Record of Decision

DEPARTMENT OF DEFENSE

Department of the Navy

Record of Decision

AGENCY: Department of Defense, Department of the Navy.

ACTION: Record of Decision to implement the sewage effluent compliance

project for the Santa Margarita River Basin of Marine Corps Base, Camp

Pendleton, California.

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SUMMARY: Pursuant to Section 102(c) of the National Environmental

Policy Act (NEPA) of 1969, and the Council of Environmental Quality

Regulations (40 CFR parts 1500-1508), the Department of the Navy

announces its decision to upgrade the wastewater treatment and disposal

systems in the Santa Margarita River Basin of Marine Corps Base (MCB),

Camp Pendleton, California. Upgrades in the Santa Margarita River Basin

include the construction of a series of wastewater discharge flow

percolation/equalization ponds inland from the coastline, and a

connecting pipeline, approximately 98,000 total lineal feet, to connect

sewage treatment plants 1, 2, 3, 8 and 13 to the La Salina ocean

outfall, which is owned and operated by the City of Oceanside.

DATES: This action is effective immediately.

ADDRESSES: Mr. Lupe E. Armas, Assistant Chief of Staff, Environmental

Security, Marine Corps Base, Camp Pendleton, CA 92055-5008.

FOR FURTHER INFORMATION CONTACT: Mr. Armas at (619) 725-4512.

SUPPLEMENTARY INFORMATION: Pursuant to Section 102(c) of the National

Environmental Policy Act (NEPA) of 1969, and the Council on

Environmental Quality Regulations (40 CFR parts 1500-1508), the

Department of the Navy announces its decision to upgrade the wastewater

treatment and disposal systems in the Santa Margarita River Basin of

Marine Corps Base (MCB), Camp Pendleton, California. Upgrades in the

Santa Margarita River Basin include the construction of a series of

wastewater discharge flow percolation/equalization ponds inland from

the coastline, and a connecting pipeline, approximately 98,000 total

lineal feet, to connect percolation/equalization ponds serving sewage

treatment plants 1, 2, 3, 8 and 13 to the La Salina ocean outfall,

which is owned and operated by the City of Oceanside. The project will

be constructed in two phases. Phase one includes construction of new

infrastructure linking facilities on Camp Pendleton. Phase two includes

pipeline construction from the percolation/equalization ponds on Camp

Pendleton to the La Salina Oceanside ocean outfall, as well as

authorize execution of the utility service agreement contract with the

City of Oceanside for the use of the outfall.

Sewage treatment plants 3 and 8 were constructed in the 1940's and

currently discharge secondary treated effluent to percolation basins

adjacent to the sewage treatment plants within a beneficial use portion

of the lower Santa Margarita River Basin. Sewage treatment plant 1 was

constructed in the 1940's and currently discharges secondary treated

effluent to oxidation ponds and then as a surface discharge to the

Santa Margarita River Basin at locations distant from the plant. Sewage

treatment plant 2 was constructed prior to 1960 and currently

discharges secondary effluent that is primarily diverted for irrigation

use at the Marine Memorial Golf Course with any excess effluent

discharged to the Santa Margarita River via a series of oxidation

ponds, open channel trenches and pipelines. Sewage treatment plant 13

was constructed prior to 1960 and was designed to discharge secondary

effluent via force main pipeline to percolation ponds in the lower

Santa Margarita River, approximately 3 miles distant (upriver). The

force main pipeline was damaged by the January 1993 flood; consequently

sewage treatment plant 13 discharges secondary effluent directly to the

Santa Margarita River at a location adjacent to the estuary.

Groundwater extracted from this basin serves developments within

the southern portion of MCB Camp Pendleton. The current quality of

effluent discharged into the Santa Margarita River Basin, from all

plants, does not meet the standards of the 1994 San Diego Water Quality

Basin Plan, the State of California Porter Cologne Water Quality Act of

1969, and the National Pollution Discharge Elimination System

requirements of the Federal Water Pollution Control Act of 1972. As a

result of these discharges, the San Diego Regional Water Quality

Control Board issued Cease and Desist Orders to MCB Camp Pendleton in

January 1989. To

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comply with these Cease and Desist Orders, new facilities are required

to improve wastewater treatment and disposal practices and meet the

Basin Plan objectives.

