83_FR_23386 83 FR 23289 - Otay River Estuary Restoration Project, South San Diego Bay Unit of the San Diego Bay National Wildlife Refuge, California; Final Environmental Impact Statement

83 FR 23289 - Otay River Estuary Restoration Project, South San Diego Bay Unit of the San Diego Bay National Wildlife Refuge, California; Final Environmental Impact Statement

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 97 (May 18, 2018)

Page Range23289-23291
FR Document2018-10630

We, the U.S. Fish and Wildlife Service, announce the availability of a final environmental impact statement (EIS) for a proposed project to restore coastal wetlands at the south end of San Diego Bay. The Otay River Estuary Restoration Project is located within the South San Diego Bay Unit of the San Diego Bay National Wildlife Refuge (NWR) in San Diego County, California. This notice advises the public that the final EIS is now available to the public. The final EIS describes the alternatives identified to restore two portions of the South San Diego Bay Unit of the San Diego Bay NWR to coastal wetlands to benefit native fish, wildlife, and plant species.

Federal Register, Volume 83 Issue 97 (Friday, May 18, 2018)
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23289-23291]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10630]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-R-2018-N008; FF08RSDC00-189-F1611MD-FXRS12610800000]


Otay River Estuary Restoration Project, South San Diego Bay Unit 
of the San Diego Bay National Wildlife Refuge, California; Final 
Environmental Impact Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; final environmental impact statement.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of a final environmental impact statement (EIS) for a 
proposed project to restore coastal wetlands at the south end of San 
Diego Bay. The Otay River Estuary Restoration Project is located within 
the South San Diego Bay Unit of the San Diego Bay National Wildlife 
Refuge (NWR) in San Diego County, California. This notice advises the 
public that the final EIS is now available to the public. The final EIS 
describes the alternatives identified to restore two portions of the 
South San Diego Bay Unit of the San Diego Bay NWR to coastal wetlands 
to benefit native fish, wildlife, and plant species.

ADDRESSES: Document Availability: You may obtain copies of the EIS and 
related documents in the following places:
     Internet: https://www.fws.gov/refuge/San_Diego_Bay/what_we_do/Resource_Management/Otay_Restoration.html.
     In Person:
    [cir] San Diego National Wildlife Refuge Complex Headquarters, 1080 
Gunpowder Point Drive, Chula Vista, CA 91910; telephone: 619-476-9150, 
extension 103.
    [cir] Chula Vista Public Library, Civic Center Branch, 365 F 
Street, Chula Vista, CA 91910; telephone: 619-691-5069.
    [cir] San Diego County Library, Imperial Beach Branch Library, 810 
Imperial Beach Blvd. Imperial Beach, CA 91932; telephone: 619-424-6981.
    [cir] Chula Vista Public Library, South Chula Vista Branch, 389 
Orange Avenue, Chula Vista, CA 91911; telephone: 619-585-5755.

FOR FURTHER INFORMATION CONTACT: Brian Collins, Refuge Manager, San 
Diego Bay National Wildlife Refuge at 619-575-2704, extension 302 
(telephone) or brian_collins@fws.gov (email); or Andy Yuen, Project 
Leader, 619-476-9150, extension 100 (telephone), or andy_yuen@fws.gov 
(email).

[[Page 23290]]


SUPPLEMENTARY INFORMATION: 

National Environmental Policy Act Compliance

    We are conducting environmental review for the proposed Otay River 
Estuary Restoration Project in accordance with the requirements of the 
National Environmental Policy Act, as amended (NEPA; 42 U.S.C. 4321 et 
seq.), its implementing regulations in 40 CFR 1500-1508), other 
applicable regulations, and our procedures for compliance with those 
regulations. The U.S. Army Corps of Engineers is participating as a 
cooperating agency in preparation of the EIS. On November 14, 2011, we 
published in the Federal Register a notice of intent to prepare an 
environmental impact statement (EIS) for the Otay project (76 FR 
70480). Based on information developed after the scoping period, the 
proposed area of the project was expanded, so on January 8, 2013, we 
published a notice to reinitiate the scoping process (78 FR 1246). We 
announced the availability of the draft EIS for public comment on 
October 21, 2016 (81 FR 72817), and reopened the comment period on 
December 27, 2016 (81 FR 95176). In accordance with 40 CFR 1506.6, we 
now announce the availability of the final EIS.
    In addition to our publication of this notice, the U.S. 
Environmental Protection Agency (EPA) is publishing a notice announcing 
the final EIS, as required under section 309 of the Clean Air Act (42 
U.S.C. 7401 et seq.). The publication date of EPA's notice of 
availability in the Federal Register is the start of the 30-day wait 
period required for the final EIS. (See EPA's Role in the EIS Process, 
below, for further information.)
    We will make a decision on the alternatives presented in the EIS no 
sooner than 30 days after the publication of the final EIS. We 
anticipate issuing a Record of Decision (ROD) in 2018.

