[Federal Register Volume 64, Number 204 (Friday, October 22, 1999)]
[Notices]
[Pages 57076-57080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27636]
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DEPARTMENT OF DEFENSE
Department of the Army; Army Corps of Engineers
Notice of Intent (NOI) To Prepare a Draft Environmental Impact
Report and Supplemental Environmental Impact Statement (EIR/SEIS) for
Proposed Modifications to the Guadalupe River Project, Downtown San
Jose, CA
AGENCY: U.S. Army Corps of Engineers (Corps), Sacramento District, DOD.
ACTION: Notice of intent.
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SUMMARY: The multiple purpose Guadalupe River Project (Project) is
under phased construction in downtown San Jose, California. The Project
was authorized by Section 401(b) of WRDA 1986 and amended by the Energy
and Water Development Appropriations Act for Fiscal Year 1990 to
provide flood protection, environmental protection, and recreation
features. Portions of the Project have been completed or are ongoing
under existing implementation authorities and environmental approvals.
Project modifications are now required to protect species recently
listed under the Endangered Species Act and to meet conditions for
water quality certification under the Clean Water Act. Project
modifications will likely include an underground bypass to convey flood
waters around important riparian habitat, and changes to the existing
mitigation and monitoring plan. The intent of the Draft EIR/SEIS is to
describe and evaluate potential effects of these proposed modifications
on environmental resources in the Project area. The integrated Draft
EIR/SEIS will include sufficient information for compliance with both
the National Environmental Policy Act (NEPA) and the California
Environmental Quality Act (CEQA), as well as opportunities for public
participation in the planning and decision making process. The lead
agencies are the Corps and the Santa Clara Valley Water District (Water
District).
DATES: A public scoping period will begin on October 22, 1999 and end
on November 24, 1999. Public comment is invited on the proposal to
modify the Project, the proposal to prepare the Draft EIR/SEIS, and on
the scope of issues to be included in the Draft EIR/SEIS. Please submit
any concerns by November 24, 1999 to the person identified below.
Scoping meetings are tentatively scheduled for November 9 and 17, 1999
in San Jose. Concerned persons and organizations are invited to call or
write to be included on the mailing list for these public meetings or
to receive other correspondence concerning the proposed action.
The scoping meeting on November 9 will be 7:00 to 9:30
p.m. at the Crown Plaza Hotel, 282 Almaden Boulevard, San Jose,
California.
The scoping meeting on November 17 will be 7:00 to 9:30
p.m. at the Santa Clara Valley Water District, 5750 Almaden Expressway,
San Jose, California 95118.
FOR FURTHER INFORMATION CONTACT: Nina Bicknese, Environmental
Specialist, U.S. Army Corps of Engineers, 1325 J Street, Sacramento,
California, 95814-2922, phone : (916) 557-7948, or fax: (916) 557-5138,
nbicknese@spk.usace.army.mil.
SUPPLEMENTARY INFORMATION:
1. Background
The Guadalupe River Flood Control Project is being implemented in
phases along the Guadalupe river in downtown San Jose, Santa Clara
County, California. The project was authorized by Section 401(b) of
WRDA 1986 and amended by the Energy and Water Development
Appropriations Act for Fiscal Year 1990 to provide flood protection,
environmental protection, and recreation features. Project construction
began in 1992. Construction of flood protection elements was stopped in
1996 for several reasons. Concerns developed regarding compliance with
the conditions of the State Water Quality Certification under Section
401 of the Clean Water Act (CWA), the listing of the red-legged frog
and
[[Page 57077]]
steelhead salmon under Section 7 of the Endangered Species Act (ESA),
and receipt of a notice issued by three environmental groups stating
their intent to sue under the citizen suit provision of the CWA.
Implementation of mitigation elements have continued under existing
approvals and in cooperation with concerned agencies.
In June 1997, concerned resource agency staff from the U.S. Fish
and Wildlife Service (USFWS), California Department of Fish and Game
(CDFG), National Marine Fisheries Service (NMFS), and the California
State Water Resources Control Board (SWRCB) met with the Corps and the
Water District to express their concerns about the then proposed
mitigation measures for the project. Resultantly, the following
priorities were identified by the resource agencies:
Redesign the Project to avoid impacts and maximize on-site
mitigation
Maximize on-site revegetation to replace impacted Shaded
Riverine Aquatic (SRA) cover
Provide off-site mitigation to replace impacted SRA cover
Provide fisheries mitigation
Provide thermal mitigation
Twenty-one mitigation issues were identified and options were
evaluated. In December 1997, the Corps and the Water District joined
with the City of San Jose (City) and the San Jose Redevelopment Agency
(SJRA) to initiate a collaborative and facilitated program to resolve
mitigation disputes among the resource agencies, project sponsors, and
litigants in the threatened 1996 lawsuit.
