[Federal Register: June 10, 2005 (Volume 70, Number 111)]
[Notices]
[Page 33885-33886]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn05-34]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Intent To Prepare a Draft Environmental Impact Statement for the
Proposed River Islands Project, in San Joaquin County, CA
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice of intent.
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SUMMARY: The U.S. Army Corps of Engineers, Sacramento District (Corps),
will prepare a Draft Environmental Impact Statement (DEIS) for Corps
authorization actions for the proposed River Islands project. The
overall project purpose is to construct a large-scale, mixed-use
project consisting of residential development, a commercial complex,
and which may include open space and recreational amenities, located in
San Joaquin County or the south delta area. The DEIS will address
impacts such as major changes in the operation and maintenance of a
Federal flood control project, navigation, hydrology, water quality,
wetlands, endangered species, agricultural resources, transportation,
cultural resources, and air quality.
DATES: The projected date for public release of the DEIS is November,
2006. Two public scoping meetings will be held on June 29, 2005, to
receive comments on the proposed contents of the DEIS. One meeting will
be held during business hours at 1:30 p.m. and the second will be held
in the evening at 7 p.m. to accommodate the schedules of participants.
ADDRESSES: The scoping meetings will be held at the Lathrop Community
Room, 15453 7th Street, Lathrop, CA 95330. Written comments may be
mailed to Ms. Patti Johnson at, 1325 J Street, Room 1480, Sacramento,
CA 95814-2922. All comments must be received on or before July 29,
2005.
FOR FURTHER INFORMATION CONTACT: Questions about the proposed action
and the DEIS can be answered by Ms. Patti Johnson, telephone (916) 557-
6611, or e-mail at patti.P.Johnson@usace.army.mil. Please refer to
Identification Number 199500412.
SUPPLEMENTARY INFORMATION: River Islands, LLC, (applicant) has applied
for Corps authorization under section 404 of the Clean Water Act. The
applicant is also requesting the State of California Reclamation Board
to seek permission from the Corps Chief of Engineers under 33 U.S.C.
408 to permanently alter federal flood control project levees. The
project as proposed would also require Corps authorization under
Section 10 of the Rivers and Harbors Act. The project may also require
other Federal, State or local authorizations, including bridge
permit(s) from the U.S. Coast Guard under Section 9 of the Rivers and
Harbors Act.
The proposed project site currently includes agricultural land,
forested riparian habitat, and rip-rapped flood control levees. It is
in the area known as West Lathrop, which was annexed to the City of
Lathrop in 1997. Stewart Tract is an island in the Sacramento-San
Joaquin River Delta bounded by the San Joaquin River on the north and
east, Old River on the west, and Paradise Cut on the south. Union
Pacific Railroad (UPRR) tracks are located along the eastern boundary
of the largest portion of the project site. Paradise Cut is used for
irrigation and as a flood control bypass channel carrying flood waters
from the San Joaquin River to Old River. The area adjacent to the
project site is largely agricultural. However, the
[[Page 33886]]
Mossdale portion of West Lathrop immediately north of the project is
currently undergoing urban development. Developed portions of the City
of Lathrop are east of Interstate Highway 5 and the proposed project
site.
The proposed project area covers approximately 4,905 acres of
Stewart Tract, which flooded in 1997, and surrounding waterways. The
project would include work in the San Joaquin River, Old River,
Paradise Cut, an unnamed drainage channel, pond and adjacent wetlands
on Stewart Tract, for the purpose of rebuilding and strengthening
existing levees, constructing a series of setback levees, and
constructing residential and commercial development, including
recreation facilities, back bays and an interior lake. Excavation and
expansion of Paradise Cut would be undertaken to increase its storage
and flow capacity. Levees along Old River and the San Joaquin River
would be reconfigured and strengthened by the addition of soil on the
landward side of the levees to create high-ground corridors along the
river edges. A new cross-levee would be build immediately west of, and
paralleling, the existing UPRR right-of-way. The applicant asserts
levee work along the San Joaquin River and Old River afford the
opportunity for back bays which would create limited flood control
storage, habitat for various Delta fisheries and sites for recreational
facilities, including marinas.
