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HomeMy WebLinkAbout1994-04-26 - AGENDA REPORTS - VALENCIA CO MGMT US ARMY COE (2)AGENDA REPORT NEW BUSINESS City Manager Approval Item to be presented y: Lynn M. Harris DATE: April 26, 1994 SUBJECT: VALENCIA COMPANY'S NATURAL RIVER MANAGEMENT CONCEPT PREPARED FOR A SECTION 404 GENERAL PERMIT APPLICATION TO THE U.S. ARMY CORPS OF ENGINEERS (COE) DEPARTMENT: Community Development BACKGROUND The Valencia Company has submitted an application to the COE fora Section 404 General Permit. ('404 Permit"). The Valencia Company's Natural River Management Concept (NRMC) has been developed by the Valencia Company as a long-range development strategy for forty-nine projects associated with its land holdings along the Santa Clara River floodplain, and is the basis for the Section 404 General Permit application. (A full description of the project, and maps of project area, are included in the Special Scoping Notice, attached.) Project build -out is expected over an approximately 20 year period, and includes levees, bridges, side drains, and utility crossings. These improvements have been proposed by the Valencia Company to satisfy river conservation, flood protection, water quality management, and traffic circulation needs. The NRMC approach considers all of these projects and their cumulative effects on the River as a dynamic system. We are appreciative and supportive of the applicant's efforts toward comprehensive planning as it pertains to the long-term development and preservation of the Santa Clara River. Based on our review, the NRMC may help the Valencia Company, the City, the COE, the Federal Wildlife Service, the California Department of Fish and Game, and many others to realize mutual goals and the ultimate potential of the River. Of especial note, the NRMC proposes that the River and its main tributaries will remain as "soft -bottom channels", and that bank stabilization will be done with ungrouted rip -rap material, not concrete and gunite. While the primary purpose of the NRMC is to attain a comprehensive 404 Permit, the document also addresses the concerns of the County Department of Public Works (DPW) regarding flood control design standards and system maintenance, while incorporating wildlife and habitat conservation standards (mostly streambed avoidance) to respond to Issues raised by local, state, and federal agencies. In doing so, the NRMC utilizes the natural floodplain wherever habitat conservation, land development, and transportation objectives can be met. The Addendum to the Draft NRMC includes a Draft Environmental Assessment (EA) prepared for the Valencia Company by a consultant, and includes biological reports for flora and fauna, a drainage concept, and the General Section 404 Permit. Valencia Company representatives believe that this approach provides adequate environmental analysis and mitigation and project alternatives to satisfy federal and state environmental requirements, and have requested that the COE adopt the document in lieu of preparing an Environmental Impact Statement (EIS). APPROVED Agai-3Item: According to the Draft EA, of the 1290 acres in the project area, an estimated 46 acres defined as "Waters of the United States" would be impacted. Additionally, In the riparian corridor, negative impacts to 62.4 acres and positive impacts to 67.2 acres would result. The Draft EA analysis is partly based on assumptions of certain roadway alignments being developed, which have not been reviewed by the City for consistency with the General Plan Circulation Element. These assumptions appear logical, however, the impacts associated with road construction may differ with each alternative alignment and may not be compatible with the City's overall circulation plan. The NRMC appears to be consistent with most City General Plan policies concerning river development. While staff generally supports this approach to development along the River, there are several concerns to be worked out with the Valencia Company and the COE as follows: 1) This project may conflict with the Santa Clara River Trail project approved by the City in January of 1994. Coordination with the Valencia Company staff must occur to avoid this conflict. 2) This project should be coordinated with the Santa Clara River Management and Enhancement Plan, currently under preparation, which includes the entire reach of the River. 