Notice of Intent (NOI) To Prepare a Draft Environmental Impact Report and Supplemental Environmental Impact Statement (EIR/SEIS) for Proposed Modifications to the Guadalupe River Project, Downtown San Jose, CA

DEPARTMENT OF DEFENSE

Department of the Army; Army Corps of Engineers

Notice of Intent (NOI) To Prepare a Draft Environmental Impact

Report and Supplemental Environmental Impact Statement (EIR/SEIS) for

Proposed Modifications to the Guadalupe River Project, Downtown San

Jose, CA

AGENCY: U.S. Army Corps of Engineers (Corps), Sacramento District, DOD.

ACTION: Notice of intent.

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SUMMARY: The multiple purpose Guadalupe River Project (Project) is

under phased construction in downtown San Jose, California. The Project

was authorized by Section 401(b) of WRDA 1986 and amended by the Energy

and Water Development Appropriations Act for Fiscal Year 1990 to

provide flood protection, environmental protection, and recreation

features. Portions of the Project have been completed or are ongoing

under existing implementation authorities and environmental approvals.

Project modifications are now required to protect species recently

listed under the Endangered Species Act and to meet conditions for

water quality certification under the Clean Water Act. Project

modifications will likely include an underground bypass to convey flood

waters around important riparian habitat, and changes to the existing

mitigation and monitoring plan. The intent of the Draft EIR/SEIS is to

describe and evaluate potential effects of these proposed modifications

on environmental resources in the Project area. The integrated Draft

EIR/SEIS will include sufficient information for compliance with both

the National Environmental Policy Act (NEPA) and the California

Environmental Quality Act (CEQA), as well as opportunities for public

participation in the planning and decision making process. The lead

agencies are the Corps and the Santa Clara Valley Water District (Water

District).

DATES: A public scoping period will begin on October 22, 1999 and end

on November 24, 1999. Public comment is invited on the proposal to

modify the Project, the proposal to prepare the Draft EIR/SEIS, and on

the scope of issues to be included in the Draft EIR/SEIS. Please submit

any concerns by November 24, 1999 to the person identified below.

Scoping meetings are tentatively scheduled for November 9 and 17, 1999

in San Jose. Concerned persons and organizations are invited to call or

write to be included on the mailing list for these public meetings or

to receive other correspondence concerning the proposed action.

The scoping meeting on November 9 will be 7:00 to 9:30

p.m. at the Crown Plaza Hotel, 282 Almaden Boulevard, San Jose,

California.

The scoping meeting on November 17 will be 7:00 to 9:30

p.m. at the Santa Clara Valley Water District, 5750 Almaden Expressway,

San Jose, California 95118.

FOR FURTHER INFORMATION CONTACT: Nina Bicknese, Environmental

Specialist, U.S. Army Corps of Engineers, 1325 J Street, Sacramento,

California, 95814-2922, phone : (916) 557-7948, or fax: (916) 557-5138,

[email protected].

SUPPLEMENTARY INFORMATION:

1. Background

The Guadalupe River Flood Control Project is being implemented in

phases along the Guadalupe river in downtown San Jose, Santa Clara

County, California. The project was authorized by Section 401(b) of

WRDA 1986 and amended by the Energy and Water Development

Appropriations Act for Fiscal Year 1990 to provide flood protection,

environmental protection, and recreation features. Project construction

began in 1992. Construction of flood protection elements was stopped in

1996 for several reasons. Concerns developed regarding compliance with

the conditions of the State Water Quality Certification under Section

401 of the Clean Water Act (CWA), the listing of the red-legged frog

and

[[Page 57077]]

steelhead salmon under Section 7 of the Endangered Species Act (ESA),

and receipt of a notice issued by three environmental groups stating

their intent to sue under the citizen suit provision of the CWA.

Implementation of mitigation elements have continued under existing

approvals and in cooperation with concerned agencies.

In June 1997, concerned resource agency staff from the U.S. Fish

and Wildlife Service (USFWS), California Department of Fish and Game

(CDFG), National Marine Fisheries Service (NMFS), and the California

State Water Resources Control Board (SWRCB) met with the Corps and the

Water District to express their concerns about the then proposed

mitigation measures for the project. Resultantly, the following

priorities were identified by the resource agencies:

Redesign the Project to avoid impacts and maximize on-site

mitigation

Maximize on-site revegetation to replace impacted Shaded

Riverine Aquatic (SRA) cover

Provide off-site mitigation to replace impacted SRA cover

Provide fisheries mitigation

Provide thermal mitigation

Twenty-one mitigation issues were identified and options were

evaluated. In December 1997, the Corps and the Water District joined

with the City of San Jose (City) and the San Jose Redevelopment Agency

(SJRA) to initiate a collaborative and facilitated program to resolve

mitigation disputes among the resource agencies, project sponsors, and

litigants in the threatened 1996 lawsuit.

