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Category: SR241 Public Scoping Comments
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PUBLIC SCOPING COMMENT PART 6(A)

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

 

Continued from PART 6 

MISUSE OF 401 WASTEWATER CERTIFICATION NO R9-2014-0144

It appears that the TCA/Caltrans, the County of Orange, and Rancho Mission Viejo have been working in concert to use 401 Wastewater Certification No. R9-2014-0144 granted to Rancho Mission Viejo (a private entity) for the construction of "F" Street (a collector road for the Mission Viejo Ranch development), to build SR 241 that was denied permits. On 401 Wastewater Certification No. R9-2014-0144, "F" Street is designated as a new County of Orange arterial highway that extends approximately 5.5 miles from Cow Camp Road to Oso Parkway, terminating at the Oso Parkway Bridge in alignment with the on and off ramps for the terminus of SR-241 at the Oso Bridge. The permit specifically states that there is no direct connection between Los Patrones Parkway and the terminus of SR 241.

TCA/Caltrans, the County of Orange and Rancho Mission Viejo conspired to use the Wastewater Discharge permit for "F" Street to build the segment of SR 241 from Cow Camp Road to Oso Parkway despite the five previous permit denials.

The plan was to build SR 241 in segments for the purpose of avoiding NEPA.

In the application for 401 Wastewater Certification No. R9-2014-0144 the San Diego Regional Water Quality Control Board stated the following:

"An application dated November 24, 2014 was submitted by Rancho Mission Viejo (RMV) (hereinafter Applicant), for Water Quality Certification pursuant to section 401 of the Clean Water Act (33 U.S.C. § 1341) for the proposed "F" Street from "A" Street to Oso Parkway Project (Project). The California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) deemed the application to be complete on April 9, 2015. The Applicant proposes to discharge dredged or fill material to waters of the United States and/or State associated with construction activity at the Project site. The Applicant 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)."

"The Project covered by this certification is located at Rancho Mission Viejo, east of Interstate 5, and north of San Juan Creek, at 28811 Ortega Highway, in the City of San Juan Capistrano, Orange County, California. The Project center reading is located at latitude 33.562901 and longitude -117.609571. The Applicant has paid all required fees for this Certification in the amount of $40,703. On April 9, 2015, the San Diego Water Board provided public notice of the Project application pursuant to California Code of Regulations, title 23, section 3858 by posting information describing the Project on the San Diego Water Board's web site and providing a period of twenty-one days for public review and comment. No comments were received."

"The Applicant proposes to construct a new County of Orange arterial road called "F" Street that will extend approximately 5.5 miles from Cow Camp Road north to Oso Parkway, at the current terminus of State Route-241 (SR-241 ). In the future, "F" Street will be renamed to Los Patrones Parkway. "F" Street is not the Tesoro Extension of SR-241 that was denied waste discharge requirements by the San Diego Water Board in 2013 (in the proceedings on Tentative Order No. R9-2013-0007) or a facility related to the 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. "F" Street is proposed to be a County of Orange Rural Secondary Highway, modified to include a raised median and a future community trail on the west side. "F" Street supports development of the Applicant's Planning Area 2 and Planning Area 3 projects, provides an alternate route to Antonio Parkway, and improves vehicle throughput to the SR-241 . On June 24, 2014, the Orange County Board of Supervisors approved an agreement for Grant of Fee Credits with the Applicant, which will allow the County to grant fee credits to the Applicant and accept the road right-of-way and improvements if the Applicant constructs "F" Street."

"As a modified Rural Secondary Highway, the roadway will consist of two twelve-foot through lanes, eight-foot shoulders in both directions, and a fixed median between approximately stations 1 05+00 and 230+00 that is 1 0-11 feet wide and widens to accommodate connections to "A" Street and Oso Parkway. South of "A" Street the median is up to 58 feet wide. "F" Street will have a design speed of 70 mph and a posted speed limit of 65 mph. This is consistent with the approved Letter of Geometric Alignment Recommendation and Geometric Approval Drawing referenced in the above-mentioned Fee Credit Agreement. At its northern terminus, "F" Street will connect to Oso Parkway at the at-grade existing intersections of the on and off-ramps from the SR-241. Local access to the north end of the Applicant's Planning Area 2 project from "F" Street will be via "A" Street, with access to "A" Street provided via a grade separated half-expressway-interchange, with access to and from the north. At its southern terminus, "F" Street will terminate at Cow Camp Road as an at-grade signalized tee intersection."

"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 the 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)."

