Intent To Prepare a Draft Environmental Impact Statement (EIS) for a Permit Application for Upper Llagas Creek Flood Protection Project in Santa Clara County, California, 58232-58234 [2015-24575]

Download as PDF 58232 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Notices program evaluation efforts are as successful as possible, and outreach efforts are targeting the intended recipients with useful information. Affected Public: Individuals or households. Frequency: Once every three-four years. Respondent’s Obligation: Voluntary. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Council members, fishing industry, academic, and government and nongovernment fisheries experts who will provide advice and direction on the conduct of trawl research. The NTAP was established to bring commercial fishing, fisheries science, and fishery management professionals in the northeastern US together to identify concerns about regional research survey performance and data, to identify methods to address or mitigate these concerns, and to promote mutual understanding and acceptance of the results of this work among their peers and in the broader community. Topics to be discussed at the meeting include: review NTAP Charter, review NEFSC Trawl Survey, and discuss additional trawl research/complementary surveys. Dated: September 23, 2015. Sarah Brabson, NOAA PRA Clearance Officer. Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526–5251, at least 5 days prior to the meeting date. [FR Doc. 2015–24526 Filed 9–25–15; 8:45 am] BILLING CODE 3510–JS–P DEPARTMENT OF COMMERCE Dated: September 23, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. National Oceanic and Atmospheric Administration RIN 0648–XE208 [FR Doc. 2015–24554 Filed 9–25–15; 8:45 am] Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting BILLING CODE 3510–22–P National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The Mid-Atlantic Fishery Management Council’s (Council) Northeast Trawl Advisory Panel (NTAP) will hold a public meeting. DATES: The meeting will be held on Thursday, October 15, 2015, from 8 a.m. to 5 p.m. For agenda details, see SUPPLEMENTARY INFORMATION. ADDRESSES: The meeting will held at the Radisson Hotel Providence Airport, 2081 Post Road, Warwick, RI 02886; telephone: (401) 739–3000. Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331 or on their Web site at www.mafmc.org. FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: The NTAP is a joint advisory panel of the MidAtlantic and New England Fishery Management Councils. It is composed of tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:19 Sep 25, 2015 Jkt 235001 DEPARTMENT OF DEFENSE Corps of Engineers, Department of the Army Intent To Prepare a Draft Environmental Impact Statement (EIS) for a Permit Application for Upper Llagas Creek Flood Protection Project in Santa Clara County, California U.S. Army Corps of Engineers, San Francisco District, DoD. ACTION: Notice of Intent (NOI). AGENCY: The U.S. Army Corps of Engineers (Corps), San Francisco District, has received a permit application for a Department of the Army permit under Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act (33 U.S.C. 403) from the Santa Clara Valley Water Control District to construct flood conveyance features and to deepen and widen Upper Llagas Creek (Proposed Action). As part of the permit process, the Corps is evaluating the environmental effects associated with construction and implementation of these additional flood protection measures within the communities of Morgan Hill, San Martin, and Gilroy. SUMMARY: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 The primary federal involvement associated with the Proposed Action is the discharge of fill material within federal jurisdictional areas and Waters of the United States and work within Navigable Waters of the United States. In addition, the Proposed Action could have potential significant effects on the human environment. Therefore, the Corps will prepare an EIS in compliance with the National Environmental Policy Act (NEPA) to render a final decision on the Santa Clara Valley Water District’s permit application. The Corps’ decision will be to either issue or deny a Department of the Army permit for the Proposed Action. The Draft EIS is intended to be sufficient in scope to address federal, state, and local requirements and environmental issues concerning the Proposed Action and permit review. FOR FURTHER INFORMATION CONTACT: Questions about the Proposed Action and Draft EIS should be directed to Mr. James Mazza, Corps Regulatory Project Manager, by telephone at (415) 503– 6775 or by email at