In July 1998, this collaborative ratified a Dispute Resolution

Memorandum (DRM) which required the Corps and The Water District to

reevaluate a portion of the project, referred to as Contracts 3A and 3B

reaches, to avoid impacting remaining riparian and aquatic habitat in

the those reaches. Concurrently, the Corps determined the environmental

impacts associated with the Project's remaining phases could not be

adequately mitigated to maintain Project compliance with the ESA and

CWA. The Corps concluded that an General Reevaluation Report (GRR)

should be developed.

Since October 1998, the Corps and The Water District (lead

agencies) have been further refining objectives and alternatives in

coordination with concerned environmental regulatory agencies and the

collaborative to develop proposed project modifications to satisfy the

CWA and (ESA) concerns.

Study Area Location

The Guadalupe River, located primarily in the City of San Jose,

south of San Francisco Bay, drains an area of about 160 square miles

into the Bay. The primary project area is located along 2.6 miles of

the Guadalupe River in downtown San Jose, between Grant Street, just

upstream from Interstate-280, and Interstate-880. In addition, two off-

site mitigation areas are proposed, one along Reach A downstream of the

Project area and the other along lower Guadalupe Creek above its

confluence with Alamitos Creek (Figure 1-1).

2. Document Scope

This pending Draft EIR/SEIS was preceded by a series of documents

concerning the authorized Project that were prepared and processed in

compliance with the National Environmental Policy Act (NEPA) and the

California Environmental Quality Act (CEQA). To address the proposed

Project modifications, the Corps will produce one document which

integrates the combined NEPA and CEQA environmental document with the

General Reevaluation Report required by the corps. The purpose of the

integrated GRR-EIR/SEIS is to develop and assess a modified recommended

plan and to develop and assess alternatives for the remaining project

which avoid and mitigate for adverse effects on environmental

resources. This document will address new information, alternative

plans, potential effects, and benefits and costs related to compliance

with conditions for water quality certification and ESA.

The GRR-EIR/SEIS will describe and evaluate the potential effects

of proposed modifications to the Guadalupe River Project (Project) in

downtown San Jose. It will support decision making by the Corps and

Santa Clara Valley Water District to implement the proposed Project

modifications and ensure compliance with the National Environmental

Policy Act (NEPA) and California Environmental Quality Act (CEQA).

Potential direct and indirect environmental, social, and economic

effects of the alternatives will be evaluated, a plan recommended for

implementation, and details presented on the Federal and non-Federal

participation needed to implement the recommended plan.

3. Development and Evaluation of Alternative Plans for Project

Modifications

The following primary objectives were developed by the study team

and collaborative members through an iterative process, and were used

to develop alternative plans for project modifications.

Reduce flood damage from the Guadalupe River in downtown

San Jose by conveying flood flows up to the estimated 100-year flood

event through the project area.

Avoid and mitigate for potential adverse impacts to fish

and wildlife habitat using the opportunities associated with

construction of the flood control components, with special emphasis on

potential restoration of the remnant chinook salmon and steelhead trout

fisheries.

Be consistent with redevelopment plans adjacent to the

Guadalupe River in downtown San Jose through integration with the

Guadalupe River Park and Gardens Master Plan and downtown redevelopment

plans with preservation of historic and cultural resources.

Provide recreation elements compatible with local

recreation plans and the General Design Memorandum.

Provide for a minimum, undiverted flow of 1,500 cfs

throughout the bypass reach to accommodate fish and wildlife concerns.

Provide invert stabilization in the bypass reaches where

the natural river remains to preserve the existing vegetation and

proposed mitigation and to provide fish passage.

Design the Project so that it will not cause elevated

water temperature or other Project impacts which harm anadromous fish

species or other beneficial uses during Project construction and over

the entire Project life, including the transition period before

replacement vegetation matures.

Design the Project for successful migration of anadromous

fish through the Project area, including armored channel invert

sections of the Project.

Replace the same quantity and quality of anadromous fish

habitat, including spawning and rearing habitat, as was present prior

to Project construction.

4. Evaluation Criteria and Range of Alternatives

Development of alternatives plans was initiated with the goal to

consider all feasible measures to achieve the planning objectives plus

criteria of effectiveness, efficiency, completeness, acceptability.

