[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Notices]
[Page 7257-7260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe09-60]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Bureau of Reclamation
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[FWS-R8-2008-N0345; 1112-0000-80221-F2]
Bay Delta Conservation Plan for the Sacramento-San Joaquin Delta,
CA
AGENCIES: Fish and Wildlife Service, Interior; Bureau of Reclamation,
Interior; National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice of Intent (NOI) to prepare an Environmental Impact
Statement/Environmental Impact Report (EIS/EIR) and notice of public
scoping meetings.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of
1969, as amended, the Fish and Wildlife Service (FWS), the Bureau of
Reclamation (Reclamation), and the National Marine Fisheries Service
(NMFS) will serve as co-lead agencies in the preparation of a joint
EIS/EIR for the Bay Delta Conservation Plan (BDCP). The California
Department of Water Resources (DWR) will serve as the lead agency under
the California Environmental Quality Act (CEQA), which requires the
preparation of the EIR component of the EIS/EIR. FWS will serve as the
administrative lead for all actions related to this Federal Register
Notice (Notice). The Federal co-lead agencies have requested that the
U.S. Army Corps of Engineers (USACE) and the Environmental Protection
Agency (EPA) participate in the EIS/EIR as cooperating agencies for the
purposes of their regulatory programs. The Corps and EPA have indicated
that they will participate in such a role.
This Notice revises and updates the Notices of April 15, 2008 and
January 24, 2008. In these previous Notices the description of the
proposed action and possible alternatives were preliminary in nature
and relied upon initial BDCP planning documents which describe the
overall intent and direction of potential actions. Following
publication of these previous Notices, preliminary scoping comments
were submitted in writing and provided at preliminary scoping meetings.
Some of the scoping comments indicated that more detailed descriptions
of the proposed actions and alternatives are needed to allow specific
comments on the range of alternatives and issues and levels of detail
to be considered in the analyses of environmental consequences. Public
comments received during this scoping period plus the previous two
preliminary scoping periods will be considered during the preparation
of the EIS/EIR. Comments submitted in response to the previous notices
will be considered and do not need to be resubmitted.
The BDCP is a conservation plan being prepared to meet the
requirements of the federal Endangered Species Act (ESA), the
California Endangered Species Act (CESA), and the State of California's
Natural Communities Conservation Planning Act (NCCPA). DWR (and
potentially State and Federal water contractors) intends to apply for
ESA and CESA incidental take permits (ITP) for water operations and
management activities in the Sacramento-San Joaquin Delta. These
incidental take authorizations would allow the incidental take of
threatened and endangered species resulting from covered activities and
conservation measures that will be identified through the planning
process, including those associated with water operations of the
Federal Central Valley Project (CVP), as operated by Reclamation, the
California State Water Project (SWP), as operated by DWR, as well as
operations of certain Mirant Delta LLC (Mirant Delta) power plants.
Additionally, if feasible, the BDCP will be used as the basis for ESA
compliance by Reclamation, including compliance with Section 7 of ESA
in coordination with FWS and NMFS. Ultimately, the BDCP is intended to
secure authorizations that would allow projects that restore and
protect water supplies, water quality, and ecosystem health to proceed
within a stable regulatory framework.
DATES: Ten public scoping meetings, open house format, will be held at
various times and locations throughout California. See SUPPLEMENTARY
INFORMATION section for public scoping meeting dates.
Written comments on the scope of the BDCP or issues to be addressed
in the EIS/EIR must be received no later than May 14, 2009.
ADDRESSES: Send written comments to Lori Rinek, Sacramento Fish and
Wildlife Office, 2800 Cottage Way, W-2605, Sacramento, CA 95825, e-mail
to lori_rinek@fws.gov, or fax to (916) 414-6713. See SUPPLEMENTARY
INFORMATION section for public scoping meeting addresses.
FOR FURTHER INFORMATION CONTACT: Lori Rinek, FWS, 916-414-6600; Patti
Idlof, Reclamation, 916-978-5056; or Rosalie del Rosario, NMFS, 916-
930-3600.
SUPPLEMENTARY INFORMATION:
Public Scoping Meeting Dates
Public scoping meetings will be held on the following dates and
times:
Monday, March 9, 2009, 6 p.m. to 10 p.m., Chico, CA.
Tuesday, March 10, 2009, 6 p.m. to 10 p.m., San Jose, CA.
Wednesday, March 11, 2009, 6 p.m. to 10 p.m., Bakersfield,
CA.
