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20326 Federal Register / Vol. 73, No.

73 / Tuesday, April 15, 2008 / Notices

Dated: April 9, 2008. State Water Project (SWP), as operated review and response by the co-lead
Ken McDermond, by DWR, as well as operations of certain agencies (i.e., Reclamation, FWS, and
Deputy Regional Director, Region 8, California Mirant Delta LLC (Mirant Delta) power NMFS).
and Nevada, Sacramento, California. plants. Additionally, the BDCP will, if ADDRESSES: Send written comments to
[FR Doc. E8–8051 Filed 4–14–08; 8:45 am] feasible, be used as the basis for FESA Patti Idlof, Bureau of Reclamation, 2800
BILLING CODE 4310–55–P compliance by Reclamation, including Cottage Way, MP–150, Sacramento, CA
compliance with Section 7 of FESA in 95825, e-mail to pidlof@mp.usbr.gov, or
coordination with FWS and NMFS. fax to (916) 978–5055.
DEPARTMENT OF THE INTERIOR Ultimately, the BDCP is intended to See SUPPLEMENTARY INFORMATION
secure authorizations that would allow section for public scoping meeting
Bureau of Reclamation projects that restore and protect water addresses.
supply and reliability, water quality,
Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: Patti
and ecosystem health to proceed within
a stable regulatory framework. Idlof, Natural Resource Specialist,
DEPARTMENT OF COMMERCE On January 24, 2008, FWS and NMFS Reclamation, at the above address or
issued a NOI to conduct public scoping 916–978–5056; Lori Rinek, FWS, 916–
National Marine Fisheries Service; Bay 414–6600; or Rosalie del Rosario,
and prepare an EIR/EIS regarding the
Delta Conservation Plan for the NMFS, 916–930–3600.
BDCP for the Sacramento-San Joaquin
Sacramento-San Joaquin Delta, SUPPLEMENTARY INFORMATION:
Delta, California (73 FR 4178). As the
California
BDCP effort has progressed, Public Scoping Meeting Dates
AGENCIES: Bureau of Reclamation, Reclamation has determined it has a
Interior; Fish and Wildlife Service, substantive interest in the development Public scoping meetings will be held
Interior; National Marine Fisheries and ultimate implementation of the on the following dates and times:
Service, National Oceanic and • Monday, April 28, 2008, 10 a.m. to
BDCP. Specifically, Reclamation seeks
Atmospheric Administration, 2 p.m., Sacramento, CA.
to improve water supply reliability for
• Tuesday, April 29, 2008, 5 p.m. to
Commerce. its Federal water contractors, while
9 p.m., Chico, CA.
ACTION: Notice of Intent (NOI) to prepare meeting its FESA obligations. • Wednesday, April 30, 2008, 6 p.m.
an environmental impact statement/ Environmental constraints, including to 10 p.m., Clarksburg, CA.
environmental impact report (EIS/EIR) measures to protect endangered species • Monday, May 5, 2008, 6 p.m. to 10
and notice of public scoping meetings. in the Sacramento-San Joaquin Delta, p.m., Stockton, CA.
impair that water supply reliability. The • Tuesday, May 6, 2008, 6 p.m. to 10
SUMMARY: Pursuant to the National BDCP will recommend actions and
Environmental Policy Act (NEPA) of p.m., San Jose, CA.
conservation measures for • Wednesday, May 7, 2008, 6 p.m. to
1969, as amended, the Bureau of implementation to improve both 10 p.m., Los Banos, CA
Reclamation (Reclamation), the Fish and environmental conditions in the Delta • Thursday, May 8, 2008, 1 p.m. to 4
Wildlife Service (FWS), and the and water supply reliability. p.m., Los Angeles, CA
