Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 46453 

Area Office, 1243 N Street, Fresno, CA 

93721, or via e-mail to 

pclinton@usbr.gov, or by fax to 559– 

487–5397. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Patti Clinton, Bureau of Reclamation, 

South-Central California Area Office at 

the above address or e-mail address, or 

by phone at 559–487–5127. 

SUPPLEMENTARY INFORMATION: B.F. Sisk 

Dam is a 300-foot-high compacted 

earthfill embankment located on the 

west side of California’s Central Valley 

approximately 12 miles west of Los 

Banos, California. The dam is more than 

31⁄2 miles long and impounds San Luis 

Reservoir, which has a total capacity of 

over 2 million acre-feet. The dam was 

built between 1963 and 1967 to provide 

supplemental irrigation water storage 

for the Federal Central Valley Project 

and municipal and industrial water for 

the California State Water Project. Water 

is lifted into the reservoir for storage by 

the Gianelli Pumping-Generating Plant 

from the California Aqueduct and from 

the Delta-Mendota Canal via O’Neill 

Forebay. B.F. Sisk Dam (also known as 

San Luis Dam) is owned by Reclamation 

and operated by DWR. Of the total 

reservoir storage capacity, 55 percent is 

allotted to State uses and 45 percent is 

allotted to the Federal uses. 

The dam and reservoir are located in 

an area of high potential for severe 

earthquake loading from identified 

active faults, primarily the Ortigalita 

Fault that crosses the reservoir. In the 

early 1980s, Reclamation conducted an 

extensive investigation of the seismic 

safety of B.F. Sisk Dam. The 

investigation included drilling holes to 

sample the soils and test their density 

in place, laboratory testing of the 

samples, and geophysical tests. Using 

the methods available at the time, the 

amount of deformation that would occur 

under severe shaking was predicted to 

be small, and the conclusion was that 

the dam had no safety deficiencies. 

By 2005, the state of the art in seismic 

analysis of dams had changed 

significantly, and additional dam safety 

investigations were performed. These 

included a reevaluation of the Ortigalita 

Fault, development of a new 

understanding of the behavior of the soil 

materials (including embankment fill) 

under earthquake loading, and 

development of new computer-based 

analysis methods for predicting the 

behavior of the dam under various 

loadings. With the updated methods 

and earthquake loadings, the dam crest 

was predicted to settle, during the most 

severe earthquakes, resulting in the 

height of the dam crest being at the 

maximum water level in the reservoir. 

While the current state of the art of 

analysis still involves uncertainties and 

does not permit precise calculation of 

the amount of settlement that would 

occur, it is possible (although not likely) 

that the embankment deformation 

would exceed the available freeboard, 

resulting in the reservoir overtopping 

the embankment and eroding a breach 

of the dam. Even without overtopping, 

it is possible that water flowing through 

cracks in the dam embankment could 

erode a breach as well. 

Reclamation is taking the lead on the 

CAS. DWR is an active participant and 

has participated in the Risk Analysis, 

has reviewed technical documents, and 

is participating in other CAS activities. 

Scoping 

Scoping is an open process that 

assists agencies in determining the 

scope of the EIS and in identifying 

potentially significant issues related to 

the proposed action. Scoping also 

provides an opportunity to identify 

alternatives to the proposed action and 

possible mitigation measures. All 

interested persons, organizations, and 

agencies wishing to provide comments, 

suggestions, or relevant information on 

the proposed action may do so by 

sending input by regular mail to 

Reclamation at the above address; 

attending and providing comments at 

the public scoping meeting, or by 

sending e-mail to the above e-mail 

address. 

Special Assistance for Public Scoping 

Meeting 

If special assistance is required at the 

public hearings, please contact Ms. 

Lynnette Wirth at 916–978–5102, or via 

e-mail at lwirth@usbr.gov. Please notify 

Ms. Wirth as far in advance as possible 

to enable Reclamation to secure the 

needed services. If a request cannot be 

honored, the requestor will be notified. 

A telephone device for the hearing 

impaired (TDD) is available at 916–978– 

5608. 

Public Disclosure 

Before including your name, address, 

phone number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Dated: July 2, 2009. 

Anastasia T. Leigh, 

Acting Regional Environmental Officer, MidPacific Region. 