Thursday, March 12, 2009, 1 p.m. to 4 p.m., Los Angeles,
CA.
Monday, March 16, 2009, 6 p.m. to 10 p.m., San Diego, CA.
Tuesday, March 17, 2009, 6 p.m. to 10 p.m., Merced, CA.
Wednesday, March 18, 2009, 6 p.m. to 10 p.m., Davis, CA.
Thursday, March 19, 2009, 1 p.m. to 4 p.m., Sacramento,
CA.
Monday, March 23, 2009, 6 p.m. to 10 p.m., Brentwood, CA.
Tuesday, March 24, 2009, 6 p.m. to 10 p.m., Stockton, CA.
Wednesday, March 25, 2009, 6 p.m. to 10 p.m., Fairfield,
CA.
Thursday, March 26, 2009, 6 p.m. to 10 p.m., Clarksburg,
CA.
Public Scoping Meeting Addresses
Public scoping meetings will be held at the following locations:
Chico--Masonic Family Center, 1110 West East Avenue,
Chico, CA 95926.
San Jose--San Jose Marriott, 301 South Market Street,
Blossom Hill and Almaden Rooms, San Jose, CA 95113.
Bakersfield--Bakersfield Marriott at the Convention
Center, 801 Truxtun Avenue, Salon A and Hammons Rooms, Bakersfield, CA
93301.
Los Angeles--Junipero Serra State Building, 320 West
Fourth, Los Angeles, CA 90013.
San Diego--Marina Village Conference Center, 1936 Quivera
Way, Captains Room and Room C8, San Diego, CA 92109.
Merced--Merced High School, 205 West Olive Avenue, Merced,
CA 95344.
Davis--Veterans Center, 203 East 14th Street, Davis, CA
95616.
[[Page 7258]]
Sacramento--Hyatt Regency, 1209 L Street, Sacramento, CA
95814.
Brentwood--Brentwood Community Multipurpose Room, 730
Third Street, Brentwood, CA 94513.
Stockton--Stockton Civic Memorial Auditorium, 525 North
Center Street, Stockton, CA 95202.
Fairfield--Hilton Garden Inn, 2200 Gateway Court, Willow
and Larkspur Rooms, Fairfield, CA 94533.
Clarksburg--Clarksburg Community Church, 52910 Netherlands
Avenue, Clarksburg, CA 95612.
Reasonable Accommodation
Persons needing reasonable accommodations in order to attend and
participate in the public meeting should contact Lori Rinek at (916)
414-6600 as soon as possible. In order to allow sufficient time to
process requests, please call no later than one week before the public
meeting. Information regarding this proposed action is available in
alternative formats upon request.
Background Information
The BDCP is being prepared through a collaboration of State,
Federal, and local water agencies, and Mirant Delta, an electric power
generating facility located in West Pittsburg, California in Contra
Costa County, under: (1) Section 10(a)(1)(B) of the ESA of 1973, as
amended, and (2) the NCCPA, California Fish and Game Code, Section 2800
et seq., or Fish and Game Code Section 2081 of CESA. The BDCP is
intended to provide (1) Reclamation the ability to obtain a Biological
Opinion and incidental take statements (ITS) pursuant to Section 7 of
ESA, and (2) the basis for the DWR (and potentially State and Federal
water contractors) to apply for ITPs pursuant to Section 10 of ESA and
California Fish and Game Code Section 2835 or 2081 for implementation
of the BDCP.
DWR and Reclamation, along with the Metropolitan Water District of
Southern California (MWD), the Kern County Water Agency (KCWA), the
Santa Clara Valley Water District (SCVWD), Alameda County Flood Control
and Water Conservation District, Zone 7 Water Agency (Zone 7), the San
Luis and Delta-Mendota Water Authority (SLDMWA), the Westlands Water
District (WWD), and Mirant Delta (known collectively as the
``Potentially Regulated Entities'' or PREs) are currently preparing the
BDCP for existing and proposed covered activities within the Statutory
Delta. Some elements of the BDCP will complement the actions identified
in the State of California's Delta Vision process, which was a process
convened by Governor Schwarzenegger to provide advice with respect to
how to improve environmental conditions in the Delta while rendering it
a more reliable source of water supply.