3) The NRMC addresses 49 known projects, in and adjacent to the River, most of which are proposed by the Valencia Company, but a few of which are proposed by the City and/or private developers. Staff is concerned that other projects, which may not have been included, may require unforeseen changes to the NRMC because they have not been included in this review. We suggest further discussion between the Valencia Company, the City, and the COE to Identify the potential for such problems and a methodology for handling such changes. The original public review period deadline for this project was April 16, 1994, but has been extended by the COE to April 30, 1994, to allow more time for review by the public, private concerns, and agencies. This extension also allows for comments by the City Council to be forwarded to the COE for use in their deliberations over Issuance of the 404 Permit. Finally, the COE has indicated that it may hold a local public scoping meeting -- in response to the City's request -- after the closure of the public comment period. We will keep the Council apprised. RECOMMENDATION: 1) Express general support for the proposed concept; 2) Direct staff to prepare and submit comments stating the City's position on the Valencia Company's Natural River Management Proposal to the U.S. Army Corps of Engineers, and continue to monitor this permit process; 3) Direct staff to continue working with the Valencia Company on this proposal to help achieve the General Plan goals and objectives applicable to the project site. ATTACHMENTS: 1) March 16, 1994, Special Scoping Notice from COE; 2) April 6, 1994, letter to Colonel R.L. Vanantwerp; Wd 04nlMdmw LOS ANGELES DISTRICT U.S. ARMY CORPS OF E `SPECIAL SCOPING NOTICE to consider a GENERAL PERMIT acs CF -I VED HAR 1 6 1994 ,:.»MUS• -V JFVP_avV2NT l CITY CE 5AN'A rynR r..S to cover VALENCIA COMPANY'S PROPOSED SANTA CLARA RIVER MANAGEMENT PLAN ("Natural River Management Concept") Public Notice No. 94 -504 -CC Comment Period: March 16, 1994 through April 16, 1994 Applicant Valencia Company 23823 Valencia Boulevard Santa Clarita, California 91355 Contact Mr. Mark Subbotin Valencia Company (same as Applicant address) Project Location (Proposed General Permit Area), The Santa Clara River from Castaic Creek east to one-half mile above the Los Angeles Aqueduct, which is upstream of Bouquet Canyon Road; San Francisquito Creek from the Santa Clara River to a point 2.9 miles upstream; and the Santa Clara River -South Fork from the Santa Clara River to a point 2.9 miles upstream. other tributaries are not covered by this proposed General Permit. Some reaches (sections of streams or river) within the General Permit Areas are within the authority of the City of Santa Clarita, Los Angeles County, California and other reaches are solely within the authority of the County of Los Angeles, California. (See Figure 1 for details.) ACtivity At the request of the Valencia Company (the Applicant) and after considerable evaluation, the Los Angeles District, U. S. Army Corps of Engineers (Corps) is requesting input from the public on the appropriateness of a General Permit for 49 specific activities, including levee linings, bridges, side drains and utility crossings, within the project location (Figures 1-6). For a description the General Permit, the Applicant proposed alternative permitting procedure for individual projects, project history, and additional project details see below under Additional Information and Applicant Verbatim Submittal. Additionally, the Proposed General Permit with biota reports, and the Applicant's Draft Environmental Assessment are available for review. Comments: Interested parties are invited to provide their views on the public interest in, and the appropriateness of, the proposed General Permit; the adequacy of the Applicants draft Environmental Assessment and proposed mitigation measures; the need for an Environmental Impact Statement based on the current proposal and mitigation; the proposed Scope of Analysis for the environmental documentation; etc.. Also, 1) include any impacts resulting from issuance of the Proposed General Permit that might result in more than minimal impacts if the General Permit is issued, and 2) wherever possible, include actions the Applicant could take to reduce those impacts to minimal. (Note, under NEPA, impacts can be reduced through the use of mitigation. For example significant impacts can be reduced to less than significant, or to minimal.) These comments will become part of the record and will be considered in the decision as to whether to proceed with a Public Notice for the General Permit. Within the comment period noted above, written comments should be mailed to: U.S. Army Corps of Engineers ATTN: CESPL-CO-R-CC P.O. BOX 2711 Los Angeles, California 90053-2325 ADDITIONAL INFORMATION General Permit Criteria A general permit is an authorization by the Department of the Army issued on a nationwide or regional basis for 1) category(s) of activities when those activities are substantially similar in nature and 2) when those activities cause only minimal individual and cumulative environmental impacts (33 CFR Part 323.2(h)). Under the