[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Notices]
[Pages 18858-18860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7488]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Remanded Biological Opinions on the Coordinated Long-Term
Operation of the Central Valley Project and State Water Project: Notice
of Intent To Prepare an Environmental Impact Statement and Notice of
Scoping Meetings
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice of intent and scoping meetings.
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SUMMARY: The Bureau of Reclamation intends to prepare an environmental
impact statement for modifications to the continued long-term operation
of the Central Valley Project, in a coordinated manner with the State
Water Project, that are likely to avoid jeopardy and destruction or
adverse modification of designated critical habitat. We are seeking
suggestions and information on the alternatives and topics to be
addressed and any other important issues related to the proposed
action.
DATES: Submit written comments on the scope of the environmental impact
statement by May 29, 2012.
Four public scoping meetings will be held to solicit public input
on alternatives, concerns, and issues to be addressed in the
environmental impact statement:
1. Wednesday, April 25, 2012, 6 p.m. to 8 p.m., Madera, CA.
2. Thursday, April 26, 2012, 6 p.m. to 8 p.m., Diamond Bar, CA.
3. Wednesday, May 2, 2012, 2 p.m. to 4 p.m., Sacramento, CA.
4. Thursday, May 3, 2012, 6 p.m. to 8 p.m., Marysville, CA.
ADDRESSES: Send written comments to Janice Pi[ntilde]ero, Endangered
Species Compliance Act Specialist, Bureau of Reclamation, Bay-Delta
Office, 801 I Street Suite 140, Sacramento, CA 95814-2536; fax to (916)
414-2439; or email at [email protected].
The scoping meetings will be held at the following locations:
1. Madera--Madera County Mail Library, Blanche Galloway Room, 121
N. G Street, Madera, CA 93637.
2. Diamond Bar--South Coast Air Quality Management District, Room
CC6, 21865 Copley Dr., Diamond Bar, CA 91765.
3. Sacramento--Federal Building, 650 Capitol Mall, Stanford Room,
Sacramento, CA 95814.
4. Yuba County Government Center, Board of Supervisors Chambers,
915 Eighth St., Marysville, CA 95901.
FOR FURTHER INFORMATION CONTACT: Janice Pi[ntilde]ero at (916) 414-
2428; or email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Agencies Involved
II. Why We Are Taking This Action
III. Results of Litigation
IV. Purpose and Need for Action
V. Project Area
VI. Alternatives To Be Considered
VII. Statutory Authority
VIII. Request for Comments
IX. Public Disclosure
X. How To Request Reasonable Accommodation
I. Agencies Involved
We, the Bureau of Reclamation, are the lead Federal agency. We will
invite the following agencies to participate as cooperating agencies
for preparation of the environmental impact statement (EIS) in
accordance with the National Environmental Policy Act (NEPA), as
amended:
U.S. Fish and Wildlife Service (USFWS),
National Marine Fisheries Service (NMFS),
U.S. Army Corps of Engineers; and
U.S. Environmental Protection Agency (EPA).
We have also identified other Federal, State, and local agencies
(e.g., California Department of Water Resources, California Department
of Fish and Game, State and Federal Contractors Water Agency, etc.) as
potential cooperating agencies, and we will invite them to participate
as such in the near future.
II. Why We Are Taking This Action
The Central Valley Project (CVP) is the largest Federal Reclamation
project. We operate the CVP in coordination with the State Water
Project (SWP), under the Coordinated Operation Agreement between the
Federal government and the State of California
[[Page 18859]]
(authorized by Pub. L. 99-546). Reclamation's 2008 Biological
Assessment, as modified by general changes due to the passage of time
and those items that have been litigated or legislated since the
completion of the BA, describes operation of the projects.
In December 2008, USFWS issued a Biological Opinion analyzing the
effects of the coordinated long-term operation of the CVP and SWP in
California. The USFWS Biological Opinion:
Concluded that ``the coordinated operation of the CVP and
SWP, as proposed, [was] likely to jeopardize the continued existence of
the delta smelt'' and ``adversely modify delta smelt critical
habitat.''
Included a Reasonable and Prudent Alternative for CVP and
SWP operations designed to allow the projects to continue operating
without causing jeopardy or adverse modification.
On December 15, 2008, we provisionally accepted and then
implemented the USFWS Reasonable and Prudent Alternative.
In June 2009, NMFS issued a Biological Opinion analyzing the
effects of the coordinated long-term operation of the CVP and SWP on
listed salmonids, green sturgeon and southern resident killer whale.
