[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Notices]
[Pages 46723-46726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23375]
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DEPARTMENT OF DEFENSE
Department of the Navy
Record of Decision
AGENCY: Department of Defense, Department of the Navy.
ACTION: Record of Decision to implement the sewage effluent compliance
project for the Santa Margarita River Basin of Marine Corps Base, Camp
Pendleton, California.
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SUMMARY: Pursuant to Section 102(c) of the National Environmental
Policy Act (NEPA) of 1969, and the Council of Environmental Quality
Regulations (40 CFR parts 1500-1508), the Department of the Navy
announces its decision to upgrade the wastewater treatment and disposal
systems in the Santa Margarita River Basin of Marine Corps Base (MCB),
Camp Pendleton, California. Upgrades in the Santa Margarita River Basin
include the construction of a series of wastewater discharge flow
percolation/equalization ponds inland from the coastline, and a
connecting pipeline, approximately 98,000 total lineal feet, to connect
sewage treatment plants 1, 2, 3, 8 and 13 to the La Salina ocean
outfall, which is owned and operated by the City of Oceanside.
DATES: This action is effective immediately.
ADDRESSES: Mr. Lupe E. Armas, Assistant Chief of Staff, Environmental
Security, Marine Corps Base, Camp Pendleton, CA 92055-5008.
FOR FURTHER INFORMATION CONTACT: Mr. Armas at (619) 725-4512.
SUPPLEMENTARY INFORMATION: Pursuant to Section 102(c) of the National
Environmental Policy Act (NEPA) of 1969, and the Council on
Environmental Quality Regulations (40 CFR parts 1500-1508), the
Department of the Navy announces its decision to upgrade the wastewater
treatment and disposal systems in the Santa Margarita River Basin of
Marine Corps Base (MCB), Camp Pendleton, California. Upgrades in the
Santa Margarita River Basin include the construction of a series of
wastewater discharge flow percolation/equalization ponds inland from
the coastline, and a connecting pipeline, approximately 98,000 total
lineal feet, to connect percolation/equalization ponds serving sewage
treatment plants 1, 2, 3, 8 and 13 to the La Salina ocean outfall,
which is owned and operated by the City of Oceanside. The project will
be constructed in two phases. Phase one includes construction of new
infrastructure linking facilities on Camp Pendleton. Phase two includes
pipeline construction from the percolation/equalization ponds on Camp
Pendleton to the La Salina Oceanside ocean outfall, as well as
authorize execution of the utility service agreement contract with the
City of Oceanside for the use of the outfall.
Sewage treatment plants 3 and 8 were constructed in the 1940's and
currently discharge secondary treated effluent to percolation basins
adjacent to the sewage treatment plants within a beneficial use portion
of the lower Santa Margarita River Basin. Sewage treatment plant 1 was
constructed in the 1940's and currently discharges secondary treated
effluent to oxidation ponds and then as a surface discharge to the
Santa Margarita River Basin at locations distant from the plant. Sewage
treatment plant 2 was constructed prior to 1960 and currently
discharges secondary effluent that is primarily diverted for irrigation
use at the Marine Memorial Golf Course with any excess effluent
discharged to the Santa Margarita River via a series of oxidation
ponds, open channel trenches and pipelines. Sewage treatment plant 13
was constructed prior to 1960 and was designed to discharge secondary
effluent via force main pipeline to percolation ponds in the lower
Santa Margarita River, approximately 3 miles distant (upriver). The
force main pipeline was damaged by the January 1993 flood; consequently
sewage treatment plant 13 discharges secondary effluent directly to the
Santa Margarita River at a location adjacent to the estuary.
Groundwater extracted from this basin serves developments within
the southern portion of MCB Camp Pendleton. The current quality of
effluent discharged into the Santa Margarita River Basin, from all
plants, does not meet the standards of the 1994 San Diego Water Quality
Basin Plan, the State of California Porter Cologne Water Quality Act of
1969, and the National Pollution Discharge Elimination System
requirements of the Federal Water Pollution Control Act of 1972. As a
result of these discharges, the San Diego Regional Water Quality
Control Board issued Cease and Desist Orders to MCB Camp Pendleton in
January 1989. To
[[Page 46724]]
comply with these Cease and Desist Orders, new facilities are required
to improve wastewater treatment and disposal practices and meet the
Basin Plan objectives.