Applicant's proposal, prior to implementation, the details of each of the 49 specific projects proposed for the General Permit would be reviewed by the Corps for conformance with the General Permit. The Corps has made a preliminary determination that the activities proposed are substantially similar in nature insofar as they are located within a contiguous area, are part of,a single management plan, and are normal activities necessary for access and flood management in a large drainage. General permits are valid for a maximum of five years. However, it is expected that if the activities occuring during the five years meet general permit criteria above, the General Permit, if issued, will be reissued. Project History On March 30, 1987 the Corps issued an after -the -fact permit Number 86- 255-RH to the Valencia Company to resolve an enforcement case. Special Condition a. of that permit stated: "The permittee shall develop a long-range management plan for the biological resources associated with the Santa Clara River within the reach under the ownership of the permittee, east of the confluence with Castaic Creek. This plan shall provide for the management, 2 conservation, and enhancement of those resources which may potentially be affected by future development projects proposed by the permittee. This plan shall retroactively include the reach of the Santa Clara River affected by this permit. Consideration of any future permit applications within the subject planning area shall be contingent upon reasonable progress by the permittee towards completion of the management plan." To this end, a Notice of Intent to Prepare a Draft Programmatic Environmental Impact Statement (DPEIS) was published by the Corps in the Federal Register on October 10, 1990. Comments were received by the Corps. Valencia Company initiated preparation of the DPEIS. However, during preparation of the DPEIS, the Valencia Company decided that an PEIS would not meet their permitting needs. As a result, the Valencia Company is proposing an Alternative Permitting Process (see below) and a project that they believe meets the criteria for a General Permit while at the same time meeting the requirements of permit 86-255-RH, Condition a.. To meet the general permit requirement for minimal individual and cumulative environmental impacts, the Valencia Company has submitted a "Natural River Management Concept" (NRMC) for the Proposed General Permit area which reduces the acreage of impacts within the banks of the proposed General Permit area from over 700 acres, as originally proposed at the time of the DPEIS, to approximately 62 acres. In addition, the Valencia Company is proposing to convert approximately 67 acres of adjacent uplands (primarily agricultural) to river bottom and include this acreage in the NRMC area. The acreage to be added to the NRMC area in this manner exceeds the proposed River bottom loss by a few acres. In addition, Valencia Company and John M. Tettemer and Associates are in the process of negotiating a minimum maintenance agreement with L.A. County Department of Public Works. Scope of Analysis - The Federal action for this project would be the issuance of a General Permit. Impacts that would not be a result of the Federal action, either directly, indirectly, or cumulatively, would not be within the scope of impact analysis. The Corps is requesting comments on the preliminary Scope of Analysis, and on the impacts within the preliminary Scope of Analysis. Figures 2-6 show the location of the existing banks and proposed levees, as well as the within -banks areas delineated by the Applicant. (Within - banks areas are not necessarily coincident with Corps jurisdiction.) In addition, the Valencia Company commissioned an independent delineation of the Corps' jurisdiction. (See Figures 7 and 8, for sections of the delineation in the vicinity of Bouquet Canyon Road and at the Proposed Commerce Center Drive.) Tributaries outside the NRMC drainages are not included in the delineation. The physical area of direct impact from this project is any area within the Corps' jurisdiction, i.e. "waters of the United States" including wetlands and other special aquatic sites as defined in 33 CFR 328.3. The Corps is in the process of evaluating the boundaries of Corps jurisdiction along the General Permit area. The Corps will review impacts to any aquatic -related or other resources including willow -cottonwood stands, alluvial scrub, or coastal sage scrub 3 nabitat that could be impacted as a result of the proposed General Permit. However, the Applicant has indicated that while the No Action (no General Permit) alternative would require them to stabilize the river/stream outside of the Corps' jurisdiction, it would not preclude development except within the Corps' jurisdiction. Under