PUBLIC SCOPING SR-241 TOLL ROAD EXTENSION OSO PARKWAY TO SD COUNTY LINECOMMENT IN OPPOSITION - Part 1I SUPPORT THE NO BUILD OPTIONDate: December 1, 2019 Dawn Urbanek, San Clemente Resident PUBLIC SCOPING COMMENT PART 1 DOCUMENTATION
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SUMMARY The Foothill/Eastern Transportation Corridor Agency (TCA) has been denied a wastewater discharge permit to build the Tesoro Extension of SR-241 from Oso Parkway to the Orange/ San Diego county line 5 times since 2006, by multiple entities (San Diego Water Board, The California Coastal Commission and the United States Secretary of Commerce) stating that: "... impacts would be permanent, irreversible, and, for the most part, unmitigable". "No other alternative alignment poses the threat of unmitigable and irrevocable impacts of such magnitude". Upon final denial; it appears that the TCA/Caltrans, The County of Orange, Rancho Mission Viejo and the San Diego Water Board have worked in concert to allow the use the 401 Wastewater Certification No. R9-2014-0144 granted to Rancho Mission Viejo for "F" Street, to build the Tesoro Extension of SR-241 that was denied permits. On the Permit, "F" Street is designated as a new County of Orange arterial road that extends approximately 5.5 miles from Cow Camp Road to Oso Parkway, terminating at the Oso Parkway Bridge in alignment with the on and off ramps for the terminus of SR-241 Toll Road at the Oso Bridge. The "original "F" Street was identified as a Rual County Road (a collector road) that was suppose to provide a second entrance and exit to Tesoro High School by connecting Cow Camp Road to Tesoro Creek Road (the driveway for Tesoro High School that terminates at Oso Parkway ) approximately 800' to the west of the Terminus of SR-241 Toll Road. In order to use 401 Wastewater Certification No. R9-2014-0144 granted to Rancho Mission Viejo for "F" Street as a collector road, RMV had to ammend the alignment of "F" Street and change its designation to a County of Orange Arterial Road. A change in the alignment of "F" Street required that Rancho Mission Viejo get permission from both the United States Department of the Interior, Fish and Wildlife and the US Army Corps of Engineers in order to get a "minoir amendment" to the Orange County Southern Subregion Habitat Conservation Plan for the F Street Project, Orange County California. It appears that Rancho Mission Viejo made material mis-statements of facts to the United States Department of the Interior, Fish and Wildlife to get the approval of a 10% a shift in the alignment of "F" Street. The alignment of "modified" "F" Street was shifted approximately 800' east so that the on and off ramps of "modified" "F" Street would line up with the on and off ramps of the SR- 241 Toll Road terminus at Oso Parkway. There is no valid NEPA or CEQA for "Modified "F" Street (a 5.5 mile segment of Tesoro Extension of SR-241 from Oso Parkway to Cow Camp road). TCA/Caltrans should be denied any construction of a Toll Road south of the Oso Bridge without opening a new environmental review with Caltrans as the lead agency for NEPA. There is no valid EIR for Tesoro High School. As such, all noise, air, and pollution studies are invalid because the 10% shift in the alignment of the Tesoro Extension of SR-241 is approximately 800' closer to Tesoro High School. New health risk studies must be done to determine if the construction and completion of a toll road with truck climbing lanes less than 500' from a school will cause long term, irreparable health and safety implications for students and staff at Tesoro High School. Chiquita Canyon is a regionally significant wildlife corridor. If the Toll Road is allowed to be constructed, it will permanently eliminate much or all of the remaining corridor value, and may threaten many rare and endangered species and their habitat. Chiquita Canyon is a rare Alkali Riparian Marsh (1 of 8 in the state of California) New noise, air, pollution, water and soil studies should be conducted in order to determine what mitigations will be needed to protect wildlife corridors, sensitive plant and animal species, and ensure water quality for the region.
