Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Notices 29215 

[FR Doc. 2011–12405 Filed 5–19–11; 8:45 am] 

BILLING CODE 5001–06–C 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Notice of Intent To Prepare Draft 

Environmental Impact Statements/ 

Environmental Impact Reports for the 

Sutter Basin Feasibility Study and the 

Section 408 Permission for the Feather 

River West Levee Project, Sutter and 

Butte Counties, CA 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers; DoD. 

ACTION: Notice of intent. 

SUMMARY: Pursuant to the National 

Environmental Policy Act of 1969, as 

amended, and the California 

Environmental Quality Act (CEQA), the 

U.S. Army Corps of Engineers (USACE) 

intends to prepare a separate 

Environmental Impact Statement/ 

Environmental Impact Report (EIS/EIR) 

for each of the following related flood 

risk management study efforts in northcentral California: a Feasibility Study of 

flood risk management and related 

water resources problems in the Sutter 

Basin conducted by USACE under the 

authority of the Flood Control Act of 

1962 (Pub. L. 87–874); and under 

Section 14 of the Rivers and Harbors Act 


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29216 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Notices 

of 1899 (as amended) (33 U.S.C. 408), 

and Section 404 of the Clean Water Act 

(33 U.S.C. 1344), the proposed Feather 

River West Levee Project (FRWLP), 

sponsored by the Sutter Butte Flood 

Control Agency (SBFCA) as a locally 

driven flood management improvement 

project. The two projects are being 

studied in close coordination because 

they partially overlap in their study 

areas, purpose, potential improvements, 

potential effects, and involved parties. 

Therefore, a joint scoping process is 

being conducted for the two projects to 

explain the relationship between the 

two efforts and obtain public input in a 

manner that is convenient, efficient, and 

integrated. Figures of the two project 

areas can be viewed at the SBFCA Web 

site at: http://www.sutterbutteflood.org/ 

index.php/notices_documents. 

Sutter Basin Feasibility Study. On 

March 20, 2000, the State of California 

entered into a feasibility cost-sharing 

agreement (FCSA) with USACE to 

initiate a feasibility study. An 

amendment to the FCSA was signed in 

2010, which included SBFCA as a nonFederal sponsor. The purpose of the 

study is to address flood risk, ecosystem 

restoration and recreation-related issues 

in the study area. If a Federal interest is 

determined, the study would result in a 

decision document, a General 

Investigation Feasibility Study report 

and EIS/EIR, which would be the basis 

for a recommendation to Congress for 

authorization. The Central Valley Flood 

Protection Board (CVFPB) and SBFCA 

are coordinating with USACE on the 

feasibility study. USACE, as the Federal 

lead agency under NEPA, and SBFCA, 

as the state lead agency under CEQA in 

coordination with CVFPB, have 

determined that an EIS/EIR will be 

prepared to describe alternatives, 

potential environmental effects, and 

mitigation measures. 

FRWLP. SBFCA is planning the 

FRWLP to construct improvements to 

the west levee of the Feather River from 

Thermalito Afterbay to the Sutter 

Bypass confluence to meet Federal, 

state, and local flood protection criteria 

and goals. In 2010, an assessment 

district was enacted to provide local 

funding toward flood management 

improvements. These funds may be 

matched with those from the Early 

Implementation Program (funded 

through previous state bonds) 

administered by the California 

Department of Water Resources (DWR). 

In order to implement the project, the 

sponsor must acquire permission from 

USACE to alter the Federal project 

under Section 14 of the Rivers and 

Harbors Act of 1899 (as amended) (33 

U.S.C. 408 or, Section 408). USACE also 

has authority under Section 404 of the 

Clean Water Act (33 U.S.C. 1344) over 

activities involving the discharge of 

dredged or fill material to waters of the 

United States, which are known to be in 

the project area. The purpose of the 

FRWLP would be to construct 

improvements as quickly as possible in 

advance of and compatible with the 

Sutter Basin Project. USACE, acting as 

the Federal lead agency under NEPA, 

and SBFCA, acting as the state lead 

agency under the CEQA in coordination 

with CVFPB, have determined that an 

EIS/EIR will be prepared to describe 

alternatives, potential environmental 

effects, and mitigation measures. 

DATES: Public scoping meetings will be 

held on Monday, June 27 at 3:30 p.m. 

and 6:30 p.m. at the Veterans Memorial 

Community Building, 1425 Veterans 

Memorial Circle, Yuba City, CA and on 

Tuesday, June 28 at 3:30 p.m. and 6:30 

p.m. at the Veterans Memorial Hall, 245 

Sycamore Street, Gridley, CA. Send 

written comments by July 8, 2011 (see 

ADDRESSES). 

ADDRESSES: Written comments and 

suggestions concerning the scope and 

content of the environmental 

information may be submitted to Mr. 

Matt Davis, U.S. Army Corps of 

Engineers, Sacramento District, Attn: 

Planning Division (CESPK–PD–R), 1325 

J Street, Sacramento, CA 95814. 

Requests to be placed on the mailing list 

also should be sent to this address. 