james.c.mazza@ usace.army.mil. Written comments should be addressed to the U.S. Army Corps of Engineers, San Francisco District, Regulatory Division, Attn: Mr. James Mazza, 1455 Market Street, San Francisco, California 94103–1398. Information about the Proposed Action and Draft EIS can also be obtained from the San Francisco District Web site at www.spn.usace.army.mil. SUPPLEMENTARY INFORMATION: 1. Project Site and Background Information. The Proposed Action is located within the southern Santa Clara County, approximately 25 miles southeast of San Jose, in the communities of Morgan Hill and San Martin. The project consists of seven reaches (4, 5, 6, 7A, 7B, 8, and 14) of Llagas Creek, East Little Llagas Creek, and West Little Llagas Creek above Buena Vista Avenue. The total length of the project area is approximately 13.1 miles; 6.1 miles of which are along the main branch of Llagas Creek, 3.3 miles along West Little Llagas Creek, and 2.4 miles along a tributary of Llagas Creek known as East Little Llagas Creek. An additional 1.3 miles of new diversion channel would be constructed along West Little Llagas Creek to Llagas Creek. On the north, the physical limits of the project are at the creek’s intersection with Llagas Road on West Little Llagas Creek in Morgan Hill and in the south, the project limits area approximately 800 feet below the creek’s intersection with Buena Vista Avenue in Gilroy. (a) Background. In 1982 the first EIS for the Upper Llagas Project was prepared by the National Resources E:\FR\FM\28SEN1.SGM 28SEN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Notices Conservation Services (NRCS) as the lead agency. The downstream portion of the project, from the confluence with the Pajaro River to Buena Vista Avenue, was completed in 1996. However, due to the federal Endangered Species Act listing of steelhead trout in 1997, the changed environmental condition prompted an update to the existing 1982 EIS. NRCS was lacking funding to complete the upstream portion of the Project, so under the Water Resources Development Act of 1999, the project was transferred to the Corps to complete. Corps Civil Works hired an environmental consultant in 2007 to begin preparation of the current Project EIS. (b) Purpose and Need. The overall project purpose is to manage flood risk within the Upper Llagas Creek Watershed and provide flood protection for residents, businesses, and infrastructure in the City of Morgan Hill, community of San Martin, and the sphere of influence of the City of Gilroy. The Proposed Action would increase flood protection for up to a one percent flood exceedance event in the City of Morgan Hill (Reaches 8, 7A, and 7B); assure no additional flooding is induced on Llagas Creek by the upstream modifications along the reaches downstream from Morgan Hill (Reaches 6, 5, and 4), and provides a ten percent exceedance capacity for the semi-urban area along East Llagas Creek (Reach 14). (c) Proposed Action. The Santa Clara Valley Water District proposes 44.82 acres of temporary impacts and 3.81 acres of permanent impacts to jurisdictional waters of the United States. Flood management features and proposed activities include widening and deepening the channel in all reaches; construction of an underground concrete tunnel beneath Nob Hill to bypass flood flows; construction of a sinuous low-flow channel, construction of access roads along the top of bank in all reaches; aquatic habitat enhancement in reaches 4, 5, 6, and 7A; installation of culverts at two tributary confluences within reach 6 and three tributary confluences in reach 14; construction of a 1.25-mile long earthen diversion channel on West Little Llagas Creek (reach 7A); exhuming of buried bridge crossings in reach 7A; replacement of culverts at four road crossing locations in reach 7B; and removal of a cinder block/brick wall at the upstream project limit and removal of sediment and debris for all culverts and beneath the Hillwood Lane bridge crossing in reach 8. 