[Federal Register Volume 78, Number 240 (Friday, December 13, 2013)]
[Notices]
[Pages 75939-75942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29779]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD003
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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

Fish and Wildlife Service

[FWS-R8-ES-2013-N252]


Bay Delta Habitat Conservation Plan and Natural Community 
Conservation Plan, Sacramento, CA; Draft Environmental Impact Report/
Environmental Impact Statement, Receipt of Applications, and 
Announcement of Public Meetings

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce; Fish and Wildlife Service and 
Bureau of Reclamation, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: This notice announces the availability of the Draft Bay Delta 
Conservation Plan and Natural Community Conservation Plan (BDCP, or the 
Plan) and Draft BDCP Environmental Impact Report/Environmental Impact 
Statement (EIR/EIS) for public review and comment. In response to 
receipt of an application from the California Department of Water 
Resources and certain State and Federal water contractors (the 
Applicants), the Fish and Wildlife Service (FWS) and the National 
Marine Fisheries Service (NMFS), are considering the proposed action of 
issuing 50-year incidental take permits (ITPs) under the Endangered 
Species Act (ESA) of 1973, as amended. The proposed ITPs would 
authorize the take of individual species listed under the ESA. The 
permits are needed because take of species could occur as a result of 
implementation of activities, including those associated with water 
operations of the California State Water Project by the California 
Department of Water Resources. Covered activities in the Plan include 
the construction, operation, monitoring, and maintenance associated 
with water conveyance, ecosystem restoration, and other activities in 
the Sacramento-San Joaquin Delta (Delta) and vicinity as described in 
the BDCP.
    The Bureau of Reclamation's (Reclamation's) proposed Federal action 
is to change operation of Central Valley Project (CVP) facilities in 
the Delta consistent with the BDCP; this operations change would 
support implementation of coordinated operation of the CVP with the 
California State Water Project. Reclamation may also make decisions 
regarding wheeling CVP water through new Delta conveyance facilities, 
and implementing habitat restoration and monitoring actions proposed by 
the BDCP that are consistent with Reclamation's regulatory 
requirements, programs, authorities, and appropriations. These three 
Federal co-lead agencies have not selected a preferred alternative at 
this time.

DATES: Comments on the Draft BDCP and Draft EIR/EIS must be received or 
postmarked by 5 p.m. Pacific Time on April 14, 2014.
    Twelve public meetings will be held to receive comments on the 
Draft BDCP and Draft EIR/EIS. See SUPPLEMENTARY INFORMATION section for 
meeting dates and times.

ADDRESSES: To view or download the Draft BDCP and Draft EIR/EIS, or for 
a list of locations to view hard-bound copies, go to 
www.baydeltaconservationplan.com.
    You may submit written comments by one of the following methods:
    1. By email: Submit comments to [email protected].
    2. By hard-copy: Submit comments by U.S. mail, or by hand-delivery, 
to Ryan Wulff, National Marine Fisheries Service, 650 Capitol Mall, 
Suite 5-100, Sacramento, CA 95814.
    Please see SUPPLEMENTARY INFORMATION section for meeting locations.

FOR FURTHER INFORMATION CONTACT: Ryan Wulff, National Marine Fisheries 
Service, 916-930-3733; Lori Rinek, Fish and Wildlife Service, 916-930-
5652; or Theresa Olson, Bureau of Reclamation, 916-414-2433.

SUPPLEMENTARY INFORMATION:

Special Accommodation

    The public meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Ryan Wulff, National Marine 
Fisheries Service, at 916-930-3733 at least 5 working days prior to the 
meeting date.

[[Page 75940]]