Background

    In 2006, we completed a comprehensive conservation plan (CCP) and 
EIS/ROD to guide the management of the San Diego Bay NWR over a 15-year 
period (71 FR 64552, November 2, 2006). The wildlife and habitat 
management goal of the selected management alternative in the CCP for 
the South San Diego Bay Unit is to ``Protect, manage, enhance, and 
restore . . . coastal wetlands . . . to benefit the native fish, 
wildlife, and plant species supported within the South San Diego Bay 
Unit.'' One of the strategies identified to meet this goal is to 
restore native habitats in the Otay River floodplain and the salt 
ponds.
    On November 15, 2007, the California Coastal Commission 
(Commission) approved a coastal development permit (CDP No. E-06-013) 
for a proposal by Poseidon Resources (Channelside) LP (Poseidon) to 
construct and operate a desalination facility in Carlsbad, California. 
As part of that approval, the Commission required Poseidon, through 
special condition 8, to submit for additional Commission review and 
approval a marine life mitigation plan (MLMP) to address the impacts to 
be caused by the facility's use of estuarine water and its entrainment 
of marine organisms. The MLMP was conditionally approved by the 
Commission on August 6, 2008 (CCC 2008). With the incorporation of the 
Commission's revisions, the MLMP was finalized on November 21, 2008. 
The MLMP requires that Poseidon submit a proposed mitigation site and 
preliminary restoration plan that achieves the following mitigation 
requirements:
     Create or substantially restore tidal wetland habitat, 
preferably in the San Diego Region;
     Restore at least 66.4 acres of coastal wetland habitat as 
mitigation at a maximum of two sites;
     The chosen site must be available and protected against 
future degradation; and
     Fish productivity must be at least 1,717.5 kg/year.

Project

    On September 29, 2010, the San Diego NWR Complex and Poseidon 
entered into a memorandum of understanding to establish a partnership 
to facilitate the restoration of property within the San Diego Bay NWR, 
consistent with the CCP and the Commission's permit requirements for 
Poseidon. The proposed restoration project represents step-down 
restoration planning for the western portion of the Otay River 
floodplain and one of the salt ponds within the Refuge's solar salt 
pond complex. Funding for the proposed restoration is being provided by 
the Poseidon Resources Carlsbad Desalination Project to fulfill part of 
the mitigation requirements imposed by the Commission and the Regional 
Water Quality Control Board for the construction of a desalination 
plant in Carlsbad.
    The proposed action site is located at the south end of San Diego 
Bay, San Diego County, California, within the South San Diego Bay Unit 
of the San Diego Bay NWR. Restoration activities will occur at two 
separate locations within the Refuge: The Otay River Floodplain Site 
and the Pond 15 Site. Specifically, the approximately 34-acre Otay 
River Floodplain Site is located west of Interstate 5 (I-5) between 
Main Street to the north and Palm Avenue to the south in San Diego. The 
Pond 15 Site consists of an approximately 91-acre active solar salt 
pond located in the northeast portion of the Refuge, to the northwest 
of the intersection of Bay Boulevard and Palomar Street in Chula Vista.

Alternatives

    The site-specific EIS for the Otay project tiers from the 2006 
programmatic EIS and ROD prepared for the Refuge CCP. We analyzed three 
alternatives in this final EIS:

Alternative A: No Action Alternative

    Under the No Action Alternative, the disturbed areas within the 
Otay River Floodplain Site would not be restored or enhanced to coastal 
wetlands to benefit native species, and the Pond 15 Site would not be 
restored to tidally influenced subtidal and intertidal habitat. Under 
this alternative, Pond 15 would remain part of an existing commercial 
solar salt operation, and periodic maintenance to control non-native 
plants would continue to occur on the Otay River Floodplain Site in 
conjunction with ongoing management of the Refuge.