2. Alternatives. Alternatives to the Proposed Action initially being considered include: VerDate Sep<11>2014 17:19 Sep 25, 2015 Jkt 235001 (a) NRCS Alternative: The NRCS Alternative would provide an increased level of flood management for urban areas, specifically: 1 percent flood in Morgan Hill (Reaches 8, 7A, and 7B); 10-percent flood management for the semi-urban area around East Little Llagas Creek (Reach 14); and, avoid induced flooding elsewhere on Llagas Creek (Reaches 6, 5, and 4) due to upstream improvements. (b) Culvert/Channel Alternative: The Culvert/Channel Alternative would eliminate the need for channel deepening and widening through residential properties, as proposed for the NRCS Alternative between West Main Avenue and West 2nd Street in Reach 8. (c) Reach 6 Bypass Alternative: The Reach 6 Bypass Alternative would construct a high flow bypass channel between Reach 6 of Llagas Creek and Reach 14 of East Little Llagas Creek. The bypass channel in Reach 6 would intersect with U.S. Highway 101. Therefore, construction of new bridges under the existing north and south bound lanes of the existing U.S. Highway 101 would be required to accommodate the bypass channel. A culvert would also be required under Murphy Road. Reach 14 would need to be enlarged (deeper and wider) to a greater extent than under the other alternatives to maintain a 10-year flood capacity, while preventing induced flooding from the upstream improvements. The bypass would be designed so that no flood capacity improvements would be needed along the Llagas Creek section of Reach 6 downstream from the bypass channel or Reach 5. A hydraulic diversion structure would be required within Llagas Creek upstream to divert high flows into the bypass channel, and which would also allow the existing range of lower flows to continue downstream in Reach 6. In Reach 8 this alternative is exactly same as the design of the Tunnel Alternative, including the construction of a tunnel and the sediment detention basin. (d) No Action: The ‘‘No Action’’ alternative is one that results in no action requiring a Department of the Army permit. 3. Draft EIS Scoping Process. (a) The Corps is furnishing this notice to: (1) Advise other Federal and state agencies, affected Tribes, and the public of our intentions; (2) announce the initiation of a 30-day scoping period; and (3) obtain suggestions and information on the scope of issues and alternatives to be included in the Draft EIS. The Corps invites comments from all interested parties to ensure that the full range of issues related to the permit PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 58233 request is addressed and that all significant issues are identified. We will accept written comments until 30 days after the date of publication of this notice. (b) Significant issues to be analyzed in the Draft EIS include: Aesthetics/visual quality, agricultural resources, air quality, biological resources, cultural resources, cumulative impacts, environmental justice, flood protection, geology/soils, growth inducement, land use/planning, noise/vibration, public health and safety, public services/ utilities, recreation, socioeconomics, threatened and endangered species, traffic/circulation, water resources including wetlands, and other issues identified through scoping, public involvement, and interagency coordination. (c) The Corps will conduct an environmental review of the Proposed Action in accordance with the requirements of NEPA, 1969 as amended, (42 U.S.C. 4321 et seq.) and its implementing regulations (40 Code of Federal Regulations, Section 1500 et seq.), Corps Procedures for Implementing NEPA (33 Code of Federal Regulations, Section 230 et seq.), and the NEPA Implementation Procedures for the Regulatory Program (Appendix B of 33 CFR part 325), as well as other appropriate federal laws and regulations, policies, and procedures of the Corps for compliance with those regulations. The Proposed Action, through the Corps permit review process, will require consultation under Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act. Additionally, the proposed action would involve evaluation for compliance with the Section 404(b)(1) Guidelines of the Clean Water Act; the Magnuson-Stevens Fishery Conservation and Management Act; Water Quality Certification pursuant to Section 401 of the Clean Water Act; and certification of state lands, easements and right of ways. 4. Scoping Workshops. Previous project scoping workshops were held on October 25, 2012 and on November 14, 2001 despite scoping workshops as being optional, but recommended. No additional scoping workshops are proposed for this Project. 