[FR Doc. E9–21723 Filed 9–8–09; 8:45 am] 

BILLING CODE 4310–MN–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

Reach 4B, Eastside Bypass and 

Mariposa Bypass Low Flow Channel 

and Structural Improvements Project 

Under the San Joaquin River 

Restoration Program, Merced County, 

California 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of intent to prepare an 

Environmental Impact Statement/ 

Environmental Impact Report (EIS/EIR) 

and Notice of Scoping Meetings. 

SUMMARY: The Bureau of Reclamation 

and the California Department of Water 

Resources (DWR) are proposing to 

prepare a joint EIS/EIR, pursuant to the 

National Environmental Policy Act 

(NEPA) and the California 

Environmental Quality Act (CEQA), to 

evaluate effects of the proposed Reach 

4B, Eastside Bypass and Mariposa 

Bypass Low Flow Channel and 

Structural Improvements Project 

(Proposed Action) under the San 

Joaquin River Restoration Program 

(SJRRP or Program). The Proposed 

Action includes the construction, 

operation, and maintenance of a low 

flow channel in Reach 4B of the San 

Joaquin River and in the Eastside and 

Mariposa bypasses and improvements to 

facilities in the Eastside and Mariposa 

bypasses to allow for fish passage. The 

purpose of the Proposed Action is to 

comply with the San Joaquin River 

Settlement by improving conveyance 

capacity in Reach 4B of the San Joaquin 

River to ensure conveyance of at least 

475 cubic feet per second (cfs), 

modifying the Eastside and Mariposa 

bypass channels to establish a low flow 

channel, and modifying structures in 

the Eastside and Mariposa bypasses to 

provide for fish passage. The Proposed 

Action is a component of the San 

Joaquin River Settlement. 

Scoping meetings will be held to 

solicit input on alternatives, concerns, 

and issues to be addressed in the EIS/ 

EIR. Written comments may also be 

sent. 

DATES: Two scoping meetings will be 

held to solicit comments from interested 

parties to assist in determining the 

scope of the environmental analysis, 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
46454 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Notices 

including the alternatives to be 

addressed, and to identify the 

significant environmental issues related 

to the Proposed Action. 

• Wednesday, September 23, 2009, 6 to 

8 p.m., Los Banos, California 

• Thursday, September 24, 2009, 6 to 8 

p.m., Merced, California 

Written comments on the scope of the 

EIS/EIR should be sent by October 9, 

2009. 

ADDRESSES: The public hearings will be 

held at: 

• Los Banos: Miller & Lux Building, 

830 6th Street. 

• Merced: Merced Fairgrounds Rock 

House Facility, 900 Martin Luther King 

Jr. Way. 

Send written comments to Ms. 

Margaret Gidding, Bureau of 

Reclamation, 2800 Cottage Way, MP– 

170, Sacramento, CA 95825 or via email at reach4b@restoresjr.net. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Margaret Gidding at the above address, 

by telephone at 916–978–5461, TDD 

916–978–5608 or via fax at 916–978– 

5469. Additional information is 

available online at http:// 

www.restoresjr.net. If special assistance 

is required at the scoping meetings, 

please contact Ms. Margaret Gidding at 

the above phone or fax numbers or via 

e-mail at mgidding@usbr.gov no less 

than ten working days prior to the 

meetings. 

SUPPLEMENTARY INFORMATION: The 

Proposed Action includes improving 

conveyance capacity in Reach 4B of the 

San Joaquin River to ensure conveyance 

of at least 475 cfs, modifying the 

Eastside and Mariposa bypass channels 

to establish a low flow channel, and 

modifying structures in the Eastside and 

Mariposa bypasses to provide for fish 

passage. The following are the 

applicable Settlement Paragraphs 

related to the Proposed Action: 

• Paragraph 11(a)(3) stipulates 

channel modifications to Reach 4B to 

ensure conveyance of at least 475 cfs. 

• Paragraph 11(a)(4) stipulates 

modifications to the San Joaquin River 

headgates at the upstream end of Reach 

4B to ensure fish passage and enable 

flow routing into Reach 4B. 

• Paragraph 11(a)(5) stipulates 

modifications to the Sand Slough 

Control Structure to ensure fish passage. 

• Paragraph 11(a)(8) stipulates 

modifications to structures in the 

Eastside and Mariposa bypass channels 

to provide anadromous fish passage on 

an interim basis until a final flow 

routing is selected and completed. 

