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[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Notices]
[Pages 68741-68743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28741]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

Notice of Intent To Prepare a Draft Environmental Impact 
Statement/Environment Impact Report (DEIS/DEIR) for a Permit 
Application for the Proposed San Elijo Lagoon Restoration Project, City 
of Encinitas, San Diego County, CA

AGENCY: United States Army Corps of Engineers, Los Angeles District, 
Regulatory Division, Defense.

ACTION: Notice of Intent (NOI).

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SUMMARY: The United States (U.S.) Army Corps of Engineers (Corps), in 
conjunction with the County of San Diego Department of Parks and 
Recreation (County Parks), is preparing a joint Environmental Impact 
Statement/Environmental Impact Report (EIS/EIR) for the proposed San 
Elijo Lagoon Restoration Project (SELRP). The Corps will be lead agency 
under National Environmental Protection Act (NEPA) and County Parks 
will be the lead agency under the California Environmental Quality Act 
(CEQA). The development of the EIS/EIR and associated technical studies 
are being completed to determine the Agency Preferred Alternative, 
which would improve and/or restore wetland functions and services 
within the San Elijo Lagoon. Given the complexity of the alternatives 
analysis and range of potentially significant issues, the appropriate 
environmental document was determined by the Corps and County Parks to 
be a combined EIS/EIR, respectively. The Corps and the County Parks 
have agreed to jointly prepare the EIS/EIR to optimize efficiency and 
avoid duplication. The EIS/EIR is intended to be sufficient in scope to 
address federal, state, and local requirements for environmental 
analysis and permitting.
    Implementing the Agency Preferred Alternative would require a 
Department of the Army permit pursuant to Section 404 of the Clean 
Water Act, which regulates the discharge of dredged, excavated, or fill 
material in wetlands, streams, rivers, and other waters of the U.S. and 
the potential impacts on the human environment from such activities. To 
be authorized by the Corps, the Agency Preferred Alternative must also 
comply with the Section 404(b)(1) Guidelines (40 Code of Federal 
Regulations [CFR] Part 230) and may not be contrary to the public 
interest.
    Federal agencies coordinating in the development of the EIS include 
the U.S. Fish and Wildlife Service (Service), National Marine Fisheries 
Service (NMFS), and Environmental Protection Agency (EPA). State 
agencies coordinating in the development of the EIR include Department 
of Fish and Game (CDFG), California Coastal Commission (CCC), San Diego 
Regional Water Quality Control Board (RWQCB), State Water Resources 
Control Board, California Department of Transportation (Caltrans), and 
San Diego Association of Governments (SANDAG).
    The EIR/EIS is currently evaluating three alternative restoration 
designs, the No Project/No Action alternative, and associated 
maintenance and long-term management and maintenance measures. In 
addition, alternatives are being evaluated to determine if project 
phasing is necessary to maintain adequate habitat for sensitive aquatic 
species, including light footed clapper rail (Rallus longirostris 
levipes) and potentially western snowy plovers (Charadrius alexandrines 
nivosus) and California least terns (Sterna antillarum browni) . The 
study area encompasses approximately 960 acres within and adjacent to 
the Reserve, but final project size may vary, depending on the outcome 
of the alternatives analysis. Additional details and alternative 
designs are provided in Section 4. Should the project receive a permit, 
it is anticipated that construction of the SELRP would begin in fall 
2014. The study area boundaries for the SELRP are generally defined to 
include publicly owned parcels where restoration activities could 
occur.

FOR FURTHER INFORMATION CONTACT: Comments and questions regarding 
scoping of the Draft EIS/EIR may be addressed to Ms. Michelle Mattson, 
Senior Project Manager, U.S. Army Corps of Engineers, Los Angeles 
District, Regulatory Division, Carlsbad Field Office, Attn: CESPL-2009-
00575-MLM, 6010 Hidden Valley Road, Suite 105, Carlsbad, CA 92011 or 
comment letters can also be sent via electronic mail to 
Michelle.L.Mattson@usace.army.mil. The project title ``San Elijo Lagoon 
Restoration Project, CESPL-2009-00575-MLM'' should be included in the 
electronic mail's subject line and the commenter's physical mailing 
address within the body of the letter. Michelle Mattson can be reached 
at (760) 602-4835. Comments and questions can also be sent to Ms. Megan 
Hamilton, County of San Diego Department of Parks and Recreation, 5500 
Overland Avenue, Suite 410, San Diego CA 92123 or via electronic mail 
to Megan.Hamilton@sdcounty.ca.gov. Megan Hamilton can be reached at 
(858) 966-1377.

