Notice of Intent To Prepare an Integrated Environmental Impact Statement/Environmental Impact Report/Feasibility Report for the South San Francisco Bay Shoreline Study: Alviso Ponds and Santa Clara County Interim Feasibility Study, 924-927 [06-102]
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Provisions for Federal Highway
Administration (FHWA) that ‘‘funds
made available under this section may,
at the request of a State, be transferred
by the Secretary to another Federal
agency to carry out a project funded
under this section, such funds to be
then administered by the procedures of
the Federal agency to which such funds
may be transferred’’. Pursuant to this
provision, FHWA transferred the
funding to the Huntington District U.S.
Army Corps of Engineers to execute the
project. FHWA will participate in the
EIS development as a cooperating
agency.
c. An evaluation of current and
reasonably foreseeable future recreation
demands of the region that could be
served by the Fishtrap Project will be
conducted within this study. Pike
County has long been interested in
development of the recreation potential
of the Project as a means to diversify the
region’s predominately coal extractionbased economy. Inundation to create
Fishtrap Lake affected access of certain
communities adjacent to the project. An
array of acceptable recreation
alternatives as well as community
access needs will provide the basis for
road alternatives.
d. Alternatives to be considered will
include the No Action alternative, or no
road development; and alternatives
formulated to address the results of the
assessments of recreational needs and
community access with input through
internal and external scoping.
William E. Bulen,
Colonel, Corps of Engineers, District Engineer,
Huntington.
[FR Doc. 06–101 Filed 1–5–06; 8:45 am]
BILLING CODE 3710–GM–M
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
DEPARTMENT OF THE INTERIOR
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Fish and Wildlife Service
Notice of Intent To Prepare an
Integrated Environmental Impact
Statement/Environmental Impact
Report/Feasibility Report for the South
San Francisco Bay Shoreline Study:
Alviso Ponds and Santa Clara County
Interim Feasibility Study
Department of the Army, U.S.
Army Corps of Engineers; Department of
Defense; U.S. Fish and Wildlife Service,
Department of the Interior.
ACTION: Notice of intent.
AGENCY:
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SUMMARY: Pursuant to the National
Environmental Policy Act (NEPA) of
1969, as amended, the U.S. Army Corps
of Engineers (Corps) and the U.S. Fish
and Wildlife Service (USFWS) intend to
prepare a joint project-level integrated
Environmental Impact Statement (EIS)/
Environmental Impact Report (EIR)/
Feasibility Report, hereafter called the
Report, to address the potential impacts
of the first Interim Feasibility Study
component of the South San Francisco
Bay Shoreline Study, San Francisco
Bay, CA. This study is closely
interrelated with the ongoing South Bay
Salt Ponds Restoration Project,
discussed in the Notice of Intent dated
November 9, 2004. It will function as a
project-level EIS/EIR tiered under that
programmatic EIS/EIR and will be
issued subsequently to the
programmatic document. The California
State Coastal Conservancy
(Conservancy) will be the lead agency
under the California Environmental
Quality Act (CEQA).
Federal Lead Agencies Proposed
Actions and Related Programmatic EIS/
EIR. The Corps, in cooperation with the
USFWS, is proposing to study flood
protection and ecosystem restoration for
the Alviso portion of the South San
Francisco Bay (South Bay) Salt Ponds
and adjacent areas to determine whether
there is a federal interest in constructing
a project with flood protection and/or
ecosystem restoration components in
this area, and if so, to determine the
optimum project to recommend to
Congress for authorization. The Report
will recommend a plan which will
provide for long-term restoration for
these salt ponds and adjacent areas as
well as flood protection and recreation
components, if these actions are
justified under Federal criteria. The
Report and its alternatives will be tiered
to the programmatic EIS/EIR for the
South Bay Salt Ponds Restoration
Project.
One public scoping meeting will be
held to solicit comments on the
environmental effects of the range of
potential projects and the appropriate
scope of the Report. The public is
invited to comment during this meeting
on environmental issues to be addressed
in the Report.
DATES: Written comments from all
interested parties are encouraged and
must be received on or before February
7, 2006.
ADDRESSES: Written comments and
requests for information should be sent
to Yvonne LeTellier, Project Manager,
U.S. Army Corps of Engineers, 333
Market Street, 8th Floor, San Francisco,
CA 94105–2197, or to Mendel Stewart,
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Refuge Manager, U.S. Fish and Wildlife
Service, San Francisco Bay NWR
Complex, P.O. Box 524, Newark, CA
94560.
FOR FURTHER INFORMATION CONTACT:
Yvonne LeTellier, Project Manager, U.S.
Army Corps of Engineers (415–977–
8466) or Mendel Stewart, Refuge
Manager, U.S. Fish and Wildlife
Service, San Francisco Bay NWR
Complex (510–792–0222). For questions
concerning the CEQA aspects of the
study, contact Brenda Buxton,
California State Coastal Conservancy,
1330 Broadway, 11th Floor, Oakland,
CA 94612, telephone: 510–286–0753.