Equal consideration was given to the objectives of alleviating the

flooding problem; avoiding and/or mitigating for potential adverse

impacts to fish and wildlife habitats; and providing recreation

opportunities and public access consistent with local

[[Page 57078]]

redevelopment and recreation master plans in and adjacent to the

Guadalupe River in downtown San Jose. These measures were analyzed to

determine their applicability and overall feasibility in the study

area. Subsequently, the management measures that were considered to be

appropriate to address the flooding, environmental, and recreation

issues, were assembled into an array of alternative plans for project

modifications. These alternatives were progressively screened and

refined throughout the planning process until a set of final candidate

plans was set as a basis for selection of a recommended plan. The

results indicated that only the triple bypass alternatives were able to

meet both the hydraulic and environmental mitigation criteria.

5. Alternatives Considered

As part of the planning process, many alternatives were considered

prior to the preparation of the General Design Memorandum. Development

of alternatives plans for project modification was initiated with the

goal to consider all feasible measures to achieve the planning

objectives plus criteria of effectiveness, efficiency, completeness,

acceptability. Equal consideration was given to the objectives of

alleviating the flooding problem; avoiding and/or mitigating for

potential adverse impacts to fish and wildlife habitats; and providing

recreation opportunity and public access consistent with local

redevelopment and recreation master plans in and adjacent to the

Guadalupe River in downtown San Jose. These measures were analyzed to

determine their applicability and overall feasibility in the study

area. Subsequently, the management measures that were considered to be

appropriate to address the flooding, environmental, and recreation

issues, were assembled into an array of alternative plans for project

modifications.

While the Draft EIR/SEIS will address an array of alternatives

considered, only two feasible alternatives remain for detailed analysis

in the document after completion of a rigorous and iterative screening

process. Except for the no action alternative, all alternatives were

developed to provide the authorized 100-year flood protection. The no

action alterative would be to complete mitigation plantings for

Contracts 1, 2, and 3C reaches under existing approvals, but do no

further construction on the Contract 3A and 3B reaches of the

authorized project. The ``cured'' alternative would be to add

additional mitigation to the authorized project to meet all concerns,

but it is not implementable because there is insufficient area for all

required mitigation. Channel widening and upstream detention

alternatives were found to be engineeringly and/or economically

infeasible. A number of bypass systems were evaluated in order to leave

as much of the natural stream channel as possible, minimize impacts on

riparian resources, and provide adequate environmental mitigation. The

final two alternatives to be included in detail in the Draft EIS/SEIS

are the no action and the underground bypass system alternative with

three conduits, plus inlet and outlet structures, low flow channel, and

mitigation measures.

6. Proposed Action

The Bypass System Alternative has been proposed to avoid or

minimize impacts on riparian resources and protected fish and wildlife

species that occur within the Contracts 3A and 3B reach of the

Guadalupe River. Specially, this alternative would reduce the amount of

riparian vegetation and SRA cover that would be affected while meeting

the purpose of providing 100-year flood protection to downtown San Jose

and vicinity. Project modifications include a bypass system, bank and

invert armoring, and gradient control structures.

To reduce flooding, the bypass system would route flood flows from

the natural river channel into the underground structures and

discharges further downstream where there is greater channel capacity

to pass flood flows. The underground bypass system will have three

independent conduits with different inlet and outlet locations. Inlets

for two of the structures will be located on the Guadalupe River

upstream of the West Santa Clara Street bridge, and the inlet for the

third structure will be located on the Guadalupe River downstream of

the confluence with Los Gatos Creek. The outlets for two of the

structures will be located on the Guadalupe River upstream of the

Coleman Avenue Bridge. The third outlet will be constructed on the

Guadalupe River downstream of the Coleman Avenue bridge.

Although the underground bypass minimizes effect on vegetation by

eliminating most of the bank armoring originally proposed for this

section of the river under the Project, some armoring is still required

in association with the construction of inlets and outlets. Under the

existing Project, most of the river bank and invert in Contracts 3A and

3B was proposed to be armored. The proposed bypass system will minimize

river bank and invert armoring.