SUPPLEMENTARY INFORMATION: 
    1. Project Site and Background Information: San Elijo Lagoon is 
located in the city of Encinitas, San Diego County, California. The 
lagoon is the terminus of the Escondido Creek and La Orilla Creek 
watersheds at the Pacific Ocean. The study area is composed of 
approximately 961 acres, which are separated into four basins or areas 
(East Basin, Central Basin, West Basin, and Coastal Area). The lagoon 
provides habitat for resident and migratory species, some of which are 
sensitive or listed as federally-threatened or endangered under the 
Endangered Species Act (ESA).
    Due to encroachment by development, restricted tidal influence, and 
the increase of freshwater from the watershed, the San Elijo Lagoon has 
gradually degraded over time. Tidal influence has been restricted by 
infrastructure and development at the inlet of the lagoon. The Pacific 
Coast Highway (PCH), the North County Transit District (NCTD) railroad, 
and Interstate 5 (I-5) all traverse the lagoon and further modify tidal 
and freshwater circulation patterns and increased sediment accumulation 
from the watershed. Freshwater input has increased as a result of 
residential and commercial land uses in the 77-square-mile hydrologic 
watershed. Because of these hydrologic changes, lagoon habitat is 
rapidly transitioning from mudflats to mid-marsh habitat through the 
rapid expansion of cordgrass (Spartina spp.) and pickleweed (Sarcoconia 
pacifica) and the East Basin supports large areas of freshwater marsh 
vegetated primarily by cattails (Typha spp.). The changes have also 
decreased the quality of water in the lagoon causing elevated bacteria 
levels and increased the occurrences of beach closures during high flow 
events.
    Mechanical breaching of the ocean inlet is routinely performed to 
maintain tidal flushing within the lagoon, but benefits are only 
temporarily realized due to the physical and hydrological changes 
previously mentioned. If no action is taken to restore the lagoon, 
functions and services will continue to degrade, further reducing the 
diversity of estuarine habitats and increasing freshwater wetland and 
riparian habitats. Sensitive flora and fauna currently dependent on the 
estuarine conditions will continue to be adversely

[[Page 68742]]

