[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Notices]
[Pages 19320-19322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06431]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-NWRS-2023-N003; FXRS12610800000-223-FF08RSDC00]


Final Environmental Impact Statement/Environmental Impact Report 
for Tijuana Estuary Tidal Restoration Program II Phase I

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; final environmental impact statement/
environmental impact report.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of a final environmental impact statement/environmental 
impact report (FEIS/EIR) for the Tijuana Estuary Tidal Restoration 
Program II Phase I project. The FEIS/EIR was prepared jointly by the 
Service and the California Department of Parks and Recreation to 
satisfy the requirements of the National Environmental Policy Act 
(NEPA) and California Environmental Quality Act, respectively. The U.S. 
Army Corps of Engineers is participating in the NEPA process as a 
cooperating agency. The FEIS/EIR evaluates the environmental 
consequences of restoring 82 to 87 acres of native coastal wetlands and 
uplands within the Tijuana River National Estuarine Research Reserve on 
portions of both the Tijuana Slough National Wildlife Refuge and Border 
Field State Park, in San Diego County, California.

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DATES: The Service will issue a record of decision no sooner than 30 
days after publication of this notice of availability of the FEIS/EIR 
in the Federal Register.

ADDRESSES: Document Availability: You may view or download the FEIS/EIR 
by the following methods:
     Internet: https://trnerr.org/about/public-notices/.
     In Person: Subject to any restrictions imposed in response 
to public health issues, you may view the FEIS/EIR at the following 
location (call to verify office hours before traveling to the site).
    [cir] Tijuana Estuary Visitor Center, 301 Caspian Way, Imperial 
Beach, CA 91932 (closed Mondays and Tuesdays); telephone 619-575-3613.

FOR FURTHER INFORMATION CONTACT: Victoria Touchstone, Conservation 
Planner, at 760-431-9440, extension 273 (phone), or 
[email protected] (email). Individuals in the United States 
who are deaf, deafblind, hard of hearing, or have a speech disability 
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications 
relay services. Individuals outside the United States should use the 
relay services offered within their country to make international calls 
to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Project Location

    The project site, which encompasses approximately 90 acres (ac), is 
located within the southern arm of the Tijuana Estuary, just to the 
east of the Pacific Ocean, in southwestern San Diego County, 
California. The project site includes portions of both the Tijuana 
Slough National Wildlife Refuge and Border Field State Park and is 
located entirely within the Tijuana River National Estuarine Research 
Reserve.

Background

    The Tijuana Estuary, located in the southwest corner of the United 
States in San Diego County, California, occurs at the western terminus 
of the Tijuana River, which drains an approximately 1,700-square-mile 
watershed, a large portion of which is located within Mexico. Despite 
recent changes to the upstream watershed, including an increase in the 
flow of contaminated freshwater inputs and sedimentation, the Tijuana 
Estuary remains the largest and most intact coastal wetland in the 
region, supporting habitat for resident and migratory wildlife and 
native plants, including many sensitive, threatened, and endangered 
species.
    It is estimated that in the 1800s, Tijuana Estuary included over 
2,500 ac of estuarine wetland and high marsh. Since then, the estuary 
has experienced an approximately 50 percent decrease in subtidal and 
mudflat habitat and a 42 percent decrease in salt marsh. In addition, 
extensive loss of tidal prism (the volume of water coming and going 
with the tides) has occurred. This degradation in the southern arm of 
Tijuana Estuary served as the primary motivation for the initiation of 
Tijuana Estuary Tidal Restoration Program (TETRP), an extensive 
restoration proposal developed in the early 1990s.
    The TETRP proposal included a multi-phased 495-ac restoration 
project in the estuary's southern arm, along with a proposed Model 
Marsh and Oneonta Tidal Linkage project (both of which have been 
implemented). The final environmental impact statement/environmental 
impact report (FEIR/EIS) for the original TETRP proposal was completed 
in 1991. Based on updated research and analysis, the TETRP restoration 
proposals were refined in 2008 as part of the Tijuana Estuary 
Friendship Marsh Restoration Feasibility and Design Study. The TETRP II 
Phase I project, which proposes the restoration of 82 to 87 acres of 
coastal wetlands and associated native coastal upland vegetation, is 
the first phase of this 2008 multi-phased restoration project.