Alternatives considered for correcting the conditions cited in the

Cease and Desist Orders included water disposal of effluent, land

disposal of effluent and no action. Water disposal alternatives

included construction of an ocean outfall, live-stream discharge of

either secondary- or tertiary-treated effluent to the Santa Margarita

River, discharge to an off-base publicly owned treatment works, and a

basin plan amendment. Land disposal alternatives included percolation

basins, biological ponds, leach fields, and injection wells.

The preferred alternative, as identified in the Draft Environmental

Impact Statement (DEIS) consists of the construction of 98,000 feet of

pipeline, and percolation/equalization ponds connecting all five Base

sewage treatment plants and traversing through the City of Oceanside,

to the City owned La Salina ocean outfall for ultimate disposal. Though

all five sewage treatment plants will be connected to the ocean

outfall, only sewage treatment plant 13 normally will discharge to this

outfall. The other sewage treatment plants will discharge to the

outfall during storm events. The Base sewage treatment plants would

continue to treat sewage and discharge effluent at the current

secondary level. This alternative is identified in the Final

Environmental Impact Statement (FEIS) as the environmentally preferred

alternative for the Santa Margarita River. Connection to the La Salina

ocean outfall will require the approval of the City of Oceanside.

A systematic and multidisciplinary approach to identify

alternatives was utilized which incorporated criteria based upon

technical and functional suitability. Alternatives were evaluated for

technical suitability consistent with the numerous constraints imposed

by available land for treatment and disposal facilities and subsurface

geological and hydrogeological conditions. Technically suitable

alternatives were further evaluated for their ability to satisfy the

following six functional requirements of the project: (1) Prevention of

degradation of water quality to sustain beneficial uses identified in

the San Diego Basin Plan, (2) compliance with water quality standards

in accordance with State Groundwater Recharge Guidelines, (3)

compliance with water quality standards in accordance with Federal and

State safe drinking water standards, (4) compliance with the timelines

identified in the Cease and Desist Orders, (5) maintenance of sustained

volume within each water basin, and (6) prevention of saltwater

intrusion into each water basin. The analysis determined that the

preferred alternative is the only alternative that meets all six

functional requirement criteria, and is therefore the most

environmentally preferable.

All practical means to avoid or minimize environmental harm have

been adopted as identified below and are amplified in the FEIS.

Construction of the on Base percolation/equalization ponds and

pipeline within the Santa Margarita River will require grading and

excavation. A soil erosion control plan will be prepared for

construction, and will include restricting grading and excavation

during the rainy season, restricting heavy equipment to existing roads

and rights-of-way, installing sediment control measures, and

implementing post-construction revegetation. Construction of the

facilities within the City of Oceanside will also require trenching

operations. Implementation of the pipeline project segments within

Oceanside will be performed consistent with grading operation

specifications developed by the City of Oceanside.

To reduce potential significant impacts on paleontological

resources to an acceptable level, the Marine Corps will develop an

environmental education program, develop an information pamphlet and

conduct an environmental education class for all construction project

personnel. Additionally, environmental monitors shall be present when

construction activities occur in designated sensitive areas.

Environmental monitors shall ensure that paleontological resources are

recovered according to approved procedures. If paleontological

resources are identified aboard the Base or within the City of

Oceanside, and salvage efforts are required, the Marine Corps will

curate the materials. Those materials found in the City of Oceanside

will be provided to the City as requested.

The Southwestern willow flycatcher (Empidonax trailii), the least

Bell's vireo (Vireo belli pusillus) and the Arroyo southwest toad (Bufo

mocroscaphus), all federally listed endangered species, are known to

occur in the riparian areas of the Santa Margarita River drainage. The

vireo and the flycatcher are known to occur in the Pilgrim Creek reach

of the San Luis Rey River drainage.

Construction activities will likely be completed outside of the

vireo and flycatcher breeding season (March 15 through September 15).

Clearing of the vegetation will be completed prior to the breeding

season. This will avoid the possibility of vireos and flycatchers

nesting within the area that may be directly affected by the

construction activities. In addition, construction outside of the

breeding season will avoid indirect noise impacts to the species.