5. Availability of the Draft EIS. The Corps currently expects the Draft EIS to be made available to the public in December 2015. A public meeting will be held during the public comment period for the Draft EIS. Written comments will be accepted at the meeting. E:\FR\FM\28SEN1.SGM 28SEN1 58234 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Notices Dated: September 17, 2015. Tori K. White, Acting Chief, Regulatory Division. [FR Doc. 2015–24575 Filed 9–25–15; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF EDUCATION Final Waiver and Extension of the Project Period for the Literacy Information and Communication System Regional Professional Development Centers Catalog of Federal Domestic Assistance (CFDA) Number: 84.191B. Career, Technical, and Adult Education, Department of Education. ACTION: Final Waiver and Extension. AGENCY: For the 36-month grant projects funded in fiscal year (FY) 2011, using FY 2010 funds, under the Literacy Information and Communication System (LINCS) Regional Professional Development Centers (RPDC) program, the Secretary hereby waives the restriction against project period extensions involving the obligation of additional Federal funds, and extends the project period of the four LINCS RPDC grants for an additional 12 months. This enables the four current LINCS RPDC grantees that received awards under the FY 2011 competition that were extended for one additional year through FY 2014 using 2013 funds (through September 30, 2015), to seek another continuation award for one additional year through FY 2015 with FY 2014 funds (through September 30, 2016); and we will not announce a new LINCS RPDC competition for FY 2015. DATES: This final waiver and extension of the project period is effective September 28, 2015. FOR FURTHER INFORMATION CONTACT: Patricia Bennett, U.S. Department of Education, 400 Maryland Ave. SW., Room 11013, Potomac Center Plaza, Washington, DC 20202. Telephone: (202) 245–7758 or by email at: patricia.bennett@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUPPLEMENTARY INFORMATION: On June 2, 2014, we published in the Federal Register (79 FR 31315) a final waiver and extension for the current 36-month grant projects under the Literacy Information and Communication System (LINCS) Regional Professional Development Centers (RPDC) program in which the Secretary waived the tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:19 Sep 25, 2015 Jkt 235001 restriction against project period extensions involving the obligation of additional Federal funds and extended for an additional 12 months the project period of the four LINCS RPDC grants. The Secretary took this action because we did not believe that it was in the public interest to hold a LINCS RPDC competition for FY 2014, (through September 30, 2015), the same year in which the Department’s LINCS resource collection contract and the LINCS technical services contract would end. This one-year extension of the LINCS RPDC project period through FY 2014 ensured seamless technical assistance service delivery to our adult education customers. On July 24, 2015, we published in the Federal Register (80 FR 44088) (July 2015 notice) a proposed waiver of 34 CFR 75.261(a) and (c)(2), which restricts project period extensions involving the obligation of additional Federal funds, as it applies to the LINCS RPDC. The Secretary also proposed in the July 2015 notice to extend the project period of LINCS RPDC grants for an additional 12 months to enable the four current LINCS RPDC grantees that received awards under the FY 2011 competition to seek a continuation award for one additional year through FY 2015 (through September 30, 2016), with FY 2014 funds, in accordance with the transition authority under section 503(c) of the Workforce Innovation and Opportunity Act (WIOA), 29 U.S.C. 3343(c), which grants the Secretary broad discretion to take appropriate action to provide for the orderly transition from the prior Adult Education and Family Literacy Act (AEFLA) (20 U.S.C. 9201 et seq.) to AEFLA as authorized under WIOA. The Secretaries of Education and Labor have published proposed rules implementing WIOA and are also developing guidance for the State and local grantees that implement WIOA programs, including AEFLA. We did not believe that it would be in the public interest to hold a LINCS RPDC competition during a period of significant change for State grantees transitioning to new program requirements under WIOA, as this is a time when support from the four experienced LINCS RPDC grantees would be particularly critical to maintaining needed technical assistance and professional development for State grantees and adult educators. There are no substantive differences between the proposed and final waivers and extensions. Public Comment: In the July 2015 notice, the Secretary invited comments about the potential effect that this waiver and extension of the project period would have on LINCS RPDCs PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 and on applicants that may be eligible to apply for grant awards under any new LINCS RPDC notice inviting applications, should there be one. The July 2015 notice contained background information and our reasons for proposing the waiver and extension of the project