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

[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 floodrisk 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


### 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 in2010, 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


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

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 MissouriRiver 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.