Intent To Prepare an Environmental Impact Statement/Environmental Impact Report (EIS/R) and Feasibility Report for the Upper Penitencia Creek, California, Flood Control Study

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

Intent To Prepare an Environmental Impact Statement/Environmental

Impact Report (EIS/R) and Feasibility Report for the Upper Penitencia

Creek, California, Flood Control Study

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of intent.

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SUMMARY: The San Francisco District, U.S. Army corps of Engineers,

together with its non-Federal sponsor, the Santa Clara Valley Water

district, is conducting a feasibility study for flood control along

Upper Penitencia Creek, Santa Clara County, California. Based on the

results of the reconnaissance study the Corps has determined there is a

Federal interest in two alternatives that would modify the floodplain,

construct a bypass culvert, and in the alternative, floodproof some

structures. These alternatives would provide net economic benefits

while minimizing environmental impacts. The Corps of Engineers is the

lead agency for this project under the National Environmental Policy

Act (NEPA), and the Santa Clara Valley Water district (SCVWD) is the

lead agency under the California Environmental Quality Act (CEQA). The

EIS/R will enable the lead agencies to comply with the requirements of

NEPA and CEQA.

FOR FURTHER INFORMATION CONTACT: Written comments and questions

regarding the scoping process or preparation of the EIS/R should be

directed to Mr. Bill DeJager at (415) 977-8670 or Mr. Gary Flickinger

at (415) 977-8548 at the U.S. Army Corps of

[[Page 63014]]

Engineers, San Francisco District, 333 Market Street, 7th Floor,

Planning Branch, San Francisco, CA 94105-2197.

SUPPLEMENTARY INFORMATION:

1. Authority

The feasibility study is being conducted under authority of the

Flood Control Act of 18 August 1941, which authorized a preliminary

examination and survey of the Coyote River (now Coyote Creek) and its

tributaries. A reconnaissance study of flood control alternatives along

Upper Penitencia Creek was completed in 1995. This study determined

there is a Federal interest in a flood control project in the study

area. A detailed (feasibility) study has subsequently been initiated

with the SCVWD to support further Federal participation in the project.

2. Alternatives

Three basic alternatives, each with three subalternatives, were

developed for the reconnaissance study. These alternatives included

various combinations of modified floodplains, bypass channels,

trapezoidal channels, and floodproofing. The feasibility study will

examine a range of alternative methods of flood control.

3. Comments and Scoping Meetings

The Corps of Engineers is requesting public input during the EIS/R

preparation for this project. All interested Federal, State, and local

agencies, Indian tribes, private organizations, and individuals are

invited to participate in the environmental scoping process established

by Federal regulations. A scoping meeting will be held on December 1,

1999, from 7:00 PM to 9:00 PM, at the Education Center Lounge, East

Side Union High School, 830 N. Capitol Ave., San Jose, California

95133. The purpose of the meeting is to determine the environmental

issues of concern to the public that should be addressed by the EIS/R.

A public comment period for the proposal will open on November 19,

1999, and will close on December 20, 1999. The public will have an

additional opportunity to comment on proposed alternatives after the

EIS/R is released to the public at a later date. This EIS scoping

meeting will also serve as a scoping meeting for the purposes of CEQA.

4. Issues to be Considered

The EIS/R will examine environmental issues of public concern

arising from the scoping process, and project impacts already known to

the Corps. These impacts will include, but are not limited to:

wildlife, fisheries, threatened and endangered species, vegetation,

water quality, recreation and park development, aesthetics,

transportation, cultural resources, public safety, and noise. The EIS/R

will disclose the project's compliance with all applicable statues,

rules, and regulations. Included will be coordination with the U.S.

Fish and Wildlife Service (FWS) under the Fish and Wildlife

Coordination Act, coordination with the FWS and the National Marine

Fisheries Service under the Endangered Species Act, and coordination

with the State of California under the Federal Clean Water Act and

Clean Air Act.

Erik T. Blechinger,

Maj, En, Deputy Commander.

[FR Doc. 99-30159 Filed 11-17-99; 8:45 am]

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