80 FR 58232 - 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
DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the Army Federal Register Volume 80, Issue 187 (September 28, 2015)
Corps of Engineers, Department of the Army
Federal Register Volume 80, Issue 187 (September 28, 2015)
| Page Range | 58232-58234 | |
| FR Document | 2015-24575 |
[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)] [Notices] [Pages 58232-58234] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24575] ======================================================================= ----------------------------------------------------------------------- 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 [email protected]. 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
![58232 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Notices
program evaluation efforts are as Council members, fishing industry, The primary federal involvement
successful as possible, and outreach academic, and government and non- associated with the Proposed Action is
efforts are targeting the intended government fisheries experts who will the discharge of fill material within
recipients with useful information. provide advice and direction on the federal jurisdictional areas and Waters
Affected Public: Individuals or conduct of trawl research. The NTAP of the United States and work within
households. was established to bring commercial Navigable Waters of the United States.
Frequency: Once every three-four fishing, fisheries science, and fishery In addition, the Proposed Action could
years. management professionals in the have potential significant effects on the
Respondent’s Obligation: Voluntary. northeastern US together to identify human environment. Therefore, the
This information collection request concerns about regional research survey Corps will prepare an EIS in compliance
may be viewed at reginfo.gov. Follow performance and data, to identify with the National Environmental Policy
the instructions to view Department of methods to address or mitigate these Act (NEPA) to render a final decision on
Commerce collections currently under concerns, and to promote mutual the Santa Clara Valley Water District’s
review by OMB. understanding and acceptance of the permit application. The Corps’ decision
Written comments and results of this work among their peers will be to either issue or deny a
recommendations for the proposed and in the broader community. Topics Department of the Army permit for the
information collection should be sent to be discussed at the meeting include: Proposed Action. The Draft EIS is
within 30 days of publication of this review NTAP Charter, review NEFSC intended to be sufficient in scope to
notice to OIRA_Submission@ Trawl Survey, and discuss additional address federal, state, and local
omb.eop.gov or fax to (202) 395–5806. trawl research/complementary surveys. requirements and environmental issues
Dated: September 23, 2015. concerning the Proposed Action and
Special Accommodations permit review.
Sarah Brabson,
NOAA PRA Clearance Officer.
The meeting is physically accessible FOR FURTHER INFORMATION CONTACT:
to people with disabilities. Requests for Questions about the Proposed Action
[FR Doc. 2015–24526 Filed 9–25–15; 8:45 am]
sign language interpretation or other and Draft EIS should be directed to Mr.
BILLING CODE 3510–JS–P
auxiliary aid should be directed to M. James Mazza, Corps Regulatory Project
Jan Saunders, (302) 526–5251, at least 5 Manager, by telephone at (415) 503–
days prior to the meeting date. 6775 or by email at james.c.mazza@
DEPARTMENT OF COMMERCE
Dated: September 23, 2015. usace.army.mil. Written comments
National Oceanic and Atmospheric Tracey L. Thompson, should be addressed to the U.S. Army
Administration Acting Deputy Director, Office of Sustainable Corps of Engineers, San Francisco
Fisheries, National Marine Fisheries Service. District, Regulatory Division, Attn: Mr.
RIN 0648–XE208
[FR Doc. 2015–24554 Filed 9–25–15; 8:45 am] James Mazza, 1455 Market Street, San
Mid-Atlantic Fishery Management BILLING CODE 3510–22–P
Francisco, California 94103–1398.
Council (MAFMC); Public Meeting Information about the Proposed Action
and Draft EIS can also be obtained from
AGENCY: National Marine Fisheries the San Francisco District Web site at
Service (NMFS), National Oceanic and DEPARTMENT OF DEFENSE
www.spn.usace.army.mil.
Atmospheric Administration (NOAA), Corps of Engineers, Department of the SUPPLEMENTARY INFORMATION: 1. Project
Commerce. Army Site and Background Information. The
ACTION: Notice; public meeting. Proposed Action is located within the
Intent To Prepare a Draft southern Santa Clara County,
SUMMARY: The Mid-Atlantic Fishery Environmental Impact Statement (EIS)
Management Council’s (Council) approximately 25 miles southeast of San
for a Permit Application for Upper Jose, in the communities of Morgan Hill
Northeast Trawl Advisory Panel (NTAP) Llagas Creek Flood Protection Project
will hold a public meeting. and San Martin. The project consists of
in Santa Clara County, California seven reaches (4, 5, 6, 7A, 7B, 8, and 14)
DATES: The meeting will be held on
AGENCY: U.S. Army Corps of Engineers, of Llagas Creek, East Little Llagas Creek,
Thursday, October 15, 2015, from 8 a.m.
