[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Notices]
[Pages 35770-35773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15176]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
Notice of Intent To Prepare a Draft Environmental Impact
Statement/Environment Impact Report (DEIS/DEIR) for a Permit
Application for the Proposed Salton Sea Species Conservation Habitat
Project at the Salton Sea, in Riverside and Imperial Counties, CA
AGENCY: U.S. Army Corps of Engineers, Los Angeles District, DoD.
ACTION: Notice of Intent (NOI).
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SUMMARY: The U.S. Army Corps of Engineers (Corps), in conjunction with
the California Natural Resources Agency, is preparing an EIS/EIR for
the Salton Sea Species Conservation Habitat (SCH) Project. The Corps is
considering the Natural Resources Agency's application for a Department
of the Army permit under section 404 of the Clean Water Act to
construct habitat configured in a series of interconnected shallow
ponds within the current footprint of the Salton Sea. Preliminary
evaluations of potential siting areas indicate that ponds could be
constructed at either the north or south ends of the Salton Sea, or in
both areas. The SCH Project would be created as the Sea recedes by
constructing dikes below the elevation of -228 feet mean sea level
(msl) using material excavated from the sea bed. Rivers, which have
better water quality than agricultural drain water, would provide the
source of water for the ponds. The Project size at total build-out is
currently expected to be approximately 2,400 acres, which may be
constructed over a period of several years depending on land
availability and cost. The final project size may vary depending on the
outcome of the alternatives development process. Habitat ponds would
vary in size, with several ponds constructed in each phase depending on
land availability. Habitat would continue to be constructed in phases
in subsequent years as the Sea recedes until the targeted acreage of
habitat was constructed. The habitat would be designed with varying
ranges of salinity in order to maximize biological productivity and
minimize adverse effects associated with water quality. It is
anticipated that the SCH Project would begin construction in late 2011
or early 2012.
The primary Federal involvement is the potential issuance of a
permit under section 404 of the Clean Water Act, which regulates the
discharge of dredged, excavated, or fill material in wetlands, streams,
rivers, and other U.S. waters, as well as the evaluation of potential
impacts on the human environment from such activities. Therefore, in
accordance with the National Environmental Policy Act (NEPA), the Corps
is requiring the preparation of an EIS prior to consideration of any
permit action. The action must comply with the Section 404(b)(1)
Guidelines (40 CFR part 230) and not be contrary to the public interest
to be granted a Corps permit. The Corps may ultimately make a
determination to permit or deny the above project or permit or deny
modified versions of the above project.
Pursuant to the California Environmental Quality Act (CEQA), the
Natural Resources Agency will be the Lead Agency for the preparation of
an EIR and will use the EIR when considering whether to approve the
project. The California Department of Fish and Game (DFG) will act on
behalf of the Natural Resources Agency to prepare the EIR and may issue
incidental take authorization under section 2081 of the California
Endangered Species Act and a Streambed Alteration Agreement under
section 1602 of the California Fish and Game Code. The Corps and the
Natural Resources Agency have agreed to jointly prepare the EIS/EIR to
optimize efficiency and avoid duplication. The EIS/EIR is intended to
be sufficient in
[[Page 35771]]
scope to address the Federal, State, and local requirements for
environmental analysis and permitting.
FOR FURTHER INFORMATION CONTACT: Comments and questions regarding
scoping of the DEIS/DEIR may be addressed to: Ms. Lanika Cervantes,
U.S. Army Corps of Engineers, Los Angeles District, Regulatory
Division, San Diego Field Office, ATTN: CESPL-RG-RS-2010-00142-LLC,
6010 Hidden Valley Road, Suite 105, Carlsbad, CA 92011, or
[email protected]. Comments and questions can also be
sent to Ms. Kimberly Nicol, California Department of Fish and Game
Project Manager, at 78078 Country Club Drive, Suite 109, Bermuda Dunes,
CA 92203, or at [email protected]. Ms. Lanika Cervantes, Corps Project
Manager, can be reached at (760) 602-4838, and Ms. Nicol can be reached
at (760) 200-9178. Comment letters sent via electronic mail should
include the commenter's physical mailing address, and the project title
``Species Conservation Habitat Project'' should be included in the
electronic mail's subject line.
