83_FR_54982 83 FR 54771 - Otay River Estuary Restoration Project, South San Diego Bay Unit of the San Diego Bay National Wildlife Refuge, California; Record of Decision

83 FR 54771 - Otay River Estuary Restoration Project, South San Diego Bay Unit of the San Diego Bay National Wildlife Refuge, California; Record of Decision

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 211 (October 31, 2018)

Page Range54771-54772
FR Document2018-23823

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the record of decision (ROD) for the San Diego Bay National Wildlife Refuge--Otay River Estuary Restoration Project final environmental impact statement (EIS). The ROD explains that, of the three alternatives examined in the final EIS, the chosen alternative is the environmentally preferred alternative.

Federal Register, Volume 83 Issue 211 (Wednesday, October 31, 2018)
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54771-54772]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23823]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-R-2018-N122; FF08RSDC00-190-F1611MD-FXRS12610800000]


Otay River Estuary Restoration Project, South San Diego Bay Unit 
of the San Diego Bay National Wildlife Refuge, California; Record of 
Decision

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; record of decision.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of the record of decision (ROD) for the San Diego Bay 
National Wildlife Refuge--Otay River Estuary Restoration Project final 
environmental impact statement (EIS). The ROD explains that, of the 
three alternatives examined in the final EIS, the chosen alternative is 
the environmentally preferred alternative.

ADDRESSES: Document Availability: The ROD is available at:
     Internet: https://www.fws.gov/refuge/San_Diego_Bay/what_we_do/Resource_Management/Otay_Restoration.html.
     In Person:
    o San Diego National Wildlife Refuge Complex Headquarters, 1080 
Gunpowder Point Drive, Chula Vista, CA 91910; telephone: 619-476-9150, 
extension 103.

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).

SUPPLEMENTARY INFORMATION: 

Background

    In 2006, we completed the San Diego Bay National Wildlife Refuge 
(NWR) Comprehensive Conservation Plan (CCP) and final 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 September 29, 2010, the San Diego NWR Complex and Poseidon 
Resources (Channelside) LP (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 
Poseidon's restoration requirements from the California Coastal 
Commission (Commission) in an approved coastal development permit (CDP 
No. E-06-013) related to the construction and operation of a 
desalination plant in Carlsbad, California.
    We published a notice of intent (NOI) to prepare an EIS for the 
Otay River Estuary Restoration Project on November 14, 2011 (76 FR 
70480), followed by a second NOI on January 8, 2013 (78 FR 1246), when 
the project was expanded to include the restoration of Pond 15. We 
published a notice of availability (NOA) of the draft EIS for the 
project on October 21, 2016 (81 FR 72817), and an NOA of the final EIS 
on May 18, 2018 (83 FR 23289).

Project

    The project 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 34-acre Otay River Floodplain Site, 
located to the west of Interstate 5 between Main Street to the north 
and Palm Avenue to the south in the City of San Diego, and the 91-acre 
Pond 15 Site, an active solar salt pond, located in the northeastern 
portion of the Refuge to the northwest of the intersection of Bay 
Boulevard and Palomar Street in the City of Chula Vista.

[[Page 54772]]

Alternatives

    We analyzed three alternatives in the final EIS, including the no 
action alternative and two action alternatives, for restoring the two 
areas on the San Diego Bay NWR that comprise the restoration project. 
In addition to a no-action alternative, the action alternatives include 
an intertidal alternative and a subtidal alternative.

Alternative B: Intertidal Alternative (Selected Alternative)

    The Intertidal Alternative (Alternative B) proposes to lower the 
elevation and re-contour the Otay River Floodplain Site to create 
approximately 30 acres of tidally influenced habitat consisting of 
approximately 5 acres of intertidal mudflat and 25 acres of intertidal 
salt marsh habitat, 1 acre of transitional habitat and high tide 
refugia, and 4 acres of upland habitat.
    Approximately 320,000 cubic yards of soil would be excavated from 
the Otay River Floodplain Site to achieve elevations suitable for 
sustaining intertidal wetlands. The majority of the excavated material, 
approximately 260,000 cubic yards, would be transported to Pond 15 to 
be beneficially used as fill within the Pond 15 Site, as well as to 
reinforce existing levees around the pond. Pond 15 would be filled and 
contoured to achieve elevations required to support approximately 10 
acres of subtidal habitat, 18 acres of intertidal mudflat, 57 acres of 
intertidal salt marsh habitat, 1.6 acres of transitional habitat and 
high tide refugia, and 4 acres of upland habitat.
    The combination of the wetlands created at the Otay River 
Floodplain Site and Pond 15 Site under this alternative would be 
consistent with the intent of the CCP and would provide sufficient 
mitigation credit to meet Poseidon's Coastal Development Permit 
requirements.