This Biological Opinion concluded that the long-term operation of the
CVP and SWP, as proposed, was likely to:
Jeopardize the continued existence of Sacramento River
winter-run Chinook salmon, Central Valley spring-run Chinook salmon,
Central Valley steelhead, southern distinct population segment (DPS) of
North American green sturgeon, and southern resident killer whales.
Destroy or adversely modify critical habitat for
Sacramento River winter-run Chinook salmon, Central Valley spring-run
Chinook salmon, Central Valley steelhead and the Southern DPS of North
American green sturgeon.
The NMFS Biological Opinion included a Reasonable and Prudent
Alternative designed to allow the projects to continue operating
without causing jeopardy or adverse modification. On June 4, 2009, we
provisionally accepted and then implemented the NMFS Reasonable and
Prudent Alternative.
Several lawsuits were filed in the United States District Court for
the Eastern District of California (the Court) challenging various
aspects of the USFWS and NMFS Biological Opinions and our acceptance
and implementation of the associated Reasonable and Prudent
Alternatives.
III. Results of Litigation
The results of the above lawsuits were as follows.
On November 16, 2009, the Court ruled that we violated
NEPA by failing to conduct a NEPA review of the potential impacts to
the human environment before provisionally accepting and implementing
the 2008 USFWS Biological Opinion and Reasonable and Prudent
Alternative.
On March 5, 2010, the Court held that we violated NEPA by
failing to undertake a NEPA analysis of potential impacts to the human
environment before accepting and implementing the Reasonable and
Prudent Alternative in the 2009 NMFS Biological Opinion.
On December 14, 2010, the Court found certain portions of
the USFWS Biological Opinion to be arbitrary and capricious, and
remanded those portions of the Biological Opinion to USFWS. The Court
ordered us to review the Biological Opinion and Reasonable and Prudent
Alternative in accordance with NEPA.
On September 20, 2011, in the Consolidated Salmonid Cases,
the Court remanded the NMFS Biological Opinion to NMFS.
We now have an opportunity to initiate a combined NEPA process
addressing both the USFWS and NMFS Reasonable and Prudent Alternatives.
To that end, we are beginning this combined NEPA process to analyze the
effects of modifications to the coordinated long-term operation of the
CVP and SWP that are likely to avoid jeopardy to listed species and
destruction or adverse modification of designated critical habitat.
IV. Purpose and Need for Action
The purpose of the action is to continue the operations of the CVP,
in coordination with the SWP, as described in the 2008 Biological
Assessment (as modified) to meet its authorized purposes, in a manner
that:
Is consistent with Federal Reclamation law, applicable
statutes, previous agreements and permits, and contractual obligations;
Avoids jeopardizing the continued existence of federally
listed species; and
Does not result in destruction or adverse modification of
designated critical habitat.
Continued operation of the CVP is needed to provide flood control,
water supply, fish and wildlife restoration and enhancement, and power
generation. It also provides navigation, recreation, and water quality
benefits. However, coordinated operation of the CVP, as described in
the 2008 Biological Assessment was found to likely jeopardize the
continued existence of listed species and adversely modify critical
habitat. The ESA requires Federal agencies to insure that their actions
are not likely to jeopardize listed species or result in the
destruction or adverse modification of critical habitat. Modifications
to the coordinated operation of the CVP and SWP to be evaluated should
be consistent with the intended purpose of the action, within the scope
of our legal authority and jurisdiction, economically and
technologically feasible, and avoid the likelihood of jeopardizing
listed species or resulting in the destruction or adverse modification
of critical habitat.
V. Project Area
The project area includes the CVP and SWP Service Areas and
facilities, as described in this section.
A. CVP Facilities
The CVP facilities include reservoirs on the Trinity, Sacramento,
American, Stanislaus, and San Joaquin rivers.
A portion of the water from Trinity River is stored and
re-regulated in Clair Engle Lake, Lewiston Lake, and Whiskeytown
Reservoir, and diverted through a system of tunnels and powerplants
into the Sacramento River. Water is also stored and re-regulated in
Shasta and Folsom reservoirs. Water from these reservoirs and other
reservoirs owned and/or operated by the SWP flows into the Sacramento
River.
The Sacramento River carries water to the Sacramento-San
Joaquin Delta (Delta). The Jones Pumping Plant at the southern end of
the Delta lifts the water into the Delta Mendota Canal (DMC). This
canal delivers water to CVP contractors, who divert water directly from
the DMC, and exchange contractors on the San Joaquin River, who divert
directly from the San Joaquin River and the Mendota Pool. CVP water is
also conveyed to the San Luis Reservoir for deliveries to CVP
contractors through the San Luis Canal. Water from the San Luis
Reservoir is also conveyed through the Pacheco Tunnel to CVP
contractors in Santa Clara and San Benito counties.
