Final Environmental Impact Statement and Environmental Impact Report; Giacomini Wetlands Restoration Project; Point Reyes National Seashore, Marin County, CA; Notice of Availability, 36027-36030 [E7-12714]
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Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices
Copies of
the ROD may be obtained from the
contact listed above or may be viewed
online at https://parkplanning.nps.gov/.
SUPPLEMENTARY INFORMATION:
Dated: May 16, 2007.
Ernest Quintana,
Regional Director, Midwest Region.
[FR Doc. E7–12715 Filed 6–29–07; 8:45 am]
BILLING CODE 9312–88–P
DEPARTMENT OF THE INTERIOR
National Park Service
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Final Environmental Impact Statement
and Environmental Impact Report;
Giacomini Wetlands Restoration
Project; Point Reyes National
Seashore, Marin County, CA; Notice of
Availability
Summary: Pursuant to § 102(2)(C) of
the National Environmental Policy Act
of 1969 (Pub. L. 91–190, as amended),
and the Council on Environmental
Quality Regulations (40 CFR part 1500–
1508), the National Park Service,
Department of the Interior, has prepared
a Final Environmental Impact Statement
(FEIS) identifying and evaluating the
no-action alternative and four action
alternatives for the restoration of the
Giacomini wetlands. When approved,
the plan will guide the National Park
Service in restoration and public access
actions for lands at the headwaters of
Tomales Bay, Marin County, California.
Because some of the proposed
restoration project area includes state,
county and private lands, the document
also fulfills California Environmental
Quality Act (CEQA) requirements as a
Final Environmental Impact Report
(EIR). The California State Lands
Commission (CALC) is the CEQA lead
agency for this project. Through the
FEIS/EIR, the potential impacts of the
five alternatives are assessed and, where
appropriate, measures to avoid or
reduce the intensity of potential effects
are identified. Three preliminary
restoration options that were
considered, but rejected because they
did not achieve restoration objectives or
were infeasible, are also described in the
FEIS/EIR.
Project Planning Background: Point
Reyes National Seashore is a unit of the
National Park Service (NPS) located in
western Marin County, California. It was
established by Congress on September
13, 1962, ‘‘to save and preserve, for the
purpose of public recreation, benefit,
and inspiration, a portion of the
diminishing seashore of the United
States that remains undeveloped’’ (Pub.
L. 87–657). A large portion of Tomales
Bay watershed lands were acquired by
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the NPS in the 1960s and 1970s for
establishment of two neighboring
parks—Point Reyes National Seashore
(Seashore) and Golden Gate National
Recreation Area (GGNRA). In 1980, the
boundary for GGNRA was expanded to
include the Waldo Giacomini Ranch
(Giacomini Ranch) and the eastern
portion of Tomales Bay. The Giacomini
Ranch falls within the north district of
the GGNRA, which is administered by
the Seashore.
The Seashore and CALC are
proposing to restore historic wetlands at
Giacomini Ranch in Tomales Bay, an
embayment that borders the Seashore to
the east and north. The Giacomini
Ranch property was once part of a large
tidal marsh complex at the southern end
of Tomales Bay that also encompassed
portions of Olema Marsh (a 60-acre
freshwater marsh that is partially owned
by the NPS). The Giacomini property
was diked in 1946 and has been used by
the Waldo Giacomini family as a dairy
since then. The property was purchased
from the Giacomini family in 2000.
Partial funding for the purchase came
from the California Department of
Transportation (CalTrans), which was
under obligation to the California
Coastal Commission (CCC) to mitigate
for impacts resulting from the Lone Tree
road repair along State Route 1
conducted in the early 1990s. The CCC
eventually allowed CalTrans to fulfill
mitigation obligations by making funds
available to the NPS to purchase,
restore, and manage a replacement
wetland site.
While the NPS is obligated under its
agreement with CalTrans and CCC to
mitigate only a total of 3.6 acres, the
Seashore believes that the potential
value of the historic salt marsh is
significant not only to the NPS and its
resource conservation objectives, but to
the Tomales Bay watershed ecosystem
as a whole. Tomales Bay was recently
declared impaired for sediment,
nutrients, and fecal coliform by the San
Francisco Regional Water Quality
Control Board under § 303(d) of the
Clean Water Act. Coastal wetlands act as
both a food source and filtering system
for estuarine and marine systems, and
the loss of these wetlands in many parts
of the bay has contributed to this
designation. The diking of the
Giacomini property resulted in the loss
of hydrologic connectivity and
diminished delta functionality for more
than 50 percent of the coastal tidal
wetlands present in Tomales Bay in the
late 1800s. Restoration would
reestablish hydrologic connectivity
between Tomales Bay and the project
area, resulting in increased wetland
functionality.
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The project purpose and goals reflect
a broad ecosystem-level approach to
restoration. The purpose of the
proposed project is to restore natural
hydrologic processes within a
significant portion of the project area,
thereby promoting restoration of
ecological processes and functions.
Three goals, which further support the
overall purpose, were also developed, as
follows:
• Restore natural, self-sustaining
tidal, fluvial (streamflow), and
groundwater hydrologic processes,
thereby enabling reestablishment of
some of the ecological processes and
functions associated with wetland and
riparian areas, such as water quality
improvement, floodwater storage, food
chain support, and wildlife habitat.
• Pursue a watershed-based approach
to restoration so as to emphasize
opportunities to improve ecological
conditions within the entire Tomales
Bay watershed, not just in the project
area itself.
• To the extent possible, incorporate
opportunities for the public to
experience and enjoy the restoration
process as long as opportunities do not
conflict with the project’s purpose or
with NPS, CALC, or other agency
legislation or policies.