National Marine Fisheries Service Reclamation expects the recommended • Monday, May 12, 2008, 6 p.m. to 10
(NMFS) intend to serve as co-lead actions and conservation measures to p.m., San Diego, CA
agencies in the preparation of a joint include activities that are within • Tuesday, May 13, 2008, 6 p.m. to 10
EIS/EIR for the Bay Delta Conservation Reclamation’s responsibilities. The NOI p.m., Fresno, CA
Plan (BDCP). The California Department is, therefore, being reissued to include • Wednesday, May 14, 2008, 6 p.m. to
of Water Resources (DWR) will serve as Reclamation as a co-lead agency, update 10 p.m., Bakersfield, CA
the lead agency under the California the status of the BDCP planning process,
Environmental Quality Act (CEQA). Public Scoping Meeting Addresses
correct an error in the January 24, 2008,
Reclamation will serve as the Public scoping meetings will be held
NOI, and to provide notice of scoping
administrative lead for all actions at the following locations:
meetings. As the Federal lead agencies
related to this Federal Register Notice.
continue to refine the purpose and need • Sacramento—California Resources
The BDCP is a conservation plan Building Auditorium, 1416 Ninth Street,
being prepared to meet the requirements for the project, additional public notices
regarding scoping will be issued and Sacramento, CA 95816.
of the Federal Endangered Species Act • Chico—Chico Masonic Family
(FESA), the California Endangered additional scoping meetings will be
held. Center, 1110 West East Avenue, Chico,
Species Act (CESA), and the State of CA 95926.
California’s Natural Communities DATES: Ten public scoping meetings will • Clarksburg—Clarksburg Middle
Conservation Planning Act (NCCPA). be held at various times and locations School, 52870 Netherlands, Clarksburg,
DWR and State and Federal water throughout California. See CA 95612.
contractors intend to apply for FESA SUPPLEMENTARY INFORMATION section for • Stockton—San Joaquin Farm
and CESA incidental take permits (ITP) public scoping meeting dates. Bureau, 3290 North AdArt Road,
for water operations and management Written comments on the scope of the Stockton, CA 95215.
activities in the Sacramento-San Joaquin BDCP or issues to be addressed in the • San Jose—Santa Clara Valley Water
Delta. These incidental take EIS/EIR must be received no later than District, 5700 Almaden Expressway, San
authorizations would allow the May 30, 2008. Jose, CA 95118.
incidental take of threatened and The scoping period on the initial • Los Banos—City of Los Banos,
endangered species resulting from Notice of Intent published jointly by Public Services Department Main Office
covered activities and conservation FWS and NMFS on January 24, 2008 (73 Senior Center—Miller & Lux Building,
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measures that will be identified through FR 4178), is scheduled to close on 830 6th Street, Los Banos, CA 93635.
the planning process including those March 24, 2008. Comments submitted • Los Angeles—Junipero Serra State
associated with water operations of the under that NOI need not be resubmitted, Office Building, 320 West Fourth,
Federal Central Valley Project (CVP), as as all comments will be consolidated Carmel Room 225, Los Angeles, CA
operated by Reclamation, the California and incorporated under this NOI for 90013.