Background

    Section 9 of the ESA prohibits the ``take'' of individuals of an 
endangered species and, by regulation, a threatened species, 16 U.S.C. 
1538(a) (endangered species); 1533(d) (threatened species). The ESA 
defines the term ``take'' as to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect listed species, or attempt to 
engage in such conduct. ``Harm'' includes significant habitat 
modification or degradation that actually kills or injures listed 
wildlife by significantly impairing essential behavioral patterns, 
including breeding, feeding, and sheltering (50 CFR 17.3(c)). NMFS 
defines ``harm'' to include significant habitat modification or 
degradation where it actually kills or injures wildlife by 
significantly impairing essential behavioral patterns, including 
breeding, spawning, rearing, migrating, feeding, or sheltering (50 CFR 
222.102). Pursuant to section 10(a)(1)(B) of the ESA, FWS and NMFS may 
issue ITPs authorizing the take of listed species if, among other 
things, such taking is incidental to, and not the purpose of, otherwise 
lawful activities. Although take of listed plant species is not 
prohibited under the ESA, and therefore authorization under an ITP is 
not necessary, plant species may be included on a permit in recognition 
of the conservation benefits provided to them under a habitat 
conservation plan.
    The Applicants have prepared and submitted the BDCP with their 
permit applications to the FWS, NMFS, and the California Department of 
Fish and Wildlife, pursuant to the regulatory requirements for a 
section 10(a)(1)(B) permit under the ESA, and a section 2835 permit 
under the California Natural Community Conservation Planning Act of 
2003 (California Fish and Game Code, Section 2800 et seq.).
    The Applicants seek 50-year incidental take permits for covered 
activities within the proposed Plan Area. The Plan Area encompasses the 
Delta and additional areas in which conservation measures may be 
implemented pursuant to the Plan. Incidental take permits issued for 
the BDCP will extend to covered activities in the Plan Area.
    The conservation strategy in the Plan is primarily focused on the 
statutory Delta, as defined in California Water Code Section 12220. 
However, certain areas outside the statutory Delta contain desirable 
locations for actions that advance the goals and objectives of the 
Plan. Suisun Marsh, Suisun Bay, and the Yolo Bypass have been included 
in the Plan Area to provide important sites for habitat restoration 
that directly supports goals and objectives for natural communities and 
covered species. In addition, the conservation strategy includes 
measures that will be implemented outside of the statutory Delta to 
complement regional conservation planning efforts underway in Yolo, 
Solano, Contra Costa, San Joaquin, and Sacramento Counties.
    Because the California State Water Project and CVP water 
infrastructure is operated in coordination, the effects of implementing 
the BDCP may extend to aquatic systems beyond the Delta, both upstream 
and downstream. Therefore, the BDCP effects analysis considers these 
potential upstream and downstream aquatic effects, both positive and 
negative, to ensure that the overall effects of the BDCP are 
sufficiently described, analyzed, and addressed.
    The Applicants have requested permits that will authorize take of 
19 animals listed as threatened or endangered under the ESA, and 19 
animals that are not currently listed under the Act. The following four 
listed species are proposed for coverage under the NMFS permit: 
Sacramento River winter[hyphen]run chinook salmon (Oncorhynchus 
tshawytscha) Evolutionarily Significant Unit (ESU); Central Valley 
spring-run chinook salmon (O. tshawytscha) ESU; Central Valley 
steelhead (O. mykiss) ESU; and the Southern Distinct Population Segment 
(DPS) of North American green sturgeon (Acipenser medirostris). The 
following 15 listed species are proposed for coverage under the FWS 
permit: Delta smelt (Hypomesus transpacificus); riparian brush rabbit 
(Sylvilagus bachmani riparius); riparian woodrat (Neotoma fuscipes 
riparia); salt marsh harvest mouse (Reithrodontomys raviventris); San 
Joaquin kit fox (Vulpes macrotis mutica); California clapper rail 
(Rallus longirostris obsoletus); least Bell's vireo (Vireo bellii 
pusillus); giant garter snake (Thamnophis gigas); California 
red[hyphen]legged frog (Rana draytonii); California tiger salamander, 
Central Valley DPS (Ambystoma californiense); conservancy fairy shrimp 
(Branchinecta conservatio); longhorn fairy shrimp (Branchinecta 
longiantenna); Valley elderberry longhorn beetle (Desmocerus 
californicus dimorphus); vernal pool fairy shrimp (Branchinecta 
lynchi); and vernal pool tadpole shrimp (Lepidurus packardi).
    The proposed Plan and FWS and NMFS permits would also cover 19 
animal species that are not currently listed under the ESA: Chinook 
salmon, Central Valley fall and late fall run ESU (Oncorhynchus 
tshawytscha); longfin smelt (Spirinchus thaleichthys); Sacramento 
splittail (Pogonichthys macrolepidotus); white sturgeon (Acipenser 
transmontanus); Pacific lamprey (Entosphenus tridentatus); river 
lamprey (Lampetra ayresii); Suisun shrew (Sorex ornatus sinuosus); 
California black rail (Laterallus jamaicensis coturniculus); greater 
sandhill crane (Grus canadensis tabida); Suisun song sparrow (Melospiza 
melodia maxillaries); Swainson's hawk (Buteo swainsoni); tricolored 
blackbird (Agelaius tricolor); western burrowing owl (Athene 
cunicularia hypugaea); western yellow[hyphen]billed cuckoo (Coccyzus 
americanus occidentalis); white-tailed kite (Elanus leucurus); yellow-
breasted chat (Icteria virens); western pond turtle (Actinemys 
marmorata); California linderiella (Linderiella occidentalis); and 
midvalley fairy shrimp (Branchinecta mesovallensis). The proposed 
permit also would include the following two federally listed plant 
species: Soft bird's-beak (Cordylanthus mollis ssp. mollis); and Suisun 
thistle (Cirsium hydrophilum var. hydrophilum).
    If the proposed applications are approved and the permits are 
issued, take authorization of covered listed species would be effective 
at the time of permit issuance. Take of the currently non-listed 
covered species would be authorized concurrent with the species' 
listing under the ESA, should they be listed during the permit period. 
The proposed Plan is intended to be a comprehensive document that would 
provide for projects that protect and restore ecosystem health and 
water supply reliability, to proceed within a stable regulatory 
environment.
    In order to comply with the requirements of the Federal ESA, the 
proposed Plan addresses a number of elements, including: Species and 
habitat goals and objectives; an evaluation of the effects of covered 
activities on covered species, including indirect and cumulative 
effects; a conservation strategy; a monitoring and adaptive management 
program; descriptions of changed circumstances and remedial measures; 
identification of funding sources; and an assessment of alternatives to 
take of listed animal species.
    Activities proposed for incidental take coverage include all Plan 
activities related to the development and operation of water conveyance 
infrastructure; habitat protection, restoration, creation, and 
enhancement; and other conservation measures to address important 
stressors in the aquatic environment. The conservation measures were 
developed to achieve a