• Paragraph 11(a)(9) stipulates 

modifications in the Eastside and 

Mariposa bypass channels to establish a 

suitable low-flow channel, if the 

Secretary of the Interior in consultation 

with the Restoration Administrator, 

determines that such modifications are 

necessary to support anadromous fish 

migration through these channels. 

Because the functions of these 

channels are interrelated, the design, 

environmental compliance, and 

construction are being addressed as one 

Proposed Action. The planning and 

environmental review for the Proposed 

Action is authorized under Section 

3406(c)(1) of the Central Valley Project 

Improvement Act (CVPIA), (Pub. L. 

102–575) and the San Joaquin River 

Restoration Act (SJRRA), included in 

Public Law 111–11. Construction of the 

Proposed Action is authorized under 

Section 10004 of the SJRRA (Pub. L. 

111–11). The Proposed Action would be 

implemented consistent with both the 

Settlement and the SJRRA, Public Law 

111–11. 

San Joaquin River Restoration Program 

In 1988, a coalition of environmental 

groups led by the Natural Resources 

Defense Council (NRDC) filed a lawsuit 

challenging the renewal of the long-term 

water service contracts between the 

United States and the Central Valley 

Project Friant Division Contractors. 

After more than 18 years of litigation 

known as NRDC, et al., v. Kirk Rodgers, 

et al., the NRDC, Friant Water Users 

Authority, and the Departments of the 

Interior and Commerce (Settling Parties) 

reached agreement on the terms and 

conditions of the San Joaquin River 

Settlement (Settlement) which was 

subsequently approved by the Court on 

October 23, 2006. The Settlement can be 

found online at http:// 

www.restoresjr.net. 

The Settlement is based on two 

parallel Goals: 

• The Restoration Goal—To restore 

and maintain fish populations in ‘‘good 

condition’’ in the main stem of the San 

Joaquin River below Friant Dam to the 

confluence of the Merced River, 

including naturally reproducing and 

self-sustaining populations of salmon 

and other fish; and 

• The Water Management Goal—To 

reduce or avoid adverse water supply 

impacts to all of the Friant Division 

long-term Contractors that may result 

from the Interim Flows and Restoration 

Flows provided for in the Settlement. 

The Settling Parties acknowledge that 

accomplishing the Goals requires 

planning, implementation, and funding 

of certain activities, such as 

environmental review, design, and 

construction. With regard to the 

Restoration Goal, the Settlement calls 

for a combination of channel and 

structural improvements along the San 

Joaquin River below Friant Dam, 

releases of additional water from Friant 

Dam to the confluence of the Merced 

River, and the reintroduction of spring 

and/or fall-run Chinook salmon. 

The Settlement states that the 

Secretary of the Interior shall implement 

the terms and conditions of the 

Settlement. Additionally, the Settling 

Parties agreed that implementation of 

the Settlement shall also require 

participation of the State of California. 

Therefore, concurrent with the 

execution of the Settlement, the Settling 

Parties entered into a Memorandum of 

Understanding with the State of 

California, by and through the California 

Resources Agency, DWR, the 

Department of Fish and Game (DFG), 

and the California Environmental 

Protection Agency (CalEPA), regarding 

the State’s role in the implementation of 

the Settlement. The program established 

to implement the Settlement is the 

SJRRP, and the ‘‘Implementing 

Agencies’’ responsible for the 

management of the SJRRP include 

Reclamation, the U.S. Fish and Wildlife 

Service (USFWS), the National Marine 

Fisheries Service (NMFS), DWR, and 

DFG. The Federal Implementing 

agencies (Reclamation, USFWS and 

NMFS) are authorized to implement the 

Settlement under the SJRRA included in 

Public Law 111–11. 

A Program Environmental Impact 

Statement/Environmental Impact Report 

(PEIS/EIR) is currently being developed 

for implementation of the SJRRP. If 

applicable, the EIS/EIR for the Proposed 

Action will supplement, tier from, 

incorporate by reference, or adopt 

relevant NEPA analyses from the PEIS/ 

EIR. The Record of Decision for the 

PEIS/EIR is anticipated to be signed in 

2010. 

Public Disclosure 

Before including your name, address, 

phone number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Dated: July 13, 2009. 

Mike Chotkowski, 

Regional Environmental Officer, Mid-Pacific 

Region. 

[FR Doc. E9–21717 Filed 9–8–09; 8:45 am] 

BILLING CODE 4310–MN–P 


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