Alternative B: Intertidal Alternative (Proposed Action)

    The Intertidal Alternative, Alternative B, is the proposed action. 
The proposed action would involve lowering the elevation and contouring 
the Otay River Floodplain Site to create approximately 29.8 acres of 
tidally influenced habitat, consisting of approximately 5.1 acres of 
intertidal mudflat and 24.7 acres of intertidal salt marsh habitat 
through altering elevations on the site. In addition, the restored area 
would include approximately 3.7 acres of upland habitat. The proposed 
action would also involve raising the elevation and contouring the Pond 
15 Site to create approximately 10.4 acres of subtidal habitat, 18.4 
acres of intertidal mudflat, 57.3 acres of intertidal salt marsh 
habitat, about 1 acre of high-tide refugia, and 3.9 acres of upland 
habitat. Both sites would be planted with a mix of native wetland 
vegetation that would mature into low-marsh, mid-marsh, and high-marsh 
vegetative communities. The intertidal areas and the unvegetated 
mudflat would provide foraging habitat for adult and juvenile fish, 
which then form the foraging base of the food chain

[[Page 23291]]

that would benefit larger fish, birds, and other species on and off the 
site.
    Implementation of the proposed action would involve the excavation 
of approximately 320,000 cubic yards of material from the Otay River 
Site and the transport of 260,000 cubic yards of this material to the 
Pond 15 Site for use in creating tidal elevations that would support 
the desired intertidal habitats and improving levees to separate Pond 
15 from the remaining active solar salt operation.
    The combination of the wetlands created at the Otay River 
Floodplain Site and Pond 15 Site under the proposed action would 
provide sufficient mitigation credit to meet the MLMP requirements.

Alternative C: Subtidal Alternative

    Alternative C, the Subtidal Alternative, would involve lowering the 
Otay River Floodplain Site to an elevation lower than that proposed 
under Alternative B (proposed action) to create a subtidal channel 
within the Otay River Floodplain Site. Under the Subtidal Alternative, 
the subtidal zone would be surrounded by mudflats and increasing 
elevation of salt marsh. Specifically, the Subtidal Alternative would 
involve lowering the elevation and contouring the Otay River Floodplain 
Site to create approximately 4.5 acres of subtidal habitat, 
approximately 6.5 acres of intertidal mudflat, 18.7 acres of intertidal 
salt marsh habitat, and approximately 3.7 acres of upland habitat. The 
Subtidal Alternative would also involve raising the elevation and 
contouring the Pond 15 Site to create tidally influenced habitat that 
would be similar to that proposed under Alternative B, with 
approximately 9.8 acres of subtidal habitat, 16.3 acres of intertidal 
mudflat, 58.7 acres of intertidal salt marsh, approximately 2.2 acres 
of high-tide refugia, and 4.0 acres of upland habitat. Both sites would 
be planted with a mix of native wetland vegetation that would mature 
into low-marsh, mid-marsh, and high-marsh vegetative communities. The 
subtidal areas would provide fish spawning and foraging habitat, and 
the unvegetated mudflat would provide foraging habitat for adult and 
juvenile fish during high tides. Combined, the subtidal and mudflat 
areas would provide habitat for the basis of the food chain that would 
benefit larger fish, birds, and other species on and off the site.
    Implementation of the Subtidal Alternative would involve the 
excavation of approximately 370,000 cubic yards of material from the 
Otay River Site and the transport of 312,000 cubic yards of this 
material to the Pond 15 Site for use in creating tidal elevations that 
would support the desired intertidal habitats and improving levees to 
separate Pond 15 from the remaining active solar salt operation.
    The combination of the wetlands created at the Otay River 
Floodplain Site and Pond 15 Site under the Subtidal Alternative would 
also provide sufficient mitigation credit to meet the MLMP 
requirements.

EPA's Role in the EIS Process

    The EPA is charged, under section 309 of the Clean Air Act, to 
review all Federal agencies' EISs and to comment on the adequacy and 
the acceptability of the environmental impacts of proposed actions in 
the EISs.
    EPA also serves as the repository for EISs prepared by Federal 
agencies and provides notice of their availability in the Federal 
Register. The Environmental Impact Statement (EIS) Database provides 
information about EISs prepared by Federal agencies, as well as EPA's 
comments concerning the EISs. All EISs are filed with EPA, which 
publishes a notice of availability on Fridays in the Federal Register.
    The notice of availability is the start of the 30-day ``wait 
period'' for final EISs, during which agencies are generally required 
to wait 30 days before making a decision on a proposed action. For more 
information, see https://www.epa.gov/nepa. You may search for EPA 
comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

Paul Souza,
Regional Director, Pacific Southwest Region.
[FR Doc. 2018-10630 Filed 5-17-18; 8:45 am]
 BILLING CODE 4333-15-P



                                                                                Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices                                             23289