On
November 9, 2004, the USFWS and the
Corps issued a Notice of Intent for the
proposed South Bay Salt Ponds
Restoration Project programmatic EIS/
EIR. The Corps and the USFWS propose
to integrate the planning process for the
Alviso Pond and Santa Clara County
Interim Feasibility Study component of
the South San Francisco Bay Shoreline
Study with the planning process for the
South Bay Salt Ponds Restoration
Project. The two projects include
ecosystem restoration, flood protection,
and public access components.
However, the current Interim Feasibility
Study is a project-level component of
the South Bay Salt Pond Restoration
Study and it will be tiered to the abovementioned programmatic EIS/EIR. This
Interim Feasibility Study and the Report
to be prepared will only cover a portion
of the larger geographic area addressed
in the South Bay Salt Ponds
programmatic EIS/EIR.
Project Description. South Bay Salt
Ponds Restoration Project. The South
Bay Salt Ponds Restoration Project area
comprises 15,100 acres of salt ponds
and adjacent habitants in South San
Francisco Bay the USFWS and
California Department of Fish and Game
(CDFG) acquired from the Cargill Salt
Company in 2003. USFWS owns and
manages the 8,000-acre Alviso pond
complex and the 1,600-acre
Ravenswood pond complex. CDFG
owns and manages the 5,500-acre Eden
Landing pond complex.
The oversearching goal of the South
Bay Salt Ponds Restoration Project is to
restore and enhance wetlands in the
South San Francisco Bay while
providing for flood protection and
wildlife-oriented public access and
recreation. The following project
objectives were adopted by the South
Bay Salt Ponds Restoration Project’s
Stakeholder Forum which includes
representatives of local governments,
environmental organizations,
SUPPLEMENTARY INFORMATION:
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neighboring landowners, businesses,
and community organizations:
1. Create, restore, or enhance habitats
of sufficient size, function, and
appropriate structure to:
a. Promote restoration of native
special-status plants and animals that
depend on South San Francisco Bay
habitat for all or part of their life cycles.
b. Maintain current migratory bird
species that utilize existing salt ponds
and associated structures such as levees.
c. Support increased abundance and
diversity of native species in various
South San Francisco Bay aquatic and
terrestrial ecosystem components,
including plants, invertebrates, fish,
mammals, birds, reptiles and
amphibians.
2. Maintain of improve existing levels
of flood protection in the South Bay
area.
3. Provide public access and
recreational opportunities compatible
with wildlife and habitat goals.
4. Protect or improve existing levels of
water and sediment quality in the South
Bay, and fully evaluate ecological risks
that could be caused by restoration.
5. Implement design and management
measures to maintain or improve
current levels of vector management,
control predation on special-status
species, and manage the spread of nonnative species.
6. Protect the services provided by
existing infrastructure (e.g., power lines,
railroads).
USFWS and CDFG reviewed the
proposed project objectives to ensure
compliance with legal mandates, such
as compatibility of wildlife with public
access. Two additional evaluation
factors were identified in the
Alternatives Development Framework
for comparative analysis:
7. Cost Effectiveness: Consider costs
of implementation, management, and
monitoring so that planned activities
can be effectively executed with
available funding.
8. Environmental Impact: Promote
environmental benefit and reduce
impacts to the human environment.
The South Bay salt ponds are now
being managed by the U.S. Fish and
Wildlife Service and the California
Department of Fish and Game under an
Initial Stewardship Plan which was
evaluated in a March 2004 Final EIS/
EIR. The long-term restoration plan
currently under evaluation in the
ongoing programmatic NEPA/CEQA
process may include general plans for
the entire project area as well as
detailed design plans for a specific
Phase I project.
South San Francisco Bay Shoreline
Study. The Corps plans to prepare a
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Feasibility Report integrated with
anfsalt ponds of EIS/EIR for the South
San Francisco Bay Shoreline Study:
Alviso Ponds and Santa Clara County
Interim Feasibility Study, pursuant to
the following resolution by the U.S.
House of Representatives Transportation
and Infrastructure Committee, adopted
July 24, 2002:
‘‘Resolved by the Committee on
Transportation and Infrastructure of the
United States House of Representatives, that
the Secretary of the Army is requested to
review the Final Letter Report for the San
Francisco Bay Shoreline Study, California,
dated July 1992, and all related interims and
other pertinent reports to determine whether
modifications to the recommendations
contained therein are advisable at the present
time in the interest of tidal and fluvial flood
damage reduction, environmental restoration
and protection and related purposes along
the South San Francisco Bay shoreline for the
counties of San Mateo, Santa Clara and
Alameda, California.’’
The South San Francisco Bay
Shoreline Study area extends along
South San Francisco Bay and includes
the Alviso, Ravenswood, and Eden
Landing pond complexes which are
described above, as well as additional
shoreline and floodplain areas in the
counties of Alameda, San Mateo, and
Santa Clara. The Report referenced in
this Notice of Intent would propose
implementation of the findings of the
first Interim Feasibility Study
component of the Shoreline Study.
