Engineers Deliniation of Areas Subject to the Jurisdiction of the US Army Corpos of Engineers Jurisdiction Planning Area 2 -  Chiquita Canyon USACE 14.08 Acres page 5  Road Gaps page 22 Map page 24   https://www.fws.gov/carlsbad/HCPs/SOOCSRHCP/Orange%20County%20Southern%20Subregion%20HCP%20Appendices/Appendix%20R%20-%20Jurisdictional%20Delineation/Project%20Level%20Delineation%20Report.pdf 

 

US Department of the Interior, Fish and Wildlife Services https://regulations.justia.com/regulations/fedreg?query=Rancho+Mission+Viejo

November 16, 2005 Notice of availability for the Draft Environmental Impact Statement for the San Juan Creek Watershed/Western San Mateo Creek Watershed Special Area Management Plan (SAMP), Orange County, CA Document Number: 05-22718 Document Type: Notice, Agency: Department of Defense, Army Corps of Engineers https://regulations.justia.com/regulations/fedreg/2005/11/16/05-22718.html Document Number: 05-22718 Type: Notice Agency: US Department of the Interior Army Corps of Engineers

November 13, 2006 Notice of Availability of a Final Environmental Impact Statement for the Orange County Southern Subregion Natural Community Conservation Plan/Habitat Conservation Plan, Orange County CA Document Number: E6-18971 Type: Notice  Agency: US Department of the Interior, Fish and Wildlife Service https://regulations.justia.com/regulations/fedreg/agencies/department-of-the-interior/fish-and-wildlife-service?page=110

October 7, 2010 Intent To Prepare an Environmental Impact Statement (EIS) for the San Juan Creek and Tributaries Flood Risk Management Study, Orange County, CA Document Number: 2010-25351 Type: Notice Date: 2010-10-07 Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department https://regulations.justia.com/regulations/fedreg/2010/10/07/2010-25351.html

November 7, 2014 Orange County Transportation Authority, Orange County, California; M2 Natural Community Conservation Plan/Habitat Conservation Plan, Draft Environmental Impact Report/Environmental Impact Statement, and Incidental Take Permit Application Document Number: 2014-26361 Type: Notice Date: 2014-11-07 Agency: Fish and Wildlife Service, Department of the Interior https://regulations.justia.com/regulations/fedreg/2014/11/07/2014-26361.html

 

Southern California Association of Governments

Southern California Association of Governments Final Federal Transportation Improvement Program Orange County Project listing 

http://ftip.scag.ca.gov/Documents/F2017-FTIP-ProjectListingA.pdf Project ID ORA051

 

TCA

August 1990 San Joaquin Hills Transportation Corridor Draft Environmental Impact Report Impact Statement and Section 4(F) Evaluation TCA EIR/EIS 1  

December 1992 Eastern Transportation Corridor Suplemental Environmental Impact Statement TCA EIS 2-1

February 2013 The Tesoro Extension Project: Addendum to the South Orange County Transportation Infrastructure Improvement Project (SOCTIIP) Final subsequent Environmental Impact Report SCH# 2001061046

 

ADD IN http://cams.ocgov.com/Web_Publisher/Agenda03_28_2017_files/images/O00817-000212A.PDF

6 Standard Condition 4.6-14 in FEIR 589 required RMV to enter into an agreement with the Foothill/Eastern TCA to address right-of-way, cost, phasing, implementation, and roles and responsibilities relating to all roadway connections to and/or crossings of the SR-241 extension within the Ranch Plan and/or funding/phasing/ construction of other roadways (i.e., “F” Street) that are needed in the event the extension of SR-241 does not occur. The agreement between the RMV and the TCA shall also be reviewed and approved by the Director/OC Public Works, County of Orange, for consistency with South County Road Improvement Program/Development Agreement phasing/milestone objectives. 7 Section 7.4 of FEIR 589 provides an evaluation of the cumulative projects, including SOCTIIP, and how the projects may contribute to overall cumulative impacts on a topic-by-topic basis. In evaluating cumulative impacts, the same thresholds of significance identified for each topical element of the Program EIR were utilized and applied in assessing whether implementation of the cumulative projects would create cumulatively significant impacts on the environment. 8 Cumulative impacts were addressed in Chapter 6 of FEIR 584.

Permit Number:  SPL-2015-00054-G5 issued July 16, 2015.                                                                          https://drive.google.com/file/d/1YeG6JF0xE4Ihk3guU35Vf64biXNuQjL-/view?usp=sharing