"The Project will convert approximately 33 acres of pervious ground cover to impervious surfaces. Runoff leaving the developed Project area would be significantly greater in volume, velocity, peak flow rate, and duration than pre-development runoff from the same area without mitigation. Post-construction best management practices (BMPs) to manage and control the effects of these runoff increases from the Rural Secondary Highway will consist of combination basins with underdrains for treatment control, flood control and hydromodification control. Combination basins will be approximately 3 to 12 feet deep providing multiple stormwater control functions under different storm conditions. A total of eight (8) basins (Basins A-H) are proposed for the entire project, seven (7) of which are located between "A" Street and Oso Parkway (Basins B-H). These BMPs will be designed, constructed, and maintained to meet Orange County's Low Impact Development (LID) Capture Volume and hydromodification treatment requirements." 

 

(LOP) LETTER OF PERMISSION PERMITS 

The Ranch Plan Development is part of a programatic environmental review process under a 75 year permit that allows for "minor amendments" to covered activities through an application for a Letter of Permission Permit. A Letter of Permission Permit (LOP) is a type of individual permit that is issued through an abbreviated processing procedure which includes coordination with Federal and State fish and wildlife agencies, and a public interest evaluation, but without the publishing of an individual public notice.

On November 21, 2014 Rancho Mission Viejo submitted an application for a Letter of Permission Permit for the "F" Street Trail/Sidewalk & Associated Utilities Project asking for a minor amendment to shift the alignment of "F" Street 10% 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, and to redesignate "F" Street from a local collector road, to a County Arterial Highway.

For an amendment to the SSHCP to be considered as "minor" it must result in no net loss of Habitat Reserve acreage and no long-term net loss of subregional habitat value.

Letter of Permission Permit Applications went to:

The (USACOE) United States Army Corps of Engineers Pursuant to Section 404 of the Clean Water Act

The (SDRWQCB) San Diego Regional Water Quality Control Board Pursuant to Section 401 of the Clean Water Act

The (CDFG) California Department of Fish and Game Pursuant to Section 1602 of the Fish and Game Code

The Letter of Permission Applications requesting a minor amendment of "F" Street submitted by Rancho Mission Viejo contained omissions and material misstatements of facts.

Upon Public Request; the permit should be re-evaluated, based on additional information that shows: 

Rancho Mission Viejo failed to comply with the terms and conditions of the permit.

The information provided by RMV in support of the permit may have been false, incomplete, or inaccurate, and 

Significant new information has surfaced which the Wildlife Services may not have considered in reaching the original public interest decision.

 

PURSUANT TO A PUBLIC RECORDS REQUEST, THE FOLLOWING DOCUMENTS WERE PRODUCED BY THE USARMY CESPL ON DECEMBER 19, 2019 (new information):

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

Permit Applications to: U.S.ACOE, SDRWQCB AND CDFG "F" Street, Trail/Sidewalk & Associated Utilities project dated November 21, 2014.  SPL-2015-00054-GS_404 Transmittal letter_complete.pdf 

and

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

Based upon the information contained in the documents, there is sufficient evidence for the Wildlife Services to reevaluate the permit (significant new information). If the agencies find that Rancho Mission Viejo failed to comply with the terms and conditions of the permit, made material misstatements of facts and/or material omissions in the application for the permit; and/or failed to maintain proportionality between take and mitigation, the Agencies are statutorily mandated to revoke the permit.

 

CAUSE FOR REEVALUATION AND REVOCATION  

 

THE 10% SHIFT IN THE ALIGNMENT OF "F" STREET DOES NOT QUALIFY AS A "MINOR AMENDMENT" TO THE NCCP

For an amendment to an NCCP to be considered as "minor" it must result in no net loss of Habitat Reserve acreage and no long-term net loss of subregional habitat value.

The alignment of "F" Street analyzed in the SAMP was a designated collector road from Cow Camp Road with a direct connection to Oso Parkway via Tesoro Creek Road (the driveway for Tesoro High School). This alignment would have provided for a second entrance and exit into Tesoro High School which currently has only one way in and one way out.

The 10% shift in the alignment of "F" Street requested by RMV in the Letter of Permission Application, would shift the alignment of "F" street 10% further to the east so that "F" Street would connect to Oso Parkway's existing intersections of the on and off-ramps from the terminus of SR-241 at the Oso Parkway Bridge.

In addition to the 10% shift in alignment, the designation of "F" Street would be changed from a collector road to a County Arterial Highway named Los Patrones Parkway.