The area to be examined in the first
Interim Study consists of 25 ponds in
the Alviso pond complex on the shores
of the South Bay in Fremont, San Jose,
Sunnyvale and Mountain View, located
in Santa Clara and Alameda counties,
plus substantial adjacent areas which
may need flood protection or which
may be affected by flood protection or
ecosystem restoration measures. The
study area is bordered by San Francisco
Bay and the operational salt ponds of
Alameda County to the north and San
Francisquito Creek on the west. To the
south and east, the study area extends
beyond the salt ponds to include all
lands subject to inundation from a 100year tidal flooding event. These
additional lands are primarily urbanized
areas in Palo Alto, Mountain View,
Sunnyvale, and San Jose to the south,
and urbanized lands in Milpitas and
Fremont to the east. These lands are
generally delineated on maps which are
on file with the Corps of Engineers, San
Francisco District. During the course of
the study the exact delineation of which
lands are subject to tidal inundation
may be modified based on technical
studies.
The Corps proposes to conduct the
South San Francisco Bay Shoreline
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925
Study: Alviso Ponds and Santa Clara
County Interim Feasibility Study in
coordination with the South Bay Salt
Ponds Restoration Project and in
partnership with the USFWS, CDFG,
Conservancy, and the Santa Clara Valley
Water District. It is expected that the
Corps’s Report for the first Interim
Feasibility Study component of the
Shoreline Study will be released after
the completion of the South Bay Salt
Ponds Restoration Project programmatic
EIS/EIR, so the EIS/EIR components of
the Report for the Shoreline Study will
tier off from the joint programmatic
South Bay Salt Ponds EIS/EIR.
Public Involvement. The public
scoping meeting will be held on
Wednesday, January 25, 2006 at the
Milpitas Library Community Room
located at 40 North Milpitas Blvd.,
Milpitas, CA 95035 (408–262–1171),
from 5:30–8:30 p.m. Persons needing
reasonable accommodation in order to
attend and participate in the public
scoping meeting should contact Bill
DeJager at 415–977–8670 at least one
week in advance of the meeting to allow
time for arrangements to be made.
Written comments may be sent to the
addresses indicated in the Addresses
section above, by facsimile to 415–977–
8695, or via e-mail through the public
comments link on the South Bay Salt
Ponds Restoration Project Web site,
located at https://
www.southbayrestoration.org/
Question_Comment.html. All comments
received, including names and
addresses, will become part of the
administrative record and will be
available to the public unless
commenters request that this
information not be released.
Alternatives. The Report will consider
a range of alternatives and their impacts,
including the No Action Alternative.
Scoping will be an early and open
process designed to determine the
issues and alternatives to be addressed
in the Report. For example, the range of
alternatives may include varying mixes
of managed ponds and tidal marsh
habitat, varying levels and means of
flood protection, and varying levels and
means of recreation and public access
components which respond to the
Shoreline Study objectives.
Content of the Report. The Report will
identify the anticipated effects of the
project alternatives (detrimental and
beneficial) and describe and analyze
direct, indirect, and cumulative
environmental impacts of the project
alternatives, including the No Action
Alternative, in accordance with NEPA
(40 CFR 1500–1508) and CEQA. For
each issue listed below, the EIS/EIR will
include discussion of: The parameters
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used in evaluating the impacts as well
as recommended mitigation; the
effectiveness of mitigation measures
proposed to be implemented; and any
additional measures that would reduce
the impacts to a less-than-significant
level.
The list of issues presented below is
preliminary both in scope and number.
These issues are presented to facilitate
public comment on the scope of the
Report, and are not intended to be allinclusive or a predetermination of
impact topics to be considered.
Biological Resources. The Report will
address the following issues and
potential detrimental and beneficial
impacts related to biological resources:
• Effects on population sizes of
endangered species and other species of
concern, including California clapper
rail, snowy plover, California least tern,
salt marsh harvest mouse, Chinook
salmon and steelhead trout.
• Shift in populations and effects on
population sizes of migratory waterfowl
and shorebirds.
• Increased habitat connectivity for
all organisms that use multiple marsh
and/or aquatic habitats, including birds,
mammals, and fish.
• Potential for improved habitat
connectivity with adjacent upland
habitats.
• Potential loss of hypersaline
wetlands and their unique communities.
• Reduction in predation for species
of concern with larger habitat blocks.
• Increased nursery habitat in
wetlands for fish.
• Potential for salmonid entrainment
into managed ponds.
• Effects of Spartina alterniflora and
the hybrids of this species, and other
invasive species.
• Effects of flood control structures
on existing ecosystem attributes and
functions including acquatic and
terrestrial species.
• Effects of public access and
recreation on aquatic and terrestrial
species.
Hydrology and Flood Protection. The
Report will address the following issues
and potential detrimental and beneficial
impacts related to hydrology and flood
protection:
• Existing and future without-project
tidal flood hazards as affected by fluvial
inputs.
• Effects on the tidal regime and tidal
mixing from project components, and
related effects on salinity of Bay waters.
• Effects on high-tide water levels
and resulting effects on flood hazards.
• Changes in tidal hydrodynamics,
including tidal prism and tidal range in
tidal sloughs, resulting changes in
channel geometry and changes in tidal
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flood risks (including during project
implementation).
• Effects on flood flow conveyance as
a result of converting salt ponds to tidal
marsh.
• Potential decrease in wave energy
associated with tidal marsh restoration
and reduced erosion of flood protection
levees.
• Impacts on tidal flooding frequency
and extent, and flood protection due to
breaches in salt pond levees,
improvement of existing levees, and
construction of new levees.
• Impacts on groundwater quality.