STATEMENT OF FACTS 1. On June 13, 2006 TCA filed application No. 06C-064 for a Clean Water Act section 401 Water Quality Certification (Water Quality Certification). 2. On February 23, 2006, TCA certified a Final Subsequent Environmental Impact Report (FSEIR) for the SOCTIIP (South Orange County Transportation Infrastructure Improvement Project) and filed a Notice of Determination. In support of the FSEIR, TCA adopted findings and a statement of overriding considerations for the SOCTIIP project- a 16 mile segment of SR-241 from Oso Parwkay to the Orange County/San Diego county line. TCA found that impacts to wild life, fisheries and vegetation could not be mitigated to a less than significant level. 3. On February 6, 20081, the San Diego Water Board Executive Officer DENIED Water Quality Certification Application No. 06C-64 without prejudice and expressed concerns that the project would not meet water quality standards2. The project application did not address outstanding concerns expressed by the San Diego Water Board regarding the proposed habitat mitigation plan, anti-degradation, the runoff management plan, and water quality monitoring3. 4. On February 6, 2008, the SOCTIIP toll road extension was DENIED by the California Coastal Commission as being inconsistent with the California Coastal Act stating: "[T]he toll road's impacts would be permanent, irreversible, and , for the most part, unmitigable. No other alternative alignment poses the threat of unmitigable and irrevocable impacts of such magnitude."4 5. TCA appealed the Coastal Commission's decision to the United States Secretary of Commerce. After a public hearing the Secretary of Commerce DENIED the appeal and upheld the California Coastal Commissions decision5. 6. By letter dated February 9, 2009, the TCA formally withdrew Application No. 06C-064. The withdrawl was confirmed on February 19, 2009.
NEW PLAN: Building the Tesoro Extension of SR-241 in segments to avoid environmental review 7. On August 10, 2012, TCA filed a report of waste discharge for the Tesoro Extension of SR-241 (a 5.5 mile segment from Oso Parkway to Cow Camp Road). 8. At a June 19, 2013 hearing a majority of San Diego Water Board members DENIED adoption of Revised Tentative Order R9-2013-00076. The San Diego Water Board noted that it may issue waste discharge requirements for large projects in phases; however, phased projects should not segment a larger project into pieces to avoid or limit the Board's review of the project's impacts on water quality and beneficial uses7. 9. On July 19, 2013, TCA petitioned the State Water Board for reconsideration of Revised Tentative Order No. R9-2013-00078. 10. On September 23, 2014, after accepting comments from interested parties, the State Water Board adopted Order WQ 2014-01549 remanding it back to the San Diego Water Board with direction.
While waiting on the final decision, RMV begins to work on a back-up plan. 11. On March 18, 2015 Rancho Mission Viejo Rancho applied for a Clean Water Act section 404 permit from the United States Army Corps of Engineers for the "F" Street Project (USACE File No. SPL-2015-00054)10. 12. On September 23, 2015 Rancho Mission Viejo appealed to the U.S Department of the Interior, Fish and Wildlife Services to make a "minor amendment" to the alignment of F-Street. A 10% shift in the alignemnt of "F" Street so that "modified" F" Street would align with the off and on ramps of the SR-241 that terminated at Oso Parkway11. 13. On Nov 24, 2014 Rancho Mission Viejo filed an incomplete 401 Wastewater Discharge Permit R9-2014-014410 for "F" Street a collector road that was designed to connect Cowcamp Road to Tesoro Creek Road (Tesoro High School's driveway) and terminate at Oso Parkway. 14. On January 30, 2015 Rancho Mission Viejo received permission from the U.S Department of the Interior, Fish and Wildlife Services to make a "Minor Amendment" to the alignment of F-Street12. 15. On March 16, 2015 the San Diego Water Board DENIED Revised Tentative Order No. R9-2013-000710 the final denial of the Tesoro Extension of SR-241 Toll Road south of the Oso Parkway Bridge.
BACKUP PLAN IMPLEMENTATION The TCA/Caltrans, County of Orange and Rancho Mission Viejo and possibly the San Diego Regional Water Quality Control Board worked together to allow the use the 401 Wastewater Discharge Permit R9-2014-0144 granted to RMV (a private entity) for the construction of "modified" "F" Street aka Los Patrones Parkway (a free Arterial Road) to build the Tesoro Extension of SR-241 from Oso Parkway to Cowcamp Road (a TCA/Caltrans project for a TOLLED Road that had already been denied a wastewater drainage permit 5 times by multiple entities. 16. An e-mail dated April 1, 2015 from Gregory Nord (OCTA) to Valerie McFall (TCA) shows that the TCA would be out-of-business if they failed to start construction of the Tesoro Extension of SR-241 by June 2015.