Rancho Mission Viejo failed to disclose that Los Patrones Parkway was being funded by the TCA and was being built to Toll Road specifications. What is actually being built is the Tesoro Extension of SR 241 Toll Road that has been denied wastewater discharge permits five times

What Rancho Mission Viejo failed to disclose in the application were agreements that were in place between RMV, the County of Orange and the TCA/Caltrans to construct Los Patrones Parkway as a segment of the SR 241 from Oso Parkway to Cow Camp Road with a direct connection to the terminus of SR 241 underneath the Oso Parkway Bridge.  Three separate projects (Los Patrones Parkway, the Oso Bridge Project and the Oso Bridge Gap Closure Project used 401 Wastewater Certification No. R9-2014-0144.  The Oso Bridge Gap closure project makes the direct connection between Los Patrones Parkway and SR 241 completing the Toll Road segment from Oso Parkway to Cow Camp Road.

The only Applicants name on the LOP and 401 Wastewater Certification No. R9-2014-0144 was Rancho Mission Viejo as a private entity

The 401 Wastewater Discharge Permit R9-2014-0144; 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 (Rancho Mission Viejo) Agreement N0. D14-034

(2) Grant Deed to County of Orange for the Right of Way for SR 241 which included Parcels 1 - 91, inclusive, of Certificate of Compliance CC-2001-01 recorded July 26, 2001 and other Parcels.

In it's LOP Application, RMV failed to disclose that the Capistrano Unified School District owns Parcels 125-096-59, 125-096-60, 125-096-69 and 125-096-82 which were placed into the right of way for SR 241 by entities that did not own them and had no right to encumber them. 

It should be noted that although the Capistrano Unified School District has never been recognized as the owner of lands within the SSHCP, they are. Parcel 125-096-82 and portions of 125-096-69 comprise most of the Habitat Reserve South of Oso Parkway Bridge and west of Los Patrones Parkway.

It should be further noted that all of the drainage from Los Patrones Parkway has been designed to run underneath Tesoro High School creating a permanent tresspass of water onto and underneath all four Tesoro High School parcels. 

The Public requested that CUSD file an action to Quiet Title on all four parcels of land, but the District refused, and instead on January 24, 2018 Resolution No. 1718-31 accepted a Quitclaim Deed for Parcel 125-096-82 from Rancho Mission Viejo. 

All of the previous deeds done by the Ranch have been done through First American Title Company except this Quitclaim Deed which was done through Chicago Title. A response to a Public Records Request stated that Chicago Title "merely recorded a corrective Quitclaim Deed to the District in 2018, which corrected a Quitclaim Deed recorded by First American Title Company in 2004. It does not appear that any policy of title insurance was issued with the corrective recording.

Rancho Mission Viejo cannot transfer clear title to the County of Orange as required by their agreements. There has been a violation of the Subdivision Map Act and an action to Quiet Title is required on all the Parcels contained in the Right-of-Way for SR 241 south of Oso Parkway.

(3) Irrevocable Offer to Convey  

It should also be noted that the Capistrano Unified School District had an option to purchase PA2 North. As stated in Exhibit C:

2. Various documents (already recorded or to be recorded) relating to agreements between Optionor and the Capistrano Unified School District regarding the provision of school facilities on land within the PA 2 South Development Area. It is unlikely that the foregoing encumbrances can be removed from the Property; however, they have no practical effect on Optionee’s rights under the Option Agreement, and merely impose an obligation on Optionor to provide school facilities based on development.

Figure 187 shows the Proposed Circulation System for the SSHCP showing areas where road crossings can be located within the NCCP/MSA/HCP.  Screen_Shot_2019-12-16_at_7.05.56_AM.png

 

In the figure below, The original F Street alignment is shown in Yellow. The Modified F Street is shown in Red. Modified F Street has a substantially greater environmental impact because the amount of impervious surface is much greater for a toll road than a collector road.

 

 

THE TCA/CALTRANS ARE BUILDING THE TESORO EXTENSION OF SR 241 USING RANCHO MISSION VIEJO'S PERMITS

From the TCA Web Site:

Oso-Bridge.jpg

Oso Parkway Bridge

The Transportation Corridor Agencies (TCA) and Orange County Public Works will replace a portion of Oso Parkway with a new bridge structure to provide motorists with a direct connection between Los Patrones Parkway (a new road connecting with Rancho Mission Viejo) and State Route 241. The new bridge will improve traffic flow and enhance safety on Oso Parkway and direct access to the 241 Toll Road will support traffic flow in the area....

Oso Parkway Bridge

The Transportation Corridor Agencies (TCA) and Orange County Public Works will replace a portion of Oso Parkway with a new bridge structure to provide motorists with a direct connection between Los Patrones Parkway (a new road connecting with Rancho Mission Viejo) and State Route 241. The new bridge will improve traffic flow and enhance safety on Oso Parkway and direct access to the 241 Toll Road will support traffic flow in the area. Construction of the Oso Parkway Bridge began in August 2018.