Water and Sediment Quality. The
Report will address the following issues
and potential detrimental and beneficial
impacts related to water and sediment
quality:
• Effects of salt pond levee breaches,
including changes in salinity, turbidity,
dissolved oxygen, biochemical and
biological oxygen demand, metals,
polychlorinated biphenyls (PCBs), and
other pollutants of concern.
• Changes in residence time of water
in the South Bay and related effects on
water quality.
• Changes in mercury and/or methyl
mercury concentrations, and other
pollutants of concern, in Bay and slough
waters.
• Potential to mobilize existing
sediment contaminants, including
mercury, PCBs, and other pollutants of
concern.
• Potential contamination from
outside sources, including urban runoff,
wastewater discharges, imported
sediment and atmospheric deposition.
Recreation and Public Access. The
Report will address the project’s effects
on existing recreation facilities and their
use as well as the potential effects of
expansion or creation of new facilities.
The benefits and impacts of increased or
decreased public access on biological
resources and achievement of other
project objectives will also be
addressed.
Economics. The Report will evaluate
the economic effects of the alternatives,
including costs and benefits of flood
protection, recreation, and effects on
commercial fishing.
Cumulative Impacts. The Report will
examine the cumulative impacts of past,
ongoing, and reasonably foreseeable
future projects affecting tidal marsh and
estuarine habitats in the South Bay, as
well as effects on adjacent urban and
rural lands and communities.
Environmental Analysis Process. The
Report will be prepared in compliance
with NEPA and Council on
Environmental Quality Regulations,
contained in 40 CFR parts 1500–1508,
and with CEQA, Public Resources Code
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Sec 21000 et seq. and the CEQA
Guidelines as amended. Because
requirements for NEPA and CEQA are
somewhat different, the document must
be prepared to comply with whichever
requirements are more stringent. The
Corps and the USFWS will be Joint Lead
Agencies for the NEPA process and the
Conservancy will be the Lead Agency
for the CEQA process. In accordance
with both CEQA and NEPA, these Lead
Agencies are responsible for the scope,
content, and legal adequacy of the
document. The SCVWD will be a
Responsible Agency under the
provisions of CEQA. Therefore, all
aspects of the Report scope and process
will be fully coordinated between these
four agencies.
The scoping process will include the
opportunity for public input during one
public meeting and by written
comments submitted during the 30-day
scoping period.
The draft Report will address public
concerns associated with the issues
identified in the scoping process and in
subsequent public involvement and will
be distributed for at least a 45-day
public review and comment period.
During this time, both written and
verbal comments will be solicited on the
adequacy of the draft Report. The final
Report will address the comments
received on the draft during public
review and will be made available to all
commenters on the draft Report. Copies
of the draft and final reports will be
posted on the Internet as part of the
public review process.
The final step in the NEPA process is
the preparation of a Record of Decision
(ROD). This document is a concise
summary of the decisions made by the
Corps and the USFWS. The ROD will
identify the alternative selected by the
agencies and other alternatives that
were considered. It also will discuss the
mitigation measures that were adopted.
Because there re two lead agencies, it is
possible that each agency will prepare
its own ROD.
The Record, or Records, of Decision
may be published no earlier than thirty
days after publication of the Notice of
Availability of the final EIS/EIR. The
final step in the CEQA process is
certification of the CEQA document,
which includes preparation of a
Mitigation, Monitoring, and Reporting
Plan and adoption of its findings,
should the project be approved.
This notice is provided pursuant to
regulations for implementing the
National Environmental Policy Act of
1969 (40 CFR 1501.7 and 1506.6).
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Dated: December 23, 2005.
John Engbring,
Acting Manager, California/Nevada
Operations Office, U.S. Fish and Wildlife
Service.
on December 15, 2005. The original
public scoping period was to continue
until January 9, 2006. However, in
response to public comments, DOE is
extending the public scoping period
until January 31, 2006.
Philip T. Feir,
Lieutenant Colonel, Commanding, San
Francisco District, U.S. Army Corps of
Engineers.
[FR Doc. 06–102 Filed 1–5–06; 8:45 am]
Issued in Washington, DC on January 3,
2006.
Alice C. Williams,
NNSA NEPA Compliance Officer.
[FR Doc. E6–32 Filed 1–5–06; 8:45 am]
BILLING CODE 3710–19–M
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
National Nuclear Security
Administration
ENVIRONMENTAL PROTECTION
AGENCY
Extension of Scoping Period for the
Notice of Intent To Prepare a Site-Wide
Environmental Impact Statement
[EPA–HQ–OPP–2005–0257; FRL–7756–6]
National Nuclear Security
Administration, DOE.
SUMMARY: The National Nuclear
Security Administration (NNSA), an
agency within the U.S. Department of
Energy (DOE), is extending the scoping
period for the Site-Wide Environmental
Impact Statement (SWEIS) for the Y–12
National Security Complex (Y–12),
located at the junction of Bear Creek
Road and Scarboro Road in Anderson
County, Tennessee, near the City of Oak
Ridge, Tennessee.
DATES: The scoping period for the
SWEIS is extended from January 9, 2006
to January 31, 2006. Comments received
after that date will be considered to the
extent practicable.