For construction that cannot be accomplished between September 15

to March 15, additional mitigation measures will be implemented in

accordance with the United States Fish and Wildlife Service Section 7

Endangered Species Act Biological Opinion for Programmatic Activities

and Conservation Plans in Riparian and Estuarine/Beach Ecosystems on

Marine Corps Base Camp Pendleton, BO 1-6-95-F-02 (Riparian Biological

Opinion) and the United States Army Corps of Engineers Section 404

Permit will be implemented. These will include a pre-construction

survey that will determine whether any active vireo or flycatcher nests

are within 500 feet of the construction corridor prior to construction

activity. All work within 500 feet of a nest will be completed within a

continuous 8-week period.

To avoid the small possibility that arroyo southwestern toads, or

that other wildlife, could be injured by falling into open trenches or

by burrowing into trench walls or spoils piles, no trenches will be

left unprotected at night. If the arroyo southwestern toad breeding

season (February 1 to September 30) cannot be avoided and

preconstruction surveys reveal that construction will take place in

toad habitat, mitigation measures will be implemented as mandated by

the Riparian Biological Opinion, including fencing the pipeline

corridor with silt-screen or shade cloth material the night prior to

trenching and removing all toads within the enclosure. Any necessary

removal of toads or other animals from trenches will be performed by a

biologist permitted by the U.S. Fish and Wildlife Service to handle

Arroyo Southwestern toads.

The project will result in a temporary loss of 6.3 acres of

riparian habitat in the Santa Margarita River drainage (including

jurisdictional wetlands and waters of the United States), which

provides habitat for the endangered willow flycatcher and vireo.

Temporary impacts to riparian habitats, including mulefat scrub,

southern arroyo riparian and southern willow scrub, will be mitigated

through a combination of invasive exotic plant control and vegetation

management to allow natural native species revegetation within five

years. Restoration of temporary impacts

[[Page 46725]]

will consist of invasive exotic plant control, measures to alleviate

soil compaction that may occur during construction activities, and

monitoring for a period of five years. The Marine Corps will monitor

the effects of discharge elimination from sewage treatment plant 3 in

the Santa Margarita Riparian system for 10 years to establish baseline

data for areas upstream, adjacent to and downstream of the existing

percolation basins. Hydrologic and vegetation monitoring data will be

collected in accordance with the provisions of the Riparian Biological

Opinion and provisions of the Clean Water Act Section 404 and 401

permits. Should changes in water quality or water levels be detected,

the Marine Corps will consult with the San Diego Regional Water Quality

Control Board and the U.S. Fish and Wildlife Service to develop and

implement appropriate mitigation measures. No permanent or temporary

riparian or wetland impacts are expected with project implementation

within the San Luis Rey River drainage.

Critical Habitat for the Southwestern Willow Flycatcher has

recently been designated by the U.S. Fish and Wildlife Service,

including the 100-year flood plain of the Santa Margarita River.

However, no permanent riparian/wetland impacts are expected from

project implementation within the critical habitat area. Accordingly,

the project will not adversely modify this habitat.

The California gnatcatcher (Polioptilla california), a federally

listed threatened species, is present in the coastal sage scrub habitat

near the percolation/equalization ponds and pipeline alignments. The

project will result in a direct temporary impact to 2.5 acres of the

coastal sage scrub, of which only 0.80 acres are currently occupied

gnatcatcher habitat. Mitigation and compensation for permanently

removed occupied coastal sage scrub habitat (e.g., for the pipeline

access road and the Lemon Grove ponds) will be achieved through habitat

enhancement and management at a ratio of 2:1 in coastal sage scrub

areas closest to the project impacts. The enhancement areas should stay

free of any development or disturbance in the future. In accordance

with the Biological Opinion 1-6-96-F-36 for the project (Upland

Biological Opinion), coastal sage scrub habitat will be revegetated

within two years of construction in all areas where permanent

vegetation removal is not required (i.e., along pipeline alignments).

Clearing of vegetation for the Lemon Grove ponds shall be done outside

of the gnatcatcher breeding season (February 1 through July 31).

