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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

 

Continue from TIMELINE 2006 - 2014   

TIMELINE 2014 to the Present

BACKUP PLAN

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

November 21, 2014

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

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

The Application contained material misstatements of facts:

Fact Stated:

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

The Proposed project is not consistant with the SAMP or MAAS

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

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

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

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

Material Ommiission:

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

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

Fact Stated:

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

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

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

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

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

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

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

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

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

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Operation of Middle Chiquita Canyon Reservoirs CEQA

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

Notice of Determination

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

Determinations

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

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

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

March 16, 2015

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

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

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

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

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

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

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

BACKUP PLAN IMPLEMENTATION

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

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

April 1, 2015

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

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

Notice of Determination

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

Determinations

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

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

The permit expressly stated on page 2:

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

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

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

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

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

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

(1) Agreement for Grant of Fee Credits

(2) Grant Deed to County of Orange

(3) Irrevocable Offer to Convey 

and  

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

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

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

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

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

Notice of Determination

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

Determinations

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

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

They are not specifying any mitigation for this take.

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

 

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

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

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

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

July 16, 2015 

SPL-1999-1623

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

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

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

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

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

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

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

The Ranch Plan General Plan Amendment and Zone Change

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

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

Notice of Determination

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

Determinations

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

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

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

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

June 13, 2017

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Trampas Canyon Dam and Reservoir Project CEQA

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

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

Notice of Determination

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

Determinations

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

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

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

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

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

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

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

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

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

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

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

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

Board Audio at 46:27 BLUE CARD Dawn Urbanek 

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

Board Audio at 52:23 Superintendent Kristen Vital

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

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

Board Audio at 53:00 Attorney Jeff Hoskinson

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

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

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

June 29, 2017

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

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

Notice of Determination

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

Determinations

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

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

Notice of Determination

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

Determinations

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

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

Notice of Determination

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

Determinations

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

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

Notice of Determination

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

Determinations

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

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

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

Board Meeting Agenda at page 890

Board Audio at 4:00:29 

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

 
April 13, 2018

San Diego Regional Water Quality Control Board

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

April 25, 2018

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Construction and Management of Oso Parkway Bridge Project CEQA

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

Notice of Determination

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

Determinations

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

Notice of Determination

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

Determinations

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

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

Notice of Determination

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

Determinations

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

Gobernadora Scour Protection and Habitat Restoration Project CEQA

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

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

Notice of Determination

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

Determinations

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

Notice of Determination

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

Notice of Determination

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

Determinations

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

CEQA DOCUMENT SCH Number 2006061140 NCCP/MSAA/HCP 

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

Notice of Determination

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

Notice of Determination

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

Determinations

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