[Federal Register: April 15, 2008 (Volume 73, Number 73)]
[Notices]
[Page 20326-20329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap08-122]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Marine Fisheries Service; Bay Delta Conservation Plan
for the Sacramento-San Joaquin Delta, California
AGENCIES: Bureau of Reclamation, Interior; Fish and Wildlife Service,
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 Bureau of Reclamation (Reclamation), the Fish and
Wildlife Service (FWS), and the National Marine Fisheries Service
(NMFS) intend to 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).
Reclamation will serve as the administrative lead for all actions
related to this Federal Register Notice.
The BDCP is a conservation plan being prepared to meet the
requirements of the Federal Endangered Species Act (FESA), the
California Endangered Species Act (CESA), and the State of California's
Natural Communities Conservation Planning Act (NCCPA). DWR and State
and Federal water contractors intend to apply for FESA 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, the BDCP
will, if feasible, be used as the basis for FESA compliance by
Reclamation, including compliance with Section 7 of FESA in
coordination with FWS and NMFS. Ultimately, the BDCP is intended to
secure authorizations that would allow projects that restore and
protect water supply and reliability, water quality, and ecosystem
health to proceed within a stable regulatory framework.
On January 24, 2008, FWS and NMFS issued a NOI to conduct public
scoping and prepare an EIR/EIS regarding the BDCP for the Sacramento-
San Joaquin Delta, California (73 FR 4178). As the BDCP effort has
progressed, Reclamation has determined it has a substantive interest in
the development and ultimate implementation of the BDCP. Specifically,
Reclamation seeks to improve water supply reliability for its Federal
water contractors, while meeting its FESA obligations. Environmental
constraints, including measures to protect endangered species in the
Sacramento-San Joaquin Delta, impair that water supply reliability. The
BDCP will recommend actions and conservation measures for
implementation to improve both environmental conditions in the Delta
and water supply reliability. Reclamation expects the recommended
actions and conservation measures to include activities that are within
Reclamation's responsibilities. The NOI is, therefore, being reissued
to include Reclamation as a co-lead agency, update the status of the
BDCP planning process, correct an error in the January 24, 2008, NOI,
and to provide notice of scoping meetings. As the Federal lead agencies
continue to refine the purpose and need for the project, additional
public notices regarding scoping will be issued and additional scoping
meetings will be held.
DATES: Ten public scoping meetings 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 30, 2008.
The scoping period on the initial Notice of Intent published
jointly by FWS and NMFS on January 24, 2008 (73 FR 4178), is scheduled
to close on March 24, 2008. Comments submitted under that NOI need not
be resubmitted, as all comments will be consolidated and incorporated
under this NOI for review and response by the co-lead agencies (i.e.,
Reclamation, FWS, and NMFS).
ADDRESSES: Send written comments to Patti Idlof, Bureau of Reclamation,
2800 Cottage Way, MP-150, Sacramento, CA 95825, e-mail to
pidlof@mp.usbr.gov, or fax to (916) 978-5055.
See SUPPLEMENTARY INFORMATION section for public scoping meeting
addresses.
FOR FURTHER INFORMATION CONTACT: Patti Idlof, Natural Resource
Specialist, Reclamation, at the above address or 916-978-5056; Lori
Rinek, FWS, 916-414-6600; 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, April 28, 2008, 10 a.m. to 2 p.m., Sacramento, CA.
Tuesday, April 29, 2008, 5 p.m. to 9 p.m., Chico, CA.
Wednesday, April 30, 2008, 6 p.m. to 10 p.m., Clarksburg,
CA.
Monday, May 5, 2008, 6 p.m. to 10 p.m., Stockton, CA.
Tuesday, May 6, 2008, 6 p.m. to 10 p.m., San Jose, CA.
Wednesday, May 7, 2008, 6 p.m. to 10 p.m., Los Banos, CA
Thursday, May 8, 2008, 1 p.m. to 4 p.m., Los Angeles, CA
Monday, May 12, 2008, 6 p.m. to 10 p.m., San Diego, CA
Tuesday, May 13, 2008, 6 p.m. to 10 p.m., Fresno, CA
Wednesday, May 14, 2008, 6 p.m. to 10 p.m., Bakersfield,
CA
Public Scoping Meeting Addresses
Public scoping meetings will be held at the following locations:
Sacramento--California Resources Building Auditorium, 1416
Ninth Street, Sacramento, CA 95816.
Chico--Chico Masonic Family Center, 1110 West East Avenue,
Chico, CA 95926.
Clarksburg--Clarksburg Middle School, 52870 Netherlands,
Clarksburg, CA 95612.
Stockton--San Joaquin Farm Bureau, 3290 North AdArt Road,
Stockton, CA 95215.