SUPPLEMENTARY INFORMATION:
1. Project Site and Background Information: The Salton Sea is
located in both Imperial and Riverside counties in southeastern
California, approximately 35 miles north of the U.S. Mexico border and
50 miles west of the Colorado River. Preliminary evaluations of
potential sites indicate that SCH ponds could be constructed at either
the north end of the Salton Sea near the Whitewater River, or the south
end of the Salton Sea near the New and Alamo rivers, or in both areas.
As the Sea recedes and becomes more saline, fish species will not
be able to survive. Simultaneously, the fish-eating birds, including
several species of special concern, will lose their forage base and
begin to disappear. As the Sea continues to become more saline, current
invertebrate species will become less diverse and be replaced by
species tolerant of hyper-saline environments (e.g., brine flies and
brine shrimp).
The basic purpose of the proposed SCH Project is to protect the
fish and wildlife species dependent on the Salton Sea in accordance
with California Fish and Game Code, Section 2932 through the creation
of aquatic habitat; this is a water dependent activity. The overall
goals and purpose of the project under the Clean Water Act, and the
objectives through which the goals would be met are as follows:
Goal: Develop a range of aquatic habitats that will support fish
and wildlife species dependent on the Salton Sea.
Objectives for Goal:
--Provide adequate foraging habitat for piscivorous (fish-eating) bird
species.
--Develop habitats required to support piscivorous bird species.
--Support a sustainable, productive aquatic community.
--Provide suitable water quality for fish.
--Minimize adverse effects to desert pupfish.
--Minimize risk of selenium.
--Minimize risk of disease/toxicity impacts.
2. Proposed Action: The SCH Project would provide habitat for both
fish and invertebrate species, which in turn would provide forage for
the numerous bird species dependent on the Salton Sea ecosystem.
Salinity would be managed to support various assemblages of
invertebrates and fish to diversify the prey base for as wide a variety
of bird species as possible. The SCH ponds would be designed to serve
those piscivorous bird species that would experience significant
declines if the amount of Salton Sea habitat were substantially
reduced. For many of these species, a significant proportion of their
population uses the Salton Sea.
The SCH ponds would also benefit other bird species, such as the
eared grebe, gull-billed tern, western snowy plover, ruddy duck, black
tern, and California brown pelican. These species are either not
piscivorous and/or only a small proportion of their population depends
on the Salton Sea. There are also some subspecies or population
segments that would likely use the created habitats as well, such as
the least tern (interior subspecies of the California least tern or
Mexican least tern, whichever is present at the Salton Sea) and Baja
population of the California brown pelican which uses the Salton Sea as
a post-breeding site. Ancillary affects to other federally threatened
or endangered species may be identified during the development of the
EIS/EIR, and would be addressed through either informal or formal
section 7 consultation, or a combination there of, with the U.S. Fish
and Wildlife Service, as applicable.
Fish currently existing in the Salton Sea or tributaries are the
likely candidates for establishment in the SCH ponds. The ponds would
likely not provide suitable habitat for the marine species (orangemouth
corvina, gulf croaker, and sargo) previously found in the Salton Sea.
Tilapia are currently found in large numbers in the Sea, and would
likely be the species providing the primary forage base in the ponds
for fish eating birds. Since a primary purpose of the ponds is to
provide habitat for fish as forage for birds, the ponds would be
managed to maximize fish productivity.
The SCH Project is being developed as a proof-of-concept project
for future restoration to verify that the core ideas are functional and
feasible prior to full scale restoration of the Salton Sea. The SCH
Project would help establish viability, technical issues, and overall
direction, as well as providing feedback for costs and requirements of
construction, operations and management. The SCH project is planned to
be constructed beginning in late 2011 or early 2012. The SCH Project
would be created in phases as the Sea recedes by constructing dikes
below the elevation of -228 feet mean sea level (msl) using material
excavated from the sea bed. Rivers, which have better water quality
than agricultural drain water, would provide the primary source of
water for the ponds. Habitat ponds would vary in size, and several
ponds could be constructed in each phase depending on funding and land
availability. Habitat would continue to be constructed in subsequent
years as the Sea continues to recede until the targeted acreage of
habitat was reached. It is currently anticipated that about 2,400 acres
of habitat would be created as part of the SCH Project, although the
actual amount may vary depending on the outcome of the alternatives
development process. Preliminary evaluations of potential siting areas
indicate that ponds could be constructed at either the north or south
ends of the Salton Sea, or in both areas. The SCH would be designed
with varying ranges of salinity in order to maximize biological
productivity and minimize adverse effects associated with water
quality. Ponds would be designed to optimize fish habitat and maximize
fish productivity to provide a sustainable prey base for fish-eating
birds. Ponds could also be managed to optimize invertebrate production
to enhance the prey base for shorebirds and wading birds.