Project Overview
 

The Oso Parkway Bridge Project consists of constructing an overcrossing bridge structure for a portion of Oso Parkway to allow the connection of Los Patrones Parkway to the 241 Toll Road. The future bridge will contain six lanes (three in each direction), sidewalks and dedicated bike lanes for public use. Pedestrian access to Tesoro High School will be improved with the construction of a new sidewalk on the south side of Oso Parkway.

Los Patrones Parkway is currently under construction by Rancho Mission Viejo as a four-lane transportation corridor that extends from Cow Camp Road to Oso Parkway.  Los Patrones Parkway will terminate at Oso Parkway via a northbound off ramp and a southbound on ramp. The Oso Parkway Bridge project includes constructing the roadway to connect the north end of Los Patrones Parkway to the 241 Toll Road under the bridge structure.

Map of Oso Parkway Bridge Project 

 

Project Schedule​

Construction began in August 2018 and is expected to last approximately two years. Construction work is scheduled weekdays, 7 a.m. to 5 p.m. with limited night work. Two lanes will remain open on Oso Parkway at all times. 

Quick Facts
  • Orange County Public Works is overseeing administration of the construction contract with Ortiz Enterprises.
  • TCA is the sponsoring agency for the Oso Bridge Project.
  • The project’s estimated cost is $30 million
  • View the Oso Parkway Bridge Fact Sheet  PDF
  • View the Oso Parkway Bridge FAQ PDF
  • View the Los Patrones Parkway FAQPDF

For more information about the Oso Parkway Bridge Project, please contact Sarah King at (949) 754-3417 or This email address is being protected from spambots. You need JavaScript enabled to view it..

When you exit Los Patrones Parkway onto the Oso Parkway Bridge there is already a Fast Track Toll Collection device- so of course the TCA is planning to Toll Los Patrones Parkway which is designated as a FREE County Arterial Road on 401 Wastewater Certification No. R9-2014-0144.

Fast_Track_copy.png

 

TESORO HIGH SCHOOL

TESORO HIGH SCHOOL IS A "SENSITIIVE RECEPTOR"

There is only one road being built south of the Oso Parkway Bridge; it is the segment of the Tesoro Extension of SR-241 from Oso Parkway to Cow Camp Road, with scoping beginning for a third segment from Cow Camp Road to La Pata in the City of San Clemente.

Screen_Shot_2019-12-03_at_4.44.21_AM.png

There is only one road being built south of the Oso Parkway Bridge; it is the segment of the Tesoro Extension of SR-241 from Oso Parkway to Cow Camp Road, with scoping beginning for a third segment from Cow Camp Road to La Pata in the City of San Clemente.

The final EIR for Tesoro High School dated March 1996 was studied with this layout for Chiquita Canyon High School aka Tesoro High School and an SR-241 alignment that was approximately 800' father to the east.

Screen_Shot_2019-12-05_at_5.56.26_AM.png

The school opened September 2001. Due to “environmental concerns” (the Habitat Reserve?), the Capistrano Unified School District was forced to flip the design of the school and had to purchase two additional parcels of land in order to accommodate sports fields. This is the school that was actually built. There does not seem to be any new EIR for the final design of Tesoro High School as built. As such the environmental impacts determined in the original EIR are not valid.

Screen_Shot_2019-11-22_at_1.25.02_PM.png

Tesoro High School sits on four parcels of land; Parcels Nos. 125-096-59, 125-096-60, 125-096-69 and 125-096-82. As is shown, the Habitat Reserve is on land owned by the Capistrano Unified School District. 

The lead agency for CEQA was the Capistrano Unified School District.

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 time the site was chosen as a potential site for a high school. The site is located in a canyon bottom in the middle of a major movement corridor for mountain lions and other species. The school was placed directly on top of a stream bed; L06 Chiquita Canada Channel, and accompanying riparian woodland that drains the canyon.

The school sits in a FEMA floodplain with very steep canyon walls and high velocities of water which required the Santa Margarita Water District to place stream flow velocity controls underneath Tesoro High School. The main Chiquita Canyon channel through the high school has a tributary area large enough to be considered of regional significance by the Orange County Flood Control District (OCFCD).

Description of Chiquita Canyon High School from the original March 1996 EIR 

CEQA STATEMENT OF FINDINGS AND FACTS CHIQUITA CANYON HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT page 1 [The March 1996 EIR was obtained through a Public Records Request] [EIR page 17 of 1,057] [page 1 of the EIR]:

"The proposed Chiquita Canyon High School is approximately 40 acres in size and is located at the southwest corner of the future intersection of Oso Parkway and the Foothill Transportation Corridor in Rancho Mission Viejo. The Chiquita High School site is centrally located between the future Las Flores Planned Community and the Coto de Caza Specific Plan area and northeast of the Ladera Planned Community development."