In July 1998, this collaborative ratified a Dispute Resolution
Memorandum (DRM) which required the Corps and The Water District to
reevaluate a portion of the project, referred to as Contracts 3A and 3B
reaches, to avoid impacting remaining riparian and aquatic habitat in
the those reaches. Concurrently, the Corps determined the environmental
impacts associated with the Project's remaining phases could not be
adequately mitigated to maintain Project compliance with the ESA and
CWA. The Corps concluded that an General Reevaluation Report (GRR)
should be developed.
Since October 1998, the Corps and The Water District (lead
agencies) have been further refining objectives and alternatives in
coordination with concerned environmental regulatory agencies and the
collaborative to develop proposed project modifications to satisfy the
CWA and (ESA) concerns.
Study Area Location
The Guadalupe River, located primarily in the City of San Jose,
south of San Francisco Bay, drains an area of about 160 square miles
into the Bay. The primary project area is located along 2.6 miles of
the Guadalupe River in downtown San Jose, between Grant Street, just
upstream from Interstate-280, and Interstate-880. In addition, two off-
site mitigation areas are proposed, one along Reach A downstream of the
Project area and the other along lower Guadalupe Creek above its
confluence with Alamitos Creek (Figure 1-1).
2. Document Scope
This pending Draft EIR/SEIS was preceded by a series of documents
concerning the authorized Project that were prepared and processed in
compliance with the National Environmental Policy Act (NEPA) and the
California Environmental Quality Act (CEQA). To address the proposed
Project modifications, the Corps will produce one document which
integrates the combined NEPA and CEQA environmental document with the
General Reevaluation Report required by the corps. The purpose of the
integrated GRR-EIR/SEIS is to develop and assess a modified recommended
plan and to develop and assess alternatives for the remaining project
which avoid and mitigate for adverse effects on environmental
resources. This document will address new information, alternative
plans, potential effects, and benefits and costs related to compliance
with conditions for water quality certification and ESA.
The GRR-EIR/SEIS will describe and evaluate the potential effects
of proposed modifications to the Guadalupe River Project (Project) in
downtown San Jose. It will support decision making by the Corps and
Santa Clara Valley Water District to implement the proposed Project
modifications and ensure compliance with the National Environmental
Policy Act (NEPA) and California Environmental Quality Act (CEQA).
Potential direct and indirect environmental, social, and economic
effects of the alternatives will be evaluated, a plan recommended for
implementation, and details presented on the Federal and non-Federal
participation needed to implement the recommended plan.
3. Development and Evaluation of Alternative Plans for Project
Modifications
The following primary objectives were developed by the study team
and collaborative members through an iterative process, and were used
to develop alternative plans for project modifications.
Reduce flood damage from the Guadalupe River in downtown
San Jose by conveying flood flows up to the estimated 100-year flood
event through the project area.
Avoid and mitigate for potential adverse impacts to fish
and wildlife habitat using the opportunities associated with
construction of the flood control components, with special emphasis on
potential restoration of the remnant chinook salmon and steelhead trout
fisheries.
Be consistent with redevelopment plans adjacent to the
Guadalupe River in downtown San Jose through integration with the
Guadalupe River Park and Gardens Master Plan and downtown redevelopment
plans with preservation of historic and cultural resources.
Provide recreation elements compatible with local
recreation plans and the General Design Memorandum.
Provide for a minimum, undiverted flow of 1,500 cfs
throughout the bypass reach to accommodate fish and wildlife concerns.
Provide invert stabilization in the bypass reaches where
the natural river remains to preserve the existing vegetation and
proposed mitigation and to provide fish passage.
Design the Project so that it will not cause elevated
water temperature or other Project impacts which harm anadromous fish
species or other beneficial uses during Project construction and over
the entire Project life, including the transition period before
replacement vegetation matures.
Design the Project for successful migration of anadromous
fish through the Project area, including armored channel invert
sections of the Project.
Replace the same quantity and quality of anadromous fish
habitat, including spawning and rearing habitat, as was present prior
to Project construction.
4. Evaluation Criteria and Range of Alternatives
Development of alternatives plans was initiated with the goal to
consider all feasible measures to achieve the planning objectives plus
criteria of effectiveness, efficiency, completeness, acceptability.