San Francisco District, DoD. and West Little Llagas Creek above
to 5 p.m. For agenda details, see
ACTION: Notice of Intent (NOI). Buena Vista Avenue. The total length of
SUPPLEMENTARY INFORMATION.
the project area is approximately 13.1
ADDRESSES: The meeting will held at the SUMMARY: The U.S. Army Corps of miles; 6.1 miles of which are along the
Radisson Hotel Providence Airport, Engineers (Corps), San Francisco main branch of Llagas Creek, 3.3 miles
2081 Post Road, Warwick, RI 02886; District, has received a permit along West Little Llagas Creek, and 2.4
telephone: (401) 739–3000. application for a Department of the miles along a tributary of Llagas Creek
Council address: Mid-Atlantic Fishery Army permit under Section 404 of the known as East Little Llagas Creek. An
Management Council, 800 N. State Clean Water Act (33 U.S.C. 1344) and additional 1.3 miles of new diversion
Street, Suite 201, Dover, DE 19901; Section 10 of the Rivers and Harbors Act channel would be constructed along
telephone: (302) 674–2331 or on their (33 U.S.C. 403) from the Santa Clara West Little Llagas Creek to Llagas Creek.
Web site at www.mafmc.org. Valley Water Control District to On the north, the physical limits of the
FOR FURTHER INFORMATION CONTACT: construct flood conveyance features and project are at the creek’s intersection
Christopher M. Moore, Ph.D., Executive to deepen and widen Upper Llagas with Llagas Road on West Little Llagas
tkelley on DSK3SPTVN1PROD with NOTICES
Director, Mid-Atlantic Fishery Creek (Proposed Action). As part of the Creek in Morgan Hill and in the south,
Management Council, telephone: (302) permit process, the Corps is evaluating the project limits area approximately
526–5255. the environmental effects associated 800 feet below the creek’s intersection
SUPPLEMENTARY INFORMATION: The NTAP with construction and implementation with Buena Vista Avenue in Gilroy.
is a joint advisory panel of the Mid- of these additional flood protection (a) Background. In 1982 the first EIS
Atlantic and New England Fishery measures within the communities of for the Upper Llagas Project was
Management Councils. It is composed of Morgan Hill, San Martin, and Gilroy. prepared by the National Resources
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![58234 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Notices
Dated: September 17, 2015. restriction against project period and on applicants that may be eligible
Tori K. White, extensions involving the obligation of to apply for grant awards under any new
Acting Chief, Regulatory Division. additional Federal funds and extended LINCS RPDC notice inviting
[FR Doc. 2015–24575 Filed 9–25–15; 8:45 am] for an additional 12 months the project applications, should there be one. The
BILLING CODE 3720–58–P period of the four LINCS RPDC grants. July 2015 notice contained background
The Secretary took this action because information and our reasons for
we did not believe that it was in the proposing the waiver and extension of
DEPARTMENT OF EDUCATION public interest to hold a LINCS RPDC the project period.
competition for FY 2014, (through We received 12 comments in response
Final Waiver and Extension of the September 30, 2015), the same year in to our proposal, one of which did not
Project Period for the Literacy which the Department’s LINCS resource address the proposed waiver and
Information and Communication collection contract and the LINCS extension. Generally, we do not address
System Regional Professional technical services contract would end. comments that raise concerns not
Development Centers This one-year extension of the LINCS related to the proposed waiver and
RPDC project period through FY 2014 extension.
Catalog of Federal Domestic Assistance ensured seamless technical assistance
(CFDA) Number: 84.191B. service delivery to our adult education Analysis of Comments and Changes
AGENCY: Career, Technical, and Adult customers. Comment: Each of the 11 commenters
Education, Department of Education. On July 24, 2015, we published in the who addressed the proposed waiver and
ACTION: Final Waiver and Extension.