                                               with the cumulative effects of other                    Public Comments                                       DEPARTMENT OF THE INTERIOR
                                               permitted take and additional factors
                                               affecting eagle populations, are                          We invite public comment on the                     Fish and Wildlife Service
                                               compatible with the preservation of bald                proposed DEA. If you wish, you may
                                                                                                                                                             [FWS–R8–R–2018–N008; FF08RSDC00–
                                               eagles and golden eagles.                               submit comments by any one of the                     189–F1611MD–FXRS12610800000]
                                                                                                       methods discussed in ADDRESSES. We
                                               Proposed Action                                         will consider public comments on the                  Otay River Estuary Restoration
                                                  The permit applicant, Northern States                DEA when making the final                             Project, South San Diego Bay Unit of
                                               Power Company—Minnesota, doing                          determination on NEPA compliance and                  the San Diego Bay National Wildlife
                                               business as Xcel Energy, is operating an                permit issuance.                                      Refuge, California; Final
                                               approximately 200.5-megatwatt                                                                                 Environmental Impact Statement
                                                                                                       Public Availability of Comments
                                               commercial wind energy facility in                                                                            AGENCY:   Fish and Wildlife Service,
                                               Stutsman County, North Dakota. The                        All comments and materials we                       Interior.
                                               100-turbine project, sited entirely on                  receive become part of the public record              ACTION: Notice of availability; final
                                               private land, became operational on                     associated with this action. Before                   environmental impact statement.
                                               December 1, 2016.                                       including your address, phone number,
                                                  The applicant developed an ECP                       email address, or other personal                      SUMMARY:   We, the U.S. Fish and
                                               based on our guidance contained in the                  identifying information in your                       Wildlife Service, announce the
                                               Eagle Conservation Plan Guidance                        comment, you should be aware that                     availability of a final environmental
                                               Module 1: Land-Based Wind Energy                        your entire comment—including your                    impact statement (EIS) for a proposed
                                               Version 2 (Service 2013) (ECP Guidance)                 personal identifying information—may                  project to restore coastal wetlands at the
                                               (https://www.fws.gov/migratorybirds/                    be made publicly available at any time.               south end of San Diego Bay. The Otay
                                               pdf/management/eagleconservation                        While you can ask us in your comment                  River Estuary Restoration Project is
                                               planguidance.pdf).                                      to withhold your personal identifying                 located within the South San Diego Bay
                                                  As recommended in the Service’s ECP                  information from public review, we                    Unit of the San Diego Bay National
                                               Guidance, the applicant’s plan outlines                                                                       Wildlife Refuge (NWR) in San Diego
                                                                                                       cannot guarantee that we will be able to
                                               avoidance and minimization measures,                                                                          County, California. This notice advises
                                                                                                       do so. All submissions from
                                               contains a risk assessment, and includes                                                                      the public that the final EIS is now
                                                                                                       organizations or businesses, and from
                                               advanced conservation practices and                                                                           available to the public. The final EIS
                                                                                                       individuals identifying themselves as                 describes the alternatives identified to
                                               adaptive management. The applicant                      representatives or officials of
                                               submitted the ECP as part of the permit                                                                       restore two portions of the South San
                                                                                                       organizations or businesses, and from                 Diego Bay Unit of the San Diego Bay
                                               application, and if we issue the permit,                individuals identifying themselves as
                                               then the conservation commitments                                                                             NWR to coastal wetlands to benefit
                                                                                                       representatives or officials of                       native fish, wildlife, and plant species.
                                               would become conditions of the permit.                  organizations or businesses, will be                  ADDRESSES: Document Availability: You
                                                  The Service independently evaluated                  made available for public disclosure in               may obtain copies of the EIS and related
                                               the risk of bald eagle fatalities from                  their entirety.                                       documents in the following places:
                                               project operations and compared that                                                                             • Internet: https://www.fws.gov/
                                               risk to the conservation measures to                    Next Steps
                                                                                                                                                             refuge/San_Diego_Bay/what_we_do/
                                               which the applicant committed. We                                                                             Resource_Management/Otay_
                                                                                                          The public process for the proposed
                                               used our Collision Risk Model to                                                                              Restoration.html.
                                               estimate the number of annual bald                      Federal permit action will be completed
                                                                                                       after the public comment period, at                      • In Person:
                                               eagle fatalities resulting from operation                                                                        Æ San Diego National Wildlife Refuge
                                               and maintenance of the project. This is                 which time we will evaluate the permit
                                                                                                       application and comments submitted                    Complex Headquarters, 1080
                                               an essential step in the Service’s                                                                            Gunpowder Point Drive, Chula Vista,
                                               evaluation of an application for a permit               thereupon to determine whether the
                                                                                                                                                             CA 91910; telephone: 619–476–9150,
                                               for take of eagles because issuing criteria             application meets the permitting
                                                                                                                                                             extension 103.
                                               require permitted take to comply with                   requirements under the Eagle Act,                        Æ Chula Vista Public Library, Civic
                                               the Eagle Act’s preservation standard. In               applicable regulations, and NEPA                      Center Branch, 365 F Street, Chula
                                               the DEA, we evaluate the risk and                       requirements. Upon completion of that                 Vista, CA 91910; telephone: 619–691–
                                               offsetting conservation measures, and                   evaluation, we will select our course of              5069.
                                               the implications for direct, indirect, and              action.                                                  Æ San Diego County Library, Imperial
                                               cumulative effects of issuing a permit                                                                        Beach Branch Library, 810 Imperial
                                                                                                       Authority
                                               and a No Action alternative.                                                                                  Beach Blvd. Imperial Beach, CA 91932;
                                               National Environmental Policy Act                         We provide this notice under section                telephone: 619–424–6981.
                                               Compliance                                              668a of the Eagle Act (16 U.S.C. 668–                    Æ Chula Vista Public Library, South
                                                                                                       668d) and the National Environmental                  Chula Vista Branch, 389 Orange
                                                  Our consideration of whether or not                  Policy Act of 1969 (42 U.S.C. 4321 et                 Avenue, Chula Vista, CA 91911;
                                               to issue a 5-year ETP is an action subject              seq.) and its implementing regulations                telephone: 619–585–5755.
                                               to the National Environmental Policy                    (40 CFR 1506.6 and 43 CFR 46.300).                    FOR FURTHER INFORMATION CONTACT:
                                               Act (NEPA). Our DEA analyzes the risk                                                                         Brian Collins, Refuge Manager, San
daltland on DSKBBV9HB2PROD with NOTICES