Equal consideration was given to the objectives of alleviating the
flooding problem; avoiding and/or mitigating for potential adverse
impacts to fish and wildlife habitats; and providing recreation
opportunities and public access consistent with local
[[Page 57078]]
redevelopment and recreation master plans in and adjacent to the
Guadalupe River in downtown San Jose. These measures were analyzed to
determine their applicability and overall feasibility in the study
area. Subsequently, the management measures that were considered to be
appropriate to address the flooding, environmental, and recreation
issues, were assembled into an array of alternative plans for project
modifications. These alternatives were progressively screened and
refined throughout the planning process until a set of final candidate
plans was set as a basis for selection of a recommended plan. The
results indicated that only the triple bypass alternatives were able to
meet both the hydraulic and environmental mitigation criteria.
5. Alternatives Considered
As part of the planning process, many alternatives were considered
prior to the preparation of the General Design Memorandum. Development
of alternatives plans for project modification was initiated with the
goal to consider all feasible measures to achieve the planning
objectives plus criteria of effectiveness, efficiency, completeness,
acceptability. Equal consideration was given to the objectives of
alleviating the flooding problem; avoiding and/or mitigating for
potential adverse impacts to fish and wildlife habitats; and providing
recreation opportunity and public access consistent with local
redevelopment and recreation master plans in and adjacent to the
Guadalupe River in downtown San Jose. These measures were analyzed to
determine their applicability and overall feasibility in the study
area. Subsequently, the management measures that were considered to be
appropriate to address the flooding, environmental, and recreation
issues, were assembled into an array of alternative plans for project
modifications.
While the Draft EIR/SEIS will address an array of alternatives
considered, only two feasible alternatives remain for detailed analysis
in the document after completion of a rigorous and iterative screening
process. Except for the no action alternative, all alternatives were
developed to provide the authorized 100-year flood protection. The no
action alterative would be to complete mitigation plantings for
Contracts 1, 2, and 3C reaches under existing approvals, but do no
further construction on the Contract 3A and 3B reaches of the
authorized project. The ``cured'' alternative would be to add
additional mitigation to the authorized project to meet all concerns,
but it is not implementable because there is insufficient area for all
required mitigation. Channel widening and upstream detention
alternatives were found to be engineeringly and/or economically
infeasible. A number of bypass systems were evaluated in order to leave
as much of the natural stream channel as possible, minimize impacts on
riparian resources, and provide adequate environmental mitigation. The
final two alternatives to be included in detail in the Draft EIS/SEIS
are the no action and the underground bypass system alternative with
three conduits, plus inlet and outlet structures, low flow channel, and
mitigation measures.
6. Proposed Action
The Bypass System Alternative has been proposed to avoid or
minimize impacts on riparian resources and protected fish and wildlife
species that occur within the Contracts 3A and 3B reach of the
Guadalupe River. Specially, this alternative would reduce the amount of
riparian vegetation and SRA cover that would be affected while meeting
the purpose of providing 100-year flood protection to downtown San Jose
and vicinity. Project modifications include a bypass system, bank and
invert armoring, and gradient control structures.
To reduce flooding, the bypass system would route flood flows from
the natural river channel into the underground structures and
discharges further downstream where there is greater channel capacity
to pass flood flows. The underground bypass system will have three
independent conduits with different inlet and outlet locations. Inlets
for two of the structures will be located on the Guadalupe River
upstream of the West Santa Clara Street bridge, and the inlet for the
third structure will be located on the Guadalupe River downstream of
the confluence with Los Gatos Creek. The outlets for two of the
structures will be located on the Guadalupe River upstream of the
Coleman Avenue Bridge. The third outlet will be constructed on the
Guadalupe River downstream of the Coleman Avenue bridge.
Although the underground bypass minimizes effect on vegetation by
eliminating most of the bank armoring originally proposed for this
section of the river under the Project, some armoring is still required
in association with the construction of inlets and outlets. Under the
existing Project, most of the river bank and invert in Contracts 3A and
3B was proposed to be armored. The proposed bypass system will minimize
river bank and invert armoring.