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Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Notices 20327

• San Diego—Marina Village protection laws, either pursuant to operational flexibility and water supply
Conference Center, 1936 Quivira Way, Section 2835 or Section 2081, resulting reliability while providing greater
Starboard Room, San Diego, CA 92109. in take authority under the Fish and opportunities for habitat improvements
• Fresno—Four Points-Fresno, 3737 Game Code; and and fishery conservation; water
North Blackstone, Fresno, CA 93726. 3. The requirements of the Section 7 operations and management actions to
• Bakersfield—Board of Supervisors consultation process under the FESA, achieve conservation and water supply
Chambers, 1115 Truxtun Avenue, First resulting in the issuance of Biological goals; and a comprehensive monitoring,
Floor, Bakersfield, CA 93301. Opinions, and ITSs, from the NMFS and assessment, and adaptive management
FWS on specific activities of certain program guided by independent
Modification to January 24, 2008, NOI
members of the PREs. scientific input. Additional core
published by FWS and NMFS The planning efforts for the BDCP are purposes of the BDCP are to provide for
The NOI dated January 24, 2008 in the preliminary stages. However, the the conservation of covered species
(73FR4178) erroneously identified collective goals of the PREs will help within the planning area; to protect and
Contra Costa Water District (CCWD) as form the purpose and need statement for restore certain aquatic, riparian, and
a Potentially Regulated Entity (PRE). the project as required by NEPA and the associated terrestrial natural
CCWD is a participant in the process, project objective as required by CEQA. communities that support these covered
but has not yet and may not become a Formal preparation of a draft EIS/EIR species; and to provide for and restore
PRE. will commence when the planning water quality, water supplies, and
efforts progress further in the coming ecosystem health within a stable
Background Information
months. The BDCP is being prepared regulatory framework. The EIS/EIR will
The BDCP is being prepared through with the cooperation of the FWS, evaluate the effects of implementing the
a collaboration of State, Federal, and NMFS, California Resources Agency, BDCP, conveyance alternatives, and
local water agencies, and Mirant Delta, California Department of Fish and Game power line alignments, other
an electric power generating facility (CDFG), the PREs, and various nonstructural alternatives, and describe
located in West Pittsburg, California in stakeholders, including The Nature the permits necessary for BDCP
Contra Costa County, under: (1) Section Conservancy, Environmental Defense, implementation.
10(a)(1)(B) of the FESA of 1973, as Defenders of Wildlife, the California
amended, and (2) the NCCPA, California The BDCP will likely consist of
Farm Bureau, the Natural Heritage several major elements, including new
Fish and Game Code, Section 2800 et. Institute, American Rivers, Contra Costa
seq., or Fish and Game Code Section capital improvements to the water
Water District, and The Bay Institute.
2081 of CESA. The BDCP is intended to supply conveyance system, a restoration
These organizations are members of the
provide (1) Reclamation the ability to program for important habitats within
Steering Committee, which is helping to
obtain a Biological Opinion and and adjacent to the Delta in order to
guide preparation of the BDCP. The
incidental take statements (ITS) improve the ecological productivity and
regulatory agencies, FWS, NMFS, and
pursuant to Section 7 of FESA and (2) sustainability of the Delta, and
CDFG are participating in the Steering
the basis for the DWR and State and monitoring and adaptive management
Committee to provide technical input
Federal water contractors to apply for for the restoration program. The plan
and guidance in support of the Steering
ITPs pursuant to Section 10 of FESA will also likely include operational
Committee’s efforts to complete the
and California Fish and Game Code BDCP. Other applicants, co-applicants, improvements for the water supply
Section 2835 or 2081 for or beneficiaries of an ITP, referred to as system in the near-term and for the
implementation of the BDCP. PREs, may be identified during the long-term once any capital
DWR and Reclamation, along with the planning process. improvements have been completed and
Metropolitan Water District of Southern The participants are undertaking are operational.
California (MWD), the Kern County these planning efforts pursuant to: (1) Covered Activities
Water Agency (KCWA), the Santa Clara The Planning Agreement that was
Valley Water District (SCVWD), signed October, 2006, and amended The BDCP covered activities may
Alameda County Flood Control and April, 2007, to guide development of the include, but are not limited to, existing
Water Conservation District, Zone 7 BDCP and (2) the ‘‘Points of Agreement or new activities related to:
Water Agency (Zone 7), the San Luis for Continuing into the Planning • Existing Delta conveyance elements
and Delta-Mendota Water Authority Process’’ dated November 16, 2007 (see and operations of the CVP and SWP;
(SLDMWA), the Westlands Water Resources Agency Web site, http:// • New Delta conveyance facilities
District (WWD), and Mirant Delta resources.ca.gov/bdcp/ for these (including power line alignments) and
(known collectively as the Potentially agreements). The Points of Agreement operations of the CVP and SWP
Regulated Entities or PREs) are currently document provides a summary of the generally described in the BDCP
preparing the BDCP for existing and BDCP planning process to date, along November 2007 Points of Agreement;
proposed covered activities within the with future direction and procedures. • Operational activities, including
Statutory Delta. Some of the elements of The website provides access to emergency preparedness of the CVP and
the BDCP will complement the actions documentation of the planning process, SWP in the Delta;
identified in the State of California’s and a schedule of past and future • Operational activities in the Delta
Delta Vision process. planning activities. related to water transfers involving
It is the goal of the PREs that the water contractors or to serve
BDCP Description environmental programs;
BDCP follow the processes that meet:
1. The requirements of Section The BDCP will have several core • Maintenance of the CVP, SWP, and
10(a)(1)(B) of the FESA for the non- purposes: Habitat restoration and other PREs’ facilities in the Delta;
jlentini on PROD1PC65 with NOTICES