Depth of water in the ponds is dependent on the slope of the sea
bed, but could range up to approximately 6 feet, depending on the areas
available for development as the surface water elevation declines.
Deeper areas could be created by excavating materials from within the
ponds for construction of the dikes or islands. The dike separating
adjacent ponds at similar elevations could also be modified to form
larger ponds in the future, with portions of the original dike left
intact to form islands.
A sedimentation basin could be constructed on lands above elevation
-228 msl, or the first SCH pond could
[[Page 35772]]
function as a sedimentation basin in addition to providing habitat. The
first pond may need to be drained periodically for vegetation
management and sediment removal; triggers for such actions will be
developed as part of the adaptive management plan. Water discharged
from the first pond would flow into other ponds, and from there into
further ponds or into the Salton Sea.
A variety of methods for managing salinity will be thoroughly
evaluated in the EIR/EIS. Several methods are currently under
consideration, although additional methods may be identified as part of
the scoping process and as a result of special studies that are
underway. The method currently being considered is evapo-concentration
of salts, which would result in higher salinity in each subsequent pond
until the maximum salinity suitable for optimal biological productivity
was achieved. Once the maximum desired salinity was achieved, the next
series of ponds could again initially be supplied by river water.
Saline water from the earlier ponds could be blended with river water
to obtain targeted salinities in some of the newer ponds. If not needed
for blending in the next phase of ponds, saline water from the ponds
would discharge to the Salton Sea. This process would result in a mix
of salinities throughout the SCH complex, with salinities being managed
by balancing river inflow, evaporation, and discharge. Higher
salinities in the initial ponds, if needed, also could be achieved by
temporarily blending diverted river water with saline water pumped from
the Salton Sea. If necessary, temporary pumping could also be used to
initially achieve the targeted salinities in subsequent series of
ponds, but longer-term salinity management would be maintained by
balancing inflows, evaporation, and discharge. If additional salt water
were needed in future years to maintain salinity, saline water from the
higher salinity ponds could be recirculated to the lower salinity
ponds.
Siting SCH ponds adjacent to the confluence of the New, Alamo, or
Whitewater rivers and the Salton Sea would minimize the need for
conveyance facilities to transport freshwater from these rivers to the
ponds. Water flow from the rivers and between the ponds could be
controlled with valves to be able to respond to varying evaporation or
seepage rates and to allow changes in operations to modify salinity or
water depth goals. The precise method of conveying water will be
evaluated as part of the engineering design and environmental review
process.
Monitoring and evaluation would commence upon completion of the
ponds in the first year and would continue thereafter. A monitoring and
adaptive management plan would be implemented to monitor and evaluate
biological and water quality parameters, habitat function, and
engineering performance of the SCH Project. Information obtained from
monitoring and evaluation would be used to refine the engineering
design, wildlife management criteria, and adaptive strategies for
continued development of subsequent phases of the SCH Project. Adaptive
and flexible strategies would reduce the risks and uncertainties
associated with operating larger complexes and facilitate managing or
mitigating observed issues and problems.
3. Issues: A number of potential environmental issues will be
addressed in the EIS/EIR. Additional issues may be identified during
the scoping process, but issues initially identified as potentially
significant or that are believed to be of local concern include:
1. Agricultural Resources: Impacts from conversion of farmland to
non-agricultural use, and dust due to construction.
2. Air Quality: Impacts during construction, operations, and
maintenance, and also the beneficial impact on fugitive dust from
covering exposed playa with water.