Federal Register (80 FR 44088) (July extension: Supported it, discussed the
2015 notice) a proposed waiver of 34 benefits and accomplishments of
SUMMARY: For the 36-month grant CFR 75.261(a) and (c)(2), which restricts current LINCS RPDC projects, and
projects funded in fiscal year (FY) 2011, project period extensions involving the stated that an extension of the current
using FY 2010 funds, under the Literacy obligation of additional Federal funds, project period would allow grantees to
Information and Communication as it applies to the LINCS RPDC. The continue to provide quality professional
System (LINCS) Regional Professional Secretary also proposed in the July 2015 development during a period of
Development Centers (RPDC) program, notice to extend the project period of transition from the requirements of the
the Secretary hereby waives the LINCS RPDC grants for an additional 12 prior AEFLA to the new requirements of
restriction against project period months to enable the four current LINCS AEFLA under WIOA.
extensions involving the obligation of RPDC grantees that received awards Response: We agree with the 11
additional Federal funds, and extends under the FY 2011 competition to seek commenters that extending the current
the project period of the four LINCS a continuation award for one additional LINCS RPDC grant period will allow
RPDC grants for an additional 12 year through FY 2015 (through current LINCS RPDC grantees to request
months. This enables the four current September 30, 2016), with FY 2014 continuation awards with which they
LINCS RPDC grantees that received funds, in accordance with the transition could (1) continue to work toward
awards under the FY 2011 competition authority under section 503(c) of the accomplishing the goals and objectives
that were extended for one additional Workforce Innovation and Opportunity stated in their 2011 LINCS RPDC grant
year through FY 2014 using 2013 funds Act (WIOA), 29 U.S.C. 3343(c), which applications, and (2) provide quality
(through September 30, 2015), to seek grants the Secretary broad discretion to professional development during a
another continuation award for one take appropriate action to provide for period of transition from the
additional year through FY 2015 with the orderly transition from the prior requirements of the prior AEFLA to the
FY 2014 funds (through September 30, Adult Education and Family Literacy requirements of AEFLA under WIOA.
2016); and we will not announce a new Act (AEFLA) (20 U.S.C. 9201 et seq.) to Change: None.
LINCS RPDC competition for FY 2015. AEFLA as authorized under WIOA. The
Secretaries of Education and Labor have Waiver of Delayed Effective Date
DATES: This final waiver and extension
published proposed rules implementing The Administrative Procedure Act
of the project period is effective
WIOA and are also developing guidance (APA) requires that a substantive rule
September 28, 2015.
for the State and local grantees that must be published at least 30 days
FOR FURTHER INFORMATION CONTACT:
implement WIOA programs, including before its effective date, except as
Patricia Bennett, U.S. Department of otherwise provided for good cause (5
AEFLA. We did not believe that it
Education, 400 Maryland Ave. SW., U.S.C. 553(d)(3)). The Secretary has
would be in the public interest to hold
Room 11013, Potomac Center Plaza, determined that a delayed effective date
a LINCS RPDC competition during a
Washington, DC 20202. Telephone: period of significant change for State is unnecessary and contrary to the
(202) 245–7758 or by email at: grantees transitioning to new program public interest. It is unnecessary
patricia.bennett@ed.gov. requirements under WIOA, as this is a because we received only 11 public
If you use a telecommunications
time when support from the four comments on this action, all of which
device for the deaf (TDD) or a text
experienced LINCS RPDC grantees supported our proposal and we have not
telephone (TTY), call the Federal Relay
would be particularly critical to made any substantive changes to the
Service (FRS), toll free, at 1–800–877–
maintaining needed technical assistance proposal. It is contrary to public interest
8339.
and professional development for State because we would not be able to make
SUPPLEMENTARY INFORMATION: On June 2, grantees and adult educators. timely continuation grants to the four
2014, we published in the Federal There are no substantive differences affected entities with the delay.
tkelley on DSK3SPTVN1PROD with NOTICES
Register (79 FR 31315) a final waiver between the proposed and final waivers Therefore, the Secretary waives the
and extension for the current 36-month and extensions. APA’s delayed effective date provision
grant projects under the Literacy Public Comment: In the July 2015 for good cause.
Information and Communication notice, the Secretary invited comments
System (LINCS) Regional Professional about the potential effect that this Regulatory Flexibility Act Certification
Development Centers (RPDC) program waiver and extension of the project The Secretary certifies that the waiver
in which the Secretary waived the period would have on LINCS RPDCs and extension and the activities
VerDate Sep<11>2014 17:19 Sep 25, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1](https://thefederalregister.org/doc/80_FR_58419/page/3.svg)
Document Created: 2018-02-26 10:21:47
Document Modified: 2018-02-26 10:21:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Intent (NOI). | |
| 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 | |
| FR Citation | 80 FR 58232 |
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