ADDRESSES: For information concerning
the SWEIS, please contact Ms. Pam
Gorman, Y–12 SWEIS Document
Manager at (865) 576–9903 or e-mail at:
gormanpl@yso.doe.gov. Written
comments on the scope of SWEIS can be
sent to: Y–12 SWEIS Document
Manager, 800 Oak Ridge Turnpike, Suite
A–500, Oak Ridge, Tennessee 37830; by
facsimile to: (865) 482–6052 or by email to: comments@y-12sweis.com.
FOR FURTHER INFORMATION CONTACT: For
information about the DOE NEPA
process, please contact: Ms. Carol
Borgstrom, Director, Office of NEPA
Policy and Compliance (EH–42), U.S.
Department of Energy, 1000
Independence Avenue, SW.,
Washington, DC 20585, (202) 586–4600,
or leave a message at 1–800–472–2756.
SUPPLEMENTARY INFORMATION: On
November 28, 2005 (70 FR 71270),
NNSA issued an Notice of Intent (NOI)
to prepare an SWEIS for the Y–12
National Security Complex. As
originally announced in the NOI, DOE
has conducted public scoping meetings
on the SWEIS in Oak Ridge, Tennessee
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Lockheed Martin; Transfer of Data
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces that
pesticide related information submitted
to EPA’s Office of Pesticide Programs
(OPP) pursuant to the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) and the Federal Food, Drug,
and Cosmetic Act (FFDCA), including
information that may have been claimed
as Confidential Business Information
(CBI) by the submitter, will be tranferred
to Lockheed Martin in accordance with
40 CFR 2.307(h)(3) and 2.308(i)(2).
Lockheed Martin has been awarded
multiple contracts to perform work for
OPP, and access to this information will
enable Lockheed Martin to fulfill the
obligations of the contract.
DATES: Lockheed Martin will be given
access to this information on or before
January 13, 2006.
FOR FURTHER INFORMATION CONTACT:
Felicia Croom, Information Technology
and Resources Management Division
(7502C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–0786; e-mail address:
croom.felicia@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does this Action Apply to Me?
This action applies to the public in
general. As such, the Agency has not
attempted to describe all the specific
entities that may be affected by this
action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
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B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established an
official public docket for this action
under docket identification (ID) number
EPA–HQ–OPP–2005–0257. The official
public docket consists of the documents
specifically referenced in this action,
any public comments received, and
other information related to this action.
Although a part of the official docket,
the public docket does not include
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. The official public
docket is the collection of materials that
is available for public viewing at the
Public Information and Records
Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. This docket facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The docket telephone number
is (703) 305–5805.
2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/.
EDOCKET, EPA’s electronic public
docket and comment system was
replaced on November 25, 2005 by an
enhanced federal-wide electronic docket
management and comment system
located at https://www.regulations.gov/.
Follow the on-line instructions.
An electronic version of the public
docket is available through EPA’s
electronic public docket and comment
system, EPA Dockets. You may use EPA
Dockets at https://www.epa.gov/edocket/
to submit or view public comments,
access the index listing of the contents
of the official public docket, and to
access those documents in the public
docket that are available electronically.
Although not all docket materials may
be available electronically, you may still
access any of the publicly available
docket materials through the docket
facility identified in Unit I.B.1. Once in
the system, select ‘‘search,’’ then key in
the appropriate docket ID number.
II. Contractor Requirements
I. General Information
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Under contract number 68–W–04–
005, the contractor will perform the
following:
1. Establish individual chemical
identity records including systematic
chemical name, CAS registry number,
and other chemical name synonyms;
2. Establish inert ingredient mixture
composition records;
3. Respond to internal OPP requests
for elucidation of chemical identities in
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[Federal Register Volume 71, Number 4 (Friday, January 6, 2006)]
[Notices]
[Pages 924-927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-102]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Intent To Prepare an Integrated Environmental Impact
Statement/Environmental Impact Report/Feasibility Report for the South
San Francisco Bay Shoreline Study: Alviso Ponds and Santa Clara County
Interim Feasibility Study
AGENCY: Department of the Army, U.S. Army Corps of Engineers;
Department of Defense; U.S. Fish and Wildlife Service, Department of
the Interior.
ACTION: Notice of intent.
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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of
1969, as amended, the U.S. Army Corps of Engineers (Corps) and the U.S.
Fish and Wildlife Service (USFWS) intend to prepare a joint project-
level integrated Environmental Impact Statement (EIS)/Environmental
Impact Report (EIR)/Feasibility Report, hereafter called the Report, to
address the potential impacts of the first Interim Feasibility Study
component of the South San Francisco Bay Shoreline Study, San Francisco
Bay, CA. This study is closely interrelated with the ongoing South Bay
Salt Ponds Restoration Project, discussed in the Notice of Intent dated
November 9, 2004. It will function as a project-level EIS/EIR tiered
under that programmatic EIS/EIR and will be issued subsequently to the
programmatic document. The California State Coastal Conservancy
(Conservancy) will be the lead agency under the California
Environmental Quality Act (CEQA).