3. Biological Resources: Impacts on fish and wildlife during
construction, operations, and maintenance.
4. Cultural Resources: Potential impacts to archaeological
resources, human remains, and sacred sites activities.
5. Environmental Justice: Potential effects on the Torres Martinez
Desert Cahuilla Indian Tribe and other local communities from
construction. operations, and maintenance activities.
6. Geology and Soils: Impacts during construction, operations, and
maintenance.
7. Greenhouse Gas Emissions/Climate Change: Impacts during
construction, operations, and maintenance.
8. Hazards and Hazardous Materials: Impacts during construction,
maintenance, and operations.
9. Hydrology and Water Quality: Impacts during construction,
operations, and maintenance.
10. Indian Trust Assets: Effects on Torres Martinez Tribe's trust
assets from development of the sites near the Whitewater River.
11. Land Use: Potential conflicts with other existing or planned
land uses and local plans, policies, and ordinances.
12. Noise: Impacts during construction, operations, and
maintenance.
13. Paleontological Resources: Potential impacts from ground-
disturbing activities.
14. Transportation and Traffic: Impacts during construction,
operations, and maintenance.
4. Alternatives: Several alternatives are being considered for the
proposed action. The EIS/EIR may include a co-equal analysis of the
project alternatives considered. Alternatives initially being
considered for the SCH Project include: (a) Alternative locations (at
the confluence of the New, Alamo, or Whitewater rivers and the Salton
Sea, or a combination of sites); (b) different acreages of created
habitat; (c) different pond sizes and configurations; (d) different
ranges of salinity within the ponds; and (e) no action. The range and
characteristics of the alternatives addressed in the EIS/EIR will be
further developed based on input from the scoping process and special
studies that are underway.
5. Scoping Process: The Corps and the Natural Resources Agency will
jointly conduct a series of public scoping meetings to receive public
comments regarding the appropriate scope and content of for the SCH
Project DEIS/DEIR and to assess public concerns. Additionally, a public
hearing will be held during the public comment period once the DEIS/
DEIR is released. Participation in the public meetings by Federal,
State, and local agencies, affected Indian tribes, and other interested
organizations and persons is encouraged. Parties interested in being
added to the electronic mail notification list for any projects
associated with the Salton Sea can register at: http://www.spl.usace.army.mil/regulatory/ under the Public Notice tab,
Distribution List registration. This list will be used in the future to
notify the public about scheduled hearings and availability of future
public notices. Parties interested in obtaining additional information
about the SCH Project can also visit the Natural Resources Agency Web
site at http://resources.ca.gov/restoring_the_salton_sea.html.
The scoping meetings will be held at:
1. Palm Desert--July 7, 2010 at 1 p.m. at University of California,
75-080 Frank Sinatra Drive, Room B200, Palm Desert, CA 92211.
2. Thermal--July 7, 2010 at 6:30 p.m. at Torrez-Martinez Tribal
Administration Building, 66-725 Martinez Road, Thermal, CA 92274.
[[Page 35773]]
3. Calipatria--July 8, 2010 at 1 p.m. at Calipatria Inn and Suites,
700 North Sorenson Avenue, Calipatria, CA 92233.
4. Brawley--July 8, 2010 at 6:30 p.m. at Elks Lodge 1420,
161 South Plaza, Brawley, CA 92227.
Comments on the proposed action, alternatives, or any additional
concerns should be submitted in writing. Written comment letters will
be accepted through July 24, 2010.
The following permits and consultations are expected to be
required: Clean Water Act section 404 permit/section 401 water quality
certification; Endangered Species Act section 7 consultation; National
Historic Preservation Act section 106 consultation; California
Endangered Species Act section 2081 incidental take authorization;
California Fish and Game Code section 1602 Streambed Alteration
Agreement; and air quality permits.
5. Availability of the DEIS/DEIR: The DEIS/DEIR is expected to be
published and circulated by early 2011, and a public meeting will be
held after its publication.
Dated: June 14, 2010.
Mark D. Cohen,
Deputy Chief, Regulatory Division, Corps of Engineers.
[FR Doc. 2010-15176 Filed 6-22-10; 8:45 am]
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