Bank and Invert Armoring

Although the underground bypass minimizes effects on vegetation by

eliminating most of the armoring originally proposed under the existing

Project for this reach of the river, some armoring is still required,

including armoring associated with the inlets described above. The east

and west banks and the river invert will be armored for approximately

609 feet at the downstream end of Contract 3A (under and upstream of

the Coleman Avenue bridge), and for approximately 1,891 feet in

Contract 3B (under the Park Avenue bridge to downstream of the West

Santa Clara Street bridge). The channel invert in Contract 3B will also

be armored for approximately 300 feet downstream of the Los Gatos Creek

confluence, where an inlet is proposed. Wherever the natural channel

invert is armored, a low-flow channel will be constructed in the

armored section to provide fish passage through the area. Additionally,

the east bank will be armored from the West Santa Clara Street bridge

to approximately 50 feet downstream of the New Julian Street bridge.

The extent of channel invert and bank armoring may be less, depending

on the final design of the triple bypass system.

Stream Channel Invert Gradient Control Structures

Gradient control structures may be placed in the invert of the

stream channel throughout the bypassed section of the river. The

purpose of the gradient control structures is to stabilize ongoing bank

erosion and channel incision, increase instream cover, and provide

improved fish habitat.

Location and Description of Project Compensatory Mitigation Components

Compensatory mitigation components of the Project will be located

at onsite and offsite areas. Onsite areas are located in Contracts 1,

2, 3A, and 3B reaches an the Woz Way-Park Avenue Bypass Reach.

Compensatory mitigation plantings in onsite areas were maximized prior

to using offsite areas. Offsite compensatory mitigation areas include

Research A (located along the Guadalupe River between Airport Parkway

and I-880) and lower Guadalupe Creek (a tributary to the Guadalupe

River). Other compensatory measures include protecting or improving

riparian vegetation, SRA cover, and anadromous fish habitat (i.e.,

water temperature, spawning gravel, passage, and fish habitat

diversity).

[[Page 57079]]

7. Possible Environmental Effects

Based on the available information collected and analyzed to date,

significant effects will be avoided or will be minimized by

implementing the environmental commitments specified in the proposed

action. The resources for which potential adverse effects were

identified include river geomorphology, biological resources, air

quality, transportation and traffic, hazardous materials, and cultural

resources.

River Geomorphology. Operation of the Project could result

in changes in river geomorphology in the reaches of the Guadalupe River

included in the Project. Post-project monitoring would focus on channel

incision. If monitoring indicates a substantial increase in incision,

measures would be implemented to address this issue, such as

constructing additional invert stabilization structures.

Biological Resources. Construction of the Project would

require removal of SRA cover and disturbance of the river channel.

These activities could result in adverse effects on fish habitat during

and after construction. Anadromous fish evaluated are steelhead, which

is listed as threatened under the Endangered Species Act, and chinook

salmon. Effects on fish and fish habitat during construction will be

minimized by restricting in-water construction to summer low-flow

periods, by ensuring that activities that divert flow would not

restrict fish passage, and by implementing measures to control spills

and erosion. Effects on SRA cover and associated increases in water

temperature, loss of spawning gravel, and fish passage would be

addressed by onsite and offsite mitigation planting, replacing and

maintaining spawning gravels, replacing rearing habitat, and providing

for fish passage through armored sections of the Project.

Air Quality. Earthmoving associated with constructing the

Bypass Alternative could result in increased PM10 emissions. This

effect would be addressed by implementing the Bay Area Air Quality

Management District's feasible control measures for soil removal

activities.

Transportation and Traffic. Project construction could

result in a temporary short-term loss in available parking in the

Project area. This temporary loss would be offset by providing offsite

parking during construction and running a shuttle service to and from

the offsite parking lots and an office park being constructed in the

Project area.

Cultural Resources. Unknown cultural resources could be

discovered during Project construction. This potential effect will be

addressed by monitoring during ground-disturbing activities and

evaluating the significance of any cultural resources found during

construction.

Other Resources. Studies to date have concluded that the

proposed action (modified project with mitigation commitments) would

either not affect certain resource areas or that the effect on these

resource areas attributable to the Project would not be considered

significant. These resources are land use, recreation, public access,

visual resources, agriculture, minerals, population and housing, and

public services and utilities. The Draft GRR-EIR/SEIS will describe and

evaluate potential effects and will be available for public review and

comment.