federal PREs and result in the issuance enhancement to increase the quality and • Facility improvements of the CVP
of ITPs from the FWS and NMFS to quantity of habitat in the Delta; other and SWP within the Statutory Delta
those PREs; conservation actions to help address a (California Water Code Section 12220);
2. The requirements of an ITP under number of stressors on covered species; • Ongoing operation of and recurrent
the California fish and wildlife conveyance facilities to enhance and future projects related to other Delta

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20328 Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Notices

water users, as defined by the Planning 3. Allow for projects that restore and framework for moving forward with
Agreement; protect water supply reliability, water development of the BDCP. Previous
• Projects designed to improve Delta quality, ecosystem, and ecosystem evaluations and potential improvements
salinity conditions; and health to proceed within a stable to the water conveyance system and
• Conservation measures included in regulatory framework; strategies for in-Delta habitat restoration
the BDCP, including, but not limited to, 4. Provide a means to implement and enhancement outlined in the Points
fishery related habitat restoration covered activities in a manner that of Agreement document will be used for
projects, adaptive management, and complies with applicable State and the basis of alternative development, but
monitoring activities in the Delta. federal fish and wildlife protection will not preclude or limit the range of
laws, including the NCCPA or CESA, alternatives to be analyzed under NEPA.
Covered Species
FESA, and other environmental laws,
The covered species that are the Statutory Authority
including CEQA and NEPA;
initial focus of the BDCP include certain 5. Provide a basis for permits Reclamation, as administrative lead
aquatic species such as: necessary to lawfully take covered for this Federal Register action,
• Central Valley steelhead species; provides this notice in accordance with
Oncorhynchus mykiss; 6. Provide a comprehensive means to NEPA regulations found in 40 CFR
• Central Valley Chinook salmon coordinate and standardize mitigation 1501.7.
Oncorhynchus tshawytscha (spring-run and compensation requirements for NEPA (42 U.S.C. 4321 et seq.) requires
and fall/late fall-runs); covered activities within the planning that Federal agencies conduct an
• Sacramento River Chinook salmon area; environmental analysis of their
Oncorhynchus tshawytscha (winter- 7. Provide a less costly, more efficient proposed actions to determine if the
run); project review process which results in actions may significantly affect the
• Delta smelt Hypomesus greater conservation values than project- human environment. Under NEPA and
transpacificus; by-project, species-by-species review, its implementing regulations (40 CFR
• Green sturgeon Acipenser and; 1500 et seq.; NOAA Administrative
medirostris; 8. Provide clear expectations and Order 216–6), a reasonable range of
• White sturgeon Acipenser regulatory assurances regarding covered alternatives to the proposed action are
transmontanus; activities occurring within the planning to be developed and considered in an
• Splittail Pogonichthys area. EIS/EIR prepared by the FWS and
macrolepidotus; and NMFS. Alternatives considered for
Project Area
• Longfin smelt Spirinchus analysis in an EIS/EIR may include
thaleichthys. The planning area for the BDCP will variations in the scope or types of
Other species that will be considered consist of the aquatic ecosystems and covered activities; variations in the
for inclusion in the BDCP include, but natural communities and, potentially, location, amount, and types of
may not be limited to: the adjacent riparian and floodplain conservation measures and the timing of
• Swainson’s hawk Buteo swainsoni; natural communities within the project activities; variations in permit
• Bank swallow Riparia riparia; Statutory Delta. The Statutory Delta duration; or a combination of these or
• Giant garter snake Thamnophis includes parts of Yolo, Solano, Contra other elements. In addition, as required
gigas; and Costa, San Joaquin, and Sacramento by NEPA, the EIS will identify
• Valley elderberry longhorn beetle counties. However, it may be necessary significant direct, indirect, and
Desmocerus californicus dimorphus. for the BDCP to include conservation cumulative effects, and possible
This list identifies the species that actions outside of the Statutory Delta mitigation for those significant effects,
will be evaluated for inclusion in the that advance the goals and objectives of on biological resources, land use, air
BDCP as proposed covered species; the BDCP within the Delta, including as quality, water quality, water resources,
however, the list may change as the appropriate, conservation actions in the socioeconomics, environmental justice,
planning process progresses. The Suisun Marsh, Suisun Bay, and areas cultural resources, and other
participants anticipate that species may upstream of the Delta. Any conservation environmental issues that could occur
be added or removed from the list once actions outside the Statutory Delta with the implementation of the
more is learned about the nature of the would be implemented pursuant to proposed action and alternatives.
covered activities and the impact of cooperative agreements or similar
Request for Comments
covered activities on native species mechanisms with local agencies,
within the planning area. interested non-governmental The purpose of this notice is to advise
organizations, landowners, and others. other Federal and State agencies,
BDCP Planning Goals affected Tribes, and the public of our
The EIS/EIR project area for which
The BDCP will include goals and impacts are evaluated may be different intention to continue to gather
objectives related to the management of than the BDCP geographic scope. information to support the preparation
covered activities and the protection of of an EIS/EIR, to obtain suggestions and
covered species and their habitats. As Basis for Preliminary Alternatives information from other agencies and the
described in the Planning Agreement, As part of the BDCP process, the public on the scope of alternatives and
the planning goals include: Steering Committee evaluated potential issues to be addressed in the EIS/EIR,
1. Provide for the conservation and options to address water supply and to identify important issues raised
management of covered species within reliability, water quality, and ecosystem by the public related to the development
the planning area; health in the Delta. Initial options and implementation of the BDCP.
2. Preserve, restore, and enhance included various combinations of water Written comments from interested
jlentini on PROD1PC65 with NOTICES

