Beneficial Reuse of Excavated Material in Tidal Marsh Restoration; Intent To Prepare Environmental Impact Statement, 22441-22443 [2024-06833]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22441-22443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06833]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-NWRS-2024-N009; FXRS12610800000-245-FF08R04000]


Beneficial Reuse of Excavated Material in Tidal Marsh 
Restoration; Intent To Prepare Environmental Impact Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) and the Santa 
Clara Valley Transportation Authority propose to act in partnership to 
prepare a joint draft environmental impact statement/environmental 
impact report to evaluate the impacts on the environment related to 
placing excavated or other fill material into several former salt 
production ponds on, and adjacent to, Don Edwards San Francisco Bay 
National Wildlife Refuge to raise the pond bottoms for the purpose of 
accelerating the timeline for tidal marsh habitat restoration. The 
Service is providing this notice to open a public scoping period in 
accordance with the requirements of the National Environmental Policy 
Act and its implementing regulations. We invite comment from the public 
and local, State, Tribal, and Federal agencies.

DATES: To ensure consideration in our reviews, we are requesting 
submission of new information no later than May 16, 2024.

ADDRESSES: You may submit written comments and materials by one of the 
following methods:
     U.S. Mail: San Francisco Bay National Wildlife Refuge 
Complex, Attn: Beneficial Reuse Project, 1 Marshlands Road, Fremont, CA 
94555.
     Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Matthew Brown, Complex Manager, San 
Francisco Bay National Wildlife Refuge Complex, via email at 
[email protected] or via phone at 510-453-6695. Individuals in the 
United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: The U.S. Fish and Wildlife Service (Service) 
and the Santa Clara Valley Transportation Authority, in cooperation 
with the Santa Clara Valley Water District, propose to prepare a joint 
draft environmental impact statement/environmental impact report to 
evaluate the effects of placing excavated or other fill material into 
several former salt production ponds around South San Francisco Bay to 
raise the pond bottoms for the purpose of accelerating the timeline for 
tidal marsh habitat restoration. The joint draft environmental impact 
statement/environmental impact report would analyze the Beneficial 
Reuse of Excavated Material in Tidal Marsh Restoration Project 
(Beneficial Reuse Project) at both a project level and a programmatic 
level.
    The Beneficial Reuse Project would be analyzed at a project level 
by explicitly evaluating the potential transport and placement of up to 
3.5 million cubic yards of excavated material from VTA's BART Silicon 
Valley-Phase II Extension Project (BSVII project) for the purpose of 
raising the deeply subsided pond bottoms. For the project-level 
analysis, the Beneficial Reuse Project would be implemented at the Pond 
A8 Complex (consisting of Ponds A5, A7, A8, and A8S), Pond A12, and 
Pond A13 within the Don Edwards San Francisco Bay National Wildlife 
Refuge. These ponds are owned by the USFWS and are part of the Alviso 
Pond Complex. The Beneficial Reuse Project would also be implemented at 
Pond A4, which is owned by Valley Water. These ponds were selected for 
analysis at the project level as they are relatively close to the BSVII 
Project site compared to other ponds in the South Bay.
    The Beneficial Reuse Project would also be analyzed at a 
programmatic level by evaluating the transport and placement of 
excavated material from future projects yet to be identified. Placement 
of such material could occur in the Ravenswood Pond Complex (except 
Pond SF2), the Alviso Pond Complex (including the A8 Complex, A12, and 
A13, and excluding A22 and A23), and Pond A4. The programmatic analysis 
would allow other project proponents to use the joint draft 
environmental impact statement/environmental impact report as the basis 
for their future projects that would also transport and place excavated 
material into the ponds for the purpose of raising pond bottoms. These 
other project proponents would need to conduct additional environmental 
analysis at the project-level once their projects are sufficiently 
defined.
    We are requesting comments concerning the scope of the analysis and 
identification of relevant information and studies.