San Jose--Santa Clara Valley Water District, 5700 Almaden
Expressway, San Jose, CA 95118.
Los Banos--City of Los Banos, Public Services Department
Main Office
Senior Center--Miller & Lux Building, 830 6th Street, Los Banos, CA
93635.
Los Angeles--Junipero Serra State Office Building, 320
West Fourth, Carmel Room 225, Los Angeles, CA 90013.
[[Page 20327]]
San Diego--Marina Village Conference Center, 1936 Quivira
Way, Starboard Room, San Diego, CA 92109.
Fresno--Four Points-Fresno, 3737 North Blackstone, Fresno,
CA 93726.
Bakersfield--Board of Supervisors Chambers, 1115 Truxtun
Avenue, First Floor, Bakersfield, CA 93301.
Modification to January 24, 2008, NOI published by FWS and NMFS
The NOI dated January 24, 2008 (73FR4178) erroneously identified
Contra Costa Water District (CCWD) as a Potentially Regulated Entity
(PRE). CCWD is a participant in the process, but has not yet and may
not become a PRE.
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 FESA 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
FESA and (2) the basis for the DWR and State and Federal water
contractors to apply for ITPs pursuant to Section 10 of FESA 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 of the elements of the BDCP will complement the actions identified
in the State of California's Delta Vision process.
It is the goal of the PREs that the BDCP follow the processes that
meet:
1. The requirements of Section 10(a)(1)(B) of the FESA 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, resulting in take authority under the Fish and Game Code; and
3. The requirements of the Section 7 consultation process under the
FESA, resulting in the issuance of Biological Opinions, and ITSs, from
the NMFS and FWS on specific activities of certain members of the PREs.
The planning efforts for the BDCP are in the preliminary stages.
However, the collective goals of the PREs will help form the purpose
and need statement for the project as required by NEPA and the project
objective as required by CEQA. Formal preparation of a draft EIS/EIR
will commence when the planning efforts progress further in the coming
months. The BDCP is being prepared with the cooperation of the FWS,
NMFS, California Resources Agency, California Department of Fish and
Game (CDFG), the PREs, and various stakeholders, including The Nature
Conservancy, Environmental Defense, Defenders of Wildlife, the
California Farm Bureau, the Natural Heritage Institute, American
Rivers, Contra Costa Water District, and The Bay Institute. These
organizations are members of the Steering Committee, which is helping
to guide preparation of the BDCP. The regulatory agencies, FWS, NMFS,
and CDFG are participating in the Steering Committee to provide
technical input and guidance in support of the Steering Committee's
efforts to complete the BDCP. Other applicants, co-applicants, or
beneficiaries of an ITP, referred to as PREs, may be identified during
the planning process.
The participants are undertaking these planning efforts pursuant
to: (1) The Planning Agreement that was signed October, 2006, and
amended April, 2007, to guide development of the BDCP and (2) the
``Points of Agreement for Continuing into the Planning Process'' dated
November 16, 2007 (see Resources Agency Web site, http://
resources.ca.gov/bdcp/ for these agreements). The Points of Agreement
document provides a summary of the BDCP planning process to date, along
with future direction and procedures. The website provides access to
documentation of the planning process, and a schedule of past and
future planning activities.
BDCP Description
The BDCP will have several core purposes: Habitat restoration and
enhancement to increase the quality and quantity of habitat in the
Delta; other conservation actions to help address a number of stressors
on covered species; conveyance facilities to enhance operational
flexibility and water supply reliability while providing greater
opportunities for habitat improvements and fishery conservation; water
operations and management actions to achieve conservation and water
supply goals; and a comprehensive monitoring, assessment, and adaptive
management program guided by independent scientific input. Additional
core purposes of the BDCP are to provide for the conservation of
covered species within the planning area; to protect and restore
certain aquatic, riparian, and associated terrestrial natural
communities that support these covered species; and to provide for and
restore water quality, water supplies, and ecosystem health within a
stable regulatory framework. The EIS/EIR will evaluate the effects of
implementing the BDCP, conveyance alternatives, and power line
alignments, other nonstructural alternatives, and describe the permits
necessary for BDCP implementation.
The BDCP will likely consist of several major elements, including
new capital improvements to the water supply conveyance system, a
restoration program for important habitats within and adjacent to the
Delta in order to improve the ecological productivity and
sustainability of the Delta, and monitoring and adaptive management for
the restoration program. The plan will also likely include operational
improvements for the water supply system in the near-term and for the
long-term once any capital improvements have been completed and are
operational.