Bank and Invert Armoring
Although the underground bypass minimizes effects on vegetation by
eliminating most of the armoring originally proposed under the existing
Project for this reach of the river, some armoring is still required,
including armoring associated with the inlets described above. The east
and west banks and the river invert will be armored for approximately
609 feet at the downstream end of Contract 3A (under and upstream of
the Coleman Avenue bridge), and for approximately 1,891 feet in
Contract 3B (under the Park Avenue bridge to downstream of the West
Santa Clara Street bridge). The channel invert in Contract 3B will also
be armored for approximately 300 feet downstream of the Los Gatos Creek
confluence, where an inlet is proposed. Wherever the natural channel
invert is armored, a low-flow channel will be constructed in the
armored section to provide fish passage through the area. Additionally,
the east bank will be armored from the West Santa Clara Street bridge
to approximately 50 feet downstream of the New Julian Street bridge.
The extent of channel invert and bank armoring may be less, depending
on the final design of the triple bypass system.
Stream Channel Invert Gradient Control Structures
Gradient control structures may be placed in the invert of the
stream channel throughout the bypassed section of the river. The
purpose of the gradient control structures is to stabilize ongoing bank
erosion and channel incision, increase instream cover, and provide
improved fish habitat.
Location and Description of Project Compensatory Mitigation Components
Compensatory mitigation components of the Project will be located
at onsite and offsite areas. Onsite areas are located in Contracts 1,
2, 3A, and 3B reaches an the Woz Way-Park Avenue Bypass Reach.
Compensatory mitigation plantings in onsite areas were maximized prior
to using offsite areas. Offsite compensatory mitigation areas include
Research A (located along the Guadalupe River between Airport Parkway
and I-880) and lower Guadalupe Creek (a tributary to the Guadalupe
River). Other compensatory measures include protecting or improving
riparian vegetation, SRA cover, and anadromous fish habitat (i.e.,
water temperature, spawning gravel, passage, and fish habitat
diversity).
[[Page 57079]]
7. Possible Environmental Effects
Based on the available information collected and analyzed to date,
significant effects will be avoided or will be minimized by
implementing the environmental commitments specified in the proposed
action. The resources for which potential adverse effects were
identified include river geomorphology, biological resources, air
quality, transportation and traffic, hazardous materials, and cultural
resources.
River Geomorphology. Operation of the Project could result
in changes in river geomorphology in the reaches of the Guadalupe River
included in the Project. Post-project monitoring would focus on channel
incision. If monitoring indicates a substantial increase in incision,
measures would be implemented to address this issue, such as
constructing additional invert stabilization structures.
Biological Resources. Construction of the Project would
require removal of SRA cover and disturbance of the river channel.
These activities could result in adverse effects on fish habitat during
and after construction. Anadromous fish evaluated are steelhead, which
is listed as threatened under the Endangered Species Act, and chinook
salmon. Effects on fish and fish habitat during construction will be
minimized by restricting in-water construction to summer low-flow
periods, by ensuring that activities that divert flow would not
restrict fish passage, and by implementing measures to control spills
and erosion. Effects on SRA cover and associated increases in water
temperature, loss of spawning gravel, and fish passage would be
addressed by onsite and offsite mitigation planting, replacing and
maintaining spawning gravels, replacing rearing habitat, and providing
for fish passage through armored sections of the Project.
Air Quality. Earthmoving associated with constructing the
Bypass Alternative could result in increased PM10 emissions. This
effect would be addressed by implementing the Bay Area Air Quality
Management District's feasible control measures for soil removal
activities.
Transportation and Traffic. Project construction could
result in a temporary short-term loss in available parking in the
Project area. This temporary loss would be offset by providing offsite
parking during construction and running a shuttle service to and from
the offsite parking lots and an office park being constructed in the
Project area.
Cultural Resources. Unknown cultural resources could be
discovered during Project construction. This potential effect will be
addressed by monitoring during ground-disturbing activities and
evaluating the significance of any cultural resources found during
construction.
Other Resources. Studies to date have concluded that the
proposed action (modified project with mitigation commitments) would
either not affect certain resource areas or that the effect on these
resource areas attributable to the Project would not be considered
significant. These resources are land use, recreation, public access,
visual resources, agriculture, minerals, population and housing, and
public services and utilities. The Draft GRR-EIR/SEIS will describe and
evaluate potential effects and will be available for public review and
comment.