Alternatives considered for correcting the conditions cited in the
Cease and Desist Orders included water disposal of effluent, land
disposal of effluent and no action. Water disposal alternatives
included construction of an ocean outfall, live-stream discharge of
either secondary- or tertiary-treated effluent to the Santa Margarita
River, discharge to an off-base publicly owned treatment works, and a
basin plan amendment. Land disposal alternatives included percolation
basins, biological ponds, leach fields, and injection wells.
The preferred alternative, as identified in the Draft Environmental
Impact Statement (DEIS) consists of the construction of 98,000 feet of
pipeline, and percolation/equalization ponds connecting all five Base
sewage treatment plants and traversing through the City of Oceanside,
to the City owned La Salina ocean outfall for ultimate disposal. Though
all five sewage treatment plants will be connected to the ocean
outfall, only sewage treatment plant 13 normally will discharge to this
outfall. The other sewage treatment plants will discharge to the
outfall during storm events. The Base sewage treatment plants would
continue to treat sewage and discharge effluent at the current
secondary level. This alternative is identified in the Final
Environmental Impact Statement (FEIS) as the environmentally preferred
alternative for the Santa Margarita River. Connection to the La Salina
ocean outfall will require the approval of the City of Oceanside.
A systematic and multidisciplinary approach to identify
alternatives was utilized which incorporated criteria based upon
technical and functional suitability. Alternatives were evaluated for
technical suitability consistent with the numerous constraints imposed
by available land for treatment and disposal facilities and subsurface
geological and hydrogeological conditions. Technically suitable
alternatives were further evaluated for their ability to satisfy the
following six functional requirements of the project: (1) Prevention of
degradation of water quality to sustain beneficial uses identified in
the San Diego Basin Plan, (2) compliance with water quality standards
in accordance with State Groundwater Recharge Guidelines, (3)
compliance with water quality standards in accordance with Federal and
State safe drinking water standards, (4) compliance with the timelines
identified in the Cease and Desist Orders, (5) maintenance of sustained
volume within each water basin, and (6) prevention of saltwater
intrusion into each water basin. The analysis determined that the
preferred alternative is the only alternative that meets all six
functional requirement criteria, and is therefore the most
environmentally preferable.
All practical means to avoid or minimize environmental harm have
been adopted as identified below and are amplified in the FEIS.
Construction of the on Base percolation/equalization ponds and
pipeline within the Santa Margarita River will require grading and
excavation. A soil erosion control plan will be prepared for
construction, and will include restricting grading and excavation
during the rainy season, restricting heavy equipment to existing roads
and rights-of-way, installing sediment control measures, and
implementing post-construction revegetation. Construction of the
facilities within the City of Oceanside will also require trenching
operations. Implementation of the pipeline project segments within
Oceanside will be performed consistent with grading operation
specifications developed by the City of Oceanside.
To reduce potential significant impacts on paleontological
resources to an acceptable level, the Marine Corps will develop an
environmental education program, develop an information pamphlet and
conduct an environmental education class for all construction project
personnel. Additionally, environmental monitors shall be present when
construction activities occur in designated sensitive areas.
Environmental monitors shall ensure that paleontological resources are
recovered according to approved procedures. If paleontological
resources are identified aboard the Base or within the City of
Oceanside, and salvage efforts are required, the Marine Corps will
curate the materials. Those materials found in the City of Oceanside
will be provided to the City as requested.
The Southwestern willow flycatcher (Empidonax trailii), the least
Bell's vireo (Vireo belli pusillus) and the Arroyo southwest toad (Bufo
mocroscaphus), all federally listed endangered species, are known to
occur in the riparian areas of the Santa Margarita River drainage. The
vireo and the flycatcher are known to occur in the Pilgrim Creek reach
of the San Luis Rey River drainage.
Construction activities will likely be completed outside of the
vireo and flycatcher breeding season (March 15 through September 15).