Alternative C: Subtidal Alternative

    The Subtidal Alternative (Alternative C), which would include a 
subtidal channel within the Otay River Floodplain Site, would result in 
the restoration of approximately 4.5 acres of subtidal habitat, 6.5 
acres of intertidal mudflat, 18 acres of intertidal salt marsh habitat, 
and 4 acres of upland habitat. Within the Pond 15 Site, tidally 
influenced habitat would be similar to that proposed under Alternative 
B, with approximately 10 acres of subtidal habitat, 16 acres of 
intertidal mudflat, 59 acres of intertidal salt marsh, 2 acres of high-
tide refugia, and 4 acres of upland habitat.
    Implementation of this alternative would involve the excavation of 
approximately 370,000 cubic yards of material from the Otay River Site, 
of which approximately 310,000 cubic yards of this material would be 
transported to the Pond 15 Site for beneficial 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 this alternative would also 
provide sufficient mitigation credit to meet the Commission's permit 
requirements.

Selected Alternative

    The ROD identifies the intertidal alternative (Alternative B) as 
the selected alternative. This alternative was also identified as the 
environmentally preferred alternative in the final EIS. The basis for 
the decision, descriptions of the alternatives considered, an overview 
of the measures to be implemented to avoid and minimize environmental 
effects, and a summary of the public involvement process are provided 
in the ROD.

Authority

    We publish this notice under the authority of the National 
Environmental Policy Act (42 U.S.C. 4371 et seq.) and the Department of 
the Interior's implementing regulations in title 43 of the Code of 
Federal Regulations (43 CFR part 46).

Jody Holzworth,
Regional Director, Pacific Southwest Region.
[FR Doc. 2018-23823 Filed 10-30-18; 8:45 am]
 BILLING CODE 4333-15-P



                                                                        Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices                                            54771