The CVP provides water from Millerton Reservoir on the San
Joaquin River to CVP contractors located near the Madera and Friant-
Kern canals. Water is stored in the New Melones Reservoir for water
rights holders in the Stanislaus River watershed and CVP contractors in
the northern San Joaquin Valley.
[[Page 18860]]
B. State Water Project Facilities
The Department of Water Resources operates and maintains the SWP,
which delivers water to agricultural and municipal and industrial (M&I)
contractors in northern California, the San Joaquin Valley, the Bay
Area, the Central Coast, and southern California.
SWP water is stored and re-regulated in Lake Oroville and
released into the Feather River, which flows into the Sacramento River.
SWP water flows in the Sacramento River to the Delta and
is exported from the Delta at the Banks Pumping Plant. The Banks
Pumping Plant lifts the water into the California Aqueduct, which
delivers water to the SWP contractors and conveys water to the San Luis
Reservoir.
The SWP also delivers water to the Cross-Valley Canal,
when the systems have capacity, for CVP water service contractors.
VI. Alternatives To Be Considered
The proposed action for the purposes of NEPA will consider
operational components of the 2008 USFWS and the 2009 NMFS Reasonable
and Prudent Alternatives. These components address continued operation
of the CVP, in coordination with the SWP, in a manner intended to avoid
jeopardizing continued existence of federally listed species or result
in the destruction or adverse modification of designated critical
habitat.
We expect to analyze flow management actions resulting
from the 2008 USFWS Reasonable and Prudent Alternative that affect:
(1) Protection of adult, juvenile, and larval delta smelt; and
(2) Habitat improvements for delta smelt growth and rearing.
We expect to analyze flow management actions resulting
from the 2009 NMFS Reasonable and Prudent Alternative that affect:
(1) Attraction and channel maintenance flows;
(2) Reduction of thermal stress;
(3) Passage of fish at Red Bluff Diversion Dam;
(4) Reduction of redd dewatering, entrainment, and straying; and
(5) Reduction of negative hatchery influences on natural
populations.
The proposed action will not consider:
Structural changes prescribed in the NMFS 2009 Reasonable
and Prudent Alternative that would require future evaluations,
environmental documentation, and permitting; and
Reasonable and Prudent Alternative actions that would
require future studies.
As required by NEPA, we will develop and consider a proposed action
and a reasonable range of alternatives, including a No Action
Alternative. Reasonable alternatives to the proposed action may include
physical changes or changes in operations of CVP facilities.
Alternatives could affect all or various components of the CVP, and
may also include actions that affect SWP operations. We will engage
with the Department of Water Resources in developing the proposed
action and alternatives. We will also consider including in the
alternative analysis reasonable alternatives to the proposed action
identified through the scoping process.
VII. 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. In addition, as required by NEPA, Reclamation will analyze
in the EIS the potential direct, indirect, and cumulative environmental
effects that may result from the implementation of the proposed action
and alternatives, which may include, but are not limited to, the
following areas of potential impact:
a. Water resources, including groundwater;
b. Land use, including agriculture;
c. Socioeconomics;
d. Environmental justice;
e. Biological resources, including fish, wildlife, and plant
species;
f. Cultural resources;
g. Water quality;
h. Air quality;
i. Soils, geology, and mineral resources;
j. Visual, scenic, or aesthetic resources;
k. Global climate change;
l. Indian trust assets
m. Transportation; and
n. Recreation.
VII. Request for Comments
The purposes of this notice are:
To advise other agencies, CVP and SWP water and power
contractors, affected tribes, and the public of our intention to gather
information to support the preparation of an EIS;
To obtain suggestions and information from other agencies,
interested parties, and the public on the scope of alternatives and
issues to be addressed in the EIS; and
To identify important issues raised by the public related
to the development and implementation of the proposed action.
We invite written comments from interested parties to ensure that
the full range of alternatives and issues related to the development of
the proposed action are identified. Comments during this stage of the
scoping process will only be accepted in written form. Written comments
may be submitted by mail, electronic mail, facsimile transmission or in
person (see ADDRESSES). Comments and participation in the scoping
process are encouraged.
IX. Public Disclosure
Before including your name, address, phone number, email 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.
X. How To Request Reasonable Accommodation
If special assistance is required at one of the scoping meetings,
please contact Janice Pi[ntilde]ero at the information provided above
mailto: or TDD 916-978-5608, at least five working days before the
meetings. Information regarding this proposed action is available in
alternative formats upon request.
Dated: March 14, 2012.
Anastasia T. Leigh,
Regional Environmental Officer, Mid-Pacific Region.
[FR Doc. 2012-7488 Filed 3-27-12; 8:45 am]
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