Record of Decision (ROD) for the United States Marine Corps Santa Margarita River Conjunctive Use Project (SMR CUP) at Marine Corps Base (MCB) Camp Pendleton, California, 3295-3299 [2017-00422]
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range of the operation) from applicants
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operate in radio frequency (RF) bands
that are shared on a co-primary basis by
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The web-based system provides a means
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NTIA collects the data by means of an
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III. Data
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they also will become a matter of public
record.
Sheleen Dumas,
PRA Department Lead, Office of the Chief
Information Officer.
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DEPARTMENT OF DEFENSE
Department of the Navy
Record of Decision (ROD) for the
United States Marine Corps Santa
Margarita River Conjunctive Use
Project (SMR CUP) at Marine Corps
Base (MCB) Camp Pendleton,
California
Bureau of Reclamation
(Reclamation), Department of the Navy
(DoN).
ACTION: Record of Decision.
AGENCIES:
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The Department of the Navy
(DoN), after carefully considering the
environmental consequences of the
proposed action, announces its decision
to implement a project for the
conjunctive use of surface water and
groundwater within the Lower Santa
Margarita River (SMR) Basin. The DoN
has selected the preferred alternative as
identified in the 2016 Final
Environmental Impact Statement (EIS)/
Environmental Impact Report (EIR).
This alternative consists of construction
and operation of new facilities for
adaptive management of surface water
and groundwater resources that would
be achieved through the enhanced
diversion of SMR surface waters to
groundwater recharge ponds and the
active use of groundwater aquifers for
water storage. The proposed action
would resolve the water rights disputes
between the United States (on behalf of
the Marine Corps) and Fallbrook Public
Utility District (FPUD) and satisfy the
United States District Court for the
Southern District of California order to
find a ‘‘physical solution’’ to the
ongoing litigation in United States v.
Fallbrook Public Utility District, et al.
The Proposed Action would also
efficiently meet the long-term water
demands of Marine Corps Installations
(MCI) West-MCB Camp Pendleton and
FPUD, reduce FPUD’s dependence on
imported water, maintain watershed
resources, and improve water supply
reliability by managing the yield of the
Lower SMR Basin. The DoN and
Reclamation are the designated co-lead
agencies for review of this project under
the National Environmental Policy Act
(NEPA), and FPUD is the designated
lead agency for review of this project
under the California Environmental
Quality Act (CEQA) in the preparation
of the joint EIS/EIR.
This ROD documents why the DoN
has chosen to implement the preferred
alternative as described in the 2016
Final EIS/EIR. The ROD includes
descriptions and discussions of the
anticipated environmental impacts of
the proposed action as well as all
practical means to avoid or minimize
environmental impacts from the
selected alternative. It also includes
descriptions and discussions of all
related actions and their anticipated
impacts.
FOR FURTHER INFORMATION CONTACT:
SMR CUP EIS Project Manager,
Commanding General, Marine Corps
Installations West-Marine Corps Base
Camp Pendleton, CA 92055–5010, Attn:
Environmental Security, 760–725–1721.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 102(2)(c) of the NEPA of
SUMMARY:
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1969, 42 United States Code (U.S.C.)
§ 4332(2)(c), as implemented by the
Council on Environmental Quality
(CEQ) Regulations at 40 Code of Federal
Regulations (CFR) Parts 1500–1508;
DoN NEPA regulations (32 CFR part
775); and the United States Marine
Corps Environmental Compliance and
Protection Manual (Marine Corps Order
P5090.2A, Change 3), the DoN
announces its decision to implement the
SMR CUP at MCB Camp Pendleton,
California as described in Alternative 1
of the 2016 Final EIS/EIR.
In addition to NEPA and other
environmental laws, the DoN
considered applicable executive orders
(EO), including the requirements of EO
12898, Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations; EO 13045, Environmental
Health Risk and Safety Risks to
Children; EO 11990, Protection of
Wetlands; and EO 11988, Floodplain
Management.
Purpose and Need: The purpose of the
proposed action is to resolve the water
rights dispute between the United States
and FPUD and satisfy the United States
District Court for the Southern District
of California order to find a ‘‘physical
solution’’ to the ongoing litigation in
United States v. Fallbrook Public Utility
District, et al. The proposed action is
needed to upgrade/develop
infrastructure and cooperative water
management processes that satisfy MCI
West-MCB Camp Pendleton and FPUD’s
respective current and future water
requirements.
MCB Camp Pendleton and FPUD
entered into a Memorandum of
Understanding in 2001 agreeing to
jointly participate in the project in good
faith and with full cooperation. MCB
Camp Pendleton, Reclamation, and
FPUD signed a Conceptual Points of
Agreement in January 2011.
Public Involvement: NEPA and CEQA
regulations require an early and open
process for determining the scope of
issues related to a Proposed Action or
project. In accordance with NEPA and
CEQA, DoN, Reclamation, and FPUD
initiated a public and agency scoping
process to assist in determining the
range of issues to be addressed in the
EIS/EIR. A Notice of Intent was issued
in November 2004 and a public scoping
meeting was held in January 2005.
The range of issues analyzed in the
EIS/EIR was determined from the initial
DoN, Reclamation, and FPUD
evaluation of the action alternatives, as
well as, comments received during the
public scoping process and written and
verbal comments received during the
2010 public review period for the
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California State Water Resources
Control Board water right permit
extension petitions.
A Notice of Availability/Notice of
Completion for the Draft EIS/EIR was
published in the Federal Register on
May 9, 2014, and a Notice of
Completion was provided to the
California State Clearinghouse on May
9, 2014 to initiate a 45-day public
review of the Draft EIS/EIR. A public
meeting was held on May 29, 2014 at
the FPUD, and the public review period
for the Draft EIS/EIR concluded on July
10, 2014. Written and verbal comments
on the Draft EIS/EIR were provided by
the United States Environmental
Protection Agency (USEPA) and FPUD
Board members, respectively.
The Final EIS/EIR was published in
the Federal Register on October 14,
2016; written comments were received
from the USEPA on November 14, 2016
and are being addressed through the
consultation process with the United
States Army Corps of Engineers
(USACE) and completion and
implementation of the Adaptive
Management Plan/Facilities Operating
Plan (AMP/FOP).
Alternatives Considered: The DoN
identified and evaluated a reasonable
range of alternatives that consisted of
two action alternatives and a no action
alternative. The following provides a
description of the two action
alternatives:
Alternative 1
This alternative would include
diversion system upgrades, groundwater
recharge, and groundwater production.
Raw groundwater would be pumped
from the aquifer and conveyed to the
Haybarn Canyon area on MCB Camp
Pendleton. The water delivered to
Haybarn Canyon would then be diverted
to either MCB Camp Pendleton’s
existing Haybarn Canyon Advanced
Water Treatment Plant (AWTP), or to a
new FPUD water treatment plant (WTP)
via a new bi-directional pipeline. The
bi-directional pipeline between FPUD
and MCB Camp Pendleton would also
allow imported water to be delivered
from FPUD to MCB Camp Pendleton
during drier than normal periods when
local groundwater is insufficient to meet
demands or during emergency
conditions.