                                              Verdes and was a compromise of                          applicant for the incidental take of the              SUPPLEMENTARY INFORMATION:
                                              Alternative A and B. The preserve size                  covered species. We will make our final
                                              under Alternative C is slightly larger                  permit decision no sooner than 60 days                Background
                                              than that under the Proposed Action                     after the public comment period closes.                  In 2006, we completed the San Diego
                                              (Alternative D), but the total amount of                                                                      Bay National Wildlife Refuge (NWR)
                                                                                                      Authority
                                              coastal sage scrub habitat under                                                                              Comprehensive Conservation Plan
                                              Alternative C is slightly lower than that                 We provide this notice under section                (CCP) and final EIS/ROD to guide the
                                              in the Proposed Action (Alternative D).                 10(c) of the ESA (16 U.S.C. 1531 et seq.)             management of the San Diego Bay NWR
                                                 The Proposed Action (Alternative D)                  and its implementing regulations (50                  over a 15-year period (71 FR 64552,
                                              is the same as Alternative C, with the                  CFR 17.22 and 17.32) and NEPA (42                     November 2, 2006). The wildlife and
                                              following exceptions: (1) A 27.0-acre                   U.S.C. 4321 et seq.) and its                          habitat management goal of the selected
                                              parcel in the Upper Filiorum property                   implementing regulations (40 CFR                      management alternative in the CCP for
                                              has been removed from the preserve and                  1506.6).                                              the South San Diego Bay Unit is to
                                              is now identified as a covered project,
                                                                                                      Scott Sobiech,                                        ‘‘Protect, manage, enhance, and restore
                                              including the associated dedication of
                                                                                                      Acting Field Supervisor, Carlsbad Fish and            . . . coastal wetlands . . . to benefit the
                                              30 acres of functional and connected
                                                                                                      Wildlife Office, Carlsbad, California.                native fish, wildlife, and plant species
                                              habitat; (2) 40.0 acres of a former
                                                                                                      [FR Doc. 2018–23762 Filed 10–30–18; 8:45 am]          supported within the South San Diego
                                              archery range property have been
                                                                                                                                                            Bay Unit.’’ One of the strategies
                                              removed from the preserve due to                        BILLING CODE 4333–15–P
                                                                                                                                                            identified to meet this goal is to restore
                                              landslide and legal constraints; and (3)
                                                                                                                                                            native habitats in the Otay River
                                              61.5 acres of Malaga Canyon have been
                                                                                                      DEPARTMENT OF THE INTERIOR                            floodplain and the salt ponds.
                                              purchased by the City of Rancho Palos
                                              Verdes and have been incorporated into                                                                           On September 29, 2010, the San Diego
                                                                                                      Fish and Wildlife Service                             NWR Complex and Poseidon Resources
                                              the preserve. The preserve in
                                              Alternative D totals 1,402.4 acres.                     [FWS–R8–R–2018–N122; FF08RSDC00–                      (Channelside) LP (Poseidon) entered
                                                                                                      190–F1611MD–FXRS12610800000]                          into a memorandum of understanding to
                                              Request for Comments                                                                                          establish a partnership to facilitate the
                                                Consistent with section 10(c) of the                  Otay River Estuary Restoration                        restoration of property within the San
                                              ESA, we invite your submission of                       Project, South San Diego Bay Unit of                  Diego Bay NWR, consistent with the
                                              written comments, data, or arguments                    the San Diego Bay National Wildlife                   CCP and Poseidon’s restoration
                                              with respect to the City of Rancho Palos                Refuge, California; Record of Decision                requirements from the California Coastal
                                              Verdes’ permit application, the City of                 AGENCY:   Fish and Wildlife Service,                  Commission (Commission) in an
                                              RPV NCCP/HCP, and proposed                              Interior.                                             approved coastal development permit
                                              permitting decision.                                                                                          (CDP No. E–06–013) related to the
                                                                                                      ACTION: Notice of availability; record of
                                                                                                                                                            construction and operation of a