Clearing of the vegetation will be completed prior to the breeding
season. This will avoid the possibility of vireos and flycatchers
nesting within the area that may be directly affected by the
construction activities. In addition, construction outside of the
breeding season will avoid indirect noise impacts to the species.
For construction that cannot be accomplished between September 15
to March 15, additional mitigation measures will be implemented in
accordance with the United States Fish and Wildlife Service Section 7
Endangered Species Act Biological Opinion for Programmatic Activities
and Conservation Plans in Riparian and Estuarine/Beach Ecosystems on
Marine Corps Base Camp Pendleton, BO 1-6-95-F-02 (Riparian Biological
Opinion) and the United States Army Corps of Engineers Section 404
Permit will be implemented. These will include a pre-construction
survey that will determine whether any active vireo or flycatcher nests
are within 500 feet of the construction corridor prior to construction
activity. All work within 500 feet of a nest will be completed within a
continuous 8-week period.
To avoid the small possibility that arroyo southwestern toads, or
that other wildlife, could be injured by falling into open trenches or
by burrowing into trench walls or spoils piles, no trenches will be
left unprotected at night. If the arroyo southwestern toad breeding
season (February 1 to September 30) cannot be avoided and
preconstruction surveys reveal that construction will take place in
toad habitat, mitigation measures will be implemented as mandated by
the Riparian Biological Opinion, including fencing the pipeline
corridor with silt-screen or shade cloth material the night prior to
trenching and removing all toads within the enclosure. Any necessary
removal of toads or other animals from trenches will be performed by a
biologist permitted by the U.S. Fish and Wildlife Service to handle
Arroyo Southwestern toads.
The project will result in a temporary loss of 6.3 acres of
riparian habitat in the Santa Margarita River drainage (including
jurisdictional wetlands and waters of the United States), which
provides habitat for the endangered willow flycatcher and vireo.
Temporary impacts to riparian habitats, including mulefat scrub,
southern arroyo riparian and southern willow scrub, will be mitigated
through a combination of invasive exotic plant control and vegetation
management to allow natural native species revegetation within five
years. Restoration of temporary impacts
[[Page 46725]]
will consist of invasive exotic plant control, measures to alleviate
soil compaction that may occur during construction activities, and
monitoring for a period of five years. The Marine Corps will monitor
the effects of discharge elimination from sewage treatment plant 3 in
the Santa Margarita Riparian system for 10 years to establish baseline
data for areas upstream, adjacent to and downstream of the existing
percolation basins. Hydrologic and vegetation monitoring data will be
collected in accordance with the provisions of the Riparian Biological
Opinion and provisions of the Clean Water Act Section 404 and 401
permits. Should changes in water quality or water levels be detected,
the Marine Corps will consult with the San Diego Regional Water Quality
Control Board and the U.S. Fish and Wildlife Service to develop and
implement appropriate mitigation measures. No permanent or temporary
riparian or wetland impacts are expected with project implementation
within the San Luis Rey River drainage.
Critical Habitat for the Southwestern Willow Flycatcher has
recently been designated by the U.S. Fish and Wildlife Service,
including the 100-year flood plain of the Santa Margarita River.
However, no permanent riparian/wetland impacts are expected from
project implementation within the critical habitat area. Accordingly,
the project will not adversely modify this habitat.
The California gnatcatcher (Polioptilla california), a federally
listed threatened species, is present in the coastal sage scrub habitat
near the percolation/equalization ponds and pipeline alignments. The
project will result in a direct temporary impact to 2.5 acres of the
coastal sage scrub, of which only 0.80 acres are currently occupied
gnatcatcher habitat. Mitigation and compensation for permanently
removed occupied coastal sage scrub habitat (e.g., for the pipeline
access road and the Lemon Grove ponds) will be achieved through habitat
enhancement and management at a ratio of 2:1 in coastal sage scrub
areas closest to the project impacts. The enhancement areas should stay
free of any development or disturbance in the future. In accordance
with the Biological Opinion 1-6-96-F-36 for the project (Upland
Biological Opinion), coastal sage scrub habitat will be revegetated
within two years of construction in all areas where permanent
vegetation removal is not required (i.e., along pipeline alignments).
Clearing of vegetation for the Lemon Grove ponds shall be done outside
of the gnatcatcher breeding season (February 1 through July 31).