For these reasons, the NPS and CALC
propose to restore natural hydrologic
and ecological processes on most or all
of the 563-acre property. The NPS and
CALC developed a range of alternatives
for accomplishing this restoration
project that encompass a spectrum of
hydrologic and topographic changes.
However, there are a series of activities
that would be conducted under all five
alternatives, including: Discontinuation
of agricultural land management on the
property, removal of general agricultural
infrastructure and buildings from
upland areas, and periodic maintenance
of creeks to ensure that sediment
deposition does not elevate flood risk to
adjacent properties. In addition, the
Giacomini family would remove all
personal property from the project area,
including worker housing trailers near
Mesa Road. Water rights to Lagunitas
Creek, acquired as part of the transfer of
ownership, would be dedicated to instream flow. The NPS would also enter
into a lease agreement with the CALC
for leasing of subtidal lands in Lagunitas
Creek within the project area. Finally,
the NPS will be working with the USGS
on an effort to expand the tidewater
Goby population within the southern
portions of Tomales Bay.
Proposed Giacomini Wetlands
Restoration: Extensive Restoration of the
Giacomini Ranch East Pasture, Full
Restoration of the West Pasture, and
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Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices
Restoration of Olema Marsh with
Limited Public Access (Alternative D).
This alternative has been determined to
be ‘‘environmentally preferred’’, and
involves complete removal of levees in
both the West and East Pasture. In
general, this alternative builds upon the
actions proposed in Alternative B and
Alternative C (see below) by fully
realigning one of the leveed creeks
within the Giacomini Ranch; excavating
a portion of the ranch pasture into
active intertidal marshplain and
floodplain; increasing the amount of
culvert replacement to improve
hydraulic connectivity, streamflow, and
passage of salmonid species; and
increasing active revegetation and
invasive non-native plant removal
efforts. In addition, this alternative
incorporates adaptive restoration of
Olema Marsh (which is located south of
Giacomini Ranch and White House Pool
and is owned by Audubon Canyon
Ranch (ACR) and the NPS); this would
include a phased approach to shallow
channel excavation, vegetated berm
removal, and potential replacement of
Levee Road and/or Bear Valley Road
culverts in the future should initial
restoration efforts not achieve the
desired degree of success.
Public access components of
Alternative D include an improved spur
trail leading to the edge of the Dairy
Mesa; an improved spur trail extension
of the existing Tomales Bay Trail; an
improved spur trail on the southern
perimeter following the existing
alignment of an informal social path;
and an ADA-compliant path in White
House Pool County Park. The NPS
would also pursue working with Marin
County (through separate environmental
compliance) to consider additional
public access facilities on the southern
perimeter of the project area, including
reevaluation of a trail along Levee Road,
extension of a trail to Inverness Park,
and, should other options not prove
viable, a non-vehicular bridge across
Lagunitas Creek.
Alternatives to Proposed Project:
Under the No Action Alternative, levees,
tidegates, and culverts in the Giacomini
Ranch will remain. An 11-acre area will
be restored on the northeast corner of
the east pasture to satisfy mitigation
requirements for aquatic habitat impacts
caused by CalTrans due to road repairs
on State Route 1 in Marin County in
exchange for the NPS receiving monies
to purchase and restore the Giacomini
Ranch. The remainder of the levees in
the East Pasture and West Pasture
would no longer be maintained. Under
the No Action Alternative only, there is
potential for limited grazing, with
consultation conducted under a separate
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compliance process. Olema Marsh
would not be restored, and there would
be no new public access facilities.
Alternative A—Limited Restoration of
the Giacomini Ranch East Pasture Only
with Expanded Public Access, Including
Culverted Earthen Fill Trail on Eastern
Perimeter. This alternative involves
selective breaching of the East Pasture
levee, while levees and tidegates in the
West Pasture would not be removed. A
limited amount of tidal channel
creation, creek bank grading, and
revegetation would also be performed in
the East Pasture. Most of the actions
under this alternative focus on removing
agricultural infrastructure such as filling
of ditches, ripping of compacted roads,
fence removal, and removal of pumps,
pipelines, and concrete spillways, as
well as removal of ranch buildings. For
future public access, the southern
perimeter trail would include a
prefabricated bridge across Lagunitas
Creek, near the old summer dam
location across from White House Pool
County Park. The bridge design would
place footings outside of the active
channel, so as to not impinge on
hydrologic processes. Future extension
of the southern perimeter trail, in
collaboration with the County of Marin,
would connect White House Pool
County Park with a path along Sir
Francis Drake Boulevard (that would
either run alongside the road or move
off the road at the southern end of the
unrestored West Pasture onto a lowelevation boardwalk that would join
back with Sir Francis Drake Boulevard
in Inverness Park). Other infrastructure
constructed is a culverted berm throughtrail on the eastern perimeter of the East
Pasture.
Alternative B—Moderate Restoration
of the Giacomini Ranch East Pasture
and Limited Restoration of the West
Pasture with Expanded Public Access,
Including Boardwalk Trail on the
Eastern Perimeter. This alternative
would completely remove the East
Pasture levees and create several
breaches in the West Pasture levee, as
well as remove the tidegate on Fish
Hatchery Creek. More tidal channel
creation, grading, and revegetation
would occur than under Alternative A.
There would be no activities taken at
Olema Marsh. Most of the new public
access facilities would continue to be
limited to the eastern and southern
perimeters of the East Pasture, including
construction of the pedestrian access
bridge across Lagunitas Creek near the
old summer dam, and extension of the
southern perimeter trail to Inverness
Park. The culverted berm through-trail
on the eastern perimeter in Alternative
A would instead be a boardwalk. On the
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West Pasture north levee, a viewing area
would replace the existing informal
trail.
Alternative C—Full Restoration of the
Giacomini Ranch East and West
Pastures and Restoration of Olema
Marsh, with Moderate Public Access.