this scenario, impacts that are expected to occur from development or other activities without the need for Federal action would not be considered within the Corps' scope of analysis. For example, impacts to alluvial scrub habitat that would be impacted regardless of whether a General Permit is issued, would not be within the scope of analysis. Evaluation Factors The decision whether to proceed with the General Permit process (i.e. issuing a Public Notice for the General Permit) will be based on comments on this Special Scoping Notice of the probable impacts .including cumulative impacts of the proposed activity on the public interest. All factors relevant to the proposal will be considered including the cumulative effects thereof. Factors that will be considered include conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, 'land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. In addition, the evaluation will include consideration of the EPA Guidelines (40 CFR 230) as required by Section 404 (b)(1) of the Clean Water Act. APPLICANT VERBATIM SUBMITTAL THE FOLLOWING PROJECT INFORMATION AND DISCUSSION OF THE PROPOSED PERMITTING PROCESS IS PROVIDED VERBATIM AS SUPPLIED BY THE APPLICANT AND DESCRIBES THEIR PROPOSED PROJECT. EDITORIAL COMMENTS NOTED ARE PROVIDED BY THE CORPS. THE CORPS DOES NOT NECESSARILY CONCUR WITH THE APPLICANTS SPECIFIC PROPOSAL. HOWEVER, THE CORPS, CALIFORNIA DEPARTMENT OF FISH AND GAME, U.S. FISH AND WILDLIFE SERVICE, AND THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS, GENERALLY SUPPORT THE LONG TERM PLANNING OF THIS AREA AND THE NO MAINTENANCE CONCEPT. General Permit: The General Permit includes all of the impacts to the River within the General Permit area that are expected over the next 15 to 20 years. These impacts can be identified now since they have been masterplanned by their current owner. The projects identified may be built by various applicants. (Editors Note: an applicant may be Valencia Company (the Applicant) or another entity such as a contract developer, public agency, etc..) All applicants will be required to comply with the terms and conditions of the proposed General Permit. The General Permit projects include 31 levee linings, 15 of which will not impact waters of the United States, 7 bridges, 9 side drains, and 2 utility crossings. Detailed descriptions of the projects and their impacts are included in the General Permit documentation. 4 The General Permit river reaches contain approximately 1,290 acres of river bottom. Through avoidance minimization and alternative project design, the General Permit projects impact approximately 62.37 acres of the River and add approximately 67.20 acres to the River which results in the addition of 4.83 acres of open river bottom. Through the use of advance mitigation procedures including mitigation banks, no net loss of wetland habitat is expected to occur. The River will remain as a soft -bottom river to allow natural functions to continue. In addition, the levee linings will be constructed with ungrouted riprap to allow vegetation to reestablish itself. The amount of open river bottom will be increased because a Natural River Management Concept has been developed for the General Permit area. This concept led to a river design with no bank stabilization in some areas and, where necessary, the lining of levees along or near existing banks. The result is that major portions of the River and its sensitive habitat areas are undisturbed. The River's natural processes including stream braiding, plant growth, and river dynamics remain essentially unchanged. A study entitled "Determination of Manning's `n' for the Natural River Management Concept to be Applied to the Santa Clara River from Castaic Creek to the Los Angeles Aqueduct, San Francisquito Creek, and Santa Clara River, South Fork," by John M. Tettemer & Associates, Ltd., dated June, 1993 has been approved by the Los Angeles County Department of Public Works. This report identifies a composite "n" value for a "no maintenance" flood control facility design in the General Permit area., It is expected that flood control maintenance for future projects will be limited to restoration of damaged levee linings, removal of debris from bridge piers, and. maintenance of side drains. (Editors Note: Although the technical determination of the coefficient of friction (Mannings "n" value) have been agreed upon, other issues with the County remain to be resolved. However, Los Angeles County Department of Public Works has indicated that they hope to be able to approve such a plan.) The Alternative Permitting Procedure: The proposed alternative permitting procedure identified establishes the requirements under which applicants may receive a letter of approval authorizing fill in waters of the United