Purpose and Need for the Proposed Action

    The purpose of the Beneficial Reuse Project is to:
     Transport BSVII Project tunnel excavation material and 
other excavated material to select former salt production ponds in 
South San Francisco Bay for beneficial reuse.
     Place excavated material within select ponds to raise the 
elevation of pond bottoms to accelerate the timeline for and increase 
the certainty of tidal marsh restoration.
     Place excavated material in the Pond A8 Complex and/or 
other select ponds with legacy mercury to cover and bury contaminated 
sediments to reduce the potential for mercury to bioaccumulate through 
the aquatic environment.
    The need for the Beneficial Reuse Project is as follows:
     The BSVII Project will generate a considerable amount of 
excavated material on a daily basis during construction of the 5-mile-
long tunnel and other facilities. The material must be hauled off site 
regularly to keep pace

[[Page 22442]]

with construction and limited onsite storage facilities.
     The former salt production ponds in South San Francisco 
Bay require large quantities of sediment to raise the elevation of 
deeply subsided pond bottoms to eventually reach marsh plain elevation 
where tidal marsh restoration can occur (as part of a future action). 
Placing excavated material into the pond bottoms would accelerate the 
timeline for eventual tidal marsh restoration relative to sedimentation 
from natural processes (i.e., tidal action) alone. This is especially 
important in the face of sea-level rise and the sediment deficit in San 
Francisco Bay.
     There is high mercury concentration in the sediments of 
the Pond A8 Complex and nearby ponds as a result of historic mining 
operations in the Guadalupe River watershed. Natural tidal action can 
cause the resuspension of sediment containing mercury and increase the 
potential for bioaccumulation of mercury in aquatic organisms. Placing 
excavated material into the pond bottoms would cover sediment 
contaminated with mercury and reduce the potential for mercury to 
bioaccumulate through the aquatic environment.

Preliminary Proposed Action and Alternative

    One Proposed Action Alternative and the No Action Alternative will 
be evaluated in the draft environmental impact statement/environmental 
impact report. The draft environmental impact statement/environmental 
impact report will analyze the Proposed Action Alternative on a 
project-level and a programmatic level, as discussed below.
    The project-level components of the Proposed Action Alternative 
would send all excavated material from the BSVII Project to the 
project-level ponds (Ponds A4, A8 Complex, A12, and A13). The Proposed 
Action Alternative would include two methods for hauling excavated 
material from the BSVII Project to the project-level ponds: truck haul 
method and rail haul method. Under the truck haul method, the Proposed 
Action Alternative assumes use of a truck haul route on State Route 
237, then use of local streets to reach the project-level ponds. Under 
the rail haul method, the Proposed Action Alternative would include the 
use of rail to haul material from the future BSVII Project Newhall 
Maintenance Facility. This method would include construction of 
additional tracks at the maintenance facility, an option to construct a 
spur track near Pond A12, and an option to use an existing spur track 
that leads to the GreenWaste Zanker Resource Recovery Facility near Los 
Esteros Road in San Jose. Under the rail haul method, improvements 
would be required at the future BSVII Project Newhall Maintenance 
Facility. The truck haul method and the rail haul method could be used 
exclusively or in combination.
    The Proposed Action Alternative would include three methods for the 
placement of excavated material within the project-level ponds once it 
is offloaded near a pond shoreline by truck or conveyor belt: 
conventional equipment method, hydraulic methodologies, and/or conveyor 
system methodologies. The Proposed Action Alternative could use one, 
two, or all three of these methods at any project-level pond.
    The programmatic analysis would evaluate the addition of excavated 
material from future projects yet to be identified for all the ponds 
covered in the joint draft environmental impact statement/environmental 
impact report. The programmatic analysis would allow other project 
proponents to use the joint draft environmental impact statement/
environmental impact report as the basis for their future projects that 
would also transport and place excavated material into the ponds for 
the purpose of raising pond bottoms. These other project proponents 
would need to conduct additional environmental analysis at the project-
level once their projects are sufficiently defined.
    Under the No Action Alternative, all excavated material generated 
by the BSVII Project would be transported to the disposal sites 
identified in Santa Clara Valley Transportation Authority's 2018 BART 
Silicon Valley-Phase II Extension Project Final Supplemental 
Environmental Impact Statement/Subsequent Environmental Impact Report 
and Section 4(f) Evaluation, which includes landfills and quarries. No 
excavated material from the BSVII Project or any other project would be 
sent to any of the Beneficial Reuse Project project-level or 
programmatic-level ponds to be placed in the ponds for the purpose of 
raising the pond bottoms to accelerate the timeline for tidal marsh 
habitat restoration.

