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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Pages 2015-2017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00337]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-NWRS-2024-N057; FXRS12610800000-256-FF08R04000]

Bayside Community Resiliency: The Living Levee Project; Intent To 
Prepare Environmental Impact Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) and the City of 
Imperial Beach propose to act in partnership to prepare a joint draft 
Environmental Impact Statement/Environmental Impact Report in 
compliance with the National Environmental Policy Act (NEPA) and the 
California Environmental Quality Act (CEQA) to evaluate the impacts on 
the environment related to the repurposing of a 1.2-mile segment of the 
Bayshore Bikeway corridor and adjacent pathways into a multi-benefit 
coastal resilience corridor. This corridor runs through the 
southwestern portion of the San Diego Bay National Wildlife Refuge and 
the adjacent Bayside neighborhood of the City of Imperial Beach. The 
purpose of the coastal resilience corridor is to improve flood 
protection for the adjacent community, which is vulnerable to coastal 
flooding, by converting the existing circulation corridor into a 
nature-based coastal flood resilience system; provide safe land-based 
public access along San Diego Bay; and strengthen ecosystem resilience 
by providing transitional habitat areas along the San Diego Bay's edge. 
The unique identification number for this project is 2025-0003688-NEPA-
001. The Service is providing this notice to open a public scoping 
period in accordance with the requirements of NEPA and its implementing 
regulations. We invite comment from the public and local, State, 
Tribal, and Federal agencies.

DATES: To ensure consideration in our reviews, we are requesting 
submission of new information no later than February 24, 2025.

ADDRESSES: You may submit written comments and materials by one of the 
following methods:
     U.S. mail: San Diego Bay National Wildlife Refuge, Attn: 
Bayside Community Resiliency Project, 1080 Gunpowder Point Drive, Chula 
Vista, CA 91910.
     Email: [email protected]. Please use the subject 
header ``Bayside Community Resiliency Project.''

FOR FURTHER INFORMATION CONTACT: Sally Brown, Refuge Manager, Tijuana 
Slough and San Diego Bay National Wildlife Refuges, via email at 
[email protected] or via phone at (619) 964-1980. Individuals in the 
United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: The U.S. Fish and Wildlife Service (Service) 
and the City of Imperial Beach propose to act in partnership to prepare 
a joint draft Environmental Impact Statement/Environmental Impact 
Report (EIS/EIR) in compliance with the National Environmental Policy 
Act (NEPA) and the California Environmental Quality Act (CEQA) to 
evaluate the impacts on the environment related to repurposing of a 
1.2-mile segment of the Bayshore Bikeway corridor and adjacent pathways 
into a multi-benefit coastal resilience corridor. The Service is the 
NEPA lead agency, and Imperial Beach is the CEQA lead agency. Both 
agencies are working in cooperation with the Federal Emergency 
Management Agency; U.S. Army Corps of Engineers; and Department of 
Defense, U.S. Navy as cooperating agencies, and propose to act in 
partnership to prepare the joint draft EIS/EIR.
    The corridor runs through the southwestern portion of the San Diego 
Bay National Wildlife Refuge, the adjacent Bayside neighborhood of the 
City of Imperial Beach, and the Bayside Elementary School playing 
field. The purpose of the coastal resilience corridor is to (a) improve 
flood protection for the adjacent community, which is vulnerable to 
coastal flooding, by converting the existing circulation corridor into 
a nature-based coastal

[[Page 2016]]

flood resilience system; (b) provide safe land-based public access 
along San Diego Bay; and (c) strengthen ecosystem resilience by 
providing transitional habitat areas along the San Diego Bay's edge.
    We are requesting comments concerning the scope of the analysis and 
identification of relevant information and studies. The approximately 
14-acre Bayside Community Resiliency: The Living Levee Project site 
traverses jurisdictional areas managed by, leased to, or with an 
easement or encroachment permit within the City of Imperial Beach; City 
of Coronado; City of San Diego; San Diego Unified Port District; 
Service's San Diego Bay National Wildlife Refuge; Department of 
Defense, U.S. Navy; South Bay Unified School District; and San Diego 
Metropolitan Transit System properties in San Diego County, California.