CONSTRUCTION OF THE TOLL ROAD SOUTH OF OSO PARWAY WAS EFFECTIVELY DEAD UNLESS THE TCA COULD FIND A NEW ALIGNMENT AND START CONSTRUCTION NO LATER THAN JUNE 2015 17. Prior to starting any construction, the Rancho Mission Viejo was required to comply with Section 401 and 404 of the Clean Water Act by obtaining the following: 1. Wastewater discharge permit from the State Water Resources Control Board (SWRCB) (obtained by using the 401 Waste Water Discharge Permit for "Modified" F-Street which was administratively approved on June 4, 2015 without public in-put), 2. Biological opinion from the US Fish and Wildlife service (received January 30, 2015 with approval of the "Minor Amendment) 3. A Letter of Permission from the US Army Corps of Engineers (granted July 16, 2015 issued with Special conditions (US Army Corps of Engineers (DA Number: SPL-2015-00054)) 18. On April 9, 2015 Rancho Mission Viejo completed its incomplete application for 401 Wastewater Discharge Permit R9-2014-0144 12 for "modified" "F" Street. The permit states that Rancho Mission Viejo has also applied for a Clean Water Act section 404 permit from the United States Army Corps of Engineers for the Project (USACE File No. SPL-2015-00054)10. 19. On June 4, 2015 The San Diego Water Board "administratively approved" RMV's 401 Wastewater Discharge Permit R9-2014-014412 to build "modified" "F" Street. The permit expressly stated on page 2: "F" Street is not the Tesoro Extension of SR-241 that was denied waste water discharge requirements by the San Diego Water Board in 2013 (in the proceedings on Tentative Order R9-2013-0007 6) or a facility related to SR-241 and the Tesoro Extension is not covered by this Certification. "F" Street will be operated by the County of Orange as a free road." 20. The only entity named on the permit was Rancho Mission Viejo (a private entity) building "modified "F" Street aka Los Patrones Parkway proposed to be a County of Orange Rural Secondary Highway with the County of Orange as the lead for CEQA. 21. The project that is currently being built from Cow Camp Road to Oso Parkway is not Modified "F" Street as described in RMV permit. What is actually being built is the Tesoro Extension of SR - 241 with "modifications". The 10% shift in alignment brought the "original" toll road approximately 800' closer to Tesoro High School (a sensitive receptor), and will impact an additional 87.8-acres of the habitat reserve located next to Tesoro High School, a highly sensitive plant and animal habitat. As such, all noise, air and pollution studies that were done are no longer valid. 22. A 10% shift in the alinment of "modified "F" Street coupled with the construction of a toll road rather than an arterial road is a "substantial change", not a "minor adjustment" that should have triggered a new environmental review with Caltrans as the lead agency for NEPA. 23. The 401 Wastewater Discharge Permit R9-2014-0144 12 documentation shows that this permit; which was "administratively approved" by the San Diego Water Board failed to include all of the following documents: (1) Agreement for Grant of Fee Credits 18 (2) Grant Deed to County of Orange 19 (3) Irrevocable Offer to Convey 20 and November 8, 2016 Orange County Board of Supervisors Meeting Subject: Addendum to the July 18, 2006, Affordable Housing Agreement Rancho Mission Viejo 21 24. Rancho Mission Viejo only disclosed the Agreement for Grant Fee Credits, and not the property offers. Rancho Mission Viejo had an obligation to disclose all of the Agreements to the Water Board. If they had, then the permit would have been denied a sixth time, or would have named the TCA with Caltrans as the lead for NEPA on the permit with Rancho Mission Viejo. 25. On July 16, 2015 Rancho Mission Viejo received a Letter of Permission issued with Special conditions from US Army Corps of Engineers (DA Number: SPL-2015-00054) 10.
WHY DID THE SAN DIEGO WATER BOARD ADMINISTRATIVELY APPROVE RMV's PERMIT? 26. It appears that the San Diego Water Board administratively approved 401 Wastewater Discharge Permit R9-2014-0144 12, and did so behind closed doors in violation of state law and its own policies as evidenced below. 27. The March 16, 2015 San Diego Regional Water Board meeting 14 where the Tesoro Extension of the 241 received its final denial, had a large group of people that spoke in opposition to the TCA's appeal because the item was agendized (Item #9), and the Public knew the item was about the Tesoro Extension of SR-241 Toll Road.
28. There was no Public notice, attendance, or Public in-put when the San Diego Water Board approved 401 Wastewater Discharge Permit R9-2014-014412 for "modified" "F" Street. On Page 2 of the permit it states: "No public comments were received" 29. Approval of Rancho Mission Viejo's 401 Wastewater Discharge Permit R9-2014-014412 for "modified" F" Street was never placed on a San Diego Water Board meeting agenda (not even as a consent item). It was administratively approved behind closed doors as documented below: April 15, 2015 San Diego Water Board meeting 15 had one consent item: #6 Sycamore Land Fill May 13, 2015 San Diego Water Board meeting 16 there were no consent items. There was no San Diego Water Board meeting on June 4, 2015. Rancho Mission Viejo's 401 Waste Water Discharge permit was administratively approved behind closed doors with NO public input on June 4, 2015. June 24, 2015 San Diego Water Board meeting 17 there were 4 consent items: # 6, 7, and 8 for Calmut Company #9 for San Diego Ship Repair 30. The San Diego Regional Water Board failed to follow the law: 401 Wastewater Discharge Permit R9-2014-0144 12 contains the following language at page 24.
