[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30706-30708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13670]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Notice of Intent To Adopt U.S. Bureau of Reclamation's December 
2015 Final Environmental Impact Report/Environmental Impact Statement/
Environmental Impact Statement, Prepare Corps Record of Decision, and 
Reimburse the Sponsor for the Upper Truckee River and Marsh Restoration 
Project, City of South Lake Tahoe, El Dorado County, CA

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

ACTION: Notice of intent.

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SUMMARY: The U.S. Army Corps of Engineers (Corps), Sacramento District, 
intends to adopt the Bureau of Reclamation's (BOR) December 2015 Final 
Environment Impact Report (FEIR)/Final Environmental Impact Statement 
(FEIS)/Final Environmental Impact Statement (FEIS) for the Upper 
Truckee River and Marsh Restoration Project and prepare its own Record 
of Decision (ROD) after the public review period for this Notice of 
Intent ends. The Corps will use its Tahoe Section 108 program 
authorization for participation in the restoration activities by 
reimbursing the California Tahoe Conservancy (CTC), the local sponsor, 
for final design, construction, and other applicable activities falling 
under the authorization. During final design and construction, the 
Corps will serve as the lead Federal agency for compliance with the 
National Environmental Policy Act (NEPA), and CTC will serve as the 
lead agency for compliance with the California Environmental Quality 
Act (CEQA) during the final design and construction activities if 
designs need to be modified or the river moves from its current 
alignment prior to design and construction. In the December 2015 Final 
EIR/EIS/EIS, the analysis for this ecosystem restoration project 
evaluated five alternatives to restore aquatic and riparian values and 
functions on the Upper Truckee River's marsh area near its terminus at 
Lake Tahoe, South Lake Tahoe in El Dorado County, CA with selection of 
a preferred alternative to be constructed. The Corps has reviewed the 
draft and Final EIR/EIS/EIS to ensure that all NEPA requirements have 
been met.

DATES: Written comments regarding the scope of the Corps adoption of 
the BOR's FEIR/FEIS/FEIS, preparation of the Corps ROD, and 
reimbursement to CTC should be received by the Corps on or before July 
30, 2018.

ADDRESSES: Send written comments and suggestions to Mr. Mario Parker, 
Biological Sciences Study Manager, U.S. Army Corps of Engineers, 
Sacramento District, 1325 J Street, Sacramento, CA 95814, or email him 
at [email protected], or telephone (916) 557-6701, or fax 
(916) 557-7856.

SUPPLEMENTARY INFORMATION:
    1. Proposed Action. The Corps in cooperation with the non-Federal 
sponsor, the CTC, proposes to adopt the BOR's December 2015 FEIR/FEIS/
FEIS, prepare its own ROD, and reimburse CTC on the final design and 
construction of the restoration features at the Upper Truckee River and 
Marsh Restoration Project in South Lake Tahoe, in Eldorado County, CA. 
Reimbursement for the construction of the ecosystem restoration project 
is authorized by the Tahoe 108 program authority, which is Section 108 
of the Energy and Water Development Appropriations Act, 2005 (Division 
C of the Consolidated Appropriations Act, Pub. L. 108-447). The 
relevant authority from the 2005 Consolidated Appropriations Act 
excerpted is stated below:
    Sec. 108. Lake Tahoe Basin Restoration, Nevada and California. (a) 
Definition.--In this section, the term ``Lake Tahoe Basin'' means the 
entire watershed drainage of Lake Tahoe including that portion of the 
Truckee River 1,000 feet downstream from the United States Bureau of 
Reclamation dam in Tahoe City, California.
    (b) Establishment of Program.--The Secretary [of the Army] may 
establish a program for providing environmental assistance to non-
Federal interests in Lake Tahoe Basin.
    (c) Form of Assistance.--Assistance under this section may be in 
the form of planning, design, and construction assistance for water-
related environmental infrastructure and resource protection and 
development projects in Lake Tahoe Basin, which could include the 
following:
    (1) Urban stormwater conveyance, treatment and related facilities;
    (2) watershed planning, science and research;
    (3) environmental restoration; and
    (4) surface water resource protection and development.