To the maximum extent possible, construction activities will be
completed outside the California gnatcatcher breeding season to avoid
indirect noise impact to the species. For construction that cannot be
accomplished between August 1 and January 31, additional mitigation
measures will be implemented in accordance with the Upland Biological
Opinion. These include clearing of the vegetation prior to the breeding
season, even if subsequent construction activities occur within the
breeding season. This avoids the possibility of gnatcatchers nesting
within the area that may be directly affected by the project. A pre-
construction survey will determine whether any active gnatcatcher nests
are within 500 feet of the pipeline corridor prior to construction
activity. For those nests within 500 feet, a topographical analysis
will be completed to determine if disturbance is probable. If so, then
all work within 500 feet of a nest will be completed within a
continuous 96 hour period.
To mitigate temporary impacts to coastal sage scrub habitat
affected areas will be recontoured and reseeded with native coastal
sage scrub species and non-native vegetation will be controlled for
three years. This work will be initiated no later than the first
growing season after the area is disturbed from project construction
activities. Per the Upland Biological Opinion, this revegetation will
be considered acceptable if the total cover by native coastal sage
scrub species is at least 70 percent and the vegetation is not being
artificially sustained, or if the Marine Corps can demonstrate to the
satisfaction of U.S. Fish and Wildlife Service that the habitat is
insignificantly different from naturally occurring gnatcatcher habitats
or fully functional coastal sage scrub on the Base.
A report summarizing habitat enhancement and restoration will be
provided to the U.S. Fish and Wildlife Service within 60 days of the
initial phase and after three years to document the success of the
mitigation measures.
Thread-leaved brodiaea (Brodiaea filifolia), a proposed threatened
plant species, has been identified along the construction corridor
adjacent to the Headquarters alignment within the southern portion of
the Base. Construction will result in the removal of a small population
(five individuals plants) of thread-leaved brodiaea. The plant corms
will be transplanted, prior to construction, to another suitable area
on the Base that is presently occupied by the species.
Vernal Pools with associated watersheds have been identified near
sewage treatment plant 2 along the project pipeline alignment. The
pools and associated watershed adjacent to sewage treatment plant 2
will be fenced and monitored by a biologist. An erosion control plan
will also be implemented to minimize dust, sedimentation, or siltation
into the pools. This plan will be implemented by the contractor and
reviewed and approved by the Base to ensure that the methods
implemented are deemed effective. All pipelines will follow existing
roads to the maximum extent practical.
Construction will affect three archeological sites determined to be
eligible for inclusion on the National Register of Historic Places. The
Marine Corps will prepare a treatment and data recovery plan for these
three sites; CA-SDI 12,628, CA-SDI-14,0005H, and CA-SDI-14,170. A
construction monitoring plan to include a discovery plan will also be
prepared. The construction monitoring plan will also include monitoring
for buried cultural resources within areas of Quaternary alluvium
within the project alignment and at cultural resource sites CA-SDI-
8761, CA-SDI-14,060, CA-SDI-14,058 and CA-SDI-14,059. Flagging of the
right-of-way boundaries and construction monitoring will occur in the
vicinity of cultural resource sites CA-SDI-12,567 and CA-SDI-12,577 to
ensure avoidance of the significant site areas. Should archeological
resources be encountered during construction, all work will be halted
in the immediate area to determine if the resources are significant and
whether excavation or protection of resources is required. The
California State Historic Preservation Officer concurs with this
approach.
Analysis of air emissions that would occur during construction and
operation of the percolation ponds determined that these emissions will
be below de minimis levels and that the project conforms with the State
Implementation Plan for air quality.
A Coastal Consistency Negative Determination was prepared and
submitted for this project to the California Coastal Commission. The
Negative determination concluded that the proposed action is being
carried out in a manner consistent with the enforceable policies of the
Coastal Zone Management Act. The California Coastal Commission and the
City of Oceanside concur with this determination. A separate Coastal
Use Development Permit was prepared and submitted to
[[Page 46726]]
the City of Oceanside in compliance with the City of Oceanside Local
Coastal Plan and the California Coastal Management Program. The
Oceanside City Planning Commission has approved the Coastal Use
Development Permit.