CONCLUSIONS 1) "Modified" "F" Street aka Los Patrones Parkway should remain a FREE Arterial Road as it was designated in Permit R9-2014-0144. 2) New noise, air and pollution studies should be conducted at Tesoro High School (a sensitive receptor), so that any threats to the health and safety of Tesoro High School students and staff can be mitigated. 3) New noise, air, pollution, water and soil studies should be conducted within the habbitat reserve next to Tesoro High School in order to determine what mitigations will be needed to protect wildlife corridors, sensitive plant and animal species and ensure water quality for the region. 4) The Federal Government should conduct a forensic audit of the TCA. 5) An Investigation should look at the actions of the TCA/Caltrans, the County of Orange, Rancho Mission Viejo and the San Diego Regional Water Quality Control Board for continuing to build the Tesoro Extension of SR-241 without permits. 6) The conduct of the Capistrano Unified School District should be investigated for its failure to protect the health and safety of staff and students by allowing the construction of a Toll Road (with proposed truck climbing lanes) on Tesoro High Schools property with no set back and no protective barriers or vegetative screens; and for allowing the waste water drainage for the toll road project to run onto school district property and underneath Tesoro High School creating a continuous trespass of water.
DOCUMENTATION 1 Under State law, the water boards establish beneficial uses and water quality objectives in their basin plans. Together with an anti-degradation policy, these beneficial uses and water quality objectives serve as water quality standards under the Clean Water Act. In Clean Water Act parlance, state beneficial uses are called "designated uses" and state water quality objectives are called "criteria." Throughout Resolution R9-2015-022 , the relevant term is used depending on the statutory scheme. California Regional Water Quality Control Board, San Diego Region Resolution R9-2015-022 Resolution Supporting Denial of Revised Tentative Order No. R9-2013-0007, Waste Discharge Requirements for Foothill/Eastern Transportation Cooridor Agency, Tesoro Extension (SR 241) Project, Orange County. https://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2015/R9-2015-0022.pdf 2 (Administrative Record (A.R.) Vol. 5 Index 71.) Citations are to the administrative record the San Diego Water Board submitted to the State Water Resources Control Board in response to TCA's Petition for Review of Waste Discharge Requirements Order No. R9-2013-0007. The complete administrative record is available for review on the internet at the following location: https://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2015/R9-2015-0022.pdf 3Documents supporting the determination that the San Diego Water Board could not ensure protection of beneficial uses due to unresolved water quality impacts can be found in A.R. Vol.5 Index numbers: 9, 10, 17 20, 29, 31 ,61,81, 90 (emails from Jeremy Hass, San Diego Water Board to TCA consultant discussing unresolved impacts and needed studies and plans); 5, 6, 87 (memos from PWA associates discussing sediment impacts to San Mateo Creek); 120,137 (emails from San Diego Water Board staff to TCA discussing missing information needed to assess impacts); 12,13 (San Diego Water Board staff meeting memos documenting unresolved impacts); 8 (2006 memo from James Smith, San Diego Water Board showing need for additional supplemental information for SOCTIIP 401 Certification application); 33 (correspondence from San Diego Water Board Executive Officer to TCA indicating incomplete assessment of water quality impacts.) 4 A.R. Vol. 1 Index 9, p.280-282. 5 A.R. Vol.51ndex 146 p.13-14. 6 Tentative Order No. R9-2013-0007 https://www.waterboards.ca.gov/sandiego/board_info/agendas/2013/Mar/item8/Supp_Doc_2_Complete_TENTATIVE_Order_R9-2013-0007.pdf 7 A.R. Vol. 1 Index 27 p.198-202 (Board hearing transcript 6-19-2013, Board member Abarbanel discussing the water quality impacts of the project proposed in the SOCTIIP FSEIR and rejected by the Coastal Commission); A.R. Vol. 1 Index 27 p.198, 205 (Board member Kalemkarian discussing inadequate project description leading to an inability to completely assess water quality impacts); p. 203 (Board Chair Morales stating the project is more than a 5.5 mile Tesoro Extension and it is unclear where the larger project may terminate.) 