[[Page 75941]]

package of landscape[hyphen]scale, natural community, and species 
biological goals and objectives. The conservation measures fall into 
the following categories:
     Construction and operation of new water conveyance 
infrastructure.
     Operation of both existing and new water conveyance 
facilities in the Delta consistent with operational criteria in the 
Plan.
     Protection of existing functioning natural communities 
that are not currently protected.
     Restoration of specific natural communities in areas that 
do not currently support those communities.
     Improvement of existing habitat functions within existing 
natural communities.
     Ongoing management of natural communities and habitat for 
covered species to maximize the ecological function in the lands 
conserved by the Plan over the long term.
     Reduction of the adverse effects on covered fish species 
that result from specific stressors such as predation, toxic 
constituents in water or sediment, and illegal harvest.
    The biological goals of this habitat conservation plan are: (1) To 
minimize and mitigate, to the maximum extent practicable, the effects 
on covered species of the activities proposed in this Plan; and (2) to 
provide for the conservation and management of covered species in the 
Plan Area. Restoration, protection, or enhancement of the following 
natural community types would be undertaken under the proposed Plan: 
Tidal freshwater and brackish emergent wetland; tidal perennial 
aquatic; transitional upland areas; seasonally inundated floodplain; 
channel margin; valley foothill riparian; grassland; vernal pool 
complex; alkali seasonal wetland complex; managed seasonal wetland; 
nontidal perennial emergent wetland and nontidal perennial aquatic; and 
cultivated lands. The Plan also intends to provide public benefits, 
including helping to prevent species from becoming threatened or 
endangered, improving ecosystem health, improving the reliability of 
water supplies, and reducing future risks to the Delta from 
earthquakes, levee failure, and climate change.
    National Environmental Policy Act Compliance
    The National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et 
seq.) requires that Federal agencies conduct an environmental analysis 
of proposed major Federal actions significantly affecting the quality 
of the human environment. The Federal actions for NMFS and FWS are the 
proposed issuance of ESA section 10(a)(1)(B) take permits to the 
Applicants. Reclamation's proposed Federal action is to change 
operation of CVP facilities in the Delta consistent with the BDCP that 
would support implementation of coordinated operation of the CVP with 
the California State Water Project. Reclamation may also make decisions 
regarding wheeling CVP water through new Delta conveyance facilities, 
and implementing habitat restoration and monitoring actions proposed by 
the BDCP that are consistent with Reclamation's regulatory 
requirements, programs, authorities, and appropriations. A joint Draft 
EIR/EIS has been prepared to satisfy NEPA and the California 
Environmental Quality Act (California Public Resources Code, Section 
21000 et seq.). NMFS, FWS, and Reclamation are Federal co-lead agencies 
under NEPA, and the California Department of Water Resources is the 
State lead agency under the California Environmental Quality Act.
    The Draft EIR/EIS analyzes 16 alternatives, including the issuance 
of ITPs/authorizations and implementation of the proposed Plan, which 
is described above. In addition, as required by NEPA, the EIR/EIS 
identifies direct, indirect, and cumulative effects, and possible 
mitigation for those effects, on biological resources, land use, air 
quality, water quality, water resources, socioeconomics, environmental 
justice, cultural resources, and other environmental resources that 
could occur with the implementation of the proposed action and 
alternatives.
    No Action Alternative: Under the No Action Alternative, FWS and 
NMFS would not issue ITPs or incidental take authorizations for 
implementation of the BDCP, and Reclamation would continue to operate 
the CVP consistent with current management direction. As a result, the 
Applicants would likely seek individual incidental take authorization 
as needed for new projects and ongoing operations that would result in 
the take of federally listed species.
    Action alternatives: Four main variables define each of the 15 
action alternatives analyzed in the Draft EIR/EIS:
     Alignment and design of water conveyance (delivery) 
facilities.
     Operational guidelines.
     Water delivery capacity (from 3,000 to 15,000 cubic feet 
per second).
     Acreage of proposed habitat restoration and enhancement.
Public Meeting Information
    Twelve public meetings will be held to provide an overview of the 
project and allow public comment and discussion:
    1. Wednesday, January 15, 2014, 3 p.m. to 7 p.m., Fresno Convention 
and Entertainment Center, 848 M Street, Fresno, CA 93721.
    2. Thursday, January 16, 2014, 3 p.m. to 7 p.m., Four Points by 
Sheraton, 5101 California Avenue, Bakersfield, CA 93309.
    3. Tuesday, January 21, 2014, 3 p.m. to 7 p.m., University Plaza 
Waterfront Hotel, 110 W Fremont Street, Stockton, CA 95202.
    4. Wednesday, January 22, 2014, 3 p.m. to 7 p.m., San Jose 
Marriott, 301 S. Market Street, San Jose, CA 95113.
    5. Thursday, January 23, 2014, 3 p.m. to 7 p.m., Red Lion Hotel, 
1830 Hilltop Drive, Redding, CA 96002.
    6. Tuesday, January 28, 2014, 5 p.m. to 9 p.m., Hilton Garden Inn, 
2200 Gateway Court, Fairfield, CA 94533.
    7. Wednesday, January 29, 2014, 5 p.m. to 9 p.m., Jean Harvie 
Community Center, 14273 River Road, Walnut Grove, CA 95690.
    8. Thursday, January 30, 2014, 3 p.m. to 7 p.m., Sheraton Grand 
Sacramento Hotel, 1230 J Street, Sacramento, CA 95814.
    9. Tuesday, February 4, 2014, 3 p.m. to 7 p.m., Los Angeles 
Convention Center, 1201 S. Figueroa Street, Los Angeles, CA 90015.
    10. Wednesday, February 5, 2014, 3 p.m. to 7 p.m., Ontario 
Convention Center, 2000 E. Convention Center Way, Ontario, CA 91764.
    11. Thursday, February 6, 2014, 3 p.m. to 7 p.m., San Diego 
Convention Center, 111 West Harbor Drive, San Diego, CA 92101.
    12. Wednesday, February 12, 2014, 3 p.m. to 7 p.m., Clarksburg 
Middle School, 52870 Netherlands Road, Clarksburg, CA 95612.