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    (d) Public Ownership Requirement.--The Secretary [of the Army] may 
provide assistance for a project under this section only if the project 
is publicly owned.
    (e) Local Cooperation Agreement.--(1) In general.--Before providing 
assistance under this section, the Secretary shall enter into a local 
cooperation agreement with a non-Federal interest to provide for design 
and construction of the project to be carried out with the assistance.
    (2) Requirements.--Each local cooperation agreement entered into 
under this subsection shall provide for the following:
    (A) Plan.--Development by the Secretary [of the Army], in 
consultation with appropriate Federal and State and Regional officials, 
of appropriate environmental documentation, engineering plans and 
specifications.
    (B) Legal and institutional structures.--Establishment of such 
legal and institutional structures as are necessary to ensure the 
effective long-term operation of the project by the non-Federal 
interest.
    (3) Cost sharing.--
    (A) In general.--The Federal share of project costs under each 
local cooperation agreement entered into under this subsection shall be 
75 percent. The Federal share may be in the form of grants or 
reimbursements of project costs.
    (B) Credit for design work.--The non-Federal interest shall receive 
credit for the reasonable costs of planning and design work completed 
by the non-Federal interest before entering into a local cooperation 
agreement with the Secretary for a project.
    (C) Land, easements, rights-of-way, and relocations.--The non-
Federal interest shall receive credit for land, easements, rights-of-
way, and relocations provided by the non-Federal interest toward the 
non-Federal share of project costs (including all reasonable costs 
associated with obtaining permits necessary for the construction, 
operation, and maintenance of the project on publicly owned or 
controlled land), but not to exceed 25 percent of total project costs.
    (D) Operation and maintenance.--The non-Federal share of operation 
and maintenance costs for projects constructed with assistance provided 
under this section shall be 100 percent.
    (F) Applicability of Other Federal and State Laws.--Nothing in this 
section waives, limits, or otherwise affects the applicability of any 
provision of Federal or State law that would otherwise apply to a 
project to be carried out with assistance provided under this section.
    (G) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section for the period beginning with 
fiscal year 2005, $25,000,000, to remain available until expended.
    2. Alternatives. The study's Draft 2013 EIR/EIS/EIS evaluated five 
ecosystem restoration alternatives and selected Alternative 3, the 
Middle Marsh Corridor (Moderate Recreation Infrastructure), for the 
restoration element and recreation element of the west side of the 
Upper Truckee Marsh, as well as Alternative 5 (No Project) for the 
recreation element of the east side of the Upper Truckee Marsh, as the 
preferred alternative because it was considered the most 
environmentally superior, cost-effective, feasible, responsive to 
public comments, and resilient to potential impacts of climate change.
    The selected alternative proposes the most geomorphically 
appropriate channel configuration, allowing the pilot channel to 
strategically connect the current river alignment to historic channels 
and lagoons. The river would form its own pattern and spread over the 
expanse of the marsh, resulting in substantial benefits to habitats, 
wildlife, and long-term water quality. However, the preferred 
alternative could have a long-term, and significant unavoidable impact 
to fish passage through the project area during low flow periods if 
channel disconnectivity occurs.
    The selected alternative also includes restoration of a portion of 
a marina, removal of fill placed during development to restore wet 
meadow, stabilization of streambanks, modification and/or relocation of 
two existing stormwater discharge locations, and restoration of sand 
ridges that were graded and leveled. The selected alternative would 
provide a moderate level of recreation infrastructure along the west 
side of the Upper Truckee Marsh that would include a modified American 
with Disabilities Act (ADA)-accessible pedestrian trail to Cove East 
Beach, viewpoints, and signage.
    The preferred alternative would have short-term and interim impacts 
on water quality from increased turbidity and would have short-term 
impacts to sensitive habitats and wildlife during construction. It 
would also have short-term and interim impacts on water quality that 
could not be avoided because of the strict turbidity criteria used to 
determine a significant and unavoidable impact and to sensitive 
habitats and wildlife.
    In compliance with NEPA and CEQA, a combination of best management 
practices and conservation measures would be used and included in the 
designs to avoid, reduce, and minimize any significant adverse effects 
on environmental resources that were identified in the December 2015 
FEIR/FEIS/FEIS while meeting requirements for various Federal, State, 
and local statutes. The project is being designed to restore ecosystem 
values and riparian and fluvial functions that benefit many seasonal 
and resident fish and wildlife populations including Federally listed 
species such as the Lahontan cutthroat trout and species of concern 
such as willow flycatcher and Tahoe yellow-cress.
    3. Scoping Process.
    A. Two public scoping meetings were held on February 27, 2015, at 
the Inn by the Lake and on March 28, 2015, at the Lake Tahoe Community 
College Board Room in South Lake Tahoe, CA.
    B. CTC will obtain all Federal, State, TRPA, and all other local 
permits prior to construction.
    C. A 30-day review period will be allowed for all interested 
agencies and individuals to review and comment on the Corps' intention 
to adopt the BOR's December 2015 FEIR/FEIS/FEIS, preparation of its own 
ROD, and reimbursement for design and construction of the restoration 
project. All interested persons are encouraged to respond to this 
notice and provide a current address if they wish to be contacted about 
the adoption and reimbursement for construction activities associated 
with this ecosystem restoration project.
    D. In compliance with the Council of Environmental Quality 
regulations [46 FR 18026] and [40 CFR 1506.3(b)], the BOR's December 
2015 Final EIR/EIS/EIS document is recirculated and can be viewed in a 
link on the Corps website. This environmental document is being re-
circulated for procedural purposes. The selected plan remains a 
combination of Alternative 3, the Middle Marsh Corridor (Moderate 
Recreation Infrastructure), and Alternative 5 (No Project), as 
described in detail in the environmental document as the preferred 
plan. This Notice of Intent informs the reader on what the proposed 
Federal action is and complies with the National Environmental Policy 
Act, by allowing the public to provide comments on the Corps intention 
to adopt the BOR's December 2015 FEIR/FEIS/FEIS, preparation of the 
Record of Decision, and to reimburse CTC for those activities falling 
under the Tahoe Section 108 authority.
    4. Availability. The Corps is publishing this Notice of Intent for 
30-day public review and comment beginning on June 29, 2018. To view 
the

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BOR's draft and final environmental documents, go to this web address: 
http://www.spk.usace.army.mil/Media/USACE-Project-Public-Notices/. No 
supplemental environmental documents for review are anticipated.

    Dated: June 14, 2018.
David G. Ray,
Colonel, U.S. Army, District Commander.
[FR Doc. 2018-13670 Filed 6-28-18; 8:45 am]
 BILLING CODE 3720-58-P