States for General Permit projects. If the General Permit is approved, the District Engineer will suspend the application of all Nationwide Permits within the General Permit area, except for Nationwide Permit 3 (Maintenance), 4 (Fish & Wildlife Harvesting, Enhancement, and Attraction Devices and Activities), 5 (Scientific Measurement Devices), 6 ( Survey Activities), 8 (Oil ,& Gas Structure), 21 (Surface Mining Activities), 27 (Wetland Restoration Activities), 32 (Completed Enforcement Actions), 37 (Emergency Watershed Protection) [.7 and 38 (Cleanup of Hazardous and Toxic Waste) (33 CFR 330.2 et Seg). The process by which an applicant receives authorization to fill waters of the United States pursuant to the General Permit will be shortened and simplified. The Corps' review time would be reduced to twenty days. Substantive issues will have been satisfied at the time of General Permit approval since they have been agreed to in advance and identified in the Permit. Since the regulatory agencies have had substantial involvement in the development of the General Permit their participation in the subsequent authorization deliberations will be correspondingly less. Essentially, if an applicant complies with the project and its impacts as described in the Permit it can expect timely authorization to proceed. The Corps will consider the following issues to have been resolved if the General Permit is approved: 1) The banks of the rivers within the General Permit area have been mapped and are considered the areas of interest for the purpose of this General Permit. 2) Mitigation will be required for impacts within the areas of interest. The designation of mitigation sites and a proposed mitigation plan ensures no net loss of functions and values. 3) The public interest review will be considered complete. 4) Under 40 CFR 230, the alternatives analysis is divided into three steps: avoidance, minimization, and mitigation. In approving the General Permit, the Corps and the U. S. Environmental Protection Agency agree that all three portions of the alternatives analysis have been met (40 CFR 230.6(a)). That is, the General Permit has established development needs through the existing comprehensive plan; has established the degree to which these can be satisfied without discharging to waters of the United States; and has avoided impacts to wetlands to the extent practicable, taking into account the cost, logistics, and comprehensive plan. (40 CFR 230.10(a), 33 CFR 320.4 (7) (2)) . These issues will not be reopened when an applicant submits an Authorization Request Letter which is reviewed for compliance with the General Permit. Project Authorization and Administration A. Authorization Request Letter (ARL): Authorization to discharge fill or dredged material into waters of the United States within the General Permit area is initiated by the submittal of an ARL by the applicant to the Corps. 12 B. Review Procedure Application: The ARL shall include plans and specifications, approved CEQA documentation, mitigation information, Section 401, Section 7, and archaeological data as applicable. If complete and in compliance with the projects identified in the General Permit, the ARL will be approved within 20 days. Complete Submittal: An ARL will be returned to the applicant if it is not complete and/or in compliance. Once an ARL is reviewed and approved for conformance with the General Permit, the ARL will be signed by the Corps and returned to the applicant. Construction can begin upon receipt of the signed ARL. If the ARL is not returned within the 20 -day period, the applicant may move forward in accordance with the conditions and requirements of the General Permit. Life of General Permit: It is intended that the provisions of the General Permit remain in effect throughout the buildout period of the projects which is 15 to 20 years. Therefore, the General Permit with its alternative permitting procedure is expected to be renewed in its original form every 5 years. It shall not be modified without a public hearing. PRELIMINARY REVIEW OF SELECTED FACTORS EIS Determination - When the Notice of Intent to Prepare a Draft Programmatic Environmental Impact Statement (DPEIS) was published by the Corps in 1990, the Corps felt project impacts were potentially significant. Since that time the Applicant has revised their proposed project to 1) reduce impacts to a level that they believe meets the level required for a General Permit, i.e. minimal and 2) avoids the need for an EIS, i.e. potential impacts due to the Federal action are below the significant level. The Applicant has prepared a draft Environmental Assessment that they believe demonstrates that individual and cumulative impacts will be avoided, minimized, and mitigated below a level of significance thereby