                                               of bald eagle take associated with                      Matt Hogan,                                           Diego Bay National Wildlife Refuge at
                                               operation and maintenance of the                        Deputy Regional Director, USFWS Mountain-             619–575–2704, extension 302
                                               project, and assesses the potential                     Prairie Region, Lakewood, Colorado.                   (telephone) or brian_collins@fws.gov
                                               effects of permit issuance and a No                     [FR Doc. 2018–10629 Filed 5–17–18; 8:45 am]           (email); or Andy Yuen, Project Leader,
                                               Action alternative (i.e., do not issue an               BILLING CODE 4333–15–P                                619–476–9150, extension 100
                                               ETP) on the human and natural                                                                                 (telephone), or andy_yuen@fws.gov
                                               environment.                                                                                                  (email).


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                                               23290                            Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices

                                               SUPPLEMENTARY INFORMATION:                              native habitats in the Otay River                     within the Refuge: The Otay River
                                                                                                       floodplain and the salt ponds.                        Floodplain Site and the Pond 15 Site.
                                               National Environmental Policy Act                          On November 15, 2007, the California               Specifically, the approximately 34-acre
                                               Compliance                                              Coastal Commission (Commission)                       Otay River Floodplain Site is located
                                                  We are conducting environmental                      approved a coastal development permit                 west of Interstate 5 (I–5) between Main
                                               review for the proposed Otay River                      (CDP No. E–06–013) for a proposal by                  Street to the north and Palm Avenue to
                                               Estuary Restoration Project in                          Poseidon Resources (Channelside) LP                   the south in San Diego. The Pond 15
                                               accordance with the requirements of the                 (Poseidon) to construct and operate a                 Site consists of an approximately 91-
                                               National Environmental Policy Act, as                   desalination facility in Carlsbad,                    acre active solar salt pond located in the
                                               amended (NEPA; 42 U.S.C. 4321 et                        California. As part of that approval, the             northeast portion of the Refuge, to the
                                               seq.), its implementing regulations in 40               Commission required Poseidon, through                 northwest of the intersection of Bay
                                               CFR 1500–1508), other applicable                        special condition 8, to submit for                    Boulevard and Palomar Street in Chula
                                               regulations, and our procedures for                     additional Commission review and                      Vista.
                                               compliance with those regulations. The                  approval a marine life mitigation plan
                                               U.S. Army Corps of Engineers is                         (MLMP) to address the impacts to be                   Alternatives
                                               participating as a cooperating agency in                caused by the facility’s use of estuarine                The site-specific EIS for the Otay
                                               preparation of the EIS. On November 14,                 water and its entrainment of marine                   project tiers from the 2006
                                               2011, we published in the Federal                       organisms. The MLMP was                               programmatic EIS and ROD prepared for
                                               Register a notice of intent to prepare an               conditionally approved by the                         the Refuge CCP. We analyzed three
                                               environmental impact statement (EIS)                    Commission on August 6, 2008 (CCC                     alternatives in this final EIS:
                                               for the Otay project (76 FR 70480).                     2008). With the incorporation of the
                                               Based on information developed after                    Commission’s revisions, the MLMP was                  Alternative A: No Action Alternative
                                               the scoping period, the proposed area of                finalized on November 21, 2008. The                     Under the No Action Alternative, the
                                               the project was expanded, so on January                 MLMP requires that Poseidon submit a                  disturbed areas within the Otay River
                                               8, 2013, we published a notice to                       proposed mitigation site and                          Floodplain Site would not be restored or
                                               reinitiate the scoping process (78 FR                   preliminary restoration plan that
                                               1246). We announced the availability of                                                                       enhanced to coastal wetlands to benefit
                                                                                                       achieves the following mitigation                     native species, and the Pond 15 Site
                                               the draft EIS for public comment on                     requirements:                                         would not be restored to tidally
