State of California Natural Resources Agency Gavin Newsom, Governor
DEPARTMENT OF PARKS AND RECREATION
OFFICE OF HISTORIC PRESERVATION
Julianne Polanco, State Historic Preservation Officer
1725 23rd Street, Suite 100, Sacramento, CA 95816-7100
Telephone: (916) 445-7000 FAX: (916) 445-7053
[email protected] www.ohp.parks.ca.gov
Armando Quintero, Director
May 4, 2023 In reply refer to: COE_2022_1123_001
VIA ELECTRONIC MAIL
Jodi L. Clifford
Chief, Planning Division
U.S. Army Corps of Engineers, Los Angeles District
Regulatory Division
915 Wilshire Blvd., Suite 1109
Los Angeles, CA 90017-3409
RE: Section 106 consultation for the San Clemente Shoreline Protection Project, San Clemente, Orange County
Dear Jody Clifford,
The U.S. Army Corps of Engineers (COE) is continuing consultation with the State Historic Preservation Officer (SHPO) to comply with Section 106 of the National Historic Preservation Act of 1966 (as amended) and its implementing regulation at 36 CFR Part 800. By letter received on November 23, 2022, and April 13, 2023, the COE is seeking comments on their area of potential effects (APE), identification efforts, and finding of effect for the above- referenced undertaking.
The COE is proposing to perform dredging and beach renourishment located along the shoreline of San Clemente Beach, west of the Marine Safety Headquarters on the north end, to west of the T Street overpass at the south end in the City of San Clemente, Orange County. Proposed project activities include dredging material offshore of Oceanside, then hauling and depositing the materials offshore of San Clemente Beach via a 24-inch pipeline.
The COE requested a search of the Sacred Lands File from the Native American Heritage Commission (NAHC) for a nearby undertaking which covered the area of the current undertaking, returning positive results on September 19, 2022. The COE contacted Native American entities listed by the NAHC as having cultural ties to the project area on November 23, 2022. The COE states that the COE will provide the SHPO with a summary of all tribal comments and concerns received. In future undertakings, please provide a copy ATTACHMENT 9
Jodi Clifford OHP File No. COE_2022_1123_001
May 4, 2023
a copy of the COE’s tribal consultation letters. Should the COE use a form-letter for their tribal consultation, please only include a copy of one of the letters.
It is also recommended that in future undertakings the COE conduct follow-up emails and/or phone calls to potentially interested consulting parties to ensure a reasonable and good-faith effort has been made to allow for those parties to comment and consult on the Federal undertaking and provide documentation of those conducted efforts to the SHPO.
The COE submitted the following documents to support its determination of the area of potential effects (APE) for the undertaking, to provide evidence of its efforts to identify historic properties, and to support its finding of effect:
Joint Environmental Impact Statement/Environmental Impact Report, Volume I; San Clemente Shoreline Protection Project, San Clemente, California (Chambers Group 2011)
Historic Resources Survey Update, City of San Clemente, California (Historic Resources Group 2006)
Final Mitigated Negative Declaration, San Clemente Beach Replenishment Program (City of San Clemente 2002)
Maps of the Project Location and Areas of Potential Effects Results of Hydrographic Survey Using Multibeam Echo Sounder The COE describes the APE as the areas where dredging and placement of sand would occur, consisting of a 940-acre borrow area offshore of Oceanside Harbor and Camp Pendleton and a materials placement area. The vertical extent of the APE is described as up to 6-feet below sediment surface for dredging, the allowable depth of dredging in the offshore APE, although the COE states it is unlikely that the full depth will be excavated across the borrow site. The COE describes the vertical extent of the onshore APE as up to 2-feet below ground surface from the construction of L-shaped berms and deposition of sand on top of the existing beach sediment. The COE provided a map to display their APE.
Pursuant to 36 CFR 800.4(a)(1), I have no comments on the APE.
Efforts to identify historic properties include a review of a records search from 2002, review of a project from 1997 adjacent to the onshore APE, review of COE internal records, archival research, review of pedestrian survey from 2008, and Native American outreach.
The COE states that beginning in 2002, the onshore portion of the APE was subject to a beach replenishment program sponsored by the City of San Clemente that used materials imported from upland sources to mitigate beach erosion, and therefore much of the onshore APE is within imported materials and updated pedestrian survey was therefore not warranted. The COE states that much of the area where work will be performed onshore is located in the surf zone which is a dynamic environment where the sands are constantly moving, and intact archaeological deposits are unlikely to exist.
Jodi Clifford OHP File No. COE_2022_1123_001
May 4, 2023
Efforts to identify historic properties resulted in the identification of one cultural resource in the APE. This resource is described as the San Clemente Municipal Pier, constructed by William Ayer in 1928, and the city of San Clemente’s oldest pier. The resource was last recorded in 2006 by Historic Resources Group.
For the purposes of this undertaking only, the COE is proposing to assume the San Clemente Municipal Pier is eligible for inclusion in the National Register of Historic Places (NRHP) under criteria A and C. The COE states that based upon previous iterations of the dredging project and the nature of the undertaking, the project will not cause harm to the structure and will have no adverse effect on the pier’s historical integrity. For the purposes of this undertaking only and due to the nature of the proposed project activities, I do not object to this approach.
By letter received on November 23, 2022, the COE states that they have yet to conduct identification efforts for the offshore portions of the APE. A 2008 records search (Chambers Group, p. 4-66) identified a cluster of seven historic shipwrecks within or in the vicinity of the borrow area. The COE is proposing to conduct remote sensing surveys prior to the dredging, as described in the 2011 Chambers Group report (Mitigation Measures MM-CR-50-1 and MM-CR-50-2, pp. 5-64 through 5-65). If any submerged cultural resources are identified within the borrow area, the COE states they will ensure the resources shall be avoided by dredging activities. The COE states that while the proposed borrow area is approximately 940 acres, the geotechnical evaluation has identified a preferred area of 128 acres within this larger area which would allow for avoidance measures if necessary.
The COE has concluded that the undertaking would have no adverse effect on historic properties and has requested my review and comment on their finding of effect for the proposed undertaking. After reviewing your letter and supporting documentation, I do not object to a finding of no adverse effect for this undertaking pursuant to 36 CFR 800.5(c)(1).
If you require further information, please contact Aubrie Morlet at (916) 893-8270 or [email protected]
Sincerely,
Julianne Polanco
State Historic Preservation Officer