Improvements to Existing Facilities
Replacement of Existing Sheet Pile
Diversion with Inflatable Weir Diversion
Structure. The existing sheet pile
diversion structure on the SMR (within
MCB Camp Pendleton) would be
replaced with an inflatable weir
diversion structure. The inflatable weir
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diversion structure would extend for up
to one foot (ft) (0.3 meter [m]) higher
than the existing diversion structure to
allow for the proposed increase in the
amount of water to be diverted from the
SMR into O’Neill Ditch from the current
60 cubic feet per second (cfs) to a
maximum of 200 cfs. Water diverted
from the SMR would flow to the aquifer
recharge ponds, be stored in Lake
O’Neill, or bypassed back to the SMR.
The inflatable weir gates would be
operated based on the operation plan
outlined in the AMP/FOP guidelines
and procedures as described below.
During large streamflow events (i.e., 10year event and greater), however, the
inflatable weir would be fully lowered
to allow floodwaters, sediment, and
debris to pass downstream without
adversely affecting water diversion
facilities.
Improvements to O’Neill Ditch and
Headgate. The headgate (i.e., a gate for
controlling the flow of water into a
ditch) and O’Neill Ditch would be
modified to increase the capacity from
60 cfs to 200 cfs to accommodate the
maximum amount of water to be
diverted under the project design.
Operation of the headgate and O’Neill
Ditch would be based on the operation
plan outlined in the AMP/FOP
guidelines and procedures as described
below.
Improvements to Recharge Ponds 1–7.
The overall performance of the existing
MCB Camp Pendleton Recharge Ponds
1–7 is currently reduced by operational
inefficiencies related to lack of water
level control and the inability to
measure flow between ponds. Proposed
improvements to Recharge Ponds 1–7
include redesigning the culverts and
weirs that transfer water from one pond
to the next. Operation of the recharge
ponds would be based on the AMP/FOP
guidelines and procedures as described
below.
Proposed New Facilities
Groundwater Production Wells and
Associated Collection System
Infrastructure. The existing groundwater
production wells operated and
maintained by MCI West-MCB Camp
Pendleton would be augmented by the
installation of four new groundwater
production wells in the Upper Ysidora
and Chappo sub-basins, along with
appurtenant collection pipelines, power
lines, and access roads. Operation of
existing and new production wells
would be based on AMP/FOP guidelines
and procedures as described below. The
pumping schedule would be designed to
optimize groundwater levels during the
winter to create storage in the aquifer,
capture wintertime flow events, and
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minimize groundwater mounding at the
recharge ponds. Pumping would be
reduced during extremely dry years,
with restricted groundwater pumping
continuing until wetter hydrologic
conditions occur.
Water Conveyance/Distribution,
including Bi-Directional Pipeline from
MCB Camp Pendleton to a new FPUD
Water Treatment Plant. Raw
groundwater would be pumped from the
aquifer and conveyed to the Haybarn
Canyon area on MCB Camp Pendleton.
The water delivered to Haybarn Canyon
would then be diverted to either MCB
Camp Pendleton’s existing Haybarn
Canyon AWTP, or to the new FPUD
WTP via a new bi-directional pipeline.
The bi-directional pipeline between
FPUD and MCB Camp Pendleton would
also allow imported water to be
delivered from FPUD to MCB Camp
Pendleton during drier than normal
periods when local groundwater is
insufficient to meet demands or during
emergency conditions.
MCB Camp Pendleton would
continue to process water for its own
use at the existing Haybarn Canyon
AWTP and FPUD would treat its portion
of the project water at a new FPUD WTP
(see detailed description below). Raw
groundwater delivered to FPUD would
average 3,100 acre-feet per year (afy)
and would not exceed 800 acre-feet (af)
in any given month.
However, total volumes of raw water
deliveries to FPUD would vary annually
dependent upon multiple factors
including, but not limited to,
precipitation, river surface flows,
surface diversions, and environmental
considerations.
FPUD WTP. A new FPUD WTP would
be constructed on FPUD property
adjacent to the existing FPUD WTP. The
new FPUD WTP would be designed to
provide potable water and would
include an iron and manganese removal
and demineralization facility. The new
FPUD WTP would have the capacity to
treat a maximum of 800 af per month,
equivalent to up to 8.4 million gallons
per day, although it would remain
subject to the maximum 3,100 afy raw
water processing limit.
Brine from the FPUD WTP would be
discharged to the Pacific Ocean via
FPUD’s pipeline connection to the City
of Oceanside Ocean Outfall (Ocean
Outfall). FPUD’s existing National
Pollutant Discharge Elimination System
(NPDES) Permit (CA0108031) would be
amended to allow for the inclusion of
the additional brine from the project.
Supervisory Control and Data
Acquisition (SCADA) System. Operation
of a SCADA system, as included in the
project, would be overseen and
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managed by the MCI West-MCB Camp
Pendleton Facilities Maintenance
Division. The spillway gates on the
inflatable weir diversion structure,
turnouts to the recharge ponds and Lake
O’Neill, production and monitoring
wells, flow measurement, and pumping
plants would be designed for remote
operation and/or data acquisition using
the SCADA system.
Open Space Management Zone
(OSMZ). A legal framework would be
established by FPUD to permanently
preserve 1,392 acres (563 hectares) of
riparian open-space land in the City of
Fallbrook that was acquired by FPUD in
1958 for water supply development
purposes. Under Alternative 1, all or
most of the OSMZ would be placed in
conservation management to preserve
open space and riparian values that
currently exist on the site. Conservation
approaches currently being considered
by FPUD include, but are not limited to:
(1) purchase and management of the
OSMZ by Reclamation, MCI West-MCB
Camp Pendleton, or another agency or
conservation related organization; (2)
continued ownership of the property by
FPUD subject to a conservation
easement purchased by a third party
that restricts future development; or (3)
management of the property as a
mitigation bank by FPUD or its
designee.
Adaptive Management Plan/Facilities
Operation Plan (AMP/FOP). As part of
the project, an AMP/FOP would be
developed by MCI West-MCB Camp
Pendleton to manage project diversion,
recharge, production, and delivery
facilities. The AMP/FOP would allow
for diversions, recharge, production,
and delivery to vary based on
hydrologic conditions, with greater
amounts of water diverted, recharged,
produced, and delivered during wet
years and less during drier years. The
AMP/FOP would rely on near real-time
and historical environmental and
hydrologic data from existing and
proposed gauges to determine project
operations and meet delivery
requirements balanced with
environmental constraints. Actual field
data gathered during project operations
would be processed using a numerical
groundwater model to determine future
locations and rates of pumping that
would protect environmental concerns
while meeting project proponents’ water
requirements. The pumping schedules
and proposed operations would then be
published annually in a FOP that would
describe how and when the inflatable
weir, headgate, turnout gates, and wells
are operated on a seasonal and monthly
basis. The use of the AMP/FOP and its
ability to rely on an alternative water
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supply (i.e., imported water from FPUD
via a bi-directional pipeline) to meet
demands on MCB Camp Pendleton
would allow for increased sustained
basin yield in the Lower SMR Basin.