"The site will feature approximately 200,000 square feet and 85 teaching classrooms, with a permanent capacity for approximately 2,200 students. The permanent capacity of 2,200 students is the total number of students which can be accommodated in the permanent school buildings. However, the design capacity for the proposed project is approximately 3,100 students. The design capacity includes placement of portable classrooms (approximately 30 classrooms in total with 30 students each classroom). The design capacity allows for fluctuations in student population. The portable classrooms would be placed within the project site in areas identified as physical education turf fields."

"The academic building will house classrooms, a library/media center and administration offices. A second building will provide technology and science classrooms and a third building will include a gymnasium which will seat 2,500. The proposed high school will also include a theater, a student commons and food services. Additionally, a pool, a stadium accommodating 4,000 persons, and (baseball diamonds and turf) fields and tennis courts will be provided. Associated parking for buses, staff and students is also proposed, for a total of 800 parking stalls."

Screen_Shot_20190112_at_63220_AM.png

In March 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:

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"

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

In May 1999; due to environmental restrictions (Habitat Reserve?), CUSD had to alter the design of Tesoro High School. 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. 

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

The school was completely flipped from its original design invalidating all environmental review because the Capistrano Unified School District was sold Habitat Conservation Land and land upon which the Rancho Santa Margarita Water District had an easement for hydraulic pipes and velocity controls because the school sits on a major streambed (L06 Chiquita Canada Channel) in a FEMA Floodplain. 

A majority of the land sold to the Capistrano Unified School District was not usable for a school site. As such the Capistrano Unified School District was forced to purchase two additional parcels of land in order to build ball fields for the high school. 

The following shows the actual condition of Tesoro High School and the Habitat Reserve as a result in the 10% shift in alignment and the construction of a segment of SR 241 on school district property. 

All parties (TCA/Caltrans, the County of Orange, Rancho Mission Viejo, the San Diego Regional Water Quality Control Board and the Capistrano Unified School District)  have acted with callous disregard for the health and safety of Tesoro High School Staff and Students in addition to creating dangerous conditions for people and animals.

In addition to a Toll Road being constructed 800' closer to the school than the original alignment of SR-241, a new NEPA would require the study to include the following factors that relate to the health and safety to Tesoro Staff and Students:

1. The Toll Road as built will be on Tesoro High School's property line with no set back and no protective barriers.

2. Tesoro High School has one entrance in and out and CUSD has eliminated busing. The elimination of busing and the lack of adequate parking for staff and students and the single entrance in and out of the school means there are idling cars on Tesoro Creek Road for hours on end.

3.The elimination of busing and the lack of adequate parking means there are idling cars on Tesoro Creek Road for hours on end. The Air studies are not valid because there is no CEQA or NEPA for this project.

4. There is wildlife fencing from Oso Parkway to Cow Camp Road that is 8 feet high with outriggers. On fill slopes and on cut slopes where the fence is 2 feet or more from the toe of the slope the fencing is 10 feet high with outriggers. If there was a fire, or other emergency - these students are fenced in just like the wildlife and there is only one way out of the school... Oso Parkway.

5. There is a wildlife movement crossing that is designed to funnel large animals such as mountain lions, bobcats and deer directly into Tesoro High School to access drinking water.

6. None of the Basins have fencing around them.

7. The Santa Margarita Water District has an easement through the middle of Tesoro High School in order to control storm water flows through the site.

8. The water that is being discharged into L06 Canada Chiquita Channel which flows directly into San Juan Creek is known to have the following pollutants in the water- Dichlorodiphenyldichloroethylene (DDE) a chemical compound from DDT, as well as Phosphorous, Selenium, Total Nitrogen and Toxicity. 

9. No one in monitoring the water under Tesoro High School.

The soils in this area are prone to Liquefaction and Slippage. Could the vibration resulting from truck climbing lanes less than 100 feet from a school cause the soil to liquify and the school to sink?

In a recent Kitchell School Facilities Report it stated: 

Architectural Elements

Key Concerns for this school include soil movement, the roofs are in poor condition, and many of the concrete roof tiles are damaged, cracked or missing. Additionally, it should be noted that a significant amount of cracking was observed in the exterior walls, and that poor soil conditions may be an issue.

Tesoro High School has wildlife cameras that show the animals that walk onto campus to access drinking water. https://www.facebook.com/tesorohsenvironmentalstudies/

Video’s show bobcats, coyotes, grey fox, deer and others.

The following figure shows the existing conditions at Tesoro High School and within the Habitat Reserve. 