aquatic, riparian, and associated conveyance facilities and habitat parties are invited to ensure that the full
terrestrial natural communities and restoration actions. As a result of this range of alternatives and issues related
ecosystems that support covered species evaluation, the Steering Committee to the development of the BDCP is
within the planning area through developed the Points of Agreement identified. Comments during this stage
conservation partnerships; document that provides an overall of the scoping process will only be

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Federal Register / Vol. 73, No. 73 / Tuesday, April 15, 2008 / Notices 20329

accepted in written form. All comments ACTION: Notice of availability. 2007. During the comment period the
received, including names and Refuge hosted a public meeting and a
addresses, will become part of the SUMMARY: The U.S. Fish and Wildlife
workshop attended by a total of 28
official administrative record and may Service announces that the Final
people. We received written comments
be made available to the public. A Comprehensive Conservation Plan
from 18 individuals, two special interest
similar notice is being published by (CCP) and Environmental Impact
Statement (EIS) is available for groups, and two governmental agencies
DWR in accordance with CEQA during the comment period.
requirements. Comments and Trempealeau National Wildlife Refuge.
participation in the scoping process are The Final CCP/EIS was prepared In response to comments by the State
encouraged. pursuant to the National Wildlife Refuge of Wisconsin Department of Natural
System Administration Act of 1966, as Resources, we made three modifications
Special Assistance for Public Scoping amended by the National Wildlife to species lists, added three strategies,
Meetings Refuge System Improvement Act of and modified one objective and
If special assistance is required at the 1997, and the National Environmental accompanying strategy in the preferred
public meetings, please contact Ms. Policy Act of 1969. Goals and objectives alternative. We also amended our
Patti Idlof at 916–978–5056, TDD 916– in the CCP describe how the agency discussion of climate change impacts.
978–5608, or via e-mail at intends to manage the refuge over the We consider all modifications minor.
pidlof@mp.usbr.gov. Please notify Ms. next 15 years.
Idlof as far in advance as possible to When the Record of Decision is
DATES: A Record of Decision will be
enable Reclamation to secure the signed by the Regional Director, U.S. available, we will publish a notice of
needed services. If a request cannot be Fish and Wildlife Service, Region 3, availability in the Federal Register. The
honored, the requestor will be notified. Fort Snelling, Minnesota, no sooner Record of Decision will document
A telephone device for the hearing than 30 days after publication of this which alternative in the Final CCP/EIS
impaired (TDD) is available at 916–978– notice by the Environmental Protection will become the 15-year CCP for the
5608. Agency, in the Federal Register. Refuge.
Public Disclosure ADDRESSES: Copies of the Final CCP/EIS The National Wildlife Refuge System
may be viewed at the Trempealeau Administration Act of 1966, as amended
Before including your name, address, National Wildlife Refuge Headquarters by the National Wildlife Refuge System
phone number, e-mail address, or other and public libraries near the refuge. You Improvement Act of 1997 (16 U.S.C.
personal identifying information in your may access and download a copy via the 668dd–668ee et seq.), requires the