The AMP/FOP would continue to be
developed, updated, and implemented
by appropriate MCI West-MCB Camp
Pendleton subject matter experts.
Alternative 2
Alternative 2 is similar to Alternative
1 in terms of diversion system upgrades,
groundwater recharge, and groundwater
production. Alternative 2 includes the
following components described under
Alternative 1 (see Alternative 1
description for details on each of the
following components):
• Replacement of Existing Sheet Pile
Diversion with Inflatable Weir Diversion
Structure,
• Improvements to O’Neill Ditch and
Headgate,
• Improvements to Recharge Ponds
1–7,
• Groundwater Production Wells and
Associated Collection System
Infrastructure,
• Bi-directional Pipeline,
• The OSMZ, and
• The SCADA system.
Alternative 2 differs from Alternative
1 in that a new surface water treatment
facility located adjacent to the MCB
Camp Pendleton Haybarn Canyon
AWTP would treat surface water
diverted from four new gallery wells
installed between the recharge ponds
and SMR. Treated water would be
delivered to the MCB Camp Pendleton
potable water distribution system and to
FPUD via a bi-directional pipeline as
previously discussed. The project
components specific to Alternative 2 are
discussed below.
Expand Haybarn Canyon AWTP and
Add a Surface Water Treatment Facility
at MCB Camp Pendleton. Groundwater
from MCB Camp Pendleton’s existing
wells and SMR CUP’s four new
production wells would be treated at an
expanded Haybarn Canyon AWTP. The
expansion of MCB Camp Pendleton’s
existing Haybarn Canyon AWTP would
occur to handle the increased
Alternative 2 flow volumes. The
existing Haybarn Canyon AWTP’s
groundwater water quality treatment
goals would continue to be met under
this expansion. The gallery wells would
produce surface water that would be
treated at the proposed new surface
water treatment facility located adjacent
to the existing Haybarn Canyon AWTP.
The treated surface water would then be
blended with the treated groundwater
and distributed to MCB Camp Pendleton
and FPUD.
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Under Alternative 2, an additional
average daily brine discharge of 3.5 cfs
would be produced and discharged to
the Pacific Ocean via the existing Ocean
Outfall. The additional brine would be
conveyed to the Ocean Outfall via the
existing brine discharge pipeline
constructed for MCB Camp Pendleton’s
Haybarn AWTP, which is connected to
the Ocean Outfall via the Haybarn
Canyon AWTP’s connection to the
Ocean Outfall Pump Station. The brine
discharge would be covered under
either an amendment to FPUD’s existing
NPDES Permit (CA0108031) to the
Ocean Outfall or an amendment to MCI
West-MCB Camp Pendleton NPDES
Permit (CA0109347).
Gallery Wells and Associated
Collection System Infrastructure. Four
gallery wells would be installed
adjacent to the SMR along the west side
of the recharge ponds at MCB Camp
Pendleton. Operation of the gallery
wells would be based on AMP/FOP
guidelines and procedures as described
under Alternative 2 in the Final EIS/
EIR.
Water Conveyance/Distribution
System, including Bi-Directional
Pipeline. As previously discussed, a bidirectional water conveyance pipeline
would be installed between the Haybarn
Canyon AWTP and FPUD’s WTP. The
new pipeline would have two main
turnouts to provide treated water
directly MCB Camp Pendleton and
FPUD users. As noted in Alternative 1,
the bi-directional pipeline would also
allow water to be delivered to MCB
Camp Pendleton during drier than
normal periods when groundwater is
insufficient to meet demands or
emergency situations.
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No Action Alternative
Under the No-Action Alternative, the
water rights are not perfected, and other
water development projects upstream of
MCB Camp Pendleton could occur that
would result in a reduction of water
supply available to MCB Camp
Pendleton to meet its existing and future
water demands. Without
implementation of a ‘‘physical
solution,’’ the ongoing United States v.
Fallbrook Public Utility District et al.
litigation would not be settled.
Although other alternatives may exist,
they are neither feasible nor prudent.
Failure to reach a physical solution may
propel the parties into active litigation
prone to lead to a probable court
judgment not satisfactory to either party.
MCB Camp Pendleton would continue
to use its existing diversion, recharge,
storage, and recovery system to meet its
water demands. FPUD would rely solely
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on imported water purchased from the
San Diego County Water Authority.
Existing and future water demands on
MCB Camp Pendleton would be met
through the use of existing facilities or
from the development of more
expensive alternative water supplies,
such as ocean desalination or
construction of a new pipeline to an offbase water purveyor and purchase of
imported water. Without access to an
alternative water supply through the bidirectional pipeline, groundwater level
declines during extended drought
periods could not be mitigated nor
could MCB Camp Pendleton water
demands be met during drier than
normal periods or emergency
conditions.
Under the No-Action Alternative,
FPUD has no direct water supply benefit
from the OSMZ property and no
remaining justification for maintaining
this property as open space. Without
implementation of the SMR CUP, the
OSMZ is eligible to revert to the original
landowners and be developed, in which
case there could be adverse impacts on
wildlife, water quality, aesthetics, and
other environmental values at the site
and downstream. Under this alternative,
the potential development of water
resources by landowners could result in
a reduction of available water supply to
MCB Camp Pendleton and FPUD.
Although the No-Action Alternative
would not meet the purpose and need
for the proposed action, it is included to
serve as the baseline against which
impacts of the alternatives can be
compared.
Preferred Alternative and
Environmentally Preferable Alternative
The Final EIS/EIR identifies
Alternative 1 as the Preferred
Alternative. The Preferred Alternative
best meets the purpose and need; has
environmental impacts less than or
comparable to the other action
alternative (making Alternative 1 the
Environmentally Preferable Alternative);
and provides the most operational
efficiency, construction flexibility, and
cost-effectiveness of the action
alternatives.
Environmental Impacts: Impacts were
assessed for the following resource
areas: Geological resources, water
resources, biological resources, cultural
resources, air quality, hazardous
materials and wastes, and utilities. With
the implementation of the AMP/FOP,
Best Management Practices (BMPs),
Special Conservation Measures (SCMs),
and mitigation measures described in
the Final EIS/EIR, implementation of
the Preferred Alternative (Alternative 1)
would have no or less than significant
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impacts to geological resources, water
resources, biological resources, cultural
resources, air quality, hazardous
materials and wastes, and utilities.
