PUBLIC SCOPING COMMENT PART 6 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.
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.
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)
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)
1 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/
2 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
3 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)."
4 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
5 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."
6 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
7 November 2005 Environmental Impact Statement for the SJC/WSMC Watershed SAMP
▪ 8 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
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
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§ionNum=2800
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 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
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
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
February 2013 The Tesoro Extension Project: Addendum to the South Orange County Transportation Infrastructure Improvement Project (SOCTIIP) Final subsequent Environmental Impact Report SCH# 2001061046
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