To the maximum extent possible, construction activities will be

completed outside the California gnatcatcher breeding season to avoid

indirect noise impact to the species. For construction that cannot be

accomplished between August 1 and January 31, additional mitigation

measures will be implemented in accordance with the Upland Biological

Opinion. These include clearing of the vegetation prior to the breeding

season, even if subsequent construction activities occur within the

breeding season. This avoids the possibility of gnatcatchers nesting

within the area that may be directly affected by the project. A pre-

construction survey will determine whether any active gnatcatcher nests

are within 500 feet of the pipeline corridor prior to construction

activity. For those nests within 500 feet, a topographical analysis

will be completed to determine if disturbance is probable. If so, then

all work within 500 feet of a nest will be completed within a

continuous 96 hour period.

To mitigate temporary impacts to coastal sage scrub habitat

affected areas will be recontoured and reseeded with native coastal

sage scrub species and non-native vegetation will be controlled for

three years. This work will be initiated no later than the first

growing season after the area is disturbed from project construction

activities. Per the Upland Biological Opinion, this revegetation will

be considered acceptable if the total cover by native coastal sage

scrub species is at least 70 percent and the vegetation is not being

artificially sustained, or if the Marine Corps can demonstrate to the

satisfaction of U.S. Fish and Wildlife Service that the habitat is

insignificantly different from naturally occurring gnatcatcher habitats

or fully functional coastal sage scrub on the Base.

A report summarizing habitat enhancement and restoration will be

provided to the U.S. Fish and Wildlife Service within 60 days of the

initial phase and after three years to document the success of the

mitigation measures.

Thread-leaved brodiaea (Brodiaea filifolia), a proposed threatened

plant species, has been identified along the construction corridor

adjacent to the Headquarters alignment within the southern portion of

the Base. Construction will result in the removal of a small population

(five individuals plants) of thread-leaved brodiaea. The plant corms

will be transplanted, prior to construction, to another suitable area

on the Base that is presently occupied by the species.

Vernal Pools with associated watersheds have been identified near

sewage treatment plant 2 along the project pipeline alignment. The

pools and associated watershed adjacent to sewage treatment plant 2

will be fenced and monitored by a biologist. An erosion control plan

will also be implemented to minimize dust, sedimentation, or siltation

into the pools. This plan will be implemented by the contractor and

reviewed and approved by the Base to ensure that the methods

implemented are deemed effective. All pipelines will follow existing

roads to the maximum extent practical.

Construction will affect three archeological sites determined to be

eligible for inclusion on the National Register of Historic Places. The

Marine Corps will prepare a treatment and data recovery plan for these

three sites; CA-SDI 12,628, CA-SDI-14,0005H, and CA-SDI-14,170. A

construction monitoring plan to include a discovery plan will also be

prepared. The construction monitoring plan will also include monitoring

for buried cultural resources within areas of Quaternary alluvium

within the project alignment and at cultural resource sites CA-SDI-

8761, CA-SDI-14,060, CA-SDI-14,058 and CA-SDI-14,059. Flagging of the

right-of-way boundaries and construction monitoring will occur in the

vicinity of cultural resource sites CA-SDI-12,567 and CA-SDI-12,577 to

ensure avoidance of the significant site areas. Should archeological

resources be encountered during construction, all work will be halted

in the immediate area to determine if the resources are significant and

whether excavation or protection of resources is required. The

California State Historic Preservation Officer concurs with this

approach.

Analysis of air emissions that would occur during construction and

operation of the percolation ponds determined that these emissions will

be below de minimis levels and that the project conforms with the State

Implementation Plan for air quality.

A Coastal Consistency Negative Determination was prepared and

submitted for this project to the California Coastal Commission. The

Negative determination concluded that the proposed action is being

carried out in a manner consistent with the enforceable policies of the

Coastal Zone Management Act. The California Coastal Commission and the

City of Oceanside concur with this determination. A separate Coastal

Use Development Permit was prepared and submitted to

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the City of Oceanside in compliance with the City of Oceanside Local

Coastal Plan and the California Coastal Management Program. The

Oceanside City Planning Commission has approved the Coastal Use

Development Permit.