It is the goal of the PREs that the BDCP meets:
(1) The requirements of Section 10(a)(1)(B) of the ESA for the non-
federal PREs and result in the issuance of ITPs from the FWS and NMFS
to those PREs;
(2) The requirements of an ITP under the California fish and
wildlife protection laws, either pursuant to Section 2835 or Section
2081 of the Fish and Game Code, resulting in take authority under
either one of those statutes; and
(3) The requirements of the Section 7 consultation process under
the ESA, resulting in the issuance of Biological Opinions, and ITSs,
from the NMFS and FWS on specific activities of certain members of the
PREs.
Purpose and Need for Action
Background
This EIS is being developed for the following proposed actions and
federal regulatory agency responses:
(1) DWR, Reclamation, other PREs, and possibly other persons or
entities implementing the BDCP;
(2) DWR and possibly other PREs applying to the FWS for incidental
take permits pursuant to the ESA section 10(a)(1)(B); and
(3) DWR and possibly other PREs applying to the NMFS for incidental
take permits pursuant to the federal ESA section 10(a)(1)(B).
The proposed federal actions that are being evaluated in this EIS
are:
(1) FWS issuing an ESA Section 10(a)(1)(B) permit(s);
(2) NMFS issuing an ESA Section 10(a)(1)(B) permit(s); and
(3) Reclamation's implementation of one or more components of the
BDCP.
Reclamation, as a federal agency, obtains incidental take
authorization through consultation with FWS and NMFS under Section 7 of
the ESA. Reclamation will initiate Section 7 consultation with FWS and
NMFS for any BDCP components to be implemented by Reclamation.
Additionally, in a parallel yet separate process, Reclamation will be
required to reinitiate Section 7 consultation on the long-term
operation of the CVP, as coordinated with the SWP, to the extent that
such coordinated operations may be modified to effectively be
integrated with any operational or facility improvements that may occur
from implementation of the BDCP.
Purpose
The purposes of the proposed actions are to achieve the following:
Respond to the applications for incidental take permits for the
covered species that authorize take related to:
(1) The operation of existing SWP Delta facilities and construction
and operation of facilities for the movement of water entering the
Delta from the Sacramento Valley watershed to the existing SWP and CVP
pumping plants located in the southern Delta;
(2) The implementation of any conservation actions that have the
potential to result in take of species that are or may become listed
under the ESA, pursuant to the ESA at section 10(a)(1)(B) and its
implementing regulations and policies;
(3) The diversion and discharge of water by Mirant LLC for power
generation in the Western Delta.
Improve the ecosystem of the Delta by:
(1) Providing for the conservation and management of covered
species through actions within the BDCP Planning Area that will
contribute to the recovery of the species; and
(2) Protecting, restoring, and enhancing certain aquatic, riparian,
and associated terrestrial natural communities and ecosystems.
(3) Reducing the adverse effects to certain listed species of
diverting water by relocating the intakes of the SWP and CVP;
Restore and protect the ability of the SWP and CVP to deliver up to
full contract amounts, when hydrologic conditions result in the
availability of sufficient water, consistent with the requirements of
state and federal law and the terms and conditions of water delivery
contracts held by SWP contractors and certain members of SLDMWA.
Need
Water for a wide range of in-stream, riparian and other beneficial
uses, including drinking water for over 25 million Californians and
irrigation water for agricultural lands in the Delta and the San
Joaquin Valley, is currently routed through the Delta. While some
beneficial water users depend on the Delta for only a portion of their
water needs, others are highly or totally dependent on supplies from
the Delta. Conflicts have arisen and intensified among users of Delta
water as total volume of water used and competition for the finite
quantity of water available to be applied among those uses has
increased over time. Such conflicts are magnified in years with reduced
[[Page 7259]]
precipitation in the watershed of the Sacramento and San Joaquin
valleys.
Requirements have been established for the direction and magnitude
of water flows moving through the Delta, and the volume of water and
the timing requirements for its release associated with meeting the
habitat requirements for threatened and endangered fish species. There
exists a need to protect and recover these species. However, these
requirements alone are unlikely to recover the species and they have
also reduced the ability of the CVP and SWP to meet the quantity and
timing of water delivered from the Delta for beneficial consumptive
uses. Additionally, the levees in the Delta are at constant risk of
failure from a number of causes, including seismic activity and sea
level rise associated with global climate change. The ability to export
water from the Delta for beneficial use would be compromised should one
or more of these levees fail, resulting in an interruption of water
supply for both urban and agricultural uses, as well as cause severe
degradation of water quality in the Delta with potential adverse
impacts upon the aquatic ecosystem and the ability to apply water from
the Delta to beneficial use. Improvements to the conveyance system are
needed to respond to these increased demands upon and risks to water
supply reliability, water quality, and the aquatic ecosystem.