This alternative involves complete
removal of levees in both the West and
East Pasture. In general, this alternative
would result in more tidal channel
creation, grading, and revegetation than
Alternative B. In addition, the project
boundary is expanded to include Olema
Marsh, which is located south of the
Giacomini Ranch and White House Pool
and is owned by ACR and the NPS.
Olema Marsh and the Giacomini Ranch
once formed an integrated tidal wetland
complex. In Alternative C, there would
be an adaptive approach for Olema
Marsh restoration that would include
phased shallow channel excavation and
vegetated berm removal. Levee Road
and Bear Valley Road culverts could be
replaced in the future should initial
restoration efforts not achieve the
desired degree of success. Public access
components include the southern
perimeter path and proposed future
trails as described under Alternative A
and Alternative B, but there would be
two spur trails rather than a throughtrail on the eastern perimeter of the
Giacomini Ranch.
Principal Differences Between the
Draft and Final EIS/EIR:
Change in Preferred Alternative: The
alternative preferred by the NPS and
CALC has been changed to Alternative
D from Alternative C. The lead agencies
initially chose Alternative C as the
Preferred Alternative as it appeared to
best meet both wetland restoration goals
and community public access needs.
During public review of the DEIS/EIR, a
large number of responses from the
public, organizations, and agencies
advocated selecting Alternative D
because it was more compatible with
restoration and would have less traffic,
noise, pollution, and land use impacts.
Changes to Alternative D: Alternative
D has been modified slightly in the
FEIS/EIR in response to public feedback
so as to slightly decrease the degree of
excavation, to remove eucalyptus from
Tomasini Creek, and to construct an
ADA-compliant trail and viewing
platform at the nearby White House
Pool County Park. In addition, this
alternative now also incorporates the
option for NPS to collaborate with
Marin County in a separate
environmental process on possible
additional public access facilities on the
southern perimeter of the project area
(as noted above).
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Change in Impact Determinations:
Because of refinement of construction
scheduling and project design
(identified in Chapter 2), the NPS and
CALC have re-assessed some levels of
impact identified, although none of
these changes results in any
‘‘Significant, Unavoidable Impacts’’,
such that all major impacts are
mitigated to moderate or lesser
intensities.
• Construction-related air quality
impacts under Alternative C have been
reduced to moderate, although
Alternative D still would have major or
substantial impacts that are mitigated to
moderate levels through
implementation of recommended Best
Management Practices.
• Alternative A and Alternative B
would have major impacts on riparian
habitat due to construction of the
eastern perimeter trail that could
conflict with state and local policies on
riparian habitat protection, but these
impacts would be mitigated to minor or
moderate through active and passive
revegetation efforts.
• Major restoration actions in Olema
Marsh identified as part of the adaptive
restoration under Alternative C and
Alternative D such as culvert
replacement would not be implemented
until the NPS can confirm these actions
would not cause major impacts to
municipal water supply through
increasing water salinities in the portion
of the Lagunitas Creek that is adjacent
to municipal groundwater wells.
Summary of Public Engagement: On
September 23, 2002, a Notice of Intent
(NOI) to conduct public scoping to
inform preparation of an EIS was
published in the Federal Register. On
September 25, 2002, a copy of the NOI
and scoping information was sent to 45
landowners adjacent to the project area,
and 163 persons and organizations on a
public review request list maintained by
the Seashore. On October 4, 2002, the
NOI was sent to the Governor’s Office of
Planning and Research State
Clearinghouse for distribution to
relevant state agencies (SCH#
2002114002). Following agreement by
CALC to act as the lead CEQA agency,
a Notice of Preparation (NOP) for
preparation of a joint EIS/EIR was
prepared by CALC, and distributed to
the State Clearinghouse, which
circulated the NOP between May 29 and
June 30, 2003. The extensive public
scoping period also closed on June 30,
2003.
Oral comments were heard at a public
information meeting at the October 19,
2002 Advisory Commission held at the
Point Reyes Dance Palace where
approximately 30 to 40 members of the
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public attended. In addition to the oral
comments obtained, approximately 86
individuals or private organizations
provided written comments regarding
the proposed restoration. Regulatory
scoping meetings were conducted on
November 6, 2002 and November 8,
2002 during the public scoping period.
The NPS and CALC received comments
from seven local, state, or federal
agencies. After the public scoping phase
concluded on June 30, 2003, a staff
report was prepared that summarized all
information derived from the public
scoping process.
After a series of internal post-scoping
discussions in spring 2004, the NPS and
CALC hosted a series of information
meetings with regulatory and local and
state agencies, adjacent landowners, and
local technical experts in the field of
wetland restoration, to present and
receive feedback on preliminary
restoration and public access concepts.
This phase culminated in a public
workshop on June 22, 2004, at the
Seashore Red Barn attended by more
than 110 people. Following the June
public workshop, all interested
individuals and organizations were
encouraged to submit comments to the
NPS and CALC on the restoration
concepts and scope of the proposed
DEIS/EIR.
Through July 23, 2004 written letters
or e-mails from 58 individuals and 14
private organizations were received, as
well as two petitions with a total of
approximately 450 signatures. NPS staff
also met with representatives of
stakeholder groups from Marin County
and interested agencies that requested
briefings. In response to the comments
received, the NPS and CALC contracted
for two additional studies on public
access options within the project area
that evaluated potential impacts on
resources and adjacent land uses, as
well as technical feasibility and costs.
As part of this effort, additional
meetings were held with adjacent
landowners and the general public in
February–March, 2005.
The Seashore’s Notice of Availability
for the DEIS/EIR was published in the
Federal Register on November 3, 2006.