Federal Lead Agencies Proposed Actions and Related Programmatic
EIS/EIR. The Corps, in cooperation with the USFWS, is proposing to
study flood protection and ecosystem restoration for the Alviso portion
of the South San Francisco Bay (South Bay) Salt Ponds and adjacent
areas to determine whether there is a federal interest in constructing
a project with flood protection and/or ecosystem restoration components
in this area, and if so, to determine the optimum project to recommend
to Congress for authorization. The Report will recommend a plan which
will provide for long-term restoration for these salt ponds and
adjacent areas as well as flood protection and recreation components,
if these actions are justified under Federal criteria. The Report and
its alternatives will be tiered to the programmatic EIS/EIR for the
South Bay Salt Ponds Restoration Project.
One public scoping meeting will be held to solicit comments on the
environmental effects of the range of potential projects and the
appropriate scope of the Report. The public is invited to comment
during this meeting on environmental issues to be addressed in the
Report.
DATES: Written comments from all interested parties are encouraged and
must be received on or before February 7, 2006.
ADDRESSES: Written comments and requests for information should be sent
to Yvonne LeTellier, Project Manager, U.S. Army Corps of Engineers, 333
Market Street, 8th Floor, San Francisco, CA 94105-2197, or to Mendel
Stewart, Refuge Manager, U.S. Fish and Wildlife Service, San Francisco
Bay NWR Complex, P.O. Box 524, Newark, CA 94560.
FOR FURTHER INFORMATION CONTACT: Yvonne LeTellier, Project Manager,
U.S. Army Corps of Engineers (415-977-8466) or Mendel Stewart, Refuge
Manager, U.S. Fish and Wildlife Service, San Francisco Bay NWR Complex
(510-792-0222). For questions concerning the CEQA aspects of the study,
contact Brenda Buxton, California State Coastal Conservancy, 1330
Broadway, 11th Floor, Oakland, CA 94612, telephone: 510-286-0753.
SUPPLEMENTARY INFORMATION: On November 9, 2004, the USFWS and the Corps
issued a Notice of Intent for the proposed South Bay Salt Ponds
Restoration Project programmatic EIS/EIR. The Corps and the USFWS
propose to integrate the planning process for the Alviso Pond and Santa
Clara County Interim Feasibility Study component of the South San
Francisco Bay Shoreline Study with the planning process for the South
Bay Salt Ponds Restoration Project. The two projects include ecosystem
restoration, flood protection, and public access components. However,
the current Interim Feasibility Study is a project-level component of
the South Bay Salt Pond Restoration Study and it will be tiered to the
above-mentioned programmatic EIS/EIR. This Interim Feasibility Study
and the Report to be prepared will only cover a portion of the larger
geographic area addressed in the South Bay Salt Ponds programmatic EIS/
EIR.
Project Description. South Bay Salt Ponds Restoration Project. The
South Bay Salt Ponds Restoration Project area comprises 15,100 acres of
salt ponds and adjacent habitants in South San Francisco Bay the USFWS
and California Department of Fish and Game (CDFG) acquired from the
Cargill Salt Company in 2003. USFWS owns and manages the 8,000-acre
Alviso pond complex and the 1,600-acre Ravenswood pond complex. CDFG
owns and manages the 5,500-acre Eden Landing pond complex.
The oversearching goal of the South Bay Salt Ponds Restoration
Project is to restore and enhance wetlands in the South San Francisco
Bay while providing for flood protection and wildlife-oriented public
access and recreation. The following project objectives were adopted by
the South Bay Salt Ponds Restoration Project's Stakeholder Forum which
includes representatives of local governments, environmental
organizations,
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neighboring landowners, businesses, and community organizations:
1. Create, restore, or enhance habitats of sufficient size,
function, and appropriate structure to:
a. Promote restoration of native special-status plants and animals
that depend on South San Francisco Bay habitat for all or part of their
life cycles.
b. Maintain current migratory bird species that utilize existing
salt ponds and associated structures such as levees.
c. Support increased abundance and diversity of native species in
various South San Francisco Bay aquatic and terrestrial ecosystem
components, including plants, invertebrates, fish, mammals, birds,
reptiles and amphibians.
2. Maintain of improve existing levels of flood protection in the
South Bay area.
3. Provide public access and recreational opportunities compatible
with wildlife and habitat goals.
4. Protect or improve existing levels of water and sediment quality
in the South Bay, and fully evaluate ecological risks that could be
caused by restoration.
5. Implement design and management measures to maintain or improve
current levels of vector management, control predation on special-
status species, and manage the spread of non-native species.
6. Protect the services provided by existing infrastructure (e.g.,
power lines, railroads).
USFWS and CDFG reviewed the proposed project objectives to ensure
compliance with legal mandates, such as compatibility of wildlife with
public access. Two additional evaluation factors were identified in the
Alternatives Development Framework for comparative analysis:
7. Cost Effectiveness: Consider costs of implementation,
management, and monitoring so that planned activities can be
effectively executed with available funding.
8. Environmental Impact: Promote environmental benefit and reduce
impacts to the human environment.
The South Bay salt ponds are now being managed by the U.S. Fish and
Wildlife Service and the California Department of Fish and Game under
an Initial Stewardship Plan which was evaluated in a March 2004 Final
EIS/EIR. The long-term restoration plan currently under evaluation in
the ongoing programmatic NEPA/CEQA process may include general plans
for the entire project area as well as detailed design plans for a
specific Phase I project.