Geological Resources
Significant impacts to geological
resources would not occur due to
project design, implementation of
SCMs, and implementation of the AMP/
FOP.
Water Resources
Significant impacts to water resources
would not occur due to the
implementation of the following
mitigation measures. The AMP/FOP
would include the maintenance of
groundwater levels within historical
range constraints; groundwater levels
would be monitored by a series of
telemetered groundwater monitoring
wells; and pumping would be reduced
or shut off if the groundwater level
drops to within historic levels and
remains reduced or discontinued until
the average monthly groundwater levels
recover to above historic levels.
Biological Resources
Significant impacts to biological
resources would not occur due to the
implementation of the following
mitigation measures. MCB Camp
Pendleton will implement the AMP/
FOP and adhere to the terms and
conditions of the United States Fish and
Wildlife Service (USFWS) and National
Oceanic and Atmospheric
Administration/National Marine
Fisheries Service (NMFS) Biological
Opinions (BOs) for Federal threatened
and endangered species and state
special status species, including least
Bell’s vireo, southwestern willow
flycatcher, arroyo toad, and southern
California steelhead.
Cultural Resources
Significant impacts to cultural
resources would not occur, because
adverse impacts to cultural resources
within the Area of Potential Effect will
be avoided through construction design.
Air Quality
Significant impacts to air quality
would not occur due to project design,
implementation of SCMs, and
implementation of the AMP/FOP.
Hazardous Materials and Waste
Significant impacts would not occur
due to hazardous materials and waste,
which would be managed during
construction and operation in
accordance with applicable Federal and
state regulations. The proposed new
wells have been sited so that
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groundwater pumping would not
impact the mapped plumes associated
with Installation Restoration Program
sites and would be monitored and
managed through the AMP/FOP.
Utilities
Significant impacts to existing
utilities would not occur due to project
design, implementation of SCMs, and
implementation of the AMP/FOP.
Cumulative Impacts: Implementation
of the Preferred Alternative, when
considered in combination with other
past, present, and reasonably
foreseeable future actions identified in
the Final EIS/EIR, will not result in
significant cumulative impacts on the
human environment. Many potential
impacts are localized and are of
relatively short duration. With the
implementation of BMPs, SCMs, and
mitigation measures described in the
Final EIS/EIR, cumulative impacts on
geological resources, water resources,
biological resources, cultural resources,
air quality, hazardous materials and
wastes, and utilities resulting from
implementation of the Preferred
Alternative would be negligible.
Mitigation Measures: Projects
comprising the Preferred Alternative
will be designed to minimize impacts to
the maximum extent practicable and
will be implemented using SCMs,
BMPs, and the AMP/FOP, as discussed
under Agency Coordination and
Consultation below. Special
conservation and construction measures
listed in the Final EIS/EIR will be
implemented as part of the action as
conditions of construction contracts for
the projects. The DoN has identified
specific avoidance, minimization, and
mitigation measures for impacts to
biological resources.
Unavoidable impacts to jurisdictional
wetlands and other waters of the United
States may require mitigation. The
development of a mitigation and
monitoring plan is a requirement of
Clean Water Act Sections 401 and 404
permit applications for activities that
would discharge dredge or fill materials
into Waters of the United States. This
plan will include details regarding site
appropriateness, preparation (e.g.,
grading), recontouring, planting
specifications (including seed mixes
and plant palettes), and irrigation design
(if determined necessary), as well as
maintenance and monitoring procedures
(including monitoring period and
reporting).
Agency Coordination and
Consultation: No cooperating agencies
participated in the EIS/EIR process;
however, MCI West-MCB Camp
Pendleton completed consultation with
VerDate Sep<11>2014
19:05 Jan 10, 2017
Jkt 241001
the USFWS and NMFS under Section 7
of the Endangered Species Act and with
Native American tribes and the
California State Historic Preservation
Office (SHPO) under Section 106 of the
National Historic Preservation Act. In
accordance with Section 401 and 404 of
the Clean Water Act, coordination is
also underway with the San Diego
Regional Water Quality Control Board
(RWQCB) and U.S. Army Corps of
Engineers (USACE).
USFWS: Endangered Species Act
Section 7 Consultation
MCI West-MCB Camp Pendleton
submitted a Biological Assessment to
the USFWS on September 15, 2015, and
received a Final BO on August 15, 2016,
concluding that the proposed action is
not likely to jeopardize the continued
existence of Federal threatened and
endangered species and state special
status species within the project area,
including least Bell’s vireo,
southwestern willow flycatcher, and
arroyo toad.
NMFS: Endangered Species Act Section
7 Consultation
MCI West-MCB Camp Pendleton
submitted a Biological Assessment to
NMFS on February 10, 2014, and
received a Final BO on September 28,
2016, concluding that the proposed
action is not likely to jeopardize the
continued existence of the southern
California steelhead.
SHPO/Native American Tribes:
National Historic Preservation Act,
Section 106 Consultation
MCI West-MCB Camp Pendleton
submitted a consultation letter to the
SHPO on March 19, 2012, requesting
concurrence on the Finding of Effect for
the proposed action, and received
concurrence on September 19, 2013.
MCI West-MCB Camp Pendleton
consulted with the following Native
American Tribes: La Jolla Band of
Mission Indians; Pauma Band of
Mission Indians; Pechanga Band of
Luiseno Mission Indians; Rincon Band
of Luiseno Indians; Pala Band of
Mission Indians, Soboba Band of
Luiseno Indians; San Luis Rey Band of
Luiseno Indians; Juaneno Band of
Mission Indians-Acjachemen Nation
(Belardes); Juaneno Band of Mission
Indians-Acjachemen Nation (Rivera/
Romero); and Juaneno Band of Mission
Indians-Acjachemen Nation (Reyes).
The Rincon Band of Luiseno Indians
requested to be kept informed on all
updates for the project. The Pala Band
of Mission Indians concurred with the
methods for determining eligibility and
treatment of historic properties and
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
3299
asked to be consulted if any new
information or conclusions are reached.
USACE and San Diego RWQCB: Clean
Water Act Sections 401 and 404
MCI West-MCB Camp Pendleton has
submitted a Section 401 water quality
certification application to the San
Diego RWQCB and a 404 individual
permit application to the USACE for the
Preferred Alternative. To the maximum
extent practicable, MCI West-MCB
Camp Pendleton will avoid and
minimize impacts to waters of the
United States and will implement preand post-construction BMPs for
sediment and erosion control. The
proposed action will also comply with
the MCI West-MCB Camp Pendleton
Integrated Natural Resources
Management Plan.
Conclusion: After careful
consideration of the purpose and need
for the proposed action, the analysis
contained in the Final EIS/EIR, and
comments received on the Draft and
Final EIS/EIR from Federal, State, and
local agencies, Native American Tribes,
non-governmental organizations, and
individual members of the public, I
have decided to proceed with
Alternative 1, the Final EIS/EIR
Preferred Alternative, which entails
improvements to existing facilities and
construction of new facilities to
efficiently meet the long-term water
demands of MCB Camp Pendleton and
FPUD, reduce FPUD’s dependence on
imported water, maintain watershed
resources, and improve water supply
reliability by managing the yield of the
Lower SMR Basin.