Under the applicant's proposed alternative, approximately 11,000
homes, five million square feet of commercial and retail space and a
variety of other community facilities and associated infrastructure
would be constructed. The mixed-use development would cover
approximately 4,115 acres and include a town center district, an
employment center, public service facilities, retail and commercial
uses, residential neighborhoods, lakes and water features, schools,
parks and trails, golf courses, open space and habitat areas. Two
bridge crossings over the San Joaquin River and two bridge crossings
over Paradise Cut would be constructed to provide access to and from
the developed areas. Water-oriented recreational facilities would
include boat docks, ramps and piers. Docks sufficient to provide 921
total berths would be constructed. The applicant also proposes to
create approximately 280 acres of open water habitat and 35 acres of
wetlands in the central lake.
A Subsequent Environmental Impact Report (EIR) for the River
Islands at Lathrop Project was certified by the City of Lathrop in
January, 2003. A General Plan Amendment, West Lathrop Specific Plan
amendment, rezoning and an Urban Design Concept have also been approved
by the City.
A delineation which identifies approximately 379 acres of waters of
the United States, including 41.18 acres of emergent wetlands, 55.23
acres of scrub/shrub wetlands, 60.92 acres of forested wetlands, 2.77
acres of pond, and 218.51 acres of riverine/channel aquatic habitat,
within the approximately 5,546-acre area surveyed for the project site,
was verified by the Corps on January 30, 2004. The applicant asserts
that approximately 32-acres of waters, including wetlands, would be
lost to project construction under their preferred alternative. The
proposed project would also directly and indirectly impact other
waters, including wetlands, in and around the project.
The applicant's proposed conceptual mitigation for the project's
impacts to waters consists of creation of approximately 140 acres of
new waters in Paradise Cut and approximately 85 acres of new waters in
the proposed back bays. These would include approximately 46 acres of
emergent wetland and shallow water habitat (less than 10-feet deep) for
various fish species and restoration of approximately 10 acres of
wetlands at the Paradise Weir bench.
The proposed project may affect federally-listed endangered or
threatened species or their critical habitat including delta smelt,
steelhead, spring-run chinook salmon, winter-run chinook salmon, giant
garter snake, riparian brush rabbit, and valley elderberry longhorn
beetle. Other special status species may occur in the project area. The
proposed project may adversely affect Essential Fish Habitat (EFH) as
defined in the Magnuson-Stevens Fishery Conservation and Management
Act. Once a biological assessment has been completed, the Corps will
initiate formal consultation with the U.S. Fish and Wildlife Service
and NOAA Fisheries, under Section 7 of the Endangered Species Act, for
federally-listed threatened or endangered species and for EFH that
would be affected by the project. The Corps will also consult with the
State Historic Preservation Officer under Section 106 of the National
Historic Preservation Act for properties listed or potentially eligible
for listing on the National Register of Historic Places, as
appropriate.
A number of on-site and off-site project alternatives, including
the no-action alternative, will be evaluated in the DEIS in accordance
with NEPA and the Section 404(b)(1) guidelines.
Potentially significant issues to be analyzed in depth in the DEIS
include, but are not limited to, wetlands and terrestrial biology,
cultural resources, water quality, hydrology and flood protection,
floodplain management, navigation, agricultural resources,
transportation and traffic and air quality.
The above determinations are based on information provided by the
applicant and upon the Corps' preliminary review. The Corps is
soliciting verbal and written comments from the public, Federal, State
and local agencies and officials, Indian tribes, and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. The Corps' public involvement program includes several
opportunities to provide oral and written comments. Affected Federal,
State, local agencies, Indian tribes, and other interested private
organizations and the general public are invited to participate.
Dated: May 31, 2005.
Ronald N. Light,
Colonel, Corps of Engineers, District Engineer.
[FR Doc. 05-11499 Filed 6-9-05; 8:45 am]