FOR FURTHER INFORMATION CONTACT: 

Questions about the proposed actions 

and environmental review process 

should be addressed to Matt Davis at 

(916) 557–6708, e-mail: 

Matthew.G.Davis@usace.army.mil (see 

ADDRESSES). 

SUPPLEMENTARY INFORMATION: 

1. Proposed Action. Sutter Basin 

Feasibility Study. USACE is conducting 

a feasibility study to evaluate structural 

and non-structural flood-riskmanagement measures, including reoperation of existing reservoirs; 

improvements to existing levees; 

construction of new levees; and other 

storage, conveyance, and non-structural 

options. The Sutter Basin study area 

covers approximately 285 square miles 

and is roughly bounded by the Feather 

River, Sutter Bypass, Wadsworth Canal, 

Sutter Buttes, and Cherokee Canal. 

Flood waters potentially threatening the 

study area originate from the Feather 

River watershed and/or the upper 

Sacramento River watershed, above 

Colusa Weir. The study area is 

essentially encircled by project levees 

and the high ground of Sutter Buttes. 

Geotechnical analysis and historical 

performance during past floods 

indicates the project levees are at risk of 

failure due to underseepage. The risk of 

levee failure coupled with the 

consequence of deep flooding presents a 

threat to public safety and property. 

Considering the collective changes to 

riparian and aquatic ecosystems brought 

about by agriculture, urbanization, 

mining, and flood risk management and 

water supply infrastructure, and the 

national concern for environmental 

quality and protection, every 

opportunity to restore and protect 

natural resources should be taken 

whenever changes in the water 

management system are being 

contemplated. Ecosystem restoration 

measures likely would include 

restoration of floodplain function and 

habitat. Recreation measures include 

those outdoor recreation opportunities 

associated with sustainable water 

resource development. The feasibility 

phase of this project is cost-shared 50% 

Federal, 50% non-Federal with the 

project sponsors, the State of California 

CVFPB and the SBFCA. The study will 

focus on alternatives in the study area 

that comprise flood risk management, 

ecosystem restoration, and recreation 

management measures. As part of the 

study, an EIS/EIR will be prepared with 

USACE as the lead agency under NEPA 

and SBFCA in cooperation with CVFPB 

as the lead agency under CEQA. 

FRWLP. SBFCA is proposing a levee 

improvement project along the Feather 

River west levee under the California 

DWR’s Early Implementation Program to 

expeditiously complete flood-risk 

reduction measures in advance of the 

Sutter Basin Feasibility Study. Known 

as the FRWLP, the project proposes to 

construct levee improvements between 

the Thermalito Afterbay and the Feather 

River/Sutter Bypass confluence. Primary 

deficiencies of the levee include 

through-seepage, under-seepage, and 

embankment instability (e.g., overly 

steepened slopes). Alternatives 

considered may include measures such 

as slurry cutoff walls, seepage berms, 

stability berms, internal drains, relief 

wells, sheet-pile walls, slope flattening, 

and potential new levee alignments. As 

part of the project, an EIS/EIR is being 

prepared. USACE has authority under 

Section 14 of the Rivers and Harbors Act 

of 1899 (as amended) (33 U.S.C. 408), 

over alterations to Federal flood control 

project levees and any such alterations 

as proposed by SBFCA are subject to 

approval by USACE. USACE also has 

authority under Section 404 of the Clean 

Water Act (33 U.S.C. 1344) over 

activities involving the discharge of 

dredged or fill material to waters of the 

United States, which are known to be in 


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Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Notices 29217 

the project area. Due to these 

authorities, USACE is acting as the lead 

agency for the EIS pursuant to NEPA. 

SBFCA will be acting as the lead agency 

for the EIR according to CEQA as an 

agency of the State of California with 

delegated authority to approve the 

project. 

2. Alternatives. The EIS/EIRs will 

consider several alternatives for 

reducing flood damage. Alternatives 

analyzed during the investigation will 

consist of a combination of one or more 

measures to reduce the risk of flooding. 

These measures include installing cutoff 

walls, and constructing seepage berms. 

3. Scoping Process. 

a. A series of public scoping meetings 

will be held on June 27 and 28, 2011, 

to present information to the public and 

to receive comments from the public on 

both the feasibility study and the 

FRWLP. These meetings are intended to 

initiate the process to involve concerned 

individuals, and local, state, and 

Federal agencies. 

b. Significant issues to be analyzed in 

depth in the environmental documents 

include effects on hydraulics, wetlands 

and other waters of the U.S., vegetation 

and wildlife resources, special-status 

species, aesthetics, cultural resources, 

recreation, land use, fisheries, water 

quality, air quality, transportation, and 

socioeconomics; and cumulative effects 

of related projects in the study area. 

c. USACE is consulting with the State 

Historic Preservation Officer to comply 

with the National Historic Preservation 

Act and with the U.S. Fish and Wildlife 

Service and National Marine Fisheries 

Service to comply with the Endangered 

Species Act. USACE also is coordinating 

with the U.S. Fish and Wildlife Service 

to comply with the Fish and Wildlife 

Coordination Act. 

d. A 45-day public review period will 

be provided for individuals and 

agencies to review and comment on the 

draft environmental documents. All 

interested parties are encouraged to 

respond to this notice and provide a 

current address if they wish to be 

notified of the draft EIS/EIR circulation. 