  Screen_Shot_2019-12-05_at_6.15.39_AM.png

 

PA2 NORTH

From the January 30, 2015 Letter from the US Fish and Wildlife "Concurrence with the Minor Amendment to the Orange County Southern Subregion Habitat Conservation Plan for the Modified F Street Project Orange County, California" at page 14

"To offset project-related impacts from modified F Street and isolation of the 43.7 acre area near Tesoro High School, RMV will revegetate 101.56 acres of side slopes within the Habitat Reserve, revegetate and conserve 12.74 acres of side slopes within PA2- South, and conserve 72.21 acres previously anticipated to be developed within PAs 2 and 4 and add these to the Habitat Reserve. The 43,7-acre aea, which isolated from the overall Habitat Reserve by the Modified "F" Street project, will continue to support habitat values for a range of covered species (e.g. coastal California Gnat Catcher, least Bell's vireo), thus, we conclude that the proposed increase in the size of the Habitat Reserve by 84.95 acres in combination with the benefits of the revegetation and restoration are sufficient to mitigate both the direct impacts in the Habitat Reserve and the indirect effects of habitat fragmentation." 

The 10% shift in alignment of "F" Street should not have been accepted as a minor amendment. The 10% shift in alignment impacts almost all of PA 2-North and results in substantial habitat loss and habitat fragmentation that is much greater than anticipated by the wildlife agencies. CUSD has an option to purchase PA(2) North. The 10% shift in alignment destroys most of PA(2) North as shown in the figure below:

 Screen_Shot_2019-12-09_at_6.37.55_AM.png

 

RANCHO MISSION VIEJO HAS FAILED TO COMPLY WITH THE TERMS OF THE PERMIT

"According to the biological analysis accompanying the minor amendment request, the conceptual alignment for F Street (hereafter “Original F Street”) was projected to impact 77.9 acres within the Habitat Reserve. Realignment of this facility (hereafter “Modified F Street”) will impact an area of about 165.7 acres, resulting in a net increase of 87.8 acres in anticipated impacts within the Habitat Reserve from this roadway. Because detailed engineering of Modified F Street and associated water quality basins is not yet complete, the final design of Modified F Street will be provided to the U.S. Fish and Wildlife Service’s Carlsbad Fish and Wildlife Office (CFWO) prior to project-related impacts to ensure that the actual impacts are consistent with those described in the minor amendment."

To offset the increased habitat impacts and change in Habitat Reserve configuration from the realignment of F Street, RMV will implement the following measures as part of the Modified F Street project:

Mitigation Measure #1

Screen_Shot_2019-12-07_at_6.40.16_AM.png

The Capistrano Unified School District had an option on PA 2-North. What happened to that Option?

Mitigation Measure #2:

Screen_Shot_2019-12-07_at_6.40.48_AM.png

Did Rancho Mission Viejo record and irrevocable covenant or conservation easement of 46.71 acres? 

Mitigation Measure #3:

Screen_Shot_2019-12-07_at_6.41.26_AM.png

RMV agreed to revegetate 101.56 acres of side slopes within the project footprint and manage them as part of the Habitat Reserve. This is the area in blue shown on Figure 2. 

Footnote 1:

"It is likely that a portion of the Original F Street project would have consisted of side slopes that could be revegetation, but under the SSHCP, all infrastructure impacts are considered to be permanent, and revegetation would not have been required.

The Original F Street was designated a collector road that was designed to connect to Tesoro Creek Road (the driveway for Tesoro High School) and terminate at Oso Parkay to the west of SR-241 so that the high school would have two entrances and exits. With the elimination of original F Street, Tesoro High School (4,000 staff and students) only has one entrance and exit.

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The Ranch is offering to mitigate the slopes on the eastern side of SR-241

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Mitigation Measure #4:

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Mitigation Measure #5:

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The Capistrano Unified School District has an Option on PA 2-North. What happened to that Option?

Mitigation Measure #6:

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The Ranch is offering to mitigate the slopes along SR-241between Oso Parkway and Cow Camp Road

Mitigation Measure #7:

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"Dudleya multicaulisis a succulent plant known by the common name manystem liveforever. This dudleya is endemic to southern California, where it is rare and becoming increasingly uncommon as its habitat is altered. Most of its known occurrences are in Orange County, where it lives mostly along the coastal plain in heavy clay soils. It is threatened by development, road construction, and recreational activity."

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Mitigation Measure #8:

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Has the Ranch complied with this mitigation requirement?