Public Comments

    This notice is provided pursuant to ESA and NEPA, as amended. 
Submitting comments to the email and hard-copy addresses identified in 
the ADDRESSES section of this notice will constitute effective filing 
of the California Environmental Quality Act comments on the EIR portion 
of the EIR/EIS. NMFS, FWS, and Reclamation are furnishing this notice 
to allow other agencies and the public an opportunity to review and 
comment on these documents. All comments received will become part of 
the public record for this action. Comments on the Draft BDCP and/or 
Draft EIR/EIS should be

[[Page 75942]]

submitted to the address listed in the ADDRESSES section of this 
document. Before including your 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 may 
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. Comments submitted to the above address will be reviewed 
and considered by all of the lead agencies.

Next Steps

    The lead agencies will compile and review all public comments on 
the Draft BDCP and Draft EIR/EIS submitted to them prior to preparation 
of a final EIR/EIS. A permit decision by NMFS and FWS and a decision by 
Reclamation on CVP operations consistent with the BDCP, habitat 
restoration, and monitoring actions in the Delta will be made no sooner 
than 30 days after the publication of the final EIR/EIS and completion 
of the Record of Decision. A draft Implementing Agreement is still 
under preparation and will be made available to the public for review 
and comment in early 2014. It will be posted at 
www.baydeltaconservationplan.com as soon as it is available.

    Dated: December 9, 2013.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.

    Dated: December 4, 2013.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, Fish and Wildlife 
Service.

    Dated: December 2, 2013.
Pablo R. Arroyave,
Deputy Regional Director, Mid-Pacific Region, Bureau of Reclamation.
[FR Doc. 2013-29779 Filed 12-11-13; 4:15 pm]
BILLING CODE 3510-22-P; 4310-MN-P; 4310-55-P