The proposed action has been evaluated with respect to

environmental and social impacts, as well as access to public

information and an opportunity for public participation in the NEPA

process as mandated by Executive Order 12898, ``Federal Actions to

Address Environmental Justices in Minority Populations and Low-Income

Populations.'' The project is consistent with the goals and provisions

of that Executive Order and no disproprotionate impacts to minority or

low-income populations will occur.

In the event that the Marine Corps and City of Oceanside are unable

to come to an agreement for connecting to the La Salina ocean outfall,

the Marine Corps will utilize the new force main pipeline to collect

treated effluent from sewage treatment plants 1, 2, 3 and 8 and dispose

of treated effluent at percolation/equalization basins that will be

constructed at the Lemon Grove site, as discussed in the FEIS. Also, as

discussed in the FEIS, effluent diversion from sewage treatment plants

1 and 2 will be continued and be used primarily to irrigate the Marine

Memorial Golf Course during the dry season, and a separate pipeline

would be constructed (included within the 98,000 foot estimate) from

the golf course to the new force main pipeline (to the Lemon Grove

percolation/equalization ponds) to dispose of surplus irrigation

effluent during the winter months. In addition, as discussed in the

FEIS, effluent from sewage treatment plants 3 and 8 would also flow to

the Lemon Grove percolation/equalization ponds. Finally, treated

effluent from sewage treatment plant 13 would continue to be discharged

to the existing Twin Lakes equalization/percolation ponds; to the Santa

Margarita River; and possibly to the Lemon Grove Ponds, capacity

permitting. Any continued discharge to the Santa Margarita River would

be in violation of the Cease and Desist Order. Accordingly, continued

discharge from sewage treatment plant 13 into the Santa Margarita River

would require an upgrade to sewage treatment plant 13 to meet current

permit conditions or a modification of the National Pollutant Discharge

Elimination System permit granted to MCB Camp Pendleton by the San

Diego Regional Water Quality Control Board. Implementation of any

proposal to obtain a revised National Pollutant Discharge Elimination

System permit or to add advanced treatment to sewage treatment plant 13

to comply with the existing permit conditions would require additional

engineering and environmental analysis. Accordingly, subsequent

environmental documentation would be prepared, as appropriate, pursuant

to NEPA if the need arises to further pursue or continue discharge of

treated effluent from sewage treatment plant 13 into the Santa

Margarita River.

Preparation of the Environmental Impact Statement began with a

public scoping process to identify issues that should be addressed in

the document. Involvement in scoping was offered through a combination

of documented public announcements and meetings with State of

California agencies. Public announcements were handled through scoping

letters sent to Federal, State, and local governmental agencies,

citizen groups and associations, and the general public. Also, a Notice

of Intent to prepare an Environmental Impact Statement was published in

local newspapers and the Federal Register. The notice of availability

of the DEIS appeared in the Federal Register on December 20, 1996. The

DEIS was distributed to Federal, State and local governmental agencies,

officials, citizens groups and associations, public libraries and other

interested parties. The public review period for the DEIS was from

December 20, 1996 through February 2, 1997. Comments received on the

DEIS focused on alternatives analysis, groundwater recharge, endangered

species and wetlands issues. The FEIS addressed these comments and was

distributed to officials of Federal, State and local governmental

agencies, citizens groups and associations, public libraries and to

other interested parties on June 27, 1997. The public review period for

the FEIS ended on July 27, 1997. No comments were received on the FEIS.

The Department of the Navy believes that there are no remaining

issues to be resolved with respect to this project. In the event that

the La Salina ocean outfall is unavailable, all pertinent issues have

been identified and addressed. Questions regarding the Environmental

Impact Statement prepared for this action may be directed to Mr. Lupe

E. Armas, Assistant Chief of Staff, Environmental Security, Marine

Corps Base, Camp Pendleton, CA 92055-5008, telephone (619) 725-4512.

Dated August 26, 1997.

Duncan Holaday,

Deputy Assistant Secretary of the Navy (Installations and Facilities).

[FR Doc. 97-23375 Filed 9-3-97; 8:45 am]

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