period. We received 12 comments in response to our proposal, one of which did not address the proposed waiver and extension. Generally, we do not address comments that raise concerns not related to the proposed waiver and extension. Analysis of Comments and Changes Comment: Each of the 11 commenters who addressed the proposed waiver and extension: Supported it, discussed the benefits and accomplishments of current LINCS RPDC projects, and stated that an extension of the current project period would allow grantees to continue to provide quality professional development during a period of transition from the requirements of the prior AEFLA to the new requirements of AEFLA under WIOA. Response: We agree with the 11 commenters that extending the current LINCS RPDC grant period will allow current LINCS RPDC grantees to request continuation awards with which they could (1) continue to work toward accomplishing the goals and objectives stated in their 2011 LINCS RPDC grant applications, and (2) provide quality professional development during a period of transition from the requirements of the prior AEFLA to the requirements of AEFLA under WIOA. Change: None. Waiver of Delayed Effective Date The Administrative Procedure Act (APA) requires that a substantive rule must be published at least 30 days before its effective date, except as otherwise provided for good cause (5 U.S.C. 553(d)(3)). The Secretary has determined that a delayed effective date is unnecessary and contrary to the public interest. It is unnecessary because we received only 11 public comments on this action, all of which supported our proposal and we have not made any substantive changes to the proposal. It is contrary to public interest because we would not be able to make timely continuation grants to the four affected entities with the delay. Therefore, the Secretary waives the APA’s delayed effective date provision for good cause. Regulatory Flexibility Act Certification The Secretary certifies that the waiver and extension and the activities E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Notices]
[Pages 58232-58234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24575]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army


Intent To Prepare a Draft Environmental Impact Statement (EIS) 
for a Permit Application for Upper Llagas Creek Flood Protection 
Project in Santa Clara County, California

AGENCY: U.S. Army Corps of Engineers, San Francisco District, DoD.

ACTION: Notice of Intent (NOI).

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers (Corps), San Francisco 
District, has received a permit application for a Department of the 
Army permit under Section 404 of the Clean Water Act (33 U.S.C. 1344) 
and Section 10 of the Rivers and Harbors Act (33 U.S.C. 403) from the 
Santa Clara Valley Water Control District to construct flood conveyance 
features and to deepen and widen Upper Llagas Creek (Proposed Action). 
As part of the permit process, the Corps is evaluating the 
environmental effects associated with construction and implementation 
of these additional flood protection measures within the communities of 
Morgan Hill, San Martin, and Gilroy.
    The primary federal involvement associated with the Proposed Action 
is the discharge of fill material within federal jurisdictional areas 
and Waters of the United States and work within Navigable Waters of the 
United States. In addition, the Proposed Action could have potential 
significant effects on the human environment. Therefore, the Corps will 
prepare an EIS in compliance with the National Environmental Policy Act 
(NEPA) to render a final decision on the Santa Clara Valley Water 
District's permit application. The Corps' decision will be to either 
issue or deny a Department of the Army permit for the Proposed Action. 
The Draft EIS is intended to be sufficient in scope to address federal, 
state, and local requirements and environmental issues concerning the 
Proposed Action and permit review.

FOR FURTHER INFORMATION CONTACT: Questions about the Proposed Action 
and Draft EIS should be directed to Mr. James Mazza, Corps Regulatory 
Project Manager, by telephone at (415) 503-6775 or by email at 
james.c.mazza@usace.army.mil. Written comments should be addressed to 
the U.S. Army Corps of Engineers, San Francisco District, Regulatory 
Division, Attn: Mr. James Mazza, 1455 Market Street, San Francisco, 
California 94103-1398. Information about the Proposed Action and Draft 
EIS can also be obtained from the San Francisco District Web site at 
www.spn.usace.army.mil.

SUPPLEMENTARY INFORMATION: 1. Project Site and Background Information. 