Covered Activities
The BDCP covered activities may include, but are not limited to,
existing or new activities related to:
Existing Delta conveyance elements and operations of the
CVP and SWP;
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;
Operational activities, including emergency preparedness
of the CVP and SWP in the Delta;
Operational activities in the Delta related to water
transfers involving water contractors or to serve environmental
programs;
Maintenance of the CVP, SWP, and other PREs' facilities in
the Delta;
Facility improvements of the CVP and SWP within the
Statutory Delta (California Water Code Section 12220);
Ongoing operation of and recurrent and future projects
related to other Delta
[[Page 20328]]
water users, as defined by the Planning Agreement;
Projects designed to improve Delta salinity conditions;
and
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
The covered species that are the initial focus of the BDCP include
certain aquatic species such as:
Central Valley steelhead Oncorhynchus mykiss;
Central Valley Chinook salmon Oncorhynchus tshawytscha
(spring-run and fall/late fall-runs);
Sacramento River Chinook salmon Oncorhynchus tshawytscha
(winter-run);
Delta smelt Hypomesus transpacificus;
Green sturgeon Acipenser medirostris;
White sturgeon Acipenser transmontanus;
Splittail Pogonichthys macrolepidotus; and
Longfin smelt Spirinchus thaleichthys.
Other species that will be considered for inclusion in the BDCP
include, but may not be limited to:
Swainson's hawk Buteo swainsoni;
Bank swallow Riparia riparia;
Giant garter snake Thamnophis gigas; and
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.
BDCP Planning Goals
The BDCP will include goals and objectives related to the
management of covered activities and the protection of covered species
and their habitats. As described in the Planning Agreement, the
planning goals include:
1. Provide for the conservation and management of covered species
within the planning area;
2. Preserve, restore, and enhance aquatic, riparian, and associated
terrestrial natural communities and ecosystems that support covered
species within the planning area through conservation partnerships;
3. Allow for projects that restore and protect water supply
reliability, water quality, ecosystem, and ecosystem health to proceed
within a stable regulatory framework;
4. Provide a means to implement covered activities in a manner that
complies with applicable State and federal fish and wildlife protection
laws, including the NCCPA or CESA, FESA, and other environmental laws,
including CEQA and NEPA;
5. Provide a basis for permits necessary to lawfully take covered
species;
6. Provide a comprehensive means to coordinate and standardize
mitigation and compensation requirements for covered activities within
the planning area;
7. Provide a less costly, more efficient project review process
which results in greater conservation values than project-by-project,
species-by-species review, and;
8. Provide clear expectations and regulatory assurances regarding
covered activities occurring within the planning area.
Project Area
The planning area for the BDCP will consist of the aquatic
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.
Basis for Preliminary Alternatives
As part of the BDCP process, the Steering Committee evaluated
potential options to address water supply reliability, water quality,
and ecosystem health in the Delta. Initial options included various
combinations of water conveyance facilities and habitat restoration
actions. As a result of this evaluation, the Steering Committee
developed the Points of Agreement document that provides an overall
framework for moving forward with development of the BDCP. Previous
evaluations and potential improvements to the water conveyance system
and strategies for in-Delta habitat restoration and enhancement
outlined in the Points of Agreement document will be used for the basis
of alternative development, but will not preclude or limit the range of
alternatives to be analyzed under NEPA.
Statutory Authority
Reclamation, as administrative lead for this Federal Register
action, provides this notice in accordance with NEPA regulations found
in 40 CFR 1501.7.
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 1500
et seq.; NOAA Administrative Order 216-6), 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
[[Page 20329]]
accepted in written form. All comments received, including names and
addresses, will become part of the official administrative record and
may be made available to the public. A similar notice is being
published by DWR in accordance with CEQA requirements. Comments and
participation in the scoping process are encouraged.
Special Assistance for Public Scoping Meetings
If special assistance is required at the public meetings, please
contact Ms. Patti Idlof at 916-978-5056, TDD 916-978-5608, or via e-
mail at pidlof@mp.usbr.gov. Please notify Ms. Idlof as far in advance
as possible to enable Reclamation to secure the needed services. If a
request cannot be honored, the requestor will be notified. A telephone
device for the hearing impaired (TDD) is available at 916-978-5608.
Public Disclosure
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.
Dated: April 4, 2008.
Susan M. Fry,
Regional Environmental Officer, Mid-Pacific Region, Bureau of
Reclamation.
Dated: April 4, 2008.
Ken McDermond,
Deputy Regional Director, U.S. Fish and Wildlife Service, Region 8,
Sacramento, CA.
Dated: April 4, 2008.
Russell M. Strach,
Assistant Regional Administrator, Southwest Region, National Marine
Fisheries Service.
[FR Doc. E8-8010 Filed 4-14-08; 8:45 am]
BILLING CODE 4310-MN-P