The EPA’s notification of filing of the
DEIS/EIR was published in the Federal
Register on December 15, 2006, formally
initiating the 60-day public comment
period. A notice that the DEIS/EIR had
been also filed with the State
Clearinghouse was published on
December 18, 2006. The Seashore
mailed over 450 letters regarding
availability of the DEIS/EIR for public
review on December 13, 2006 (this letter
also announced a public meeting
scheduled for January 25, 2007, at the
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Seashore Red Barn, and confirmed that
the public comment period would end
February 14, 2007).
On December 14, 2006, a press release
announcing the public meeting was
distributed to the Point Reyes Light,
Marin Independent Journal, and Press
Democrat, as well as 28 other media
outlets, including newspapers, radio
stations, and television stations. Details
about the public meeting were also
posted on the Seashore’s Web site. The
Marin Independent Journal and Point
Reyes Light published articles about
release of the DEIS/EIR and the pending
public meeting. Approximately 100
members of the public attended the
January 25, 2007 meeting. The Point
Reyes Light published an account of the
meeting on February 1, 2007.
Altogether approximately 180
interested individuals and organizations
responded to release of the DEIS/EIR;
approximately 170 were from private
individuals. There were no form letters.
More than 99 percent of the letters
submitted were from residents of Marin
County. Organizations providing
comments included the Environmental
Action Committee of Marin; Point Reyes
Lodging Association; Marin County
Bicycle Coalition/Community Pathways
Committee/Access 4 Bikes; California
Native Plant Society; Point Reyes
Village Association; Sierra Club, Marin
Chapter; and Tomales Bay Association.
Ten responses were received from local,
state, or federal agencies—the California
Coastal Commission; the California
Regional Water Quality Control Board;
the Gulf of the Farallones National
Marine Sanctuary; the North Marin
Water District; the Marin/Sonoma
Mosquito and Vector Control District;
the County of Marin Department of
Public Works; the County of Marin
Department of Parks and Open Space
District; the State Department of
Conservation; the State of California
Department of Fish and Game; and the
EPA.
More than 90 percent of the oral and
written comments received during the
public meeting and throughout the
comment period concerned the choice
of Alternative C as the Preferred
Alternative. A large number of
comments also advocated modifications
to either the existing Preferred
Alternative or to Alternative D, with
most of these proposed modifications
focusing on changes to the public access
components on the eastern and southern
perimeters of the project area. On March
2, 2007, the EPA published its Lack of
Objection (LO) findings regarding the
DEIS/EIR, noting that the ‘‘EPA supports
the proposed project and believes it will
significantly improve the hydrologic
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and ecological processes and functions
in the Tomales Bay Watershed.’’
All written comments received and a
summary of commentary from the
January 25, 2007, public meeting are
available for inspection at the Seashore
Administration Building, 1 Bear Valley
Road, Point Reyes Station, CA.
Substantive comments and responses
are documented in the FEIS/EIR. Copies
of the FEIS/EIR may be obtained from
the Superintendent, Point Reyes
National Seashore, Point Reyes, CA
94956, Attn: Giacomini Wetlands
Restoration Project, or by e-mail request
to: pore_planning@nps.gov (in the
subject line, type: Giacomini Wetlands
Restoration Project). The document will
be sent directly to those who have
requested it, and also will be posted on
the Internet at the Seashore’s Web site
https://www.nps.gov/pore; and both the
printed document and digital version on
compact disk will be available at the
park headquarters and local libraries.
Decision: As a delegated EIS/EIR, the
official responsible for the final decision
is the Regional Director, Pacific West
Region. A Record of Decision, fully
documenting the entire conservation
planning and environmental decisionmaking process, will be prepared not
sooner than 30 days following
publication in the Federal Register of
the EPA’s notice of filing and
availability of the Final EIS/EIR.
Subsequently and prior to
implementation, notice of approval of
the Record of Decision will likewise be
published in the Federal Register, as
well as announced via local and
regional news media. Following
approval of the Giacomini Wetlands
Restoration Project, the official
responsible for project implementation
will be the Superintendent, Point Reyes
National Seashore.
Dated: April 25, 2007.
George J. Turnbull,
Acting Regional Director, Pacific West Region.
[FR Doc. E7–12714 Filed 6–29–07; 8:45 am]
BILLING CODE 4312–FW–P
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Inventory Completion: Pierce
College District, Lakewood, WA;
Correction
National Park Service, Interior.
Notice; correction.
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AGENCY:
ACTION:
Notice is here given in accordance
with the Native American Graves
Protection and Repatriation Act
(NAGPRA), 25 U.S.C. 3003 (5), of the
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completion of an inventory of human
remains in the possession of the Pierce
College District, Lakewood, WA. The
human remains were removed from site
45–PI–07, also known as the Purdy 1
site, at Carr Inlet, Pierce County, WA.
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003 (d)(3). The determinations
in this notice are the sole responsibility
of the museum, institution, or Federal
agency that has control of the Native
American human remains. The National
Park Service is not responsible for the
determinations in this notice.
This notice corrects the number of
tribes that were determined to be
culturally affiliated in a Notice of
Inventory Completion previously
published in the Federal Register of
November 22, 2006 (FR Doc E6–19790,
pages 67634–67635) by adding the
Nisqually Indian Tribe of the Nisqually
Reservation, Washington.
After publication in the Federal
Register of the Notice of Inventory
Completion, Pierce College District
determined that the Nisqually Indian
Tribe of the Nisqually Reservation,
Washington were also culturally
affiliated with the Native American
human remains from site 45–PI–07, also
known as the Purdy 1 site, at Carr Inlet,
Pierce County, WA.