The Proposed Action is located within the southern Santa Clara County, 
approximately 25 miles southeast of San Jose, in the communities of 
Morgan Hill and San Martin. The project consists of seven reaches (4, 
5, 6, 7A, 7B, 8, and 14) of Llagas Creek, East Little Llagas Creek, and 
West Little Llagas Creek above Buena Vista Avenue. The total length of 
the project area is approximately 13.1 miles; 6.1 miles of which are 
along the main branch of Llagas Creek, 3.3 miles along West Little 
Llagas Creek, and 2.4 miles along a tributary of Llagas Creek known as 
East Little Llagas Creek. An additional 1.3 miles of new diversion 
channel would be constructed along West Little Llagas Creek to Llagas 
Creek. On the north, the physical limits of the project are at the 
creek's intersection with Llagas Road on West Little Llagas Creek in 
Morgan Hill and in the south, the project limits area approximately 800 
feet below the creek's intersection with Buena Vista Avenue in Gilroy.
    (a) Background. In 1982 the first EIS for the Upper Llagas Project 
was prepared by the National Resources

[[Page 58233]]

Conservation Services (NRCS) as the lead agency. The downstream portion 
of the project, from the confluence with the Pajaro River to Buena 
Vista Avenue, was completed in 1996. However, due to the federal 
Endangered Species Act listing of steelhead trout in 1997, the changed 
environmental condition prompted an update to the existing 1982 EIS. 
NRCS was lacking funding to complete the upstream portion of the 
Project, so under the Water Resources Development Act of 1999, the 
project was transferred to the Corps to complete. Corps Civil Works 
hired an environmental consultant in 2007 to begin preparation of the 
current Project EIS.
    (b) Purpose and Need. The overall project purpose is to manage 
flood risk within the Upper Llagas Creek Watershed and provide flood 
protection for residents, businesses, and infrastructure in the City of 
Morgan Hill, community of San Martin, and the sphere of influence of 
the City of Gilroy. The Proposed Action would increase flood protection 
for up to a one percent flood exceedance event in the City of Morgan 
Hill (Reaches 8, 7A, and 7B); assure no additional flooding is induced 
on Llagas Creek by the upstream modifications along the reaches 
downstream from Morgan Hill (Reaches 6, 5, and 4), and provides a ten 
percent exceedance capacity for the semi-urban area along East Llagas 
Creek (Reach 14).
    (c) Proposed Action. The Santa Clara Valley Water District proposes 
44.82 acres of temporary impacts and 3.81 acres of permanent impacts to 
jurisdictional waters of the United States. Flood management features 
and proposed activities include widening and deepening the channel in 
all reaches; construction of an underground concrete tunnel beneath Nob 
Hill to bypass flood flows; construction of a sinuous low-flow channel, 
construction of access roads along the top of bank in all reaches; 
aquatic habitat enhancement in reaches 4, 5, 6, and 7A; installation of 
culverts at two tributary confluences within reach 6 and three 
tributary confluences in reach 14; construction of a 1.25-mile long 
earthen diversion channel on West Little Llagas Creek (reach 7A); 
exhuming of buried bridge crossings in reach 7A; replacement of 
culverts at four road crossing locations in reach 7B; and removal of a 
cinder block/brick wall at the upstream project limit and removal of 
sediment and debris for all culverts and beneath the Hillwood Lane 
bridge crossing in reach 8.
    2. Alternatives. Alternatives to the Proposed Action initially 
being considered include:
    (a) NRCS Alternative: The NRCS Alternative would provide an 
increased level of flood management for urban areas, specifically: 1 
percent flood in Morgan Hill (Reaches 8, 7A, and 7B); 10-percent flood 
management for the semi-urban area around East Little Llagas Creek 
(Reach 14); and, avoid induced flooding elsewhere on Llagas Creek 
(Reaches 6, 5, and 4) due to upstream improvements.
    (b) Culvert/Channel Alternative: The Culvert/Channel Alternative 
would eliminate the need for channel deepening and widening through 
residential properties, as proposed for the NRCS Alternative between 
West Main Avenue and West 2nd Street in Reach 8.
