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Category: SR241 Public Scoping Comments
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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:

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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.

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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