8. Proposed Scoping Process

a. This Notice of Intent initiates the scoping process whereby the

Corps and the Water District will refine the scope of issues to be

addressed in the Draft GRR-EIR/SEIS and identify potential significant

environmental issues related to the proposed action.

b. Public comment is invited on the proposal to prepare the Draft

GRR-EIR/SEIS and on the scope of issues to be included therein.

c. The Corps and Water District will consult, local, State and

Federal agencies with regulatory or implementation responsibility for,

or expertise with, the resources in the area of investigation. These

include, but are not limited to, U.S. Fish and Wildlife Service,

National Marine Fisheries Service, and U.S. Environmental Protection

Agency, the State Historic Preservation Officer, California Department

of Fish and Game, California Environmental Protection Agency, State and

Regional Water Quality Control Boards, California Department of

Transportation; and the City of San Jose and San Jose Redevelopment

Agency.

d. Meetings with interested persons will be held during the scoping

period and after release of the Draft GRR-EIR/SEIS. Coordination with

Federal and State agencies, Tribal governments, and local governments

will occur throughout the entire process as necessary.

e. In November 1999, scoping workshops will be held in the

community to explain the Notice of Intent and the Notice of

Preparation, and to solicit suggestions, recommendations, and comments

to help refine the issues, measures, and alternatives to be addressed

in the Draft GRR-EIR/SEIS. Specific locations, dates, and times of the

meeting(s) will be published in local newspaper(s) or other media, and

be provided to those persons receiving this Notice and those that may

call or write after seeing a published version.

f. A 45-day public review period will be provided for public review

and comment on the Draft GRR-EIR/SEIS. All interested persons should

respond to this notice and provide a current address if they wish to be

notified of the Draft GRR-EIR/SEIS. A 30-day public review period will

be provided for review and comment on the Final GRR-EIR/SEIS.

9. Availability

The Draft GRR-EIR/SEIS is expected to be available for a

45-day public review and comment period in early 2000.

The Final GRR-EIR/SEIS is expected to be available for a

30-day review period in late 2000.

10. Commenting

A Draft GRR-EIR/SEIS is expected to be available for public review

and comment in early 2000 and a final GRR-EIR/SEIS in late 2000. The

comment period on the Draft GRR-EIR/SEIS will be 45 days from the date

of availability published in the Federal Register by the Environmental

Protection Agency. Comments received in response to this solicitation,

including names and addresses of those who comment, will be considered

part of the public record on this proposed action and will be available

for public inspection. Comments submitted anonymously will be accepted

and considered. Please provide any comments to the person identified on

the first page of this notice. Pursuant to 7 CFR 1.27(d), any person

may request the agency to withhold a submission from the public record

by showing how the Freedom of Information (FOIA) permits such

confidentiality. Persons requesting such confidentiality should be

aware that, under the FOIA, confidentiality may be granted in only very

limited circumstances, such as to protect trade secrets. The Corps will

inform the requester of the agency's decision regarding the request for

confidentiality, and where the request is denied, the agency will

return the submission and notify the requester that the comments may be

resubmitted with or without the name and address.

11. Coordination With Concerned Agencies

The Corps and The Water District as the lead Federal and State

agencies with responsibility to prepare this GRR-EIR/

[[Page 57080]]

SEIS, will cooperate and consult with concerned agencies, the

Collaborative, and those on the Executive Committee for this project.

The Environmental Protection Agency and Fish and Wildlife Service have

regulatory responsibilities that could not efficiently be considered

without direct involvement; guidance regarding formal consultation

responsibilities under the Endangered Species Act will be provided by a

Fish and Wildlife Service specialist who will participate as a member

of the interdisciplinary team. Other agencies, local and county

governments will also be invited to participate, as appropriate.

12. List of Public and Private Persons/Agencies Notified

A list of persons and agencies notified is available upon request

to the person identified on the first page of this notice.

13. Decisions To Be Made and Responsible Officials

The Commander, Sacramento District is the official responsible for

compliance with NEPA for actions within the District's boundaries. The

Santa Clara Valley Water District Board of Directors is responsible for

CEQA compliance for the proposed action. After completion of review,

the Chief of Engineers will sign his final report and transmit the

report and accompanying documents to the Assistant Secretary of the

Army for Civil Works (ASA(CW)). After review, ASA(CW) will transmit the

report to the Office of Management and Budget (OMB) requesting its

views in relation to the programs of the President. After OMB provides

its views, ASA(CW) will sign the record of decision (ROD) and transmit

the report to Congress. The responsible officials for respective NEPA

and CEQA compliance are: COL Michael Walsh, District Engineer,

Sacramento District, U.S. Army Corps of Engineers, 1325 J Street,

Sacramento, CA 95814-2922; Mr. Stanley Williams, Santa Clara Valley

Water District, 5750 Almaden Expressway, San Jose, CA 95118.

Gregory D. Showalter,

Army Federal Register Liaison Officer.

[FR Doc. 99-27636 Filed 10-21-99; 8:45 am]

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