                                               October 21, 2016 (81 FR 72817), and                        • Create or substantially restore tidal            influenced subtidal and intertidal
                                               reopened the comment period on                          wetland habitat, preferably in the San
                                               December 27, 2016 (81 FR 95176). In                                                                           habitat. Under this alternative, Pond 15
                                                                                                       Diego Region;                                         would remain part of an existing
                                               accordance with 40 CFR 1506.6, we now                      • Restore at least 66.4 acres of coastal
                                               announce the availability of the final                                                                        commercial solar salt operation, and
                                                                                                       wetland habitat as mitigation at a
                                               EIS.                                                                                                          periodic maintenance to control non-
                                                                                                       maximum of two sites;
                                                  In addition to our publication of this                  • The chosen site must be available                native plants would continue to occur
                                               notice, the U.S. Environmental                          and protected against future                          on the Otay River Floodplain Site in
                                               Protection Agency (EPA) is publishing a                 degradation; and                                      conjunction with ongoing management
                                               notice announcing the final EIS, as                        • Fish productivity must be at least               of the Refuge.
                                               required under section 309 of the Clean                 1,717.5 kg/year.                                      Alternative B: Intertidal Alternative
                                               Air Act (42 U.S.C. 7401 et seq.). The                                                                         (Proposed Action)
                                                                                                       Project
                                               publication date of EPA’s notice of
                                               availability in the Federal Register is                    On September 29, 2010, the San Diego                  The Intertidal Alternative, Alternative
                                               the start of the 30-day wait period                     NWR Complex and Poseidon entered                      B, is the proposed action. The proposed
                                               required for the final EIS. (See EPA’s                  into a memorandum of understanding to                 action would involve lowering the
                                               Role in the EIS Process, below, for                     establish a partnership to facilitate the             elevation and contouring the Otay River
                                               further information.)                                   restoration of property within the San                Floodplain Site to create approximately
                                                  We will make a decision on the                       Diego Bay NWR, consistent with the                    29.8 acres of tidally influenced habitat,
                                               alternatives presented in the EIS no                    CCP and the Commission’s permit                       consisting of approximately 5.1 acres of
                                               sooner than 30 days after the                           requirements for Poseidon. The                        intertidal mudflat and 24.7 acres of
                                               publication of the final EIS. We                        proposed restoration project represents               intertidal salt marsh habitat through
                                               anticipate issuing a Record of Decision                 step-down restoration planning for the                altering elevations on the site. In
                                               (ROD) in 2018.                                          western portion of the Otay River                     addition, the restored area would
                                                                                                       floodplain and one of the salt ponds                  include approximately 3.7 acres of
                                               Background                                              within the Refuge’s solar salt pond                   upland habitat. The proposed action
                                                  In 2006, we completed a                              complex. Funding for the proposed                     would also involve raising the elevation
                                               comprehensive conservation plan (CCP)                   restoration is being provided by the                  and contouring the Pond 15 Site to
                                               and EIS/ROD to guide the management                     Poseidon Resources Carlsbad                           create approximately 10.4 acres of
                                               of the San Diego Bay NWR over a 15-                     Desalination Project to fulfill part of the           subtidal habitat, 18.4 acres of intertidal
                                               year period (71 FR 64552, November 2,                   mitigation requirements imposed by the                mudflat, 57.3 acres of intertidal salt
                                               2006). The wildlife and habitat                         Commission and the Regional Water                     marsh habitat, about 1 acre of high-tide
                                               management goal of the selected                         Quality Control Board for the                         refugia, and 3.9 acres of upland habitat.
                                               management alternative in the CCP for                   construction of a desalination plant in               Both sites would be planted with a mix
daltland on DSKBBV9HB2PROD with NOTICES