8. Proposed Scoping Process
a. This Notice of Intent initiates the scoping process whereby the
Corps and the Water District will refine the scope of issues to be
addressed in the Draft GRR-EIR/SEIS and identify potential significant
environmental issues related to the proposed action.
b. Public comment is invited on the proposal to prepare the Draft
GRR-EIR/SEIS and on the scope of issues to be included therein.
c. The Corps and Water District will consult, local, State and
Federal agencies with regulatory or implementation responsibility for,
or expertise with, the resources in the area of investigation. These
include, but are not limited to, U.S. Fish and Wildlife Service,
National Marine Fisheries Service, and U.S. Environmental Protection
Agency, the State Historic Preservation Officer, California Department
of Fish and Game, California Environmental Protection Agency, State and
Regional Water Quality Control Boards, California Department of
Transportation; and the City of San Jose and San Jose Redevelopment
Agency.
d. Meetings with interested persons will be held during the scoping
period and after release of the Draft GRR-EIR/SEIS. Coordination with
Federal and State agencies, Tribal governments, and local governments
will occur throughout the entire process as necessary.
e. In November 1999, scoping workshops will be held in the
community to explain the Notice of Intent and the Notice of
Preparation, and to solicit suggestions, recommendations, and comments
to help refine the issues, measures, and alternatives to be addressed
in the Draft GRR-EIR/SEIS. Specific locations, dates, and times of the
meeting(s) will be published in local newspaper(s) or other media, and
be provided to those persons receiving this Notice and those that may
call or write after seeing a published version.
f. A 45-day public review period will be provided for public review
and comment on the Draft GRR-EIR/SEIS. All interested persons should
respond to this notice and provide a current address if they wish to be
notified of the Draft GRR-EIR/SEIS. A 30-day public review period will
be provided for review and comment on the Final GRR-EIR/SEIS.
9. Availability
The Draft GRR-EIR/SEIS is expected to be available for a
45-day public review and comment period in early 2000.
The Final GRR-EIR/SEIS is expected to be available for a
30-day review period in late 2000.
10. Commenting
A Draft GRR-EIR/SEIS is expected to be available for public review
and comment in early 2000 and a final GRR-EIR/SEIS in late 2000. The
comment period on the Draft GRR-EIR/SEIS will be 45 days from the date
of availability published in the Federal Register by the Environmental
Protection Agency. Comments received in response to this solicitation,
including names and addresses of those who comment, will be considered
part of the public record on this proposed action and will be available
for public inspection. Comments submitted anonymously will be accepted
and considered. Please provide any comments to the person identified on
the first page of this notice. Pursuant to 7 CFR 1.27(d), any person
may request the agency to withhold a submission from the public record
by showing how the Freedom of Information (FOIA) permits such
confidentiality. Persons requesting such confidentiality should be
aware that, under the FOIA, confidentiality may be granted in only very
limited circumstances, such as to protect trade secrets. The Corps will
inform the requester of the agency's decision regarding the request for
confidentiality, and where the request is denied, the agency will
return the submission and notify the requester that the comments may be
resubmitted with or without the name and address.
11. Coordination With Concerned Agencies
The Corps and The Water District as the lead Federal and State
agencies with responsibility to prepare this GRR-EIR/
[[Page 57080]]
SEIS, will cooperate and consult with concerned agencies, the
Collaborative, and those on the Executive Committee for this project.
The Environmental Protection Agency and Fish and Wildlife Service have
regulatory responsibilities that could not efficiently be considered
without direct involvement; guidance regarding formal consultation
responsibilities under the Endangered Species Act will be provided by a
Fish and Wildlife Service specialist who will participate as a member
of the interdisciplinary team. Other agencies, local and county
governments will also be invited to participate, as appropriate.
12. List of Public and Private Persons/Agencies Notified
A list of persons and agencies notified is available upon request
to the person identified on the first page of this notice.
13. Decisions To Be Made and Responsible Officials
The Commander, Sacramento District is the official responsible for
compliance with NEPA for actions within the District's boundaries. The
Santa Clara Valley Water District Board of Directors is responsible for
CEQA compliance for the proposed action. After completion of review,
the Chief of Engineers will sign his final report and transmit the
report and accompanying documents to the Assistant Secretary of the
Army for Civil Works (ASA(CW)). After review, ASA(CW) will transmit the
report to the Office of Management and Budget (OMB) requesting its
views in relation to the programs of the President. After OMB provides
its views, ASA(CW) will sign the record of decision (ROD) and transmit
the report to Congress. The responsible officials for respective NEPA
and CEQA compliance are: COL Michael Walsh, District Engineer,
Sacramento District, U.S. Army Corps of Engineers, 1325 J Street,
Sacramento, CA 95814-2922; Mr. Stanley Williams, Santa Clara Valley
Water District, 5750 Almaden Expressway, San Jose, CA 95118.
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 99-27636 Filed 10-21-99; 8:45 am]
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