In the Federal Register of November
22, 2006, on page 67634, paragraph
number 5, is corrected by substituting
the following:
Site 45–PI–07 is a shell mound
measuring 5 feet high, 30 feet wide, and
120 feet long. Osteological and
archeological analysis indicate that the
human remains removed from site 45–
PI–07 are of Native American ancestry,
based on the presence of extreme
degrees of dental wear, marked
shoveling of the exposed permanent
incisors, blunt nasal sills, rounded
chins, squatting facets on the talus, and
their flex-kneed burial position, and site
context. Archeological materials
recovered from the site indicate a wide
range of use during the prehistoric and
historic periods. Site 45–PI–07 is
located within the area long occupied
by the Shotlemamish, a Southern
Lushootseed speaking group. Members
of the Puyallup Tribe of the Puyallup
Reservation, Washington speak the
Southern Lushootseed language.
Around 1870s, remaining
Shotlemamish, in what is now the
Purdy I area, moved to the Puyallup
Reservation where there were already
Shotlemamish living on the reservation.
Officials of Pierce College have
reasonably determined that there is also
a shared group identity through
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marriage between the Burley Lagoon,
Purdy Washington Shotlemamish and
Nisqually Indian Tribe of the Nisqually
Reservation, Washington. Descendants
of the Shotlemamish are members of the
Puyallup Tribe of the Puyallup
Reservation, Washington.
Officials of the Pierce College District
have determined that, pursuant to 25
U.S.C. 3001 (9–10), the human remains
described above represent the physical
remains of 29 individuals of Native
American ancestry. Officials of the
Pierce College District also have
determined that, pursuant to 25 U.S.C.
3001 (2), there is a relationship of
shared group identity that can be
reasonably traced between the Native
American human remains and the
Nisqually Indian Tribe of the Nisqually
Reservation, Washington and Puyallup
Tribe of the Puyallup Reservation,
Washington. Lastly, officials of the
Pierce College District have determined
that there is a preponderance of the
evidence in favor of the Puyallup Tribe
of the Puyallup Reservation,
Washington’s claim.
Representatives of any other Indian
tribe that believes itself to be culturally
affiliated with the human remains
should contact Chris MacKersie, District
Director of Safety & Security and
Assistant Director of Facilities, Pierce
College District, 9401 Farwest Drive SW,
Lakewood, WA 98498, telephone (253)
912–3655, before August 1, 2007.
Repatriation of the human remains to
the Puyallup Tribe of the Puyallup
Reservation, Washington may proceed
after that date if no additional claimants
come forward.
Pierce College District is responsible
for notifying the Nisqually Indian Tribe
of the Nisqually Reservation,
Washington and Puyallup Tribe of the
Puyallup Reservation, Washington that
this notice has been published.
Dated: June 13, 2007
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E7–12712 Filed 6–29–07; 8:45 am]
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DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Inventory Completion:
University of Colorado Museum,
Boulder, CO
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
Notice is here given in accordance
with the Native American Graves
Protection and Repatriation Act
E:\FR\FM\02JYN1.SGM
02JYN1
]]>Agencies
[Federal Register Volume 72, Number 126 (Monday, July 2, 2007)]
[Notices]
[Pages 36027-36030]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12714]
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DEPARTMENT OF THE INTERIOR
National Park Service
Final Environmental Impact Statement and Environmental Impact
Report; Giacomini Wetlands Restoration Project; Point Reyes National
Seashore, Marin County, CA; Notice of Availability
Summary: Pursuant to Sec. 102(2)(C) of the National Environmental
Policy Act of 1969 (Pub. L. 91-190, as amended), and the Council on
Environmental Quality Regulations (40 CFR part 1500-1508), the National
Park Service, Department of the Interior, has prepared a Final
Environmental Impact Statement (FEIS) identifying and evaluating the
no-action alternative and four action alternatives for the restoration
of the Giacomini wetlands. When approved, the plan will guide the
National Park Service in restoration and public access actions for
lands at the headwaters of Tomales Bay, Marin County, California.
Because some of the proposed restoration project area includes state,
county and private lands, the document also fulfills California
Environmental Quality Act (CEQA) requirements as a Final Environmental
Impact Report (EIR). The California State Lands Commission (CALC) is
the CEQA lead agency for this project. Through the FEIS/EIR, the
potential impacts of the five alternatives are assessed and, where
appropriate, measures to avoid or reduce the intensity of potential
effects are identified. Three preliminary restoration options that were
considered, but rejected because they did not achieve restoration
objectives or were infeasible, are also described in the FEIS/EIR.
Project Planning Background: Point Reyes National Seashore is a
unit of the National Park Service (NPS) located in western Marin
County, California. It was established by Congress on September 13,
1962, ``to save and preserve, for the purpose of public recreation,
benefit, and inspiration, a portion of the diminishing seashore of the
United States that remains undeveloped'' (Pub. L. 87-657). A large
portion of Tomales Bay watershed lands were acquired by the NPS in the
1960s and 1970s for establishment of two neighboring parks--Point Reyes
National Seashore (Seashore) and Golden Gate National Recreation Area
(GGNRA). In 1980, the boundary for GGNRA was expanded to include the
Waldo Giacomini Ranch (Giacomini Ranch) and the eastern portion of
Tomales Bay. The Giacomini Ranch falls within the north district of the
GGNRA, which is administered by the Seashore.
The Seashore and CALC are proposing to restore historic wetlands at
Giacomini Ranch in Tomales Bay, an embayment that borders the Seashore
to the east and north. The Giacomini Ranch property was once part of a
large tidal marsh complex at the southern end of Tomales Bay that also
encompassed portions of Olema Marsh (a 60-acre freshwater marsh that is
partially owned by the NPS). The Giacomini property was diked in 1946
and has been used by the Waldo Giacomini family as a dairy since then.
The property was purchased from the Giacomini family in 2000. Partial
funding for the purchase came from the California Department of
Transportation (CalTrans), which was under obligation to the California
Coastal Commission (CCC) to mitigate for impacts resulting from the
Lone Tree road repair along State Route 1 conducted in the early 1990s.