Authority: 35 U.S.C. 207; 37 CFR part 404.
Dated: January 3, 2017.
A.M. Nichols,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
[FR Doc. 2017–00422 Filed 1–10–17; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF DEFENSE
Department of the Navy
Meeting of the U.S. Naval Academy
Board of Visitors
Department of the Navy, DoD.
Notice of Partially Closed
Meeting.
AGENCY:
ACTION:
The U.S. Naval Academy
Board of Visitors will meet to make such
inquiry, as the Board shall deem
necessary, into the state of morale and
discipline, the curriculum, instruction,
physical equipment, fiscal affairs, and
SUMMARY:
E:\FR\FM\11JAN1.SGM
11JAN1
]]>Agencies
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3295-3299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00422]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
Record of Decision (ROD) for the United States Marine Corps Santa
Margarita River Conjunctive Use Project (SMR CUP) at Marine Corps Base
(MCB) Camp Pendleton, California
AGENCIES: Bureau of Reclamation (Reclamation), Department of the Navy
(DoN).
ACTION: Record of Decision.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy (DoN), after carefully considering
the environmental consequences of the proposed action, announces its
decision to implement a project for the conjunctive use of surface
water and groundwater within the Lower Santa Margarita River (SMR)
Basin. The DoN has selected the preferred alternative as identified in
the 2016 Final Environmental Impact Statement (EIS)/Environmental
Impact Report (EIR). This alternative consists of construction and
operation of new facilities for adaptive management of surface water
and groundwater resources that would be achieved through the enhanced
diversion of SMR surface waters to groundwater recharge ponds and the
active use of groundwater aquifers for water storage. The proposed
action would resolve the water rights disputes between the United
States (on behalf of the Marine Corps) and Fallbrook Public Utility
District (FPUD) and satisfy the United States District Court for the
Southern District of California order to find a ``physical solution''
to the ongoing litigation in United States v. Fallbrook Public Utility
District, et al. The Proposed Action would also efficiently meet the
long-term water demands of Marine Corps Installations (MCI) West-MCB
Camp Pendleton and FPUD, reduce FPUD's dependence on imported water,
maintain watershed resources, and improve water supply reliability by
managing the yield of the Lower SMR Basin. The DoN and Reclamation are
the designated co-lead agencies for review of this project under the
National Environmental Policy Act (NEPA), and FPUD is the designated
lead agency for review of this project under the California
Environmental Quality Act (CEQA) in the preparation of the joint EIS/
EIR.
This ROD documents why the DoN has chosen to implement the
preferred alternative as described in the 2016 Final EIS/EIR. The ROD
includes descriptions and discussions of the anticipated environmental
impacts of the proposed action as well as all practical means to avoid
or minimize environmental impacts from the selected alternative. It
also includes descriptions and discussions of all related actions and
their anticipated impacts.
FOR FURTHER INFORMATION CONTACT: SMR CUP EIS Project Manager,
Commanding General, Marine Corps Installations West-Marine Corps Base
Camp Pendleton, CA 92055-5010, Attn: Environmental Security, 760-725-
1721.
SUPPLEMENTARY INFORMATION: Pursuant to Section 102(2)(c) of the NEPA of
[[Page 3296]]
1969, 42 United States Code (U.S.C.) Sec. 4332(2)(c), as implemented
by the Council on Environmental Quality (CEQ) Regulations at 40 Code of
Federal Regulations (CFR) Parts 1500-1508; DoN NEPA regulations (32 CFR
part 775); and the United States Marine Corps Environmental Compliance
and Protection Manual (Marine Corps Order P5090.2A, Change 3), the DoN
announces its decision to implement the SMR CUP at MCB Camp Pendleton,
California as described in Alternative 1 of the 2016 Final EIS/EIR.
In addition to NEPA and other environmental laws, the DoN
considered applicable executive orders (EO), including the requirements
of EO 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low Income Populations; EO 13045,
Environmental Health Risk and Safety Risks to Children; EO 11990,
Protection of Wetlands; and EO 11988, Floodplain Management.
Purpose and Need: The purpose of the proposed action is to resolve
the water rights dispute between the United States and FPUD and satisfy
the United States District Court for the Southern District of
California order to find a ``physical solution'' to the ongoing
litigation in United States v. Fallbrook Public Utility District, et
al. The proposed action is needed to upgrade/develop infrastructure and
cooperative water management processes that satisfy MCI West-MCB Camp
Pendleton and FPUD's respective current and future water requirements.
MCB Camp Pendleton and FPUD entered into a Memorandum of
Understanding in 2001 agreeing to jointly participate in the project in
good faith and with full cooperation. MCB Camp Pendleton, Reclamation,
and FPUD signed a Conceptual Points of Agreement in January 2011.
Public Involvement: NEPA and CEQA regulations require an early and
open process for determining the scope of issues related to a Proposed
Action or project. In accordance with NEPA and CEQA, DoN, Reclamation,
and FPUD initiated a public and agency scoping process to assist in
determining the range of issues to be addressed in the EIS/EIR. A
Notice of Intent was issued in November 2004 and a public scoping
meeting was held in January 2005.
The range of issues analyzed in the EIS/EIR was determined from the
initial DoN, Reclamation, and FPUD evaluation of the action
alternatives, as well as, comments received during the public scoping
process and written and verbal comments received during the 2010 public
review period for the California State Water Resources Control Board
water right permit extension petitions.
A Notice of Availability/Notice of Completion for the Draft EIS/EIR
was published in the Federal Register on May 9, 2014, and a Notice of
Completion was provided to the California State Clearinghouse on May 9,
2014 to initiate a 45-day public review of the Draft EIS/EIR. A public
meeting was held on May 29, 2014 at the FPUD, and the public review
period for the Draft EIS/EIR concluded on July 10, 2014. Written and
verbal comments on the Draft EIS/EIR were provided by the United States
Environmental Protection Agency (USEPA) and FPUD Board members,
respectively.
The Final EIS/EIR was published in the Federal Register on October
14, 2016; written comments were received from the USEPA on November 14,
2016 and are being addressed through the consultation process with the
United States Army Corps of Engineers (USACE) and completion and
implementation of the Adaptive Management Plan/Facilities Operating
Plan (AMP/FOP).
