Notice of Intent To Prepare an Environmental Impact Statement for construction of the Proposed Delta Conveyance Project, Sacramento, San Joaquin, Contra Costa, and Alameda Counties, CA

Published date20 August 2020
Record Number2020-18197
SectionNotices
CourtArmy, Corps Of Engineers Department
Federal Register, Volume 85 Issue 162 (Thursday, August 20, 2020)
[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
                [Notices]
                [Pages 51420-51422]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-18197]
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                DEPARTMENT OF DEFENSE
                Department of the Army, Corps of Engineers
                Notice of Intent To Prepare an Environmental Impact Statement for
                construction of the Proposed Delta Conveyance Project, Sacramento, San
                Joaquin, Contra Costa, and Alameda Counties, CA
                AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
                ACTION: Notice of Intent.
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                SUMMARY: The U.S. Army Corps of Engineers Sacramento District (USACE),
                as the lead agency under the National Environmental Policy Act (NEPA),
                will prepare an Environmental Impact Statement (EIS) for construction
                of the Delta Conveyance Project. The California Department of Water
                Resources (DWR) is the project proponent and will be referred to
                hereafter as the Applicant. The EIS will analyze the Applicant's
                proposed action to construct new conveyance facilities in the
                Sacramento-San Joaquin Delta (Delta) which includes intake facilities
                on the Sacramento River, tunnel reaches and tunnel shafts, a southern
                forebay and pumping plant, and south Delta Conveyance facilities that
                would connect to the existing State Water Project (SWP) infrastructure.
                ADDRESSES: U.S. Army Corps of Engineers, Sacramento Regulatory
                Division, Attn: Mr. Zachary Simmons, 1325 J Street, Room 1350,
                Sacramento, CA 95814-2922.
                FOR FURTHER INFORMATION CONTACT: Questions about the proposed action
                and EIS can be answered by Mr. Zachary Simmons, at (916) 557-6746, by
                email at [email protected]; or mail at U.S. Army Corps
                of Engineers, Sacramento Regulatory Division, Attn: Mr. Zachary
                Simmons, 1325 J Street, Room 1350, Sacramento, CA 95814-2922. Requests
                to be placed on the electronic or surface mail notification lists
                should also be sent to this address. For further information or media
                inquiries, contact Mr. Paul Bruton at (916) 557-5166, or by email at
                [email protected].
                SUPPLEMENTARY INFORMATION: The proposed action requires permission from
                USACE is required under Section 14 of the Rivers and Harbors Act (RHA).
                In addition, the proposed work in navigable waters and discharge of
                dredge or fill material into waters of the U.S. requires authorization
                from USACE under Section 10 of the RHA of 1899 and Section 404 of the
                Clean Water Act.
                [[Page 51421]]
                 1. Proposed Action. The project requiring an EIS involves
                construction of new conveyance facilities in the Delta that would
                connect to the existing SWP infrastructure. USACE's jurisdiction is
                limited to construction activities resulting in the discharge of dredge
                or fill material within waters of the U.S., work or structures within
                navigable waters, and modifications to the federal levees and
                navigation projects. The scope of the USACE NEPA review for operations
                of the new facilities is limited to potential effects to navigation and
                long-term operations and maintenance of the modifications to federal
                levees. The scope does not extend to the potential downstream effects
                from the diversion of water through new intakes or to the overall SWP
                and water deliveries.
                 The proposed action includes the construction of new intake
                facilities, a tunnel, and a forebay. Two new intake facilities would be
                located in the north Delta along the east bank of the Sacramento River
                between the communities of Clarksburg and Courtland. The new conveyance
                facilities would include a tunnel to convey water from the new intakes
                to a pumping plant and new southern forebay on Byron Tract, immediately
                west of the existing Clifton Court Forebay. A dual tunnel would connect
                the new facilities to the existing State Water Project (SWP) Banks
                Intake Canal in the south Delta. The new facilities would provide the
                SWP with an alternate location for diversion of water from the Delta
                and would be operated in coordination with the existing SWP south Delta
                pumping facilities, resulting in a system also known as ``dual
                conveyance'' because there would be two complementary methods to divert
                and convey water. Under the proposed project, the new north Delta
                facilities would be sized to convey up to 6,000 cubic feet per second
                (cfs) of water from the Sacramento River to the SWP facilities in the
                south Delta.