comment, you should be aware that Planning Web site at http://
your entire comment—including your Service to develop a CCP for each
www.fws.gov/midwest/planning/ National Wildlife Refuge. The purpose
personal identifying information—may trempealeau, or you may obtain a copy
be made publicly available at any time. in developing a CCP is to provide refuge
on compact disk by contacting: U.S. managers with a 15-year strategy for
While you can ask us in your comment Fish and Wildlife Service, Division of
to withhold your personal identifying achieving refuge purposes and
Conservation Planning, Bishop Henry contributing toward the mission of the
information from public review, we Whipple Federal Building, 1 Federal
cannot guarantee that we will be able to National Wildlife Refuge System,
Drive, Fort Snelling, Minnesota 55111 consistent with sound principles of fish
do so. (1–800–247–1247, extension 5429) or
Dated: April 4, 2008. and wildlife management, conservation,
Trempealeau National Wildlife Refuge,
legal mandates, and Service policies. In
Susan M. Fry, W28488 Refuge Road, Trempealeau, WI
54661–7246 (608–539–2311). A limited addition to outlining broad management
Regional Environmental Officer, Mid-Pacific
Region, Bureau of Reclamation. number of hardcopies for distribution direction for conserving wildlife and
will be available at the Refuge their habitats, the CCP identifies
Dated: April 4, 2008. wildlife-dependent recreational
Headquarters.
Ken McDermond, opportunities available to the public,
Deputy Regional Director, U.S. Fish and FOR FURTHER INFORMATION CONTACT:
including opportunities for hunting,
Wildlife Service, Region 8, Sacramento, CA. Vickie Hirschboeck, (608) 539–2311
fishing, wildlife observation and
extension 12.
Dated: April 4, 2008. photography, and environmental
SUPPLEMENTARY INFORMATION: The
Russell M. Strach, education and interpretation. We will
Refuge, established by an Executive
Assistant Regional Administrator, Southwest review and update these CCPs at least
Order in 1936 to provide a refuge and
Region, National Marine Fisheries Service. every 15 years in accordance with the
breeding ground for migratory birds and
[FR Doc. E8–8010 Filed 4–14–08; 8:45 am] National Wildlife Refuge System
other wildlife, encompasses 6,226 acres.
BILLING CODE 4310–MN–P The Refuge is part of the Upper Administration Act of 1966, as amended
Mississippi River National Wildlife and by the National Wildlife Refuge System
Fish Refuge Complex. An estimated Improvement Act of 1997, and the
DEPARTMENT OF THE INTERIOR National Environmental Policy Act of
70,000 visitors enjoy birding, hiking,
biking, hunting, fishing, or photography 1969 (42 U.S.C. 4321–4370d).
Fish and Wildlife Service
at the Refuge. Over 2,000 young people Dated: February 15, 2008.
[FWS–R3–R–2008–N0047; 30136–1265– learn about their environment each year
0000–S3] Charles M. Wooley,
through education programs. A
Acting Regional Director, U.S. Fish and
Final Comprehensive Conservation dedicated force of volunteers Wildlife Service, Fort Snelling, Minnesota.
Plan and Environmental Impact contributes to the quality of the visitor
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[FR Doc. E8–7911 Filed 4–14–08; 8:45 am]


Statement for the Trempealeau experience, as well as successful habitat
BILLING CODE 4310–55–P
National Wildlife Refuge, Wisconsin management.
The Draft CCP/EIS was released for
AGENCY: Fish and Wildlife Service, public review June 12, 2007, for a 60-
Interior. day comment period ending August 11,

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