South San Francisco Bay Shoreline Study. The Corps plans to prepare
a Feasibility Report integrated with anfsalt ponds of EIS/EIR for the
South San Francisco Bay Shoreline Study: Alviso Ponds and Santa Clara
County Interim Feasibility Study, pursuant to the following resolution
by the U.S. House of Representatives Transportation and Infrastructure
Committee, adopted July 24, 2002:
``Resolved by the Committee on Transportation and Infrastructure
of the United States House of Representatives, that the Secretary of
the Army is requested to review the Final Letter Report for the San
Francisco Bay Shoreline Study, California, dated July 1992, and all
related interims and other pertinent reports to determine whether
modifications to the recommendations contained therein are advisable
at the present time in the interest of tidal and fluvial flood
damage reduction, environmental restoration and protection and
related purposes along the South San Francisco Bay shoreline for the
counties of San Mateo, Santa Clara and Alameda, California.''
The South San Francisco Bay Shoreline Study area extends along
South San Francisco Bay and includes the Alviso, Ravenswood, and Eden
Landing pond complexes which are described above, as well as additional
shoreline and floodplain areas in the counties of Alameda, San Mateo,
and Santa Clara. The Report referenced in this Notice of Intent would
propose implementation of the findings of the first Interim Feasibility
Study component of the Shoreline Study.
The area to be examined in the first Interim Study consists of 25
ponds in the Alviso pond complex on the shores of the South Bay in
Fremont, San Jose, Sunnyvale and Mountain View, located in Santa Clara
and Alameda counties, plus substantial adjacent areas which may need
flood protection or which may be affected by flood protection or
ecosystem restoration measures. The study area is bordered by San
Francisco Bay and the operational salt ponds of Alameda County to the
north and San Francisquito Creek on the west. To the south and east,
the study area extends beyond the salt ponds to include all lands
subject to inundation from a 100-year tidal flooding event. These
additional lands are primarily urbanized areas in Palo Alto, Mountain
View, Sunnyvale, and San Jose to the south, and urbanized lands in
Milpitas and Fremont to the east. These lands are generally delineated
on maps which are on file with the Corps of Engineers, San Francisco
District. During the course of the study the exact delineation of which
lands are subject to tidal inundation may be modified based on
technical studies.
The Corps proposes to conduct the South San Francisco Bay Shoreline
Study: Alviso Ponds and Santa Clara County Interim Feasibility Study in
coordination with the South Bay Salt Ponds Restoration Project and in
partnership with the USFWS, CDFG, Conservancy, and the Santa Clara
Valley Water District. It is expected that the Corps's Report for the
first Interim Feasibility Study component of the Shoreline Study will
be released after the completion of the South Bay Salt Ponds
Restoration Project programmatic EIS/EIR, so the EIS/EIR components of
the Report for the Shoreline Study will tier off from the joint
programmatic South Bay Salt Ponds EIS/EIR.
Public Involvement. The public scoping meeting will be held on
Wednesday, January 25, 2006 at the Milpitas Library Community Room
located at 40 North Milpitas Blvd., Milpitas, CA 95035 (408-262-1171),
from 5:30-8:30 p.m. Persons needing reasonable accommodation in order
to attend and participate in the public scoping meeting should contact
Bill DeJager at 415-977-8670 at least one week in advance of the
meeting to allow time for arrangements to be made.
Written comments may be sent to the addresses indicated in the
Addresses section above, by facsimile to 415-977-8695, or via e-mail
through the public comments link on the South Bay Salt Ponds
Restoration Project Web site, located at https://
www.southbayrestoration.org/Question_Comment.html. All comments
received, including names and addresses, will become part of the
administrative record and will be available to the public unless
commenters request that this information not be released.
Alternatives. The Report will consider a range of alternatives and
their impacts, including the No Action Alternative. Scoping will be an
early and open process designed to determine the issues and
alternatives to be addressed in the Report. For example, the range of
alternatives may include varying mixes of managed ponds and tidal marsh
habitat, varying levels and means of flood protection, and varying
levels and means of recreation and public access components which
respond to the Shoreline Study objectives.
Content of the Report. The Report will identify the anticipated
effects of the project alternatives (detrimental and beneficial) and
describe and analyze direct, indirect, and cumulative environmental
impacts of the project alternatives, including the No Action
Alternative, in accordance with NEPA (40 CFR 1500-1508) and CEQA. For
each issue listed below, the EIS/EIR will include discussion of: The
parameters
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used in evaluating the impacts as well as recommended mitigation; the
effectiveness of mitigation measures proposed to be implemented; and
any additional measures that would reduce the impacts to a less-than-
significant level.
The list of issues presented below is preliminary both in scope and
number. These issues are presented to facilitate public comment on the
scope of the Report, and are not intended to be all-inclusive or a
predetermination of impact topics to be considered.
Biological Resources. The Report will address the following issues
and potential detrimental and beneficial impacts related to biological
resources:
Effects on population sizes of endangered species and
other species of concern, including California clapper rail, snowy
plover, California least tern, salt marsh harvest mouse, Chinook salmon
and steelhead trout.
Shift in populations and effects on population sizes of
migratory waterfowl and shorebirds.
Increased habitat connectivity for all organisms that use
multiple marsh and/or aquatic habitats, including birds, mammals, and
fish.