Alternatives Considered: The DoN identified and evaluated a
reasonable range of alternatives that consisted of two action
alternatives and a no action alternative. The following provides a
description of the two action alternatives:
Alternative 1
This alternative would include diversion system upgrades,
groundwater recharge, and groundwater production. Raw groundwater would
be pumped from the aquifer and conveyed to the Haybarn Canyon area on
MCB Camp Pendleton. The water delivered to Haybarn Canyon would then be
diverted to either MCB Camp Pendleton's existing Haybarn Canyon
Advanced Water Treatment Plant (AWTP), or to a new FPUD water treatment
plant (WTP) via a new bi-directional pipeline. The bi-directional
pipeline between FPUD and MCB Camp Pendleton would also allow imported
water to be delivered from FPUD to MCB Camp Pendleton during drier than
normal periods when local groundwater is insufficient to meet demands
or during emergency conditions.
Improvements to Existing Facilities
Replacement of Existing Sheet Pile Diversion with Inflatable Weir
Diversion Structure. The existing sheet pile diversion structure on the
SMR (within MCB Camp Pendleton) would be replaced with an inflatable
weir diversion structure. The inflatable weir diversion structure would
extend for up to one foot (ft) (0.3 meter [m]) higher than the existing
diversion structure to allow for the proposed increase in the amount of
water to be diverted from the SMR into O'Neill Ditch from the current
60 cubic feet per second (cfs) to a maximum of 200 cfs. Water diverted
from the SMR would flow to the aquifer recharge ponds, be stored in
Lake O'Neill, or bypassed back to the SMR.
The inflatable weir gates would be operated based on the operation
plan outlined in the AMP/FOP guidelines and procedures as described
below. During large streamflow events (i.e., 10-year event and
greater), however, the inflatable weir would be fully lowered to allow
floodwaters, sediment, and debris to pass downstream without adversely
affecting water diversion facilities.
Improvements to O'Neill Ditch and Headgate. The headgate (i.e., a
gate for controlling the flow of water into a ditch) and O'Neill Ditch
would be modified to increase the capacity from 60 cfs to 200 cfs to
accommodate the maximum amount of water to be diverted under the
project design. Operation of the headgate and O'Neill Ditch would be
based on the operation plan outlined in the AMP/FOP guidelines and
procedures as described below.
Improvements to Recharge Ponds 1-7. The overall performance of the
existing MCB Camp Pendleton Recharge Ponds 1-7 is currently reduced by
operational inefficiencies related to lack of water level control and
the inability to measure flow between ponds. Proposed improvements to
Recharge Ponds 1-7 include redesigning the culverts and weirs that
transfer water from one pond to the next. Operation of the recharge
ponds would be based on the AMP/FOP guidelines and procedures as
described below.
Proposed New Facilities
Groundwater Production Wells and Associated Collection System
Infrastructure. The existing groundwater production wells operated and
maintained by MCI West-MCB Camp Pendleton would be augmented by the
installation of four new groundwater production wells in the Upper
Ysidora and Chappo sub-basins, along with appurtenant collection
pipelines, power lines, and access roads. Operation of existing and new
production wells would be based on AMP/FOP guidelines and procedures as
described below. The pumping schedule would be designed to optimize
groundwater levels during the winter to create storage in the aquifer,
capture wintertime flow events, and
[[Page 3297]]
minimize groundwater mounding at the recharge ponds. Pumping would be
reduced during extremely dry years, with restricted groundwater pumping
continuing until wetter hydrologic conditions occur.
Water Conveyance/Distribution, including Bi-Directional Pipeline
from MCB Camp Pendleton to a new FPUD Water Treatment Plant. Raw
groundwater would be pumped from the aquifer and conveyed to the
Haybarn Canyon area on MCB Camp Pendleton. The water delivered to
Haybarn Canyon would then be diverted to either MCB Camp Pendleton's
existing Haybarn Canyon AWTP, or to the new FPUD WTP via a new bi-
directional pipeline. The bi-directional pipeline between FPUD and MCB
Camp Pendleton would also allow imported water to be delivered from
FPUD to MCB Camp Pendleton during drier than normal periods when local
groundwater is insufficient to meet demands or during emergency
conditions.
MCB Camp Pendleton would continue to process water for its own use
at the existing Haybarn Canyon AWTP and FPUD would treat its portion of
the project water at a new FPUD WTP (see detailed description below).
Raw groundwater delivered to FPUD would average 3,100 acre-feet per
year (afy) and would not exceed 800 acre-feet (af) in any given month.
However, total volumes of raw water deliveries to FPUD would vary
annually dependent upon multiple factors including, but not limited to,
precipitation, river surface flows, surface diversions, and
environmental considerations.
FPUD WTP. A new FPUD WTP would be constructed on FPUD property
adjacent to the existing FPUD WTP. The new FPUD WTP would be designed
to provide potable water and would include an iron and manganese
removal and demineralization facility. The new FPUD WTP would have the
capacity to treat a maximum of 800 af per month, equivalent to up to
8.4 million gallons per day, although it would remain subject to the
maximum 3,100 afy raw water processing limit.
Brine from the FPUD WTP would be discharged to the Pacific Ocean
via FPUD's pipeline connection to the City of Oceanside Ocean Outfall
(Ocean Outfall). FPUD's existing National Pollutant Discharge
Elimination System (NPDES) Permit (CA0108031) would be amended to allow
for the inclusion of the additional brine from the project.
Supervisory Control and Data Acquisition (SCADA) System. Operation
of a SCADA system, as included in the project, would be overseen and
managed by the MCI West-MCB Camp Pendleton Facilities Maintenance
Division. The spillway gates on the inflatable weir diversion
structure, turnouts to the recharge ponds and Lake O'Neill, production
and monitoring wells, flow measurement, and pumping plants would be
designed for remote operation and/or data acquisition using the SCADA
system.
Open Space Management Zone (OSMZ). A legal framework would be
established by FPUD to permanently preserve 1,392 acres (563 hectares)
of riparian open-space land in the City of Fallbrook that was acquired
by FPUD in 1958 for water supply development purposes. Under
Alternative 1, all or most of the OSMZ would be placed in conservation
management to preserve open space and riparian values that currently
exist on the site. Conservation approaches currently being considered
by FPUD include, but are not limited to: (1) purchase and management of
the OSMZ by Reclamation, MCI West-MCB Camp Pendleton, or another agency
or conservation related organization; (2) continued ownership of the
property by FPUD subject to a conservation easement purchased by a
third party that restricts future development; or (3) management of the
property as a mitigation bank by FPUD or its designee.
Adaptive Management Plan/Facilities Operation Plan (AMP/FOP). As
part of the project, an AMP/FOP would be developed by MCI West-MCB Camp
Pendleton to manage project diversion, recharge, production, and
delivery facilities. The AMP/FOP would allow for diversions, recharge,
production, and delivery to vary based on hydrologic conditions, with
greater amounts of water diverted, recharged, produced, and delivered
during wet years and less during drier years. The AMP/FOP would rely on
near real-time and historical environmental and hydrologic data from
existing and proposed gauges to determine project operations and meet
delivery requirements balanced with environmental constraints. Actual
field data gathered during project operations would be processed using
a numerical groundwater model to determine future locations and rates
of pumping that would protect environmental concerns while meeting
project proponents' water requirements. The pumping schedules and
proposed operations would then be published annually in a FOP that
would describe how and when the inflatable weir, headgate, turnout
gates, and wells are operated on a seasonal and monthly basis. The use
of the AMP/FOP and its ability to rely on an alternative water supply
(i.e., imported water from FPUD via a bi-directional pipeline) to meet
demands on MCB Camp Pendleton would allow for increased sustained basin
yield in the Lower SMR Basin. The AMP/FOP would continue to be
developed, updated, and implemented by appropriate MCI West-MCB Camp
Pendleton subject matter experts.