                                               the South San Diego Bay Unit is to                      Carlsbad.                                             of native wetland vegetation that would
                                               ‘‘Protect, manage, enhance, and restore                    The proposed action site is located at             mature into low-marsh, mid-marsh, and
                                               . . . coastal wetlands . . . to benefit the             the south end of San Diego Bay, San                   high-marsh vegetative communities.
                                               native fish, wildlife, and plant species                Diego County, California, within the                  The intertidal areas and the unvegetated
                                               supported within the South San Diego                    South San Diego Bay Unit of the San                   mudflat would provide foraging habitat
                                               Bay Unit.’’ One of the strategies                       Diego Bay NWR. Restoration activities                 for adult and juvenile fish, which then
                                               identified to meet this goal is to restore              will occur at two separate locations                  form the foraging base of the food chain


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                                                                                Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices                                            23291

                                               that would benefit larger fish, birds, and              cubic yards of this material to the Pond              sections 10(a)(1)(A) and 10(a)(1)(B) of
                                               other species on and off the site.                      15 Site for use in creating tidal                     the ESA. With some exceptions, the
                                                 Implementation of the proposed                        elevations that would support the                     ESA prohibits take of listed species
                                               action would involve the excavation of                  desired intertidal habitats and                       unless a Federal permit is issued that
                                               approximately 320,000 cubic yards of                    improving levees to separate Pond 15                  authorizes the taking or is exempted
                                               material from the Otay River Site and                   from the remaining active solar salt                  through section 7 of the ESA. Under
                                               the transport of 260,000 cubic yards of                 operation.                                            section 10(a)(1)(A), we issue
                                               this material to the Pond 15 Site for use                 The combination of the wetlands                     enhancement of survival permits in
                                               in creating tidal elevations that would                 created at the Otay River Floodplain                  conjunction with candidate
                                               support the desired intertidal habitats                 Site and Pond 15 Site under the                       conservation agreements with
                                               and improving levees to separate Pond                   Subtidal Alternative would also provide               assurances (CCAA) and safe harbor
                                               15 from the remaining active solar salt                 sufficient mitigation credit to meet the              agreements (SHA). Section 10(a)(1)(A)
                                               operation.                                              MLMP requirements.                                    also authorizes recovery permits, but
                                                 The combination of the wetlands                                                                             this notice is limited to permits issued
                                               created at the Otay River Floodplain                    EPA’s Role in the EIS Process
                                                                                                                                                             with CCAAs and SHAs; issued recovery
                                               Site and Pond 15 Site under the                           The EPA is charged, under section                   permits will be summarized in a
                                               proposed action would provide                           309 of the Clean Air Act, to review all               separate notice. Section 10(a)(1)(B)
                                               sufficient mitigation credit to meet the                Federal agencies’ EISs and to comment                 permits authorize take of endangered
                                               MLMP requirements.                                      on the adequacy and the acceptability of              and threatened species incidental to
                                                                                                       the environmental impacts of proposed                 otherwise lawful activities associated
                                               Alternative C: Subtidal Alternative
                                                                                                       actions in the EISs.                                  with habitat conservation plans. We
                                                  Alternative C, the Subtidal                            EPA also serves as the repository for               provide this list to the public as a
                                               Alternative, would involve lowering the                 EISs prepared by Federal agencies and                 summary of our permit issuances for
                                               Otay River Floodplain Site to an                        provides notice of their availability in              calendar year 2017.
                                               elevation lower than that proposed                      the Federal Register. The
                                               under Alternative B (proposed action) to                                                                      FOR FURTHER INFORMATION CONTACT: For
                                                                                                       Environmental Impact Statement (EIS)
                                               create a subtidal channel within the                    Database provides information about                   general information about the ESA
                                               Otay River Floodplain Site. Under the                   EISs prepared by Federal agencies, as                 permit process, contact Karen
                                               Subtidal Alternative, the subtidal zone                 well as EPA’s comments concerning the                 Anderson, 703–358–2301, karen_
                                               would be surrounded by mudflats and                     EISs. All EISs are filed with EPA, which              anderson@fws.gov. For information on
                                               increasing elevation of salt marsh.                     publishes a notice of availability on                 specific permits, see the contact