Potential for improved habitat connectivity with adjacent
upland habitats.
Potential loss of hypersaline wetlands and their unique
communities.
Reduction in predation for species of concern with larger
habitat blocks.
Increased nursery habitat in wetlands for fish.
Potential for salmonid entrainment into managed ponds.
Effects of Spartina alterniflora and the hybrids of this
species, and other invasive species.
Effects of flood control structures on existing ecosystem
attributes and functions including acquatic and terrestrial species.
Effects of public access and recreation on aquatic and
terrestrial species.
Hydrology and Flood Protection. The Report will address the
following issues and potential detrimental and beneficial impacts
related to hydrology and flood protection:
Existing and future without-project tidal flood hazards as
affected by fluvial inputs.
Effects on the tidal regime and tidal mixing from project
components, and related effects on salinity of Bay waters.
Effects on high-tide water levels and resulting effects on
flood hazards.
Changes in tidal hydrodynamics, including tidal prism and
tidal range in tidal sloughs, resulting changes in channel geometry and
changes in tidal flood risks (including during project implementation).
Effects on flood flow conveyance as a result of converting
salt ponds to tidal marsh.
Potential decrease in wave energy associated with tidal
marsh restoration and reduced erosion of flood protection levees.
Impacts on tidal flooding frequency and extent, and flood
protection due to breaches in salt pond levees, improvement of existing
levees, and construction of new levees.
Impacts on groundwater quality.
Water and Sediment Quality. The Report will address the following
issues and potential detrimental and beneficial impacts related to
water and sediment quality:
Effects of salt pond levee breaches, including changes in
salinity, turbidity, dissolved oxygen, biochemical and biological
oxygen demand, metals, polychlorinated biphenyls (PCBs), and other
pollutants of concern.
Changes in residence time of water in the South Bay and
related effects on water quality.
Changes in mercury and/or methyl mercury concentrations,
and other pollutants of concern, in Bay and slough waters.
Potential to mobilize existing sediment contaminants,
including mercury, PCBs, and other pollutants of concern.
Potential contamination from outside sources, including
urban runoff, wastewater discharges, imported sediment and atmospheric
deposition.
Recreation and Public Access. The Report will address the project's
effects on existing recreation facilities and their use as well as the
potential effects of expansion or creation of new facilities. The
benefits and impacts of increased or decreased public access on
biological resources and achievement of other project objectives will
also be addressed.
Economics. The Report will evaluate the economic effects of the
alternatives, including costs and benefits of flood protection,
recreation, and effects on commercial fishing.
Cumulative Impacts. The Report will examine the cumulative impacts
of past, ongoing, and reasonably foreseeable future projects affecting
tidal marsh and estuarine habitats in the South Bay, as well as effects
on adjacent urban and rural lands and communities.
Environmental Analysis Process. The Report will be prepared in
compliance with NEPA and Council on Environmental Quality Regulations,
contained in 40 CFR parts 1500-1508, and with CEQA, Public Resources
Code Sec 21000 et seq. and the CEQA Guidelines as amended. Because
requirements for NEPA and CEQA are somewhat different, the document
must be prepared to comply with whichever requirements are more
stringent. The Corps and the USFWS will be Joint Lead Agencies for the
NEPA process and the Conservancy will be the Lead Agency for the CEQA
process. In accordance with both CEQA and NEPA, these Lead Agencies are
responsible for the scope, content, and legal adequacy of the document.
The SCVWD will be a Responsible Agency under the provisions of CEQA.
Therefore, all aspects of the Report scope and process will be fully
coordinated between these four agencies.
The scoping process will include the opportunity for public input
during one public meeting and by written comments submitted during the
30-day scoping period.
The draft Report will address public concerns associated with the
issues identified in the scoping process and in subsequent public
involvement and will be distributed for at least a 45-day public review
and comment period. During this time, both written and verbal comments
will be solicited on the adequacy of the draft Report. The final Report
will address the comments received on the draft during public review
and will be made available to all commenters on the draft Report.
Copies of the draft and final reports will be posted on the Internet as
part of the public review process.
The final step in the NEPA process is the preparation of a Record
of Decision (ROD). This document is a concise summary of the decisions
made by the Corps and the USFWS. The ROD will identify the alternative
selected by the agencies and other alternatives that were considered.
It also will discuss the mitigation measures that were adopted. Because
there re two lead agencies, it is possible that each agency will
prepare its own ROD.
The Record, or Records, of Decision may be published no earlier
than thirty days after publication of the Notice of Availability of the
final EIS/EIR. The final step in the CEQA process is certification of
the CEQA document, which includes preparation of a Mitigation,
Monitoring, and Reporting Plan and adoption of its findings, should the
project be approved.
This notice is provided pursuant to regulations for implementing
the National Environmental Policy Act of 1969 (40 CFR 1501.7 and
1506.6).
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Dated: December 23, 2005.
John Engbring,
Acting Manager, California/Nevada Operations Office, U.S. Fish and
Wildlife Service.
Philip T. Feir,
Lieutenant Colonel, Commanding, San Francisco District, U.S. Army Corps
of Engineers.
[FR Doc. 06-102 Filed 1-5-06; 8:45 am]
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