Alternative 2
Alternative 2 is similar to Alternative 1 in terms of diversion
system upgrades, groundwater recharge, and groundwater production.
Alternative 2 includes the following components described under
Alternative 1 (see Alternative 1 description for details on each of the
following components):
Replacement of Existing Sheet Pile Diversion with
Inflatable Weir Diversion Structure,
Improvements to O'Neill Ditch and Headgate,
Improvements to Recharge Ponds 1-7,
Groundwater Production Wells and Associated Collection
System Infrastructure,
Bi-directional Pipeline,
The OSMZ, and
The SCADA system.
Alternative 2 differs from Alternative 1 in that a new surface
water treatment facility located adjacent to the MCB Camp Pendleton
Haybarn Canyon AWTP would treat surface water diverted from four new
gallery wells installed between the recharge ponds and SMR. Treated
water would be delivered to the MCB Camp Pendleton potable water
distribution system and to FPUD via a bi-directional pipeline as
previously discussed. The project components specific to Alternative 2
are discussed below.
Expand Haybarn Canyon AWTP and Add a Surface Water Treatment
Facility at MCB Camp Pendleton. Groundwater from MCB Camp Pendleton's
existing wells and SMR CUP's four new production wells would be treated
at an expanded Haybarn Canyon AWTP. The expansion of MCB Camp
Pendleton's existing Haybarn Canyon AWTP would occur to handle the
increased Alternative 2 flow volumes. The existing Haybarn Canyon
AWTP's groundwater water quality treatment goals would continue to be
met under this expansion. The gallery wells would produce surface water
that would be treated at the proposed new surface water treatment
facility located adjacent to the existing Haybarn Canyon AWTP. The
treated surface water would then be blended with the treated
groundwater and distributed to MCB Camp Pendleton and FPUD.
[[Page 3298]]
Under Alternative 2, an additional average daily brine discharge of
3.5 cfs would be produced and discharged to the Pacific Ocean via the
existing Ocean Outfall. The additional brine would be conveyed to the
Ocean Outfall via the existing brine discharge pipeline constructed for
MCB Camp Pendleton's Haybarn AWTP, which is connected to the Ocean
Outfall via the Haybarn Canyon AWTP's connection to the Ocean Outfall
Pump Station. The brine discharge would be covered under either an
amendment to FPUD's existing NPDES Permit (CA0108031) to the Ocean
Outfall or an amendment to MCI West-MCB Camp Pendleton NPDES Permit
(CA0109347).
Gallery Wells and Associated Collection System Infrastructure. Four
gallery wells would be installed adjacent to the SMR along the west
side of the recharge ponds at MCB Camp Pendleton. Operation of the
gallery wells would be based on AMP/FOP guidelines and procedures as
described under Alternative 2 in the Final EIS/EIR.
Water Conveyance/Distribution System, including Bi-Directional
Pipeline. As previously discussed, a bi-directional water conveyance
pipeline would be installed between the Haybarn Canyon AWTP and FPUD's
WTP. The new pipeline would have two main turnouts to provide treated
water directly MCB Camp Pendleton and FPUD users. As noted in
Alternative 1, the bi-directional pipeline would also allow water to be
delivered to MCB Camp Pendleton during drier than normal periods when
groundwater is insufficient to meet demands or emergency situations.
No Action Alternative
Under the No-Action Alternative, the water rights are not
perfected, and other water development projects upstream of MCB Camp
Pendleton could occur that would result in a reduction of water supply
available to MCB Camp Pendleton to meet its existing and future water
demands. Without implementation of a ``physical solution,'' the ongoing
United States v. Fallbrook Public Utility District et al. litigation
would not be settled. Although other alternatives may exist, they are
neither feasible nor prudent. Failure to reach a physical solution may
propel the parties into active litigation prone to lead to a probable
court judgment not satisfactory to either party. MCB Camp Pendleton
would continue to use its existing diversion, recharge, storage, and
recovery system to meet its water demands. FPUD would rely solely on
imported water purchased from the San Diego County Water Authority.
Existing and future water demands on MCB Camp Pendleton would be
met through the use of existing facilities or from the development of
more expensive alternative water supplies, such as ocean desalination
or construction of a new pipeline to an off-base water purveyor and
purchase of imported water. Without access to an alternative water
supply through the bi-directional pipeline, groundwater level declines
during extended drought periods could not be mitigated nor could MCB
Camp Pendleton water demands be met during drier than normal periods or
emergency conditions.
Under the No-Action Alternative, FPUD has no direct water supply
benefit from the OSMZ property and no remaining justification for
maintaining this property as open space. Without implementation of the
SMR CUP, the OSMZ is eligible to revert to the original landowners and
be developed, in which case there could be adverse impacts on wildlife,
water quality, aesthetics, and other environmental values at the site
and downstream. Under this alternative, the potential development of
water resources by landowners could result in a reduction of available
water supply to MCB Camp Pendleton and FPUD.
Although the No-Action Alternative would not meet the purpose and
need for the proposed action, it is included to serve as the baseline
against which impacts of the alternatives can be compared.
Preferred Alternative and Environmentally Preferable Alternative
The Final EIS/EIR identifies Alternative 1 as the Preferred
Alternative. The Preferred Alternative best meets the purpose and need;
has environmental impacts less than or comparable to the other action
alternative (making Alternative 1 the Environmentally Preferable
Alternative); and provides the most operational efficiency,
construction flexibility, and cost-effectiveness of the action
alternatives.
Environmental Impacts: Impacts were assessed for the following
resource areas: Geological resources, water resources, biological
resources, cultural resources, air quality, hazardous materials and
wastes, and utilities. With the implementation of the AMP/FOP, Best
Management Practices (BMPs), Special Conservation Measures (SCMs), and
mitigation measures described in the Final EIS/EIR, implementation of
the Preferred Alternative (Alternative 1) would have no or less than
significant impacts to geological resources, water resources,
biological resources, cultural resources, air quality, hazardous
materials and wastes, and utilities.
Geological Resources
Significant impacts to geological resources would not occur due to
project design, implementation of SCMs, and implementation of the AMP/
FOP.