                                              Public Availability of Comments                         decision.
                                                                                                                                                            desalination plant in Carlsbad,
                                                Written comments we receive become                                                                          California.
                                                                                                      SUMMARY:   We, the U.S. Fish and
                                              part of the public record associated with
                                                                                                      Wildlife Service (Service), announce the                 We published a notice of intent (NOI)
                                              this action. Before including your
                                                                                                      availability of the record of decision                to prepare an EIS for the Otay River
                                              address, phone number, email address,
                                                                                                      (ROD) for the San Diego Bay National                  Estuary Restoration Project on
                                              or other personal identifying
                                                                                                      Wildlife Refuge—Otay River Estuary                    November 14, 2011 (76 FR 70480),
                                              information in your comment, you
                                                                                                      Restoration Project final environmental               followed by a second NOI on January 8,
                                              should be aware that your entire
                                                                                                      impact statement (EIS). The ROD                       2013 (78 FR 1246), when the project was
                                              comment—including your personal
                                                                                                      explains that, of the three alternatives              expanded to include the restoration of
                                              identifying information—may be made
                                                                                                      examined in the final EIS, the chosen                 Pond 15. We published a notice of
                                              publicly available at any time. While
                                                                                                      alternative is the environmentally                    availability (NOA) of the draft EIS for
                                              you may request in your comment that
                                                                                                      preferred alternative.                                the project on October 21, 2016 (81 FR
                                              we withhold your personal identifying
                                                                                                      ADDRESSES: Document Availability: The                 72817), and an NOA of the final EIS on
                                              information from public review, we
                                                                                                      ROD is available at:                                  May 18, 2018 (83 FR 23289).
                                              cannot guarantee that we will be able to
                                              do so. All submissions from                                • Internet: https://www.fws.gov/                   Project
                                              organizations or businesses, and from                   refuge/San_Diego_Bay/what_we_do/
                                              individuals identifying themselves as                   Resource_Management/Otay_                               The project site is located at the south
                                              representatives or officials of                         Restoration.html.                                     end of San Diego Bay, San Diego
                                              organizations or businesses, will be                       • In Person:                                       County, California, within the South
                                              made available for public disclosure in                    o San Diego National Wildlife Refuge               San Diego Bay Unit of the San Diego
                                              their entirety.                                         Complex Headquarters, 1080                            Bay NWR. Restoration activities will
                                                                                                      Gunpowder Point Drive, Chula Vista,                   occur at two separate locations within
                                              Next Steps                                              CA 91910; telephone: 619–476–9150,                    the Refuge: The 34-acre Otay River
                                                 Issuance of an incidental take permit                extension 103.                                        Floodplain Site, located to the west of
                                              is a Federal proposed action subject to                 FOR FURTHER INFORMATION CONTACT:                      Interstate 5 between Main Street to the
                                              compliance with NEPA. We will                           Brian Collins, Refuge Manager, San                    north and Palm Avenue to the south in
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                                              evaluate the application, associated                    Diego Bay National Wildlife Refuge at                 the City of San Diego, and the 91-acre
                                              documents, and any public comments                      619–575–2704, extension 302                           Pond 15 Site, an active solar salt pond,
                                              we receive to determine whether the                     (telephone) or brian_collins@fws.gov                  located in the northeastern portion of
                                              application meets the requirements of                   (email); or Andy Yuen, Project Leader,                the Refuge to the northwest of the
                                              section 10(a) of the ESA. If we                         619–476–9150, extension 100                           intersection of Bay Boulevard and
                                              determine that those requirements are                   (telephone), or andy_yuen@fws.gov                     Palomar Street in the City of Chula
                                              met, we will issue a permit to the                      (email).                                              Vista.