Mitigation Measure #9:

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Sample of a "Wildlife Undercrossing"

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3.3.5 WILDLIFE MOVEMENT CROSSINGS

Two wildlife undercrossings are currently planned—one approximately 1,400 feet north of the Planning Area 2 South northern boundary (Station 149+00) and one approximately 440 feet south of Planning Subarea 2.5 (Station 181+00)—to serve mule deer and mountain lions. Precise locations will be determined as part of the final design process. Both undercrossings are expected to be either corrugated structural steel plate (CSSP) or precast concrete arch-type culverts, under approximately 30 feet and 340 feet of fill, respectively. Each culvert will have a minimum width at the base of 20 feet and a minimum vertical clearance of 10 feet. Culverts will have a line of sight through the structure allowing views of natural vegetation and/or the horizon from the entry points at either end. The bottom of the culvert will be of a natural substrate. A dry pathway at least three feet wide will be provided through the length of any structure if it is determined that significant water flows will routinely occur in the wildlife crossings. Vegetation at both ends of the crossing will be a mix of plant types in order to provide suitable cover for mountain lions and other animals as well as more open vegetation suitable for mule deer. Appropriate fencing will be installed to deter deer, mountain lion, coyote, bobcat, and other wildlife entry to the roadway in order to minimize wildlife and vehicle collisions.

This design funnels deer, mountain lions, coyotes, bobcats, and other wildlife onto Tesoro High School property to access drinking water. While there is fencing to prevent animals from entering the Toll Road, there is no fencing to keep animals off school district property. In fact, if protective barriers were put into place to protect students and staff from noise, air and pollution, the wildlife would be denied access to their major source of water in the region. In the Inventory of Official Mitigation Measures the only specified fencing requirements were to keep people off the western slopes, not keep wildlife away from people. None of the basins on the Ranch are fenced.

There does not appear to be any Wild Life Crossing at Tesoro High School?

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Mitigation Measure #10:

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Wildlife fencing; as shown below, has been installed along the entire length of Modified F Street. This creates a dangerous condition for Tesoro High School students. There is only one driveway entrance and exit at Tesoro High School which terminates at Oso Parkway. If there were a fire or other emergency, evacuation or protection of Tesoro High School staff and students would be very difficult, especially with the new wildlife fencing. The 4,000 staff and students are "fenced in" with no escape except a single driveway which exits onto Oso parkway. Without the required wildlife crossing- the wildlife is also trapped.

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Mitigation Measure #11:

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Bike trails have been constructed the full length of Los Patrones Parkway on the road side of wildlife fencing.

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Mitigation Measure #12:

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There is no lighting along Los Patrones Parkway.

 

WATER QUALITY MANAGEMENT L05 EL HORNO, L06 CANADA CHIQUITA AND L07 CANADA GOBERNADORA

L05 El Horno Creek, L06 Canada Chiquita, and L07 Canada Gobernadora are not being monitored as they are listed as "unknown" in grey below.

L06 Canada Chiquita is the stream that runs underneath Tesoro High School and should be under the jurisdiction of CUSD at a minimum- it should not be "unknown".

All three creeks are part of the San Juan Creek Watershed.

They should be part of the San Juan Basin Authority.

Why are they listed as unknown? And why are they not being monitored?

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CONCLUSION

Sufficient evidence has been presented to ask the Wildlife Agencies to re-evaluate RMV Permit SPL-1999-16236 and LOP Permit SPL-2015-00054-G5.

A reevaluation of the Permits will determine if Rancho Mission Viejo has failed to comply with the terms and conditions specified in the permit.

Documentation has been provided which shows that information RMV provided in support of the permit may have been false, incomplete, or inaccurate, and 

Significant new information has surfaced which the Wildlife Services may not have considered in reaching the original public interest decision.

If the Wildlife Agencies find that Rancho Mission Viejo failed to maintain proportionality between take and mitigation, the Federal law mandates the revocation of RMV Permit SPL-1999-16236 and SPL-2015-00054-G5.

 

ADDITIONAL DOCUMENTATION INCORPORATED HEREIN

 

TIMELINE

There is a 4- part timeline with links to documentation supporting each action/event that illustrates the cooperation between the County of Orange, the TCA/Caltrans, Rancho Mission Viejo, the Capistrano Unified School District and the San Diego Regional Water Quality Management Board to complete the SR 241 from Oso Parkway to the I-5 within (not south of) San Clemente City Limits. 

| 1969 to 1995 | 1995 to 2006 | 2006 to 2014 | 2014 to 2019 |

 

DOCUMENTS

Links to all the documents (many that were very difficult to obtain and required multiple public record requests) that pertain to the SR 241 Toll Road, The Ranch Plan Development, NCCP/MSAA/HCP and SAMP. 

Documents

 

SCOPING COMMENTS 

More Detailed Documentation has been sent in Scoping Comments Opposing the further extension of SR 241 from Cow Camp Road to the Orange County/San Diego County line. See links to Scoping Comments 1-5: 

SCOPING COMMENT PART 1

1) "Modified" "F" Street aka Los Patrones Parkway should remain a FREE Arterial Road as it was designated in Permit R9-2014-0144.