8 Reconsideration of Denial of Waste Discharge Requirements Revised Tentative Order No. R9-2013-0007 for Foothill/Eastern Transportation Corridor Agency, Tesoro Extension (SR 241) Project. (SWRCB/OCC Fi le A-2259). 9 State of California Water Resources Control Board Order WQ 2014-0154 https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2014/wqo2014_0154.pdf 10 US Army Corps of Engineers DA Number: SPL-2015-00054. Applicant Laura Eisenberg- Rancho Mission Viejo. Project "F" Street from "A" Street to Oso Parkway. Permit Type: Letter of Permission. Public Notice Date: N/A. Federally Complete 03/18/2015. Issued with special conditions. Date Issued 07-16-2015 https://permits.ops.usace.army.mil/orm-public I was not able to obtain a copy of this document. 11 January 30, 2015 Letter from United States Department of the Interior, Fish and Wildlife re: FWS-OR-15B0086-15CPA0119 granting RMV "minor amendment" to "F" Street. https://cusdwatch.com/index.php/24-march-14-2018-cusd-bot-meeting/681-united-states-department-of-the-interior-fish-and-wildlife-service-fws-or-15b0086-15cpa0119-january-30-2015 12 California Regional Water Quality Control Board San Diego Union Clean Water Act Section 401 Water Quality Certificcation and Waste Discharge of Dredged and/or Fill Materials R9-2014-0144. https://www.waterboards.ca.gov/sandiego/water_issues/programs/401_certification/docs/projects/2014/R9-2014-0144.pdf 13 California Regional Water Quality Control Board San Diego Region Resolution No. RS-2015-0022 Resolution Supporting Denial of Revised Tentative Order No. RS-2013-0007, Waste Discharge Requirements for Foothill/Eastern Transportation Corridor Agency, Tesoro Extension (SR 241) Project, Orange County https://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2015/R9-2015-0022.pdf 14 March 16, 2015 San Diego Water Board Meeting Agenda Item #9. Agenda: https://www.waterboards.ca.gov/sandiego/board_info/agendas/2015/Mar/Mar16.html Recording: https://www.waterboards.ca.gov/sandiego/board_info/agendas/2015/Mar/Recording/Board_Meeting_March_16,_2015%20(1).mp3 Minutes: https://www.waterboards.ca.gov/sandiego/board_info/minutes/2015/Minutes_-_March_16,_2015.pdf 15 April 15, 2015 San Diego Water Board Meeting Agenda https://www.waterboards.ca.gov/sandiego/board_info/agendas/2015/Apr/Apr15.html Recording: https://www.waterboards.ca.gov/sandiego/board_info/agendas/2015/Apr/Recording/Board_Meeting_April_15,_2015.mp3 Minutes: https://www.waterboards.ca.gov/sandiego/board_info/minutes/2015/Minutes_-_April_15,_2015.pdf 16 May 13, 2015 San Diego Water Board Meeting Agenda https://www.waterboards.ca.gov/sandiego/board_info/agendas/2015/May/May13.html Recording: None Minutes: https://www.waterboards.ca.gov/sandiego/board_info/minutes/2015/Minutes_-_May_13,_2015.pdf 17 June 24, 2015 San Diego Water Board Meeting Agenda: https://www.waterboards.ca.gov/sandiego/board_info/agendas/2015/Jun/Jun24.html Recording: https://www.waterboards.ca.gov/sandiego/board_info/agendas/2015/Jun/Recording/Board_Meeting_June_24,_2015.mp3 Minutes: https://www.waterboards.ca.gov/sandiego/board_info/minutes/2015/Minutes_-_June_24,_2015_Revised.pdf 18 Agreement for Grant of Fee Credits (Rancho Mission Viejo) Agreement N0. D14-034 http://cams.ocgov.com/Web_Publisher_Sam/Agenda06_24_2014_files/images/O00314-000951A.PDF 19 Grant Deed to the County of Orange http://cams.ocgov.com/Web_Publisher_Sam/Agenda06_24_2014_files/images/O00514-000951E.PDF 20 Irrevocable Offer to Convet Real Property and Memorandum of Fee Credit Agreement. http://cams.ocgov.com/Web_Publisher_Sam/Agenda06_24_2014_files/images/O00614-000951E.PDF 21 November 8, 2016 Orange County Board of Supervisors Meeting Subject: Addendum to the July 18, 2006, Affordable Housing Agreement Rancho Mission Viejo http://cams.ocgov.com/Web_Publisher_Sam/Agenda11_08_2016_files/images/A16-000183.HTM |
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SR241 Public Scoping Comments
- Public Scoping Comment - Part 1