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                                              54772                     Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices

                                              Alternatives                                               Implementation of this alternative                 DATES:   Interested persons are invited to
                                                 We analyzed three alternatives in the                would involve the excavation of                       submit comments on or before
                                              final EIS, including the no action                      approximately 370,000 cubic yards of                  December 31, 2018.
                                              alternative and two action alternatives,                material from the Otay River Site, of                 ADDRESSES: Send your comments on the
                                              for restoring the two areas on the San                  which approximately 310,000 cubic                     information collection request (ICR) by
                                              Diego Bay NWR that comprise the                         yards of this material would be                       mail to the U.S. Geological Survey,
                                              restoration project. In addition to a no-               transported to the Pond 15 Site for                   Information Collections Clearance
                                              action alternative, the action                          beneficial use in creating tidal                      Officer, 12201 Sunrise Valley Drive, MS
                                              alternatives include an intertidal                      elevations that would support the                     159, Reston, VA 20192; or by email to
                                              alternative and a subtidal alternative.                 desired intertidal habitats and                       gs-info_collections@usgs.gov. Please
                                                                                                      improving levees to separate Pond 15                  reference OMB Control Number 1028–
                                              Alternative B: Intertidal Alternative                   from the remaining active solar salt                  0103 in the subject line of your
                                              (Selected Alternative)                                  operation.                                            comments.
                                                 The Intertidal Alternative (Alternative                 The combination of the wetlands                    FOR FURTHER INFORMATION CONTACT: To
                                              B) proposes to lower the elevation and                  created at the Otay River Floodplain                  request additional information about
                                              re-contour the Otay River Floodplain                    Site and Pond 15 Site under this                      this ICR, contact Jake F. Weltzin by
                                              Site to create approximately 30 acres of                alternative would also provide sufficient             email at jweltzin@usgs.gov, or by
                                              tidally influenced habitat consisting of                mitigation credit to meet the                         telephone at 520–626–3821.
                                              approximately 5 acres of intertidal                     Commission’s permit requirements.
                                                                                                                                                            SUPPLEMENTARY INFORMATION: We, the
                                              mudflat and 25 acres of intertidal salt                 Selected Alternative                                  U.S. Geological Survey, in accordance
                                              marsh habitat, 1 acre of transitional                      The ROD identifies the intertidal                  with the Paperwork Reduction Act of
                                              habitat and high tide refugia, and 4                    alternative (Alternative B) as the                    1995, provide the general public and
                                              acres of upland habitat.                                selected alternative. This alternative                other Federal agencies with an
                                                 Approximately 320,000 cubic yards of                 was also identified as the                            opportunity to comment on proposed,
                                              soil would be excavated from the Otay                   environmentally preferred alternative in              revised, and continuing collections of
                                              River Floodplain Site to achieve                        the final EIS. The basis for the decision,            information. This helps us assess the
                                              elevations suitable for sustaining                      descriptions of the alternatives                      impact of our information collection
                                              intertidal wetlands. The majority of the                considered, an overview of the measures               requirements and minimize the public’s
                                              excavated material, approximately                       to be implemented to avoid and                        reporting burden. It also helps the
                                              260,000 cubic yards, would be                           minimize environmental effects, and a                 public understand our information
                                              transported to Pond 15 to be beneficially               summary of the public involvement                     collection requirements and provide the
                                              used as fill within the Pond 15 Site, as                process are provided in the ROD.                      requested data in the desired format.
                                              well as to reinforce existing levees                                                                             We are soliciting comments on the
                                              around the pond. Pond 15 would be                       Authority                                             proposed ICR that is described below.
                                              filled and contoured to achieve                           We publish this notice under the                    We are especially interested in public
                                              elevations required to support                          authority of the National Environmental               comment addressing the following
                                              approximately 10 acres of subtidal                      Policy Act (42 U.S.C. 4371 et seq.) and               issues: (1) Is the collection necessary to
                                              habitat, 18 acres of intertidal mudflat,                the Department of the Interior’s                      the proper functions of the USGS; (2)
                                              57 acres of intertidal salt marsh habitat,              implementing regulations in title 43 of               will this information be processed and
                                              1.6 acres of transitional habitat and high              the Code of Federal Regulations (43 CFR               used in a timely manner; (3) is the
                                              tide refugia, and 4 acres of upland                     part 46).                                             estimate of burden accurate; (4) how
                                              habitat.                                                                                                      might the USGS enhance the quality,
                                                 The combination of the wetlands                      Jody Holzworth,                                       utility, and clarity of the information to
                                              created at the Otay River Floodplain                    Regional Director, Pacific Southwest Region.          be collected; and (5) how might the
                                              Site and Pond 15 Site under this                        [FR Doc. 2018–23823 Filed 10–30–18; 8:45 am]          USGS minimize the burden of this
                                              alternative would be consistent with the                BILLING CODE 4333–15–P                                collection on the respondents, including
                                              intent of the CCP and would provide                                                                           through the use of information
                                              sufficient mitigation credit to meet                                                                          technology.
                                              Poseidon’s Coastal Development Permit                   DEPARTMENT OF THE INTERIOR                               Comments that you submit in
                                              requirements.                                                                                                 response to this notice are a matter of
                                                                                                      Geological Survey                                     public record. We will include or
                                              Alternative C: Subtidal Alternative
                                                                                                      [GX14BA02EEW0200; OMB Control Number                  summarize each comment in our request
                                                The Subtidal Alternative (Alternative                 1028–0103]                                            to OMB to approve this ICR. Before
                                              C), which would include a subtidal                                                                            including your address, phone number,
                                              channel within the Otay River                           Agency Information Collection                         email address, or other personal
                                              Floodplain Site, would result in the                    Activities; USA National Phenology                    identifying information in your
                                              restoration of approximately 4.5 acres of               Network—The Nature’s Notebook Plant                   comment, you should be aware that
                                              subtidal habitat, 6.5 acres of intertidal               and Animal Observing Program                          your entire comment—including your
                                              mudflat, 18 acres of intertidal salt marsh              AGENCY:   U.S. Geological Survey,                     personal identifying information—may
                                              habitat, and 4 acres of upland habitat.                 Interior.                                             be made publicly available at any time.
                                              Within the Pond 15 Site, tidally                                                                              While you may ask us in your comment
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                                                                                                      ACTION: Notice of information collection;
                                              influenced habitat would be similar to                  request for comment.                                  to withhold your personal identifying
                                              that proposed under Alternative B, with                                                                       information from public review, we
                                              approximately 10 acres of subtidal                      SUMMARY:   In accordance with the                     cannot guarantee that we will be able to
                                              habitat, 16 acres of intertidal mudflat,                Paperwork Reduction Act of 1995, the                  do so.
                                              59 acres of intertidal salt marsh, 2 acres              U.S. Geological Survey (USGS) is                         Abstract: The USA–NPN is a program
                                              of high-tide refugia, and 4 acres of                    proposing to renew an information                     sponsored by the USGS that uses
                                              upland habitat.                                         collection (IC).                                      standardized forms for tracking plant


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Document Created: 2018-10-31 00:33:59
Document Modified: 2018-10-31 00:33:59
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; record of decision.
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 54771 

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