4. Availability. The draft EIS/EIR for 

the FRWLP is scheduled to be available 

for public review and comment in late 

2011. The draft EIS/EIR for the Sutter 

Basin Feasibility Study is scheduled to 

be available for public review and 

comment in mid 2012. 

Dated: May 12, 2011. 

Andrew B. Kiger, 

LTC, EN, Commanding. 

[FR Doc. 2011–12510 Filed 5–19–11; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Notice of Availability of the Final 

Programmatic Environmental Impact 

Statement for the Mechanical and 

Artificial Creation and Maintenance of 

Emergent Sandbar Habitat in the 

Riverine Segments of the Upper 

Missouri River, Missouri River Basin, 

United States 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice of Availability. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969, as amended, the U.S. Army Corps 

of Engineers intends to file a Final 

Programmatic Environmental Impact 

Statement (FPEIS) for the Mechanical 

and Artificial Creation and Maintenance 

of Emergent Sandbar Habitat on the 

Riverine Segments of the Upper 

Missouri River with the U.S. 

Environmental Protection Agency. The 

FEIS is available for final public review. 

Details on the proposed action, location 

and areas of environmental concern 

addressed in the FPEIS are provided 

below under SUPPLEMENTARY

INFORMATION. 

DATES: The review period will be open 

30 days from the date of this notice. The 

Record of Decision is anticipated to be 

issued in August, 2011. 

ADDRESSES: Written comments should 

be sent to: Department of the Army; 

Corps of Engineers, Omaha District; 

CENWO–PM–AC; ATTN: Emergent 

Sandbar Habitat Programmatic EIS; 1616 

Capitol Avenue; Omaha, NE 68102– 

4901, or e-mailed to: 

Cynthia.s.upah@usace.army.mil. 

Comments must be postmarked, 

e-mailed, or otherwise submitted no 

later than June 13, 2011. Copies of the 

FPEIS have been sent to all agencies and 

individuals who participated in the 

scoping process or public hearings and 

to those requesting copies. The FEIS is 

available online at: http:// 

www.moriverrecovery.org/mrrp/MRRP_

PUB_DEV.download_documentation_

peis. To obtain a copy, please contact 

Ms. Cynthia Upah. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cynthia Upah, Project Manager, by 

telephone: (402) 995–2672, by mail: 

1616 Capitol Avenue, Omaha, NE 

68102–4901, or by e-mail: 

Cynthia.s.upah@usace.army.mil. For 

inquires from the media, please contact 

the USACE Omaha District Public 

Affairs Officer (PAO), Ms. Monique 

Farmer by telephone: (402) 995–2416, 

by mail: 1616 Capitol Avenue, Omaha, 

NE 68102, or by e-mail: 

Monique.l.farmer@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 1. 

Background. The Emergent Sandbar 

Habitat (ESH) program is being 

implemented by the U.S. Army Corps of 

Engineers (Corps) for the benefit of the 

interior population of the Interior least 

tern (least tern) and the northern Great 

Plains piping plover (piping plover). 

This implementation program resulted 

from a Biological Opinion (BiOp) issued 

by the U.S. Fish and Wildlife Service 

(USFWS) in which the Reasonable and 

Prudent Alternative (RPA) called for the 

Corps to provide sufficient ESH acreage 

in order to meet biological metrics 

(fledge ratios) to avoid jeopardizing 

continued existence of the species, as 

defined by the Endangered Species Act 

(ESA). 

The FPEIS is needed to provide 

National Environmental Policy Act 

(NEPA) coverage for the mechanical and 

artificial construction of ESH in the 

riverine segments of the Upper Missouri 

River, pursuant to the 2003 BiOp 

Amendment RPA IV(b) 3, and to 

compare impacts among a range of 

alternatives. The goal is to inform the 

selection of a preferred alternative that 

allows for the creation and replacement 

of sufficient habitat to support tern and 

plover populations on the Missouri 

River in a safe, efficient and costeffective manner that minimizes 

negative environmental consequences. 

Alternatives to the proposed project 

that are considered in the FPEIS include 

(1) no action, including existing 

program activities and no action; (2) and 

6 action alternatives of various acreage 

creation. Environmental issues 

addressed in the FPEIS include 

hydrology, water quality, aggradation 

and degradation, biological resources, 

air quality, noise and recreation. 

After detailed consideration of the 

environmental and social impacts, and 

cumulative effects, of the Alternatives, 

the Corps has identified an Adaptive 

Management Implementation Process 

(AMIP) as the preferred alternative, and 

not one of the specific acreage 

alternatives. The key aspect of the AMIP 

is that, rather than selecting a specific 

acreage alternative and pursuing such 

construction, actions would be 

progressively implemented with the 

focus on monitoring a combination of 

biological and physical metrics 

(measurements). Implementation of 

progressively larger acreage amounts of 

habitat would continue until the desired 

biological response is attained and 

sustained. 


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