The CCC eventually allowed CalTrans to fulfill mitigation obligations
by making funds available to the NPS to purchase, restore, and manage a
replacement wetland site.
While the NPS is obligated under its agreement with CalTrans and
CCC to mitigate only a total of 3.6 acres, the Seashore believes that
the potential value of the historic salt marsh is significant not only
to the NPS and its resource conservation objectives, but to the Tomales
Bay watershed ecosystem as a whole. Tomales Bay was recently declared
impaired for sediment, nutrients, and fecal coliform by the San
Francisco Regional Water Quality Control Board under Sec. 303(d) of
the Clean Water Act. Coastal wetlands act as both a food source and
filtering system for estuarine and marine systems, and the loss of
these wetlands in many parts of the bay has contributed to this
designation. The diking of the Giacomini property resulted in the loss
of hydrologic connectivity and diminished delta functionality for more
than 50 percent of the coastal tidal wetlands present in Tomales Bay in
the late 1800s. Restoration would reestablish hydrologic connectivity
between Tomales Bay and the project area, resulting in increased
wetland functionality.
The project purpose and goals reflect a broad ecosystem-level
approach to restoration. The purpose of the proposed project is to
restore natural hydrologic processes within a significant portion of
the project area, thereby promoting restoration of ecological processes
and functions. Three goals, which further support the overall purpose,
were also developed, as follows:
Restore natural, self-sustaining tidal, fluvial
(streamflow), and groundwater hydrologic processes, thereby enabling
reestablishment of some of the ecological processes and functions
associated with wetland and riparian areas, such as water quality
improvement, floodwater storage, food chain support, and wildlife
habitat.
Pursue a watershed-based approach to restoration so as to
emphasize opportunities to improve ecological conditions within the
entire Tomales Bay watershed, not just in the project area itself.
To the extent possible, incorporate opportunities for the
public to experience and enjoy the restoration process as long as
opportunities do not conflict with the project's purpose or with NPS,
CALC, or other agency legislation or policies.
For these reasons, the NPS and CALC propose to restore natural
hydrologic and ecological processes on most or all of the 563-acre
property. The NPS and CALC developed a range of alternatives for
accomplishing this restoration project that encompass a spectrum of
hydrologic and topographic changes. However, there are a series of
activities that would be conducted under all five alternatives,
including: Discontinuation of agricultural land management on the
property, removal of general agricultural infrastructure and buildings
from upland areas, and periodic maintenance of creeks to ensure that
sediment deposition does not elevate flood risk to adjacent properties.
In addition, the Giacomini family would remove all personal property
from the project area, including worker housing trailers near Mesa
Road. Water rights to Lagunitas Creek, acquired as part of the transfer
of ownership, would be dedicated to in-stream flow. The NPS would also
enter into a lease agreement with the CALC for leasing of subtidal
lands in Lagunitas Creek within the project area. Finally, the NPS will
be working with the USGS on an effort to expand the tidewater Goby
population within the southern portions of Tomales Bay.
Proposed Giacomini Wetlands Restoration: Extensive Restoration of
the Giacomini Ranch East Pasture, Full Restoration of the West Pasture,
and
[[Page 36028]]
Restoration of Olema Marsh with Limited Public Access (Alternative D).
This alternative has been determined to be ``environmentally
preferred'', and involves complete removal of levees in both the West
and East Pasture. In general, this alternative builds upon the actions
proposed in Alternative B and Alternative C (see below) by fully
realigning one of the leveed creeks within the Giacomini Ranch;
excavating a portion of the ranch pasture into active intertidal
marshplain and floodplain; increasing the amount of culvert replacement
to improve hydraulic connectivity, streamflow, and passage of salmonid
species; and increasing active revegetation and invasive non-native
plant removal efforts. In addition, this alternative incorporates
adaptive restoration of Olema Marsh (which is located south of
Giacomini Ranch and White House Pool and is owned by Audubon Canyon
Ranch (ACR) and the NPS); this would include a phased approach to
shallow channel excavation, vegetated berm removal, and potential
replacement of Levee Road and/or Bear Valley Road culverts in the
future should initial restoration efforts not achieve the desired
degree of success.
Public access components of Alternative D include an improved spur
trail leading to the edge of the Dairy Mesa; an improved spur trail
extension of the existing Tomales Bay Trail; an improved spur trail on
the southern perimeter following the existing alignment of an informal
social path; and an ADA-compliant path in White House Pool County Park.
The NPS would also pursue working with Marin County (through separate
environmental compliance) to consider additional public access
facilities on the southern perimeter of the project area, including
reevaluation of a trail along Levee Road, extension of a trail to
Inverness Park, and, should other options not prove viable, a non-
vehicular bridge across Lagunitas Creek.
Alternatives to Proposed Project: Under the No Action Alternative,
levees, tidegates, and culverts in the Giacomini Ranch will remain. An
11-acre area will be restored on the northeast corner of the east
pasture to satisfy mitigation requirements for aquatic habitat impacts
caused by CalTrans due to road repairs on State Route 1 in Marin County
in exchange for the NPS receiving monies to purchase and restore the
Giacomini Ranch. The remainder of the levees in the East Pasture and
West Pasture would no longer be maintained. Under the No Action
Alternative only, there is potential for limited grazing, with
consultation conducted under a separate compliance process. Olema Marsh
would not be restored, and there would be no new public access
facilities.