    (c) Reach 6 Bypass Alternative: The Reach 6 Bypass Alternative 
would construct a high flow bypass channel between Reach 6 of Llagas 
Creek and Reach 14 of East Little Llagas Creek. The bypass channel in 
Reach 6 would intersect with U.S. Highway 101. Therefore, construction 
of new bridges under the existing north and south bound lanes of the 
existing U.S. Highway 101 would be required to accommodate the bypass 
channel. A culvert would also be required under Murphy Road. Reach 14 
would need to be enlarged (deeper and wider) to a greater extent than 
under the other alternatives to maintain a 10-year flood capacity, 
while preventing induced flooding from the upstream improvements. The 
bypass would be designed so that no flood capacity improvements would 
be needed along the Llagas Creek section of Reach 6 downstream from the 
bypass channel or Reach 5. A hydraulic diversion structure would be 
required within Llagas Creek upstream to divert high flows into the 
bypass channel, and which would also allow the existing range of lower 
flows to continue downstream in Reach 6. In Reach 8 this alternative is 
exactly same as the design of the Tunnel Alternative, including the 
construction of a tunnel and the sediment detention basin.
    (d) No Action: The ``No Action'' alternative is one that results in 
no action requiring a Department of the Army permit.
    3. Draft EIS Scoping Process.
    (a) The Corps is furnishing this notice to: (1) Advise other 
Federal and state agencies, affected Tribes, and the public of our 
intentions; (2) announce the initiation of a 30-day scoping period; and 
(3) obtain suggestions and information on the scope of issues and 
alternatives to be included in the Draft EIS. The Corps invites 
comments from all interested parties to ensure that the full range of 
issues related to the permit request is addressed and that all 
significant issues are identified. We will accept written comments 
until 30 days after the date of publication of this notice.
    (b) Significant issues to be analyzed in the Draft EIS include: 
Aesthetics/visual quality, agricultural resources, air quality, 
biological resources, cultural resources, cumulative impacts, 
environmental justice, flood protection, geology/soils, growth 
inducement, land use/planning, noise/vibration, public health and 
safety, public services/utilities, recreation, socioeconomics, 
threatened and endangered species, traffic/circulation, water resources 
including wetlands, and other issues identified through scoping, public 
involvement, and interagency coordination.
    (c) The Corps will conduct an environmental review of the Proposed 
Action in accordance with the requirements of NEPA, 1969 as amended, 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 Code of 
Federal Regulations, Section 1500 et seq.), Corps Procedures for 
Implementing NEPA (33 Code of Federal Regulations, Section 230 et 
seq.), and the NEPA Implementation Procedures for the Regulatory 
Program (Appendix B of 33 CFR part 325), as well as other appropriate 
federal laws and regulations, policies, and procedures of the Corps for 
compliance with those regulations. The Proposed Action, through the 
Corps permit review process, will require consultation under Section 7 
of the Endangered Species Act and Section 106 of the National Historic 
Preservation Act. Additionally, the proposed action would involve 
evaluation for compliance with the Section 404(b)(1) Guidelines of the 
Clean Water Act; the Magnuson-Stevens Fishery Conservation and 
Management Act; Water Quality Certification pursuant to Section 401 of 
the Clean Water Act; and certification of state lands, easements and 
right of ways.
    4. Scoping Workshops. Previous project scoping workshops were held 
on October 25, 2012 and on November 14, 2001 despite scoping workshops 
as being optional, but recommended. No additional scoping workshops are 
proposed for this Project.
    5. Availability of the Draft EIS. The Corps currently expects the 
Draft EIS to be made available to the public in December 2015. A public 
meeting will be held during the public comment period for the Draft 
EIS. Written comments will be accepted at the meeting.


[[Page 58234]]


    Dated: September 17, 2015.
Tori K. White,
Acting Chief, Regulatory Division.
[FR Doc. 2015-24575 Filed 9-25-15; 8:45 am]
BILLING CODE 3720-58-P