The proposed action has been evaluated with respect to
environmental and social impacts, as well as access to public
information and an opportunity for public participation in the NEPA
process as mandated by Executive Order 12898, ``Federal Actions to
Address Environmental Justices in Minority Populations and Low-Income
Populations.'' The project is consistent with the goals and provisions
of that Executive Order and no disproprotionate impacts to minority or
low-income populations will occur.
In the event that the Marine Corps and City of Oceanside are unable
to come to an agreement for connecting to the La Salina ocean outfall,
the Marine Corps will utilize the new force main pipeline to collect
treated effluent from sewage treatment plants 1, 2, 3 and 8 and dispose
of treated effluent at percolation/equalization basins that will be
constructed at the Lemon Grove site, as discussed in the FEIS. Also, as
discussed in the FEIS, effluent diversion from sewage treatment plants
1 and 2 will be continued and be used primarily to irrigate the Marine
Memorial Golf Course during the dry season, and a separate pipeline
would be constructed (included within the 98,000 foot estimate) from
the golf course to the new force main pipeline (to the Lemon Grove
percolation/equalization ponds) to dispose of surplus irrigation
effluent during the winter months. In addition, as discussed in the
FEIS, effluent from sewage treatment plants 3 and 8 would also flow to
the Lemon Grove percolation/equalization ponds. Finally, treated
effluent from sewage treatment plant 13 would continue to be discharged
to the existing Twin Lakes equalization/percolation ponds; to the Santa
Margarita River; and possibly to the Lemon Grove Ponds, capacity
permitting. Any continued discharge to the Santa Margarita River would
be in violation of the Cease and Desist Order. Accordingly, continued
discharge from sewage treatment plant 13 into the Santa Margarita River
would require an upgrade to sewage treatment plant 13 to meet current
permit conditions or a modification of the National Pollutant Discharge
Elimination System permit granted to MCB Camp Pendleton by the San
Diego Regional Water Quality Control Board. Implementation of any
proposal to obtain a revised National Pollutant Discharge Elimination
System permit or to add advanced treatment to sewage treatment plant 13
to comply with the existing permit conditions would require additional
engineering and environmental analysis. Accordingly, subsequent
environmental documentation would be prepared, as appropriate, pursuant
to NEPA if the need arises to further pursue or continue discharge of
treated effluent from sewage treatment plant 13 into the Santa
Margarita River.
Preparation of the Environmental Impact Statement began with a
public scoping process to identify issues that should be addressed in
the document. Involvement in scoping was offered through a combination
of documented public announcements and meetings with State of
California agencies. Public announcements were handled through scoping
letters sent to Federal, State, and local governmental agencies,
citizen groups and associations, and the general public. Also, a Notice
of Intent to prepare an Environmental Impact Statement was published in
local newspapers and the Federal Register. The notice of availability
of the DEIS appeared in the Federal Register on December 20, 1996. The
DEIS was distributed to Federal, State and local governmental agencies,
officials, citizens groups and associations, public libraries and other
interested parties. The public review period for the DEIS was from
December 20, 1996 through February 2, 1997. Comments received on the
DEIS focused on alternatives analysis, groundwater recharge, endangered
species and wetlands issues. The FEIS addressed these comments and was
distributed to officials of Federal, State and local governmental
agencies, citizens groups and associations, public libraries and to
other interested parties on June 27, 1997. The public review period for
the FEIS ended on July 27, 1997. No comments were received on the FEIS.
The Department of the Navy believes that there are no remaining
issues to be resolved with respect to this project. In the event that
the La Salina ocean outfall is unavailable, all pertinent issues have
been identified and addressed. Questions regarding the Environmental
Impact Statement prepared for this action may be directed to Mr. Lupe
E. Armas, Assistant Chief of Staff, Environmental Security, Marine
Corps Base, Camp Pendleton, CA 92055-5008, telephone (619) 725-4512.
Dated August 26, 1997.
Duncan Holaday,
Deputy Assistant Secretary of the Navy (Installations and Facilities).
[FR Doc. 97-23375 Filed 9-3-97; 8:45 am]
BILLING CODE 3810-AE-P