2) New noise, air and pollution studies should be conducted at Tesoro High School (a sensitive receptor), so that any threats to the health and safety of Tesoro High School students and staff can be mitigated.

3) New noise, air, pollution, water and soil studies should be conducted within the habitat reserve next to Tesoro High School in order to determine what mitigations will be needed to protect wildlife corridors, sensitive plant and animal species and ensure water quality for the region.

4) The Federal Government should conduct a forensic audit of the TCA.

5) An Investigation should look at the actions of the TCA/Caltrans, the County of Orange, Rancho Mission Viejo and the San Diego Regional Water Quality Control Board for continuing to build the Tesoro Extension of SR-241 without permits.

6) The conduct of the Capistrano Unified School District should be investigated for its failure to protect the health and safety of staff and students by allowing the construction of a Toll Road (with proposed truck climbing lanes) on Tesoro High Schools property with no set back and no protective barriers or vegetative screens; and for allowing the waste water drainage for the toll road project to run onto school district property and underneath Tesoro High School creating a continuous trespass of water.

SCOPING COMMENT PART 2:

There is no valid NEPA or CEQA for the construction south of the Oso Parkway Bridge. Construction of SR-241 south of Oso Parkway must be stopped until Caltrans, as the lead agency for NEPA opens a new environmental review of the environmental effects on Tesoro High School and the Habitat Reserve can be appropriately identified and mitigated. Each of these concerns will be addressed separately in future comments.

SCOPING COMMENT PART 3:

A new environmental review with Caltrans as the lead agency for NEPA must be completed prior to any construction of the Tesoro Extension of SR-241 South of Oso Parkway so that appropriate mitigation measures can be identified and mitigated. 

Any new environmental review would need to include impacts on Tesoro High School created by the project that is actually being constructed. 

 SCOPING COMMENT PART 4

A new environmental review with Caltrans as the lead agency for NEPA is required. The "Minor Amendment" granted to Rancho Mission Viejo results in unmitigated loss of Habitat Reserve acreage and will cause permanent, irreversible and unmitigable loss of subregional habitat value if construction of the SR 241 is allowed to continue south to the I-5 without a valid NEPA or CEQA.

It is unclear if Rancho Mission Viejo has complied with all the mitigation measures required as part of the approval of the minor amendment.

The 10% shift in alignment of SR-241 approximately 800 feet closer to Tesoro High School (a sensitive receptor); without any protective barriers, shows a callous disregard for the health and safety of Tesoro High School students and staff that must be mitigated.

The conditions as they currently exist decimate the Habitat Reserve and create dangerous conditions for both humans and animals. 

The Capistrano Unified School District has acted with callous disregard for staff and students and for taxpayer property rights by failing to act to oppose the new alignment.  

SCOPING COMMENT PART 5

Rancho Mission Viejo's application for a "Minor Amendment" to the SSHCP (a 10% shift in the alignment of the original "F" Street) contained material omissions. The application did not state that there were agreements in place between Rancho Mission Viejo, the County of Orange and TCA/Caltrans which would allow the TCA to fund the construction of modified "F" street aka Los Patrones Parkway, design and build Los Patrones Parkway to toll road specifications and, when complete turn Los Patrones Parkway over to the TCA/Caltrans to be a 5.5 mile segment of the Tesoro Extension of SR-241 which was denied permits 5 times by three separate entities (the San Diego Regional Water Quality Control Board, The California Coastal Commission, and the United States Secretary of Commerce) citing:

"... 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"

The 10% shift in alignment resulted in a loss of 87.8 acres from the Habitat Reserve, and permanent loss of 0.174 acre (3,015 linear feet) of ephemeral streambed waters of the United States and/or State resulting in unmitigated loss of Habitat Reserve acreage and permanent, irreversible and unmitigable loss of subregional habitat value in violation of the SSHCP.

A new environmental review with Caltrans as the lead agency for NEPA is required for any construction of the SR-241 south of the Oso Parkway bridge.

The 10% shift in alignment of SR-241 approximately 800 feet closer to Tesoro High School (a sensitive receptor); without any protective barriers, shows a callous disregard for the health and safety of Tesoro High School students and staff that must be mitigated.

The Capistrano Unified School District should receive recompense for taxpayer property that has been placed into the Habitat Reserve, and for the four Parcels of land (125-096-59, 125-096-60, 125-096-69, 125-096-82) purchased by the Capistrano Unified School District to build Tesoro high school that were placed into the right-of-way for the SR-241 by entities that did not own them and had no right to encumber them.

The Capistrano Unified School District should receive compensation of the value of the option they had on PA 2-North.

Continue on to Timeline 1967 to 1995