Alternative A--Limited Restoration of the Giacomini Ranch East
Pasture Only with Expanded Public Access, Including Culverted Earthen
Fill Trail on Eastern Perimeter. This alternative involves selective
breaching of the East Pasture levee, while levees and tidegates in the
West Pasture would not be removed. A limited amount of tidal channel
creation, creek bank grading, and revegetation would also be performed
in the East Pasture. Most of the actions under this alternative focus
on removing agricultural infrastructure such as filling of ditches,
ripping of compacted roads, fence removal, and removal of pumps,
pipelines, and concrete spillways, as well as removal of ranch
buildings. For future public access, the southern perimeter trail would
include a prefabricated bridge across Lagunitas Creek, near the old
summer dam location across from White House Pool County Park. The
bridge design would place footings outside of the active channel, so as
to not impinge on hydrologic processes. Future extension of the
southern perimeter trail, in collaboration with the County of Marin,
would connect White House Pool County Park with a path along Sir
Francis Drake Boulevard (that would either run alongside the road or
move off the road at the southern end of the unrestored West Pasture
onto a low-elevation boardwalk that would join back with Sir Francis
Drake Boulevard in Inverness Park). Other infrastructure constructed is
a culverted berm through-trail on the eastern perimeter of the East
Pasture.
Alternative B--Moderate Restoration of the Giacomini Ranch East
Pasture and Limited Restoration of the West Pasture with Expanded
Public Access, Including Boardwalk Trail on the Eastern Perimeter. This
alternative would completely remove the East Pasture levees and create
several breaches in the West Pasture levee, as well as remove the
tidegate on Fish Hatchery Creek. More tidal channel creation, grading,
and revegetation would occur than under Alternative A. There would be
no activities taken at Olema Marsh. Most of the new public access
facilities would continue to be limited to the eastern and southern
perimeters of the East Pasture, including construction of the
pedestrian access bridge across Lagunitas Creek near the old summer
dam, and extension of the southern perimeter trail to Inverness Park.
The culverted berm through-trail on the eastern perimeter in
Alternative A would instead be a boardwalk. On the West Pasture north
levee, a viewing area would replace the existing informal trail.
Alternative C--Full Restoration of the Giacomini Ranch East and
West Pastures and Restoration of Olema Marsh, with Moderate Public
Access. This alternative involves complete removal of levees in both
the West and East Pasture. In general, this alternative would result in
more tidal channel creation, grading, and revegetation than Alternative
B. In addition, the project boundary is expanded to include Olema
Marsh, which is located south of the Giacomini Ranch and White House
Pool and is owned by ACR and the NPS. Olema Marsh and the Giacomini
Ranch once formed an integrated tidal wetland complex. In Alternative
C, there would be an adaptive approach for Olema Marsh restoration that
would include phased shallow channel excavation and vegetated berm
removal. Levee Road and Bear Valley Road culverts could be replaced in
the future should initial restoration efforts not achieve the desired
degree of success. Public access components include the southern
perimeter path and proposed future trails as described under
Alternative A and Alternative B, but there would be two spur trails
rather than a through-trail on the eastern perimeter of the Giacomini
Ranch.
Principal Differences Between the Draft and Final EIS/EIR:
Change in Preferred Alternative: The alternative preferred by the
NPS and CALC has been changed to Alternative D from Alternative C. The
lead agencies initially chose Alternative C as the Preferred
Alternative as it appeared to best meet both wetland restoration goals
and community public access needs. During public review of the DEIS/
EIR, a large number of responses from the public, organizations, and
agencies advocated selecting Alternative D because it was more
compatible with restoration and would have less traffic, noise,
pollution, and land use impacts.
Changes to Alternative D: Alternative D has been modified slightly
in the FEIS/EIR in response to public feedback so as to slightly
decrease the degree of excavation, to remove eucalyptus from Tomasini
Creek, and to construct an ADA-compliant trail and viewing platform at
the nearby White House Pool County Park. In addition, this alternative
now also incorporates the option for NPS to collaborate with Marin
County in a separate environmental process on possible additional
public access facilities on the southern perimeter of the project area
(as noted above).
[[Page 36029]]
Change in Impact Determinations: Because of refinement of
construction scheduling and project design (identified in Chapter 2),
the NPS and CALC have re-assessed some levels of impact identified,
although none of these changes results in any ``Significant,
Unavoidable Impacts'', such that all major impacts are mitigated to
moderate or lesser intensities.
Construction-related air quality impacts under Alternative
C have been reduced to moderate, although Alternative D still would
have major or substantial impacts that are mitigated to moderate levels
through implementation of recommended Best Management Practices.
Alternative A and Alternative B would have major impacts
on riparian habitat due to construction of the eastern perimeter trail
that could conflict with state and local policies on riparian habitat
protection, but these impacts would be mitigated to minor or moderate
through active and passive revegetation efforts.
Major restoration actions in Olema Marsh identified as
part of the adaptive restoration under Alternative C and Alternative D
such as culvert replacement would not be implemented until the NPS can
confirm these actions would not cause major impacts to municipal water
supply through increasing water salinities in the portion of the
Lagunitas Creek that is adjacent to municipal groundwater wells.
Summary of Public Engagement: On September 23, 2002, a Notice of
Intent (NOI) to conduct public scoping to inform preparation of an EIS
was published in the Federal Register. On September 25, 2002, a copy of
the NOI and scoping information was sent to 45 landowners adjacent to
the project area, and 163 persons and organizations on a public review
request list maintained by the Seashore. On October 4, 2002, the NOI
was sent to the Governor's Office of Planning and Research State
Clearinghouse for distribution to relevant state agencies (SCH
2002114002). Following agreement by CALC to act as the lead CEQA
agency, a Notice of Preparation (NOP) for preparation of a joint EIS/
EIR was prepared by CALC, and distributed to the State Clearinghouse,
which circulated the NOP between May 29 and June 30, 2003. The
extensive public scoping period also closed on June 30, 2003.