Water Resources
Significant impacts to water resources would not occur due to the
implementation of the following mitigation measures. The AMP/FOP would
include the maintenance of groundwater levels within historical range
constraints; groundwater levels would be monitored by a series of
telemetered groundwater monitoring wells; and pumping would be reduced
or shut off if the groundwater level drops to within historic levels
and remains reduced or discontinued until the average monthly
groundwater levels recover to above historic levels.
Biological Resources
Significant impacts to biological resources would not occur due to
the implementation of the following mitigation measures. MCB Camp
Pendleton will implement the AMP/FOP and adhere to the terms and
conditions of the United States Fish and Wildlife Service (USFWS) and
National Oceanic and Atmospheric Administration/National Marine
Fisheries Service (NMFS) Biological Opinions (BOs) for Federal
threatened and endangered species and state special status species,
including least Bell's vireo, southwestern willow flycatcher, arroyo
toad, and southern California steelhead.
Cultural Resources
Significant impacts to cultural resources would not occur, because
adverse impacts to cultural resources within the Area of Potential
Effect will be avoided through construction design.
Air Quality
Significant impacts to air quality would not occur due to project
design, implementation of SCMs, and implementation of the AMP/FOP.
Hazardous Materials and Waste
Significant impacts would not occur due to hazardous materials and
waste, which would be managed during construction and operation in
accordance with applicable Federal and state regulations. The proposed
new wells have been sited so that
[[Page 3299]]
groundwater pumping would not impact the mapped plumes associated with
Installation Restoration Program sites and would be monitored and
managed through the AMP/FOP.
Utilities
Significant impacts to existing utilities would not occur due to
project design, implementation of SCMs, and implementation of the AMP/
FOP.
Cumulative Impacts: Implementation of the Preferred Alternative,
when considered in combination with other past, present, and reasonably
foreseeable future actions identified in the Final EIS/EIR, will not
result in significant cumulative impacts on the human environment. Many
potential impacts are localized and are of relatively short duration.
With the implementation of BMPs, SCMs, and mitigation measures
described in the Final EIS/EIR, cumulative impacts on geological
resources, water resources, biological resources, cultural resources,
air quality, hazardous materials and wastes, and utilities resulting
from implementation of the Preferred Alternative would be negligible.
Mitigation Measures: Projects comprising the Preferred Alternative
will be designed to minimize impacts to the maximum extent practicable
and will be implemented using SCMs, BMPs, and the AMP/FOP, as discussed
under Agency Coordination and Consultation below. Special conservation
and construction measures listed in the Final EIS/EIR will be
implemented as part of the action as conditions of construction
contracts for the projects. The DoN has identified specific avoidance,
minimization, and mitigation measures for impacts to biological
resources.
Unavoidable impacts to jurisdictional wetlands and other waters of
the United States may require mitigation. The development of a
mitigation and monitoring plan is a requirement of Clean Water Act
Sections 401 and 404 permit applications for activities that would
discharge dredge or fill materials into Waters of the United States.
This plan will include details regarding site appropriateness,
preparation (e.g., grading), recontouring, planting specifications
(including seed mixes and plant palettes), and irrigation design (if
determined necessary), as well as maintenance and monitoring procedures
(including monitoring period and reporting).
Agency Coordination and Consultation: No cooperating agencies
participated in the EIS/EIR process; however, MCI West-MCB Camp
Pendleton completed consultation with the USFWS and NMFS under Section
7 of the Endangered Species Act and with Native American tribes and the
California State Historic Preservation Office (SHPO) under Section 106
of the National Historic Preservation Act. In accordance with Section
401 and 404 of the Clean Water Act, coordination is also underway with
the San Diego Regional Water Quality Control Board (RWQCB) and U.S.
Army Corps of Engineers (USACE).
USFWS: Endangered Species Act Section 7 Consultation
MCI West-MCB Camp Pendleton submitted a Biological Assessment to
the USFWS on September 15, 2015, and received a Final BO on August 15,
2016, concluding that the proposed action is not likely to jeopardize
the continued existence of Federal threatened and endangered species
and state special status species within the project area, including
least Bell's vireo, southwestern willow flycatcher, and arroyo toad.
NMFS: Endangered Species Act Section 7 Consultation
MCI West-MCB Camp Pendleton submitted a Biological Assessment to
NMFS on February 10, 2014, and received a Final BO on September 28,
2016, concluding that the proposed action is not likely to jeopardize
the continued existence of the southern California steelhead.
SHPO/Native American Tribes: National Historic Preservation Act,
Section 106 Consultation
MCI West-MCB Camp Pendleton submitted a consultation letter to the
SHPO on March 19, 2012, requesting concurrence on the Finding of Effect
for the proposed action, and received concurrence on September 19,
2013. MCI West-MCB Camp Pendleton consulted with the following Native
American Tribes: La Jolla Band of Mission Indians; Pauma Band of
Mission Indians; Pechanga Band of Luiseno Mission Indians; Rincon Band
of Luiseno Indians; Pala Band of Mission Indians, Soboba Band of
Luiseno Indians; San Luis Rey Band of Luiseno Indians; Juaneno Band of
Mission Indians-Acjachemen Nation (Belardes); Juaneno Band of Mission
Indians-Acjachemen Nation (Rivera/Romero); and Juaneno Band of Mission
Indians-Acjachemen Nation (Reyes). The Rincon Band of Luiseno Indians
requested to be kept informed on all updates for the project. The Pala
Band of Mission Indians concurred with the methods for determining
eligibility and treatment of historic properties and asked to be
consulted if any new information or conclusions are reached.
USACE and San Diego RWQCB: Clean Water Act Sections 401 and 404
MCI West-MCB Camp Pendleton has submitted a Section 401 water
quality certification application to the San Diego RWQCB and a 404
individual permit application to the USACE for the Preferred
Alternative. To the maximum extent practicable, MCI West-MCB Camp
Pendleton will avoid and minimize impacts to waters of the United
States and will implement pre- and post-construction BMPs for sediment
and erosion control. The proposed action will also comply with the MCI
West-MCB Camp Pendleton Integrated Natural Resources Management Plan.
Conclusion: After careful consideration of the purpose and need for
the proposed action, the analysis contained in the Final EIS/EIR, and
comments received on the Draft and Final EIS/EIR from Federal, State,
and local agencies, Native American Tribes, non-governmental
organizations, and individual members of the public, I have decided to
proceed with Alternative 1, the Final EIS/EIR Preferred Alternative,
which entails improvements to existing facilities and construction of
new facilities to efficiently meet the long-term water demands of MCB
Camp Pendleton and FPUD, reduce FPUD's dependence on imported water,
maintain watershed resources, and improve water supply reliability by
managing the yield of the Lower SMR Basin.
Authority: 35 U.S.C. 207; 37 CFR part 404.
Dated: January 3, 2017.
A.M. Nichols,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy,
Federal Register Liaison Officer.
[FR Doc. 2017-00422 Filed 1-10-17; 8:45 am]
BILLING CODE 3810-FF-P