affected. The SELRP is an effort to restore estuarine functions and 
services to the greatest extent practicable in light of permanent 
constraints. Depending on the restoration alternative chosen through 
development of the Draft EIS/EIR, the SELRP would improve tidal 
influence by modifying and maintaining the existing inlet of the lagoon 
or by constructing a new, permanently open lagoon inlet. Habitat 
diversity and other wetland functions and services would also be 
improved by modifying existing tidal channels, grading new tidal 
channels, and/or by grading areas specified by a range of tide 
elevations.
    The basic project purpose of the proposed SELRP is to restore tidal 
wetlands; this is a water dependent activity. The overall project 
purpose of the SELRP is to enhance and restore the physical and 
biological functions and services of the lagoon by increasing the tidal 
prism to support a diverse range of habitat types.
    The overarching goal of the SELRP is to protect, restore, and then 
maintain, via and adaptive management the San Elijo Lagoon ecosystem 
and the adjacent uplands to support a diversity of estuarine and 
brackish marsh habitats and associated native species of southern 
California.
    This goal can be further refined into three categories of 
objectives:
    1. Physical restoration of lagoon estuarine hydrologic functions,
    2. Biological restoration of lagoon estuarine habitats, and
    3. Management and maintenance of the lagoon to ensure long-term 
viability of the restoration efforts.
    2. Proposed Action: Three restoration alternatives and the No 
Project/No Action alternative are being evaluated in the EIR/EIS. All 
the restoration alternatives are designed to counteract the conversion 
trend to freshwater habitats and restore a range of estuarine habitat 
types. Therefore, increasing tidal influence is the primary action 
being evaluated to restore ecological functions and services. Two 
alternatives retain the existing tidal inlet and one constructs a new 
inlet further south. Restoration alternatives evaluate varying degrees 
of dredging and filling portions of the three basins (West, Central, 
and East Basin) to restore or create a diversity of estuarine habitat 
types. Excess sediment from dredging could be discharged on the 
adjacent beach or in the nearshore zone west of the lagoon, if it is 
identified as suitable beach sand material. Maintenance and adaptive 
management strategies are also being evaluated for each alternative 
(i.e. new inlet channel maintenance would differ from the existing 
inlet channel maintenance).
    Through the EIS/EIR process, an Agency Preferred Alternative will 
be chosen and a Restoration Plan will be developed. The Restoration 
Plan will be consistent with the goals and objectives listed above and 
will fit within the overall management strategies identified in the San 
Elijo Lagoon Enhancement Plan (County Parks 1996) and the San Elijo 
Lagoon Action Plan (San Elijo Lagoon Conservancy 1998).
    3. Issues: A number of potential environmental issues will be 
addressed in the EIS/EIR for each alternative. Additional issues may be 
identified during the scoping process, but issues initially identified 
as potentially significant or that are believed to be of local concern 
are as follows:
     Geology and Soils: Permanent impacts through the removal 
of sediment accumulated in the lagoon and on-going impacts resulting 
from as-needed maintenance activities.
     Coastal Processes: Temporary impacts during construction, 
permanent impacts depending on tidal inlet location, and on-going 
impacts resulting from as needed maintenance activities.
     Hydrology: Temporary impacts during construction, 
permanent changes in water circulation, and on-going impacts resulting 
from as-needed maintenance of the tidal inlet and/or interior dredging.
     Water & Aquatic Sediment Quality: Impacts during 
construction, including turbidity, and potential impacts resulting from 
as-needed maintenance activities.
     Aquatic & Terrestrial Biological Resources: Temporary and 
permanent impacts to existing species.
     Cultural & Paleontological Resources: Impacts to 
archaeological resources, human remains, and sacred sites.
     Land Use: Temporary or permanent impacts to beach use 
depending on inlet location.
     Recreation: Temporary impacts to existing trail use during 
construction and potential on-going impacts resulting from as-needed 
maintenance activities.
     Visual Resources: Temporary impacts during construction 
and permanent impacts associated with changes in vegetation communities 
and regular tidal flooding.
     Transportation and Traffic: Impacts during construction 
and potential on-going impacts resulting from as-needed maintenance 
activities.
     Air Quality/Greenhouse Gas Emissions: Impacts during 
construction and on-going impacts resulting from as-needed maintenance 
activities.
     Noise: Impacts during construction and on-going impacts 
resulting from dredging or other construction equipment during as-
needed maintenance activities.
     Hazards and Hazardous Materials: Impacts during 
construction and on-going impacts resulting from as-needed maintenance 
activities.
     Public Services and Utilities: Impacts during construction 
and on-going impacts resulting from as-needed maintenance activities.
    4. Alternatives: Since 1996, various interested parties have 
devised restoration concepts and considered alternative configurations 
of infrastructure that traverse the lagoon. Through an intensive 
process, four conceptual alternatives have been identified to be 
carried forward for engineering refinement and environmental 
evaluation:
     Alternative 1A--Intertidal Alternative (existing inlet)
     Alternative 1B--Habitat Diversity Alternative (existing 
inlet)
     Alternative 2A--Habitat Diversity Alternative (inlet 
relocated south)
     No Project/No Action
    There are common design features that would be implemented in each 
alternative, such as micro-grading and the use of short cobble-blocking 
structures at the inlet. The range and characteristics of the 
alternatives addressed in the EIS/EIR will be more fully developed 
based on input from the scoping process and specialized hydrological 
and biological technical studies that are underway.
    5. Scoping Process: The Corps and County Parks will jointly conduct 
a series of public scoping meetings to receive public comments 
regarding the appropriate scope and content for the SELRP Draft EIS/EIR 
and to assess public concerns. Additionally, a public hearing will be 
held during the public comment period once the Draft EIS/EIR is 
released. Participation in the public meetings by federal, state, and 
local agencies; Native American Tribes; and other interested 
organizations and persons is encouraged. Parties interested in being 
added to the electronic mail notification list for any projects 
associated with the SELRP can register at http://www.spl.usace.army.mil/regulatory/ under the Public Notice tab, 
Distribution List registration. This list will be used in the future to 
notify the public about scheduled hearings and availability of future 
public notices.
    Parties interested in obtaining additional information about the 
SELRP can also visit http://www.sanelijo.org/restoration.

[[Page 68743]]

    A series of public scoping meetings will be held on the following 
dates and locations:
    1. Carlsbad: November 15, 2011 at 1 p.m., U.S. Fish & Wildlife 
Service, Conference Room 1, 6010 Hidden Valley Road, Suite 101, 
Carlsbad, California 92011.
    2. Encinitas: November 29, 2011 at 6 p.m., City of Encinitas 
Community Center, 1140 Oakcrest Park Drive, Encinitas, CA 92024.
    3. Solana Beach: December 1, 2011 at 6 p.m., City of Solana Beach 
Council Chambers, 635 South Highway 101, Solana Beach, CA 92075.
    Comments on the proposed action, alternatives, or any additional 
concerns should be submitted in writing. Written comment letters will 
be accepted through December 18, 2011.
    The following permits and consultations are expected:
     Corps CWA Section 404 Permit
     RWQCB CWA Section 401 Water Quality Certification
     Service Section 7 Consultation
     National Historic Preservation Act Section 106 
consultation
     CDFG Section 1600 Streambed Alteration Agreement
     CCC Development Permit
     State Lands Commission Lease
     U.S. Coast Guard Navigation Permit (new inlet only)
     State Department of Parks and Recreation Encroachment 
Permit
    6. Availability of the DEIS/DEIR: The Draft EIS/EIR is expected to 
be published and circulated by fall 2012, and public meetings will be 
held after its publication.

    Dated: October 26, 2011.
Mark Cohen,
Deputy Chief, Regulatory Division, Corps of Engineers.
[FR Doc. 2011-28741 Filed 11-4-11; 8:45 am]
BILLING CODE 3720-58-P
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