Oral comments were heard at a public information meeting at the
October 19, 2002 Advisory Commission held at the Point Reyes Dance
Palace where approximately 30 to 40 members of the public attended. In
addition to the oral comments obtained, approximately 86 individuals or
private organizations provided written comments regarding the proposed
restoration. Regulatory scoping meetings were conducted on November 6,
2002 and November 8, 2002 during the public scoping period. The NPS and
CALC received comments from seven local, state, or federal agencies.
After the public scoping phase concluded on June 30, 2003, a staff
report was prepared that summarized all information derived from the
public scoping process.
After a series of internal post-scoping discussions in spring 2004,
the NPS and CALC hosted a series of information meetings with
regulatory and local and state agencies, adjacent landowners, and local
technical experts in the field of wetland restoration, to present and
receive feedback on preliminary restoration and public access concepts.
This phase culminated in a public workshop on June 22, 2004, at the
Seashore Red Barn attended by more than 110 people. Following the June
public workshop, all interested individuals and organizations were
encouraged to submit comments to the NPS and CALC on the restoration
concepts and scope of the proposed DEIS/EIR.
Through July 23, 2004 written letters or e-mails from 58
individuals and 14 private organizations were received, as well as two
petitions with a total of approximately 450 signatures. NPS staff also
met with representatives of stakeholder groups from Marin County and
interested agencies that requested briefings. In response to the
comments received, the NPS and CALC contracted for two additional
studies on public access options within the project area that evaluated
potential impacts on resources and adjacent land uses, as well as
technical feasibility and costs. As part of this effort, additional
meetings were held with adjacent landowners and the general public in
February-March, 2005.
The Seashore's Notice of Availability for the DEIS/EIR was
published in the Federal Register on November 3, 2006. The EPA's
notification of filing of the DEIS/EIR was published in the Federal
Register on December 15, 2006, formally initiating the 60-day public
comment period. A notice that the DEIS/EIR had been also filed with the
State Clearinghouse was published on December 18, 2006. The Seashore
mailed over 450 letters regarding availability of the DEIS/EIR for
public review on December 13, 2006 (this letter also announced a public
meeting scheduled for January 25, 2007, at the Seashore Red Barn, and
confirmed that the public comment period would end February 14, 2007).
On December 14, 2006, a press release announcing the public meeting
was distributed to the Point Reyes Light, Marin Independent Journal,
and Press Democrat, as well as 28 other media outlets, including
newspapers, radio stations, and television stations. Details about the
public meeting were also posted on the Seashore's Web site. The Marin
Independent Journal and Point Reyes Light published articles about
release of the DEIS/EIR and the pending public meeting. Approximately
100 members of the public attended the January 25, 2007 meeting. The
Point Reyes Light published an account of the meeting on February 1,
2007.
Altogether approximately 180 interested individuals and
organizations responded to release of the DEIS/EIR; approximately 170
were from private individuals. There were no form letters. More than 99
percent of the letters submitted were from residents of Marin County.
Organizations providing comments included the Environmental Action
Committee of Marin; Point Reyes Lodging Association; Marin County
Bicycle Coalition/Community Pathways Committee/Access 4 Bikes;
California Native Plant Society; Point Reyes Village Association;
Sierra Club, Marin Chapter; and Tomales Bay Association. Ten responses
were received from local, state, or federal agencies--the California
Coastal Commission; the California Regional Water Quality Control
Board; the Gulf of the Farallones National Marine Sanctuary; the North
Marin Water District; the Marin/Sonoma Mosquito and Vector Control
District; the County of Marin Department of Public Works; the County of
Marin Department of Parks and Open Space District; the State Department
of Conservation; the State of California Department of Fish and Game;
and the EPA.
More than 90 percent of the oral and written comments received
during the public meeting and throughout the comment period concerned
the choice of Alternative C as the Preferred Alternative. A large
number of comments also advocated modifications to either the existing
Preferred Alternative or to Alternative D, with most of these proposed
modifications focusing on changes to the public access components on
the eastern and southern perimeters of the project area. On March 2,
2007, the EPA published its Lack of Objection (LO) findings regarding
the DEIS/EIR, noting that the ``EPA supports the proposed project and
believes it will significantly improve the hydrologic
[[Page 36030]]
and ecological processes and functions in the Tomales Bay Watershed.''
All written comments received and a summary of commentary from the
January 25, 2007, public meeting are available for inspection at the
Seashore Administration Building, 1 Bear Valley Road, Point Reyes
Station, CA. Substantive comments and responses are documented in the
FEIS/EIR. Copies of the FEIS/EIR may be obtained from the
Superintendent, Point Reyes National Seashore, Point Reyes, CA 94956,
Attn: Giacomini Wetlands Restoration Project, or by e-mail request to:
pore_planning@nps.gov (in the subject line, type: Giacomini Wetlands
Restoration Project). The document will be sent directly to those who
have requested it, and also will be posted on the Internet at the
Seashore's Web site https://www.nps.gov/pore; and both the printed
document and digital version on compact disk will be available at the
park headquarters and local libraries.
Decision: As a delegated EIS/EIR, the official responsible for the
final decision is the Regional Director, Pacific West Region. A Record
of Decision, fully documenting the entire conservation planning and
environmental decision-making process, will be prepared not sooner than
30 days following publication in the Federal Register of the EPA's
notice of filing and availability of the Final EIS/EIR. Subsequently
and prior to implementation, notice of approval of the Record of
Decision will likewise be published in the Federal Register, as well as
announced via local and regional news media. Following approval of the
Giacomini Wetlands Restoration Project, the official responsible for
project implementation will be the Superintendent, Point Reyes National
Seashore.
Dated: April 25, 2007.
George J. Turnbull,
Acting Regional Director, Pacific West Region.
[FR Doc. E7-12714 Filed 6-29-07; 8:45 am]
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