Purpose and Need for the Proposed Action

    The purpose of the Bayside Community Resiliency: The Living Levee 
Project is to:
     Mitigate current flooding hazards and future sea level 
rise hazards to the disadvantaged Bayside Community.
     Protect critical infrastructure, as well as preserve and 
enhance coastal resources, including salt marsh habitat within the San 
Diego Bay National Wildlife Refuge.
     Provide safe coastal access, such as the multi-use path 
and pedestrian/cyclist bridge that will be integrated into the nature-
based living levee.
    The need for the Bayside Community Resiliency: The Living Levee 
Project is as follows:
     The Bayside neighborhood and Bayside Elementary School are 
vulnerable to existing flooding and future sea level rise, and there is 
a need for enhanced flood protection.
     The primary coastal hazards within the Bayside Community 
Resiliency Project area consist of coastal and stormwater flooding. 
This currently occurs in the City of Imperial Beach during extreme 
conditions (i.e., precipitation events or high tides). Sea level rise 
will increase the frequency and severity of these hazards. Tidal water 
from San Diego Bay currently backflows into the stormwater system and 
has been observed flooding storm drain inlets in Bayside Elementary, as 
well as within the streets of the Bayside neighborhood. Sea level rise 
threatens to make these stormwater flooding issues more pronounced in 
the Bayside neighborhood as the storm drain capacity lessens.
     The City of Imperial Beach section of the Bayside 
Community Resiliency Project is becoming less safe for all users, and 
there is a need for improved coastal access. The City of Imperial Beach 
section of the Bayshore Bikeway has a high volume of daily users, and 
lack of access points results in hazards for pedestrians and cyclists.
     Pond 10 and Pond 10A are former solar salt ponds located 
in the southwest corner of the San Diego Bay National Wildlife Refuge. 
Vulnerable to sea level rise, the topography of the existing marsh 
fringe in Pond 10A provides limited habitat transition area and 
significantly constrains marsh migration with projected sea level rise. 
Therefore, the limited transition area could decrease vegetation 
diversity and persistence. With projected sea level rise, much of the 
tidal flats would convert to open water. Therefore, there is a need for 
strengthened ecosystem resilience by adding transitional habitat areas 
along the San Diego Bay's edge.

Preliminary Proposed Action and Alternatives

    Four alternatives, Proposed Action Alternative (Alternative 1), 
Ring Levee Alternative (Alternative 2), Reduced Action Alternative 
(Alternative 3), and the No Action Alternative (Alternative 4), will be 
evaluated in the draft Environmental Impact Statement/Environmental 
Impact Report, as discussed below.

Proposed Action Alternative (Alternative 1)

    Within the jurisdiction of the cities of Imperial Beach, San Diego, 
and Coronado, as well as the Service's San Diego Bay National Wildlife 
Refuge, the Proposed Action Alternative (Alternative 1) would remove 
the existing culvert between Pond 10 and Pond 10A to avoid further 
erosion of Refuge lands along the State Route 75 (Silver Strand 
Highway) and replace it with fill; excavate a portion of the Bayshore 
Bikeway and Ponds 10 and Pond 10A to create a tidal channel and span 
the new tidal opening with a 200-foot-long bicycle and pedestrian 
bridge; elevate portions of the Bayshore Bikeway east and west of the 
bridge; and construct a living earthen levee along the Flamingo Trail 
and from 7th Street to Boulevard Avenue. A tidal channel would be 
constructed under the bridge to restore tidal connection and alleviate 
existing erosion. An additional living earthen levee would be 
constructed along Flamingo Trail and between 7th Street and 10th 
Street. A Class 1 bikeway and separate multi-use trail would be 
constructed atop the living levees. Upland habitat would be converted 
to mid-to-high marsh (i.e., wetland) habitat to increase and enhance 
wetland habitat within the San Diego Bay National Wildlife Refuge. 
Public access nodes (parklets) would be created at the northern 
terminus of 7th Street and 8th Street. Drainage improvements would 
occur along 7th Street, including installation of a single pump station 
for stormwater between Delaware Street and Boulevard Avenue. Storm 
drains would be reconfigured between 9th Street, 10th Street, Palm 
Avenue, and Bayside Elementary School to increase flood conveyance 
capacity. A multi-purpose detention basin and park would be constructed 
on the existing Bayside Elementary School recreational field, with a 
tidal gate installed at the stormwater outlet.

Ring Levee Alternative (Alternative 2)

    This alternative is the same as the Proposed Action (Alternative 
1), except that the entire dike between Pond 10 and Pond 10A would be 
demolished. A living levee would be constructed from the northern 
terminus of the Flamingo Trail, clockwise to where the existing 
Bayshore Bikeway intersects with State Route 75. Alternative 2 would 
result in a larger development footprint, greater excavation, and 
greater soil placement than Alternative 1.

Reduced Action Alternative (Alternative 3)

    The alternative is similar to the Proposed Action (Alternative 1), 
except the Reduced Action Alternative (Alternative 3) contains fewer of 
the project design features. Alternative 3 would construct a living 
earthen levee only along the Flamingo Trail and between 7th Street and 
8th Street. The same as Alternative 1, Alternative 3 provides 
stormwater improvements and constructs a multi-purpose detention basin 
and park on the existing Bayside Elementary School recreational field, 
with a tidal gate installed at the stormwater outlet. Alternative 3