The EIS provides analysis for alternatives developed to address the
purpose and needs identified above.
Project Area
The planning area for the BDCP will consist of the aquatic and
terrestrial ecosystems and natural communities and, potentially, the
adjacent riparian and floodplain natural communities within the
Statutory Delta. The Statutory Delta includes parts of Yolo, Solano,
Contra Costa, San Joaquin, and Sacramento counties. However, it may be
necessary for the BDCP to include conservation actions outside of the
Statutory Delta that advance the goals and objectives of the BDCP
within the Delta, including as appropriate, conservation actions in the
Suisun Marsh, Suisun Bay, and areas upstream of the Delta. Any
conservation actions outside the Statutory Delta would be implemented
pursuant to cooperative agreements or similar mechanisms with local
agencies, interested non-governmental organizations, landowners, and
others. The EIS/EIR project area for which impacts are evaluated may be
different than the BDCP geographic scope.
Covered Activities
The BDCP covered activities may include, but are not limited to,
existing or new activities related to:
(1) Existing Delta conveyance elements and operations of the CVP
and SWP;
(2) New Delta conveyance facilities (including power line
alignments) and operations of the CVP and SWP generally described in
the BDCP November 2007 Points of Agreement (http://resources.ca.gov/
bdcp/);
(3) Operational activities, including emergency preparedness of the
CVP and SWP in the Delta;
(4) Operational activities in the Delta related to water transfers
involving water contractors or to serve environmental programs;
(5) Maintenance of the CVP, SWP, and other PREs' facilities in the
Delta;
(6) Facility improvements of the CVP and SWP within the Statutory
Delta (California Water Code Section 12220);
(7) Ongoing operation of and recurrent and future projects related
to other Delta water users, as defined by the BDCP Planning Agreement
(http://resources.ca.gov/bdcp/);
(8) Projects designed to improve Delta salinity conditions; and
(9) Conservation measures included in the BDCP, including, but not
limited to, fishery related habitat restoration projects, adaptive
management, and monitoring activities in the Delta.
Covered Species
Species proposed for coverage in the BDCP are species that are
currently listed as Federal or State threatened or endangered or have
the potential to become listed during the life of the BDCP and have
some likelihood to occur within the project area. The covered species
that are the initial focus of the BDCP include certain aquatic species
such as:
(1) Central Valley steelhead Oncorhynchus mykiss;
(2) Central Valley Chinook salmon Oncorhynchus tshawytscha (spring-
run and fall/late fall-runs);
(3) Sacramento River Chinook salmon Oncorhynchus tshawytscha
(winter-run);
(4) Delta smelt Hypomesus transpacificus;
(5) Green sturgeon Acipenser medirostris;
(6) White sturgeon Acipenser transmontanus;
(7) Splittail Pogonichthys macrolepidotus; and
(8) Longfin smelt Spirinchus thaleichthys.
Other species that will be considered for inclusion in the BDCP
include, but may not be limited to:
(1) Swainson's hawk Buteo swainsoni;
(3) Bank swallow Riparia riparia;
(4) Giant garter snake Thamnophis gigas; and
(5) Valley elderberry longhorn beetle Desmocerus californicus
dimorphus.
This list identifies the species that will be evaluated for
inclusion in the BDCP as proposed covered species; however, the list
may change as the planning process progresses. The participants
anticipate that species may be added or removed from the list once more
is learned about the nature of the covered activities and the impact of
covered activities on native species within the planning area.
Alternatives
The BDCP will likely consist of three major elements: (1) Actions
to improve ecological productivity and sustainability in the Delta; (2)
potential capital improvements to the water conveyance system, and; (3)
potential changes in Delta-wide operational parameters of the CVP and
SWP associated with improved water conveyance facilities.
Potential habitat restoration measures that could improve
ecological productivity and sustainability in the Delta may involve the
restoration of floodplain; freshwater intertidal marsh; brackish
intertidal marsh; channel margin, and riparian habitats. Floodplain
restoration opportunities exist in the North Delta/Yolo Bypass and
upper San Joaquin River areas; intertidal marsh restoration
opportunities exist throughout the Delta and in Suisun Marsh. Channel
margin habitat restoration opportunities exist for improving habitat
corridors and as a component of floodplain restoration. Riparian
habitat restoration opportunities exist as a component of floodplain,
freshwater intertidal marsh, and channel margin habitat restoration.