precluding the necessity of preparing an EIS as described under 33 CFR 230. Endangered Species: Preliminary determinations by the Applicant indicate that implementation of the proposed projects in the General Permit area may affect the following Federally listed and proposed endangered species (Unarmored threespine stickleback (UTS), least Bell's vireo, Red -legged frog, and the Willow flycatcher) or designated critical habitat. Threespine stickleback and Critical Habitat for least Bell's vireo are known to occur within the proposed General Permit area. The applicant has informally coordinated -with the U. S. Fish and Wildlife Service on these species. The Corps is responsible for initiating formal Section 7 consultation pursuant to the Endangered Species Act of 1973 for threatened and endangered species that may be affected by the project. As proposed by the Valencia Company, each applicant would be responsible for seeking additional Section 7 consultations that may be required for new species listed during the life of the General Permit. Cultural Resources: A records search of the archaeological archives was completed by Dr. Lewis Tartaglia on February 10, 1991. The records search disclosed potential historical sites within the General Permit area. Under the Applicant's proposal, for each specific project, an applicant would be required to comply with Section 106 of the National Historic Preservation Act. Each perspective permittee would be responsible for notifying the district engineer if the activity might affect any historic properties listed, determined to eligible, or which the prospective permittee had reason to believe might be eligible for listing on the National Register of Historic Places. Rater Ouality: Under the Applicant's proposal, a Master Section 401 will be "sought from the Regional Water Quality Control Board for the General Permit projects. Mitigation Proposed: Under the Applicant's proposal, each project would insure no net loss of waters of the United States. Applicants would be required to provide mitigation in advance to compensate for General Permit project impacts. Mitigation would either be in the form of added river bottom or an approved mitigation bank within the River. At this time Valencia Company is proposing to plant a 5 -acre mitigation bank immediately upon issuance of the General Permit to provide advance mitigation. Proposed Special Conditions: The Applicant's proposed special conditions can be found in the General Permit document and are also discussed in the Draft Environmental Assessment provided by the Applicant. Scoping Meeting - At this time the Corps is not planning to hold a scoping meeting, but requests for a Public Hearing will be considered if and when a Public Notice is issued in conformance with the General Permit process. A copy of the General Permit application including biota reports, and a draft Environmental Assessment provided to the Corp by the Applicant, may be reviewed at the following offices (see attached sheet for addresses, phone numbers and available hours): U. s. Army Corps of Engineers Los Angeles District; U. S Environmental Protection Agency, San Francisco Office; U.S. Fish 6 Wildlife Service Ventura and Carlsbad. Offices; California Department of Fish and Game Long Beach; The Valencia Company; The City of Santa Clarita; Los Angeles County Regional Planning; The Applicant's draft Environmental Assessment is also available on request from this office. (The General Permit application cannot be provided by the Corps due to color graphics and large foldout maps.) For additional information please call Cheryl Conel of my staff at (213) 894-0348 or (213) 894-5606. This Special Scoping Notice is issued by the Chief, Regulatory Branch. 0 'TO SAAERSFIELO\ VAI V." Caaok I I I PROJECT AREA S&SgN4 I �U \ 4iN5 LEGEND CITY OF SANTA CLARITA OENERAL PERMIT AREA ANGELES Canyon FOREST i I I r--- ANGELES NATIONAL FOREST I CITY OF SANTA CLARITA. I I IJ L S A% 1 I I rr-- ---.-� -I rl L, L� I �\TO LOS ANGELES NIO��NNS GABRIEL FIGURE i GENERAL PERMT PROJECT LOCATION AV EN LJ 1000 4000 FEET LEGEND GENERAL PERMIT IMPACTS GENERAL. PERMIT AREA PROPOSED LEVEE INVERT — EXISTING BANK aonnwrnnl s& A55OOq i W 11 BOUQUET CANYON ROAD TO ONE-HALF MILE UPSTREAM OF LOS ANGELES AQUEDUCT DATE 2-94 u a LEGEND 4ENERAL PERMIT IMPACTS GENERAL PERMIT AREA PROPOSED LEVEE INVERT — — — — EXISTING BANK 0 2000 1000 4000 FEET h►. .�.......► ® �orrinTenono�anvooveslm ewiwenmr mmmmm(3 slsl Nrwev� sine"0Na Q1CmW mx owaMs Szem I-5 FREEWAY TO BOUQUET CANYON ROAD r° DATE 2-94 FiGuAE J COPPERHILL DRIVE F U `\ O U \ W (r I co l f f P DECORO DRIVE NEWHALL RANCH ROAD 0 2000 ft;�ar' f s 1000 4000 FEET AVENUE SCOTT LEGEND GENERAL PERMIT IMPACTS. GENERAL PERMIT AREA _ PROPOSED LEVEE INVERT EXISTING BANK SAN FRA.