                                               Specifically, the Subtidal Alternative                  Fridays in the Federal Register.                      information below in Permits Issued.
                                               would involve lowering the elevation                      The notice of availability is the start             SUPPLEMENTARY INFORMATION:
                                               and contouring the Otay River                           of the 30-day ‘‘wait period’’ for final               Background
                                               Floodplain Site to create approximately                 EISs, during which agencies are
                                               4.5 acres of subtidal habitat,                          generally required to wait 30 days                       Under the authority of section
                                               approximately 6.5 acres of intertidal                   before making a decision on a proposed                10(a)(1)(A) of the Endangered Species
                                               mudflat, 18.7 acres of intertidal salt                  action. For more information, see                     Act of 1973 (16 U.S.C. 1531 et seq.;
                                               marsh habitat, and approximately 3.7                    https://www.epa.gov/nepa. You may                     ESA), we have issued permits to
                                               acres of upland habitat. The Subtidal                   search for EPA comments on EISs, along                conduct activities that provide a
                                               Alternative would also involve raising                  with EISs themselves, at https://                     conservation benefit for endangered or
                                               the elevation and contouring the Pond                   cdxnodengn.epa.gov/cdx-enepa-public/                  threatened species, or for unlisted
                                               15 Site to create tidally influenced                    action/eis/search.                                    species should they become listed in the
                                               habitat that would be similar to that                                                                         future, in response to permit
                                               proposed under Alternative B, with                      Paul Souza,                                           applications that we received in
                                               approximately 9.8 acres of subtidal                     Regional Director, Pacific Southwest Region.          conjunction with a CCAA or SHA.
                                               habitat, 16.3 acres of intertidal mudflat,              [FR Doc. 2018–10630 Filed 5–17–18; 8:45 am]              Under section 10(a)(1)(B), we may
                                               58.7 acres of intertidal salt marsh,                    BILLING CODE 4333–15–P                                issue permits for any taking otherwise
                                               approximately 2.2 acres of high-tide                                                                          prohibited by section 9 if such taking is
                                               refugia, and 4.0 acres of upland habitat.                                                                     incidental to, and not the purpose of,
                                               Both sites would be planted with a mix                  DEPARTMENT OF THE INTERIOR                            carrying out an otherwise lawful activity
                                               of native wetland vegetation that would                                                                       (known as an incidental take permit
                                               mature into low-marsh, mid-marsh, and                   Fish and Wildlife Service                             (ITP)) and the permit applicant submits
                                               high-marsh vegetative communities.                      [FWS–HQ–ES–2018–N063; FF09E42000 178                  a habitat conservation plan (HCP) that
                                               The subtidal areas would provide fish                   FXES11130900000]                                      meets the permit issuance criteria under
                                               spawning and foraging habitat, and the                                                                        section 10(a)(2)(B). Typically, applicants
                                               unvegetated mudflat would provide                       Endangered and Threatened Species;                    seek an ITP to conduct activities such as
                                               foraging habitat for adult and juvenile                 Issuance of Enhancement of Survival                   residential and commercial
                                               fish during high tides. Combined, the                   and Incidental Take Permits January 2,                development, infrastructure
                                               subtidal and mudflat areas would                        2017 Through December 29, 2017                        development or maintenance, and
                                               provide habitat for the basis of the food               AGENCY:   Fish and Wildlife Service,                  energy development projects that range
                                               chain that would benefit larger fish,                   Interior.                                             in scale from small to landscape-level
daltland on DSKBBV9HB2PROD with NOTICES




                                               birds, and other species on and off the                 ACTION: Notice.                                       planning efforts.
                                               site.                                                                                                            We issued the permits listed below
                                                  Implementation of the Subtidal                       SUMMARY:  We, the U.S. Fish and                       between January 17 and December 27,
                                               Alternative would involve the                           Wildlife Service, in accordance with                  2017. Under section 10(a)(1)(A), we
                                               excavation of approximately 370,000                     section 10(d) of the Endangered Species               issued each permit only after we
                                               cubic yards of material from the Otay                   Act (ESA) as amended, provide a list to               determined that it was applied for in
                                               River Site and the transport of 312,000                 the public of the permits issued under                good faith, that granting the permit


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Document Created: 2018-05-18 02:16:00
Document Modified: 2018-05-18 02:16:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; final environmental impact statement.
ContactBrian Collins, Refuge Manager, San Diego Bay National Wildlife Refuge at 619-575-2704, extension 302 (telephone) or [email protected] (email); or Andy Yuen, Project Leader, 619-476-9150, extension 100 (telephone), or [email protected] (email).
FR Citation83 FR 23289 

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