National Environmental Policy Act

    In compliance with the National Environmental Policy Act (NEPA; 42 
U.S.C. 4321 et seq.), the Service has prepared a FEIS/EIR that 
describes the project setting and restoration planning history for the 
Tijuana Estuary and analyzes the environmental consequences of each 
alternative, including the effects of those alternatives when combined 
with reasonably foreseeable future actions and environmental trends, to 
determine if significant impacts to the human environment would occur. 
Three alternatives are analyzed in detail and at an equal level of 
detail in the FEIS/EIR: two action alternatives and a no action/no 
project alternative. The primary differences between the two action 
alternatives are the amount of intertidal mudflat restored versus salt 
marsh habitat, the total acreage of restored versus preserved habitats, 
and the number of connections provided to existing tidal channels.
    Common features include restoration of predominantly disturbed 
portions of the southern arm of Tijuana Estuary to tidal wetlands, 
tidal channel enhancements, and new intertidal channel connections to 
restored habitat areas and the existing Model Marsh, incorporation of 
transitional habitat areas into the restoration design, and river mouth 
excavation, as needed, to ensure continued tidal exchange within the 
estuary. Additionally, both action alternatives propose the beneficial 
reuse of suitable excavated material for beach nourishment, development 
and maintenance of adjacent coastal barrier dunes, and/or restoration 
of the Nelson Sloan Quarry, located approximately 3 miles to the east 
within the Tijuana River Valley. Excavated material not suitable for 
these purposes would be transported off site to the Otay Landfill or 
another suitable disposal site.
    Alternative 1--Alternative 1, which includes 86.8 ac, was designed 
to maximize deeper intertidal habitats, such as mudflat, and to 
increase tidal prism in the southern arm of the estuary. A network of 
intertidal channels would connect with existing tidal channels and the 
mouth of the Tijuana River. The primary tidal connection would be the 
existing South Beach Slough, which would be made deeper. A smaller 
tidal connection would be provided to the existing Old River Slough, 
where the adjacent vegetated marsh habitat would be preserved. 
Excavation to restore wetland habitats would generate approximately 
585,000 cubic yards (cy) of sediment, with approximately 5,000 cy to be 
used to establish higher elevation transitional areas within the 
restoration footprint.
    Alternative 2 (Preferred Alternative)--Alternative 2, identified in 
the FEIS/EIR as the preferred alternative, includes a restoration 
footprint of approximately 83.6 ac and proposes to restore 
approximately 82.5 ac of wetland habitats from primarily disturbed 
upland habitat, while preserving 1.1 ac of transitional and upland 
habitat within the northern portion of the project site. The restored 
habitats would generally be located in and around the Model Marsh. A 
system of tidal channels would be established, with connections to 
existing tidal channels at three points, including two along the South 
Beach Slough and one at the Old River Slough. South Beach Slough would 
be deepened to increase tidal flows into the proposed restoration area, 
and transition zone habitat would be restored along the southern 
portion of the restoration area and intermittently around the perimeter 
of Model Marsh. Excavation would generate approximately 521,000 cy of 
material, with approximately 7,000 cy to be used on site to establish 
higher elevation transitional areas. As described for Alternative 1, 
the remainder of excavated soil would either be beneficially reused for 
beach

[[Page 19322]]

nourishment or transported off site for beneficial reuse at other 
project sites or to the landfill for disposal.
    No Action Alternative--Under the No Action Alternative, restoration 
of the estuary would not be implemented. No removal of soil or 
vegetation would occur to restore or establish habitat within the 
project site. New or widened channel connections would not be 
implemented. Periodic removal of sand from the estuary's river mouth 
could continue to occur under separate approvals, but activities would 
be restricted to the river mouth and would not extend into the estuary.

EPA's Role in the EIS Process

    Pursuant to the Council on Environmental Quality (CEQ) NEPA 
Regulations (40 CFR 1506.11), the U.S. Environmental Protection Agency 
(EPA) shall publish a notice of all EISs in the Federal Register. The 
EPA published notification of the DEIS/EIR in the Federal Register on 
August 19, 2022 (87 FR 51090).
    Pursuant to section 309 of the Clean Air Act (CAA; 42 U.S.C. 7401 
et seq.), NEPA, and the CEQ NEPA Regulations (40 CFR 1503.2), the EPA 
also reviewed and publicly commented on anticipated environmental 
impacts described in the DEIS/EIR. The EPA's comments, which are 
provided in Appendix D of the FEIS/EIR, focused primarily on three 
topics: (1) the need to develop, in coordination with the Southern 
California Dredged Material Management Team, additional information 
about the suitability of excavated sediments for placement at nearby 
beaches; (2) a request for additional information regarding the ongoing 
tribal consultation process for the project; and (3) a request for 
additional information to support the conclusions related to 
environmental justice. Responses to EPA's specific comments are also 
provided in Appendix D of the FEIS/EIR, and additional supporting 
documentation requested by the EPA has been incorporated into the 
appropriate sections of the FEIS/EIR.
    In addition to this notice of availability, the EPA will also 
publish a notice in the Federal Register announcing the completion of 
the FEIS. A Record of Decision identifying the alternative selected for 
implementation will be published no sooner than 30 days after the EPA 
announces the availability of the FEIS in the Federal Register.
    The EPA compiles a repository (EIS database) for EISs prepared by 
Federal agencies. The EIS database provides information about EISs 
prepared by Federal agencies, as well as EPA's comments concerning the 
EISs. You may search for EPA comments on EISs, along with EISs 
themselves, at https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.

NEPA Compliance

    On May 27, 2021, the Service published a notice of intent in the 
Federal Register (86 FR 28638) to prepare an EIS/EIR for the TETRP II 
Phase I project. The notice of availability of the draft EIS/EIR for 
public review and comment was published in the Federal Register on 
August 19, 2022 (87 FR 51124). A total of six comment letters were 
received during the public comment period for draft EIS/EIR. Commenters 
included the EPA, California Department of Fish and Wildlife, County of 
San Diego, San Diego Audubon Society, and two members of the public. In 
accordance with 40 CFR 1502.17(b), chapter 8 of the FEIS/EIR includes a 
summary presenting all alternatives, information, and analyses 
submitted by State, Tribal, and local governments and other public 
commenters for consideration by the lead and cooperating agencies in 
developing the FEIS. The comment letters and responses are provided in 
Appendix D of the FEIS/EIR. The responses indicate where additional 
information has been included in the FEIS/EIR in response to the 
comments received. The FEIS/EIR is available for public viewing (see 
ADDRESSES).

Authority

    We provide this notice in accordance with the requirements of 
National Environmental Policy Act and its implementing regulations (40 
CFR 1503.1 and 1506.6).

Jill Russi,
Acting Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-06431 Filed 3-30-23; 8:45 am]
BILLING CODE 4333-15-P