% CISWITO CREEK GATE 2-94 ® %�• -N��— CONF'LL)ENCE WITH SANTA CLARA JWT MMS PW%NM AtM ft4LM WM RIVER TO VALENCIA COMPANY FIGURE sTs®A��o-,q �� � NpRT}{E�1 PROPERTY BOUNDARY �j NEWHALL AVE. WILEY CANYON ROAD NEWHALL AVE. PEDESTRIAN BRIDGE 1000 LEGEND GENERAL PERMIT IMPACTS GENERAL PERMIT AREA PROPOSED LEVEE INVERT - - - EXISTING BANK City Of Santa Clarita 23920 Valencia Blvd. Suite 300 City of Santa Clarita California 91355 April 6, 1994 Phone (805)259-2489 Fax (805)259-8125 Colonel R. L. Vanantwerp U.S. Army Corps of Engineers, Regulatory Branch 300 North Los Angeles Street Los Angeles, CA 90012 RE: PUBLIC NOTICE NO. 94 -504 -CC (GENERAL PERMIT FOR SANTA CLARA RIVER, APPLICANT: VALENCIA COMPANY), REQUEST FOR A TIME EXTENSION OF THE PUBLIC REVIEW PERIOD FROM APRIL 16, 1994, TO MAY 16, 1994, AND A REQUEST FOR A PUBLIC SCOPING MEETING WITHIN THAT TIME FRAME. Dear Colonel Vanantwerp: Thank you for the notice on the above project and the opportunity to review the Section 404 General Permit for the Valencia Company's proposed Santa Clara River Management Plan. We welcome the opportunity to work with the Corps and the applicant in this regard, and to be included in the consideration of this important, precedent -setting proposal. We especially wish to thank Ms. Cheryl Conel of your staff, who has taken time from her busy schedule to help us understand the Plan and the Corps' 404 Permit process. We are presently engaged In a mufti -disciplinary review of the 404 Permit documents furnished to us by the applicant, and while our review of the proposal is not complete, we are already appreciative and supportive of the applicant's efforts toward comprehensive planning as it pertains to the long-term development and preservation of the Santa Clara River. In many ways, the Valencia Company's Management Plan will help us all -- the Corps, the City, the Federal Wildlife Service, the California Department of Fish and Game, and many others -- to realize mutual goals and the ultimate potential of the Santa Clara River. We believe that, given time and understanding, this proposal will receive community and regional support, and become a model for other planning and riparian conservation efforts throughout the state. To allow this to occur, we would respectfully ask that the Corps grant the City and the community a thirty (30) day extension of the public comment period, from April 16, 1994, to May 16, 1994. We ask this for the following reasons: 1) The extension would allow the Corps to hold a local scoping meeting on the proposal, both to solicit information from the public, public agencies, and/or impacted landowners, and to answer any questions from the same. We believe this would be an excellent opportunity for the merits of the proposal to be presented so that a broad-based consensus on the Valencia Company's River Management Plan may be reached; April 6, 1994 Letter to Colonel R. L. Vanantwerp Public Notice No. 94.504 -CC Page 2 2) The extension would allow the public, the City, and other interested entities to complete a comprehensive and reasonable analysis of what is obviously an intricate and complex proposal with far-reaching potential for all the parties Involved. Given the many months invested in the Management Plan's formulation, as well as the funds expended by the applicant for Its development, we believe the proposal deserves this extra consideration; and 3) The extension would allow the Santa Clartta City Council the opportunity to recleve a formal presentation on the proposal (on either April 26th or May 10th), and to subsequently offer the applicant and the Corps the Council's Informed opinion on the concept. For several reasons, this will likely not occur without the Corps' assistance in extending the existing comment deadline to May 16th. Given the positive approach forwarded by the applicant towards compatible development and conservation of the Santa Clara River's many valuable resources, we believe a community scoping meeting would go a long way towards achieving recognition and support for the proposal, and would allow all parties to understand how their respective and mutual goals will be attained under its auspices. Thank you again for including the City in the review process for the Santa Clara River Management Plan/404 Permit. We would be happy to assist you and your staff in arranging a time, date, and venue for a scoping meeting in the Santa Clarita Valley, or in providing you with any Information you may request. Should you have questions or concerns regarding this letter, or if I may personally help you in any way, please call me at (805) 255-4345. Sincerely, Lynn M. Harris Deputy City Manager Community Development LMH:DMW:m(c cc: Thomas Dierckman, Senior Vice President - Newhall Land and Farm Jeff Kolin, Deputy City Manager - Public Works