                 Because the proposed action would alter Federal levees and cross
                under a federal navigation project, permission from USACE is required
                under Section 14 of the Rivers and Harbors Act (RHA) (33 U.S.C. 408)
                (Section 408). In addition, the proposed work in navigable waters and
                discharge of dredge or fill material into waters of the U.S. requires
                authorization from USACE under Section 10 of the RHA (33 U.S.C. 403)
                and Section 404 of the Clean Water Act (33 U.S.C. 1344). Proposed
                project elements requiring a permit under Section 404 and/or Section 10
                include the construction of the intakes within the Sacramento River and
                associated intake facilities which include setback levees, two tunnel
                shafts, and temporary construction work areas. Project elements along
                the tunnel corridor include 13 crossings of navigable waterways, eight
                tunnel shafts, access roads and access road improvements, staging
                areas, tunnel material storage areas, and a barge landing within the
                Stockton Deep Water Ship Channel (SDWSC) at Lower Roberts Island.
                Project elements at the southern forebay facilities include
                construction of the new Southern Forebay, three tunnel shafts, one
                crossing of a navigable waterway, a pumping plant, outlet and control
                structure, tunnel material storage area, and temporary construction
                work areas. Proposed project elements requiring authorization under
                Section 408 include the crossing under the SDWSC, the barge landing
                within the SDWSC, and alterations to the Sacramento River Flood Control
                Project (SRFCP) to construct the intakes within the Sacramento River,
                associated intake facilities, and construction and maintenance of the
                setback levees along the Sacramento River. Compensatory mitigation
                would be required for unavoidable impacts to waters of the U.S. and
                would be developed during the EIS process.
                 Construction of the overall conveyance project, if approved, would
                take approximately 13 years, but the duration of construction at most
                locations would vary and would not extend for this full construction
                period. The future operation of the intakes after completion of
                construction would not be within control or responsibility of the
                Corps.
                 2. Alternatives. A number of project alternatives, including the no
                action alternative and the Applicant's preferred alternative will be
                evaluated in the EIS in accordance with NEPA (33 CFR part 230 (USACE
                NEPA Regulations) and 33 CFR part 325, Appendix B (NEPA Implementation
                Procedures for USACE Regulatory Projects). Current alternatives to be
                analyzed include variations of the proposed project. Options include
                two of three possible intake structures, multiple intake structure
                designs based on impact footprint and fish screen designs, intake and
                tunnel capacity between 3,000 to 7,500 cfs, and optimizing a tunnel
                alignment to minimize impacts within either a central Delta or eastern
                Delta corridor.
                 3. Scoping Process.
                 a. Affected Federal, State, regional, and local agencies; Native
                American Tribes; other interested private organizations; and the
                general public are invited to participate in the scoping process.
                Comments can be submitted to the contacts identified above or submitted
                via the website identified in 4. Scoping Meetings below.
                 b. The EIS will analyze the environmental effects of construction
                on the aquatic environment and all other impacts that fall within the
                USACE jurisdiction. Potentially significant issues to be analyzed in
                depth include impacts to waters of the United States (including
                wetlands), the federal flood control project, and air quality. Other
                impacts include biological resources, special status species, hydrology
                and water quality, land use, navigation, water supply, aesthetics,
                recreation, and socioeconomic effects.
                 c. USACE has invited the U.S. Fish and Wildlife Service, the
                National Marine Fisheries Service, and the U.S. Environmental
                Protection Agency to participate as cooperating agencies in the
                preparation of the EIS. The Applicant is lead agency for the
                preparation of an Environmental Impact Report (EIR) under the
                California Environmental Quality Act for the proposed project. The two
                environmental reviews will be completed as separate, but parallel
                processes, and result in separate documents.
                 d. USACE will consult with the State Historic Preservation Officer
                and with Native American Tribes to comply with the National Historic
                Preservation Act, and with the U.S. Fish and Wildlife Service (USFWS)
                and National Marine Fisheries Service (NMFS) to comply with the
                Endangered Species Act. USACE will also coordinate with the USFWS to
                comply with the Fish and Wildlife Coordination Act and with NMFS to
                comply with the Magnuson-Stevens Fishery Conservation and Management
                Act.
                 4. Scoping Meetings. Due to the current COVID-19 pandemic and in
                compliance with Army and USACE directives, no in-person public scoping
                meetings will be held. Members of the public are invited to view
                project information and a presentation on the USACE proposed action at
                https://www.spk.usace.army.mil/Missions/Regulatory/Permitting/Environmental-Impact-Statements/. Comments may be submitted via the
                website or through email or written comments submitted to the contacts
                listed above.
                 5. Availability of the Draft EIS. The draft EIS is scheduled to be
                available for
                [[Page 51422]]
                public review and comment in mid-2021.
                Paul E. Owen,
                Brigadier General, U.S. Army, Commanding.
                [FR Doc. 2020-18197 Filed 8-19-20; 8:45 am]
                BILLING CODE 3720-58-P
                

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