Summary of Expected Impacts

    Based on our initial evaluation of the Proposed Action Alternative, 
the following impacts would be expected: construction waste reuse; 
greenhouse gas emissions reductions; short-term disturbance to and 
changes in habitat conditions for listed and sensitive species; fill in 
waters of the U.S. and State of California, temporary increases in dust 
and other air pollutants during construction; changes to movement of 
water within ponds caused by changing the elevation of pond bottoms; 
temporary impacts to water quality during material placement; temporary 
changes to existing public access; and temporary increases in 
construction traffic on the roadways within the vicinity of the ponds, 
including the Alviso neighborhood. Indirect benefits would result from 
facilitating future restoration of tidal marsh habitat by raising the 
bottoms of former salt production ponds, allowing vegetated marsh to be 
restored much more quickly when tidal restoration occurs in the future 
by others.

Anticipated Permits and Authorizations

    The following permits and other authorizations are anticipated to 
be required:
     U.S. Army Corps of Engineers Clean Water Act (CWA) section 
404 permit and Rivers and Harbors Act section 10 permit and others, if 
appropriate;
     San Francisco Bay Regional Water Quality Control Board CWA 
section 401 water quality certification;
     California Department of Fish and Wildlife lake and 
streambed alteration agreement;
     California Department of Fish and Wildlife section 2081(b) 
incidental take permit;
     San Francisco Bay Conservation and Development Commission 
consistency determination;
     Refuge special-use permit to the Santa Clara Valley 
Transportation Authority for construction access and activities on 
Refuge lands;
     Consultation pursuant to section 7 of the Federal 
Endangered Species Act with the U.S. Fish and Wildlife Service and 
National Marine Fisheries Service;
     Consultation with the National Marine Fisheries Service 
regarding essential fish habitat under the Magnuson-Stevens Fishery 
Conservation and Management Act, and consultation regarding marine 
mammals pursuant to the Marine Mammal Protection Act; and
     Consultation with Tribes and the State Historic 
Preservation Officer pursuant to section 106 of the National Historic 
Preservation Act.

Schedule for the Decision-Making Process

    Processing of the environmental impact statement, from the public 
scoping stage to the signing of the record of decision, is expected to 
take up to 2 years. The draft environmental impact statement/
environmental impact report is scheduled for release in early 2025. The 
final environmental impact

[[Page 22443]]

statement is scheduled for completion by mid-2025, with the record of 
decision expected to be issued in mid-2025. Permitting is expected to 
be completed at approximately the same time as the signing of the 
record of decision. Subsequent actions will involve the processing of 
all required permits needed to implement the beneficial reuse of 
excavated materials.

Environmental Impact Statement Public Scoping Process

    This notice of intent initiates the 45-day scoping process, which 
guides the development of the draft environmental impact statement. The 
scoping process is designed to elicit comments from the public, public 
agencies, Tribal governments, and other interested parties on the scope 
of the draft environmental impact statement. All interested parties are 
encouraged to provide written comments on the scope of the 
environmental impact statement.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    The Service requests comments concerning the scope of the analysis 
and identification of relevant information and studies. All interested 
parties are invited to provide input related to the identification of 
potential alternatives, information, and analyses relevant to the 
Proposed Action Alternative in writing. All written comments should be 
submitted via any of the methods provided under ADDRESSES.

Lead and Cooperating Agencies

    The Service is the lead agency for the environmental impact 
statement. The Santa Clara Valley Transportation Authority will serve 
as the lead State agency.

Decision Maker

    The Decision Maker is the Service's Regional Director for the U.S. 
Fish and Wildlife Service, Pacific Southwest Region.

Nature of Decision To Be Made

    The Regional Director, after considering the analysis and 
information provided in the final environmental impact statement, as 
well as the comments received throughout the draft environmental impact 
statement review process, will determine if the proposed action 
sufficiently achieves the purpose and need for the project. The 
decision, which will be documented in the Record of Decision, will also 
consider the consistency of the action with agency policies, 
regulations, and applicable laws, and the contribution the action will 
make towards achieving the purposes for which the Don Edwards San 
Francisco Bay National Wildlife Refuge was established, while also 
contributing to the mission and goals of the National Wildlife Refuge 
System.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Authority

    This document is published under the authority of the National 
Environmental Policy Act regulations pertaining to the publication of a 
notice of intent to issue an environmental impact statement (40 CFR 
1501.9(d)).

Jill Russi,
Acting Regional Director, Pacific Southwest Region.
[FR Doc. 2024-06833 Filed 3-29-24; 8:45 am]
BILLING CODE 4333-15-P