[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Notices]
[Pages 13643-13645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04722]


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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 Delta Wetlands Project in San Joaquin and Contra Costa 
Counties, CA, Corps Permit Application Number SPK-1901-09804

AGENCY:  Department of the Army, U.S. Army Corps of Engineers, DOD.

ACTION: Notice of Intent.

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[[Page 13644]]

SUMMARY:  Delta Wetland Properties (Applicant) has applied for a 
Department of Army permit under Section 404 of the Clean Water Act 
(CWA) and Section 10 of the Rivers and Harbors Act of 1899 (R & H A) to 
develop two Reservoir Islands (Bacon Island and Webb Tract). 
Applications with the Department of Army under Section 404 of the CWA 
for the discharge of dredged or fill material into waters of the United 
States and under the Rivers and Harbors Act (RHA) Section 10 for 
activities within navigable waters were first filed with the U.S. Army 
Corps of Engineers (Corps) in 1987. The U.S. Fish and Wildlife Service 
(USFWS) and National Marine Fisheries Service (NMFS) issued no-jeopardy 
Biological Opinions (BOs) for the project in May and June 2000. The 
Corps issued a Department of the Army Permit under CWA Section 404 
(Permit 190109804) for the project on June 26, 2002. Permit 190109804 
required that construction be completed by December 31, 2007. The 
applicant is applying for a new permit for the project because the 
previously issued permit has expired.
    The Corps has determined that a Supplement to the Environmental 
Impact Statement (EIS) for the Delta Wetlands Project (prepared in 
2001) is required. Delta Wetland Properties has applied for a new 
Department of the Army permit to fill approximately 2,156 acres of 
waters of the United States, including wetlands, to implement the 
project.

DATES:  The Corps will conduct a public scoping meeting that will be 
held on Monday, March 11, 2013 from 4:00 p.m. to 7:00 p.m.

ADDRESSES: The public scoping meeting will be held at the Tsakopoulos 
Galleria Library located at 828 I Street, Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT:  Mr. Marc Fugler, (916) 557-5255, 
mailto:[email protected].

SUPPLEMENTARY INFORMATION: Interested parties are invited to submit 
written comments on the permit application on or before March 20, 2013. 
Scoping comments should be submitted within the next 60 days, but may 
be submitted at any time prior to publication of the Supplemental Draft 
EIS. To submit comments on this notice or for questions about the 
proposed action and the Supplemental Draft EIS, please contact Marc 
Fugler, 1325 J Street, Sacramento, CA 95814-4708. Parties interested in 
being added to the Corps' electronic mail notification list for the 
proposed project can email a request to [email protected] and indicate which list you would like your email 
address to be added. Please refer to Identification Number SPK-1901-
09804 in any correspondence.
    The Applicant's Preferred Alternative is generally the same as 
described in the 2001 EIS (available at http://www.deltawetlandsproject.com) and the Department of the Army permit for 
the project issued in 2002. Since 2002, the applicant has entered into 
a partnership with Semitropic Water District Storage (Semitropic) to 
develop the project, to integrate the project into the operation of the 
Semitropic Groundwater Storage Bank and the Antelope Valley Water Bank, 
and to provide project water for agricultural uses within Semitropic's 
service area.
    Activities that would result in the discharge of dredged or fill 
material into waters of the U.S. on the Reservoir Islands interiors 
consist of the construction of new intake and discharge facilities, new 
boat berthing facilities adjacent to each intake and discharge 
facility, and interior grading and perimeter levee improvements. 
Activities that would result in work in navigable waters adjacent to 
the Reservoir Islands consist of the placement of new intake facilities 
and installation of fish screens, new boat berthing facilities adjacent 
to each intake and discharge facility, and new pumps and outfalls to 
discharge water stored in the reservoirs into the Delta. Compensation 
for wetland and wildlife effects of the water storage operations on the 
Reservoir Islands would be provided by implementing a Habitat 
Management Plan (HMP) on two Habitat Islands (Bouldin Island and the 
majority of Holland Tract). Bacon Island and Bouldin Island are located 
in San Joaquin County and Holland Tract and Webb Tract are located in 
Contra Costa County.
    A wetland delineation for the project islands verified by the Corps 
in April 2002 identified a total of 860.47 acres of jurisdictional 
waters. This delineation expired in 2007 and an updated delineation was 
conducted for the project islands in 2012. The updated delineation 
identifies a total of 3,851.70 acres of potentially jurisdictional 
features. The primary differences in the verifications consist of the 
reclassification of ``exotic marsh'' in the 2002 delineation to 
freshwater marsh and the addition of two wetland types: Agricultural 
wetlands and forested wetlands. The updated delineation identifies the 
following acreages of potentially jurisdictional waters on the project 
islands: Bacon Island 572.69 acres, Webb Tract 1,583.61 acres, Holland 
Tract 996.28 acres, and Bouldin Island 699.12 acres. The applicant 
proposes to fill approximately 2,156 acres of potentially 
jurisdictional waters on the Reservoir Islands. Impacts would be 
mitigated through implementation of the HMP which would create or 
enhance (net) 1,147 acres of wetlands and other waters of the U.S. on 
the Habitat Islands. In addition, any wetlands not filled by levee 
improvements, intake construction, or mass grading on the Reservoir 
Islands would be converted to seasonally open water habitat 
(lacustrine).
    The Supplemental EIS will include alternatives to the Proposed 
Action that will meet NEPA requirements for a reasonable range of 
alternatives, and will also meet the requirements of the CWA Section 
404(b)(1) Guidelines. The alternatives to be evaluated in the 
Supplemental EIS are anticipated to consist of the following: (1) An 
alternative with different operating criteria for diversion and 
discharge of stored water, (2) the project as proposed in the 404 
permit application (i.e., the Applicant's Preferred Alternative), (3) 
an alternative in which all four islands would be used as reservoirs 
with some compensation habitat provided on Bouldin Island, and (4) the 
No Project Alternative in which the four islands would continue to be 
used for intensive agricultural operations.
    The Corps' public involvement program includes several 
opportunities to provide oral and written comments on the proposed 
Delta Wetlands Project through the NEPA process. Affected federal, 
state, regional, and local agencies, Native American tribes, and other 
interested organizations and parties are invited to participate. 
Potentially significant issues to be analyzed in depth in the 
Supplemental EIS include loss of waters of the United States (including 
wetlands), and impacts related to water supply, water quality, 
utilities and public services, traffic and navigation, fish, vegetation 
and wetlands, wildlife, land use and agriculture, recreation, visual 
resources, air quality, climate change, and socioeconomics.
    The Corps will reinitiate formal consultation with USFWS and NMFS 
under Section 7 of the Endangered Species Act for impacts to listed 
species that may result from the project. The Corps will also 
reinitiate consultation with the State Historic Preservation Office 
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.
    The Supplemental EIS is expected to be made available to the public 
in 2013.


[[Page 13645]]


     Dated: February 13, 2013.
William J. Leady,
Colonel, U.S. Army, District Engineer.
[FR Doc. 2013-04722 Filed 2-27-13; 8:45 am]
BILLING CODE 3720-58-P