Three general alternatives are being considered as they relate to
the potential changes in the water conveyance system and CVP/SWP
operations. These include: (1) A through-Delta alternative; (2) a dual
conveyance alternative; and (3) an isolated facility alternative. In
addition, the implications of taking no action, the No Action
alternative, will be considered in the analysis. The dual conveyance
alternative may include potential new points of diversion at various
locations in the North Delta, facilities to move water from new points
of diversion to the existing SWP and CVP pumping facilities in the
South Delta, and continued use of the existing
[[Page 7260]]
diversions in the South Delta. The fully isolated facility alternative
would include potential new points of diversion at various locations in
the North Delta and facilities to move water from new points of
diversion to the existing SWP and CVP pumping facilities in the South
Delta. The improved through-Delta alternative could include new
temporary or permanent barriers to modify existing hydraulics or fish
movement within the Delta, armoring of levees along Delta waterways to
ensure continued conveyance capacity, and/or actions to improve
conveyance capacity in existing Delta waterways.
New points of diversion could be located along the Sacramento River
between South Sacramento and Walnut Grove. The new conveyance facility
could extend from the new points of diversion to the existing SWP and
CVP pumping facilities in the South Delta and be located either to the
west or east of the Sacramento River. Potential CVP/SWP operations
changes include the seasonal, daily, and real time amounts, rates, and
timing of water diverted through and/or around the Delta. Potential
corresponding changes to water exports could also be developed.
Other actions to reduce threats to listed fish that may be
evaluated for implementation by the BDCP include measures to minimize
other stressors. These other stressors may include: (1) Non-native
invasive species; (2) toxic contaminants; (3) other water quality
issues; (4) hatcheries; (5) harvest; (6) non-project diversions; and
(7) commercial/recreational activities. Implementation of potential
habitat restoration activities and measures to minimize other stressors
will be evaluated throughout the Delta, and possibly upstream and
downstream of the Delta, as appropriate to meet the objectives of the
plan.
Preliminary locations, alignments, and capacities of new conveyance
facilities, as well as habitat restoration activities and actions to
address other stresses, to be evaluated in the EIS/EIR will be informed
by the scoping process. In addition to the alternatives described
above, other reasonable alternatives identified through the scoping
process will be considered for potential inclusion in the alternatives
analysis.
Statutory Authority
NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies
conduct an environmental analysis of their proposed actions to
determine if the actions may significantly affect the human
environment. Under NEPA and its implementing regulations (40 CFR part
1500 et seq.; NOAA Administrative Order 216-6) (43 CFR Part 46), a
reasonable range of alternatives to the proposed action are to be
developed and considered in an EIS/EIR prepared by the FWS and NMFS.
Alternatives considered for analysis in an EIS/EIR may include
variations in the scope or types of covered activities; variations in
the location, amount, and types of conservation measures and the timing
of project activities; variations in permit duration; or a combination
of these or other elements. In addition, as required by NEPA, the EIS
will identify significant direct, indirect, and cumulative effects, and
possible mitigation for those significant effects, on biological
resources, land use, air quality, water quality, water resources,
socioeconomics, environmental justice, cultural resources, and other
environmental issues that could occur with the implementation of the
proposed action and alternatives.
Request for Comments
The purpose of this notice is to advise other Federal and State
agencies, affected Tribes, and the public of our intention to continue
to gather information to support the preparation of an EIS/EIR, to
obtain suggestions and information from other agencies and the public
on the scope of alternatives and issues to be addressed in the EIS/EIR,
and to identify important issues raised by the public related to the
development and implementation of the BDCP. Written comments from
interested parties are invited to ensure that the full range of
alternatives and issues related to the development of the BDCP is
identified. Comments during this stage of the scoping process will only
be accepted in written form. You may submit written comments by mail,
facsimile transmission, or in person (see ADDRESSES). All comments
received, including names and addresses, will become part of the
official administrative record and may be made available to the public.
Comments and participation in the scoping process are encouraged.
Before including your name, address, phone number, e-mail address,
or other personal identifying information in your comment, you should
be aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Ken McDermond,
Deputy Regional Director, Pacific Southwest Region, U.S. Fish and
Wildlife Service, Sacramento, CA.
Mike Chotkowski,
Acting Regional Environmental Officer, Mid-Pacific Region, Bureau of
Reclamation.
Russ Strach,
Assistant Regional Administrator, Protected Resources, Southwest
Region, National Marine Fisheries Service.
[FR Doc. E9-3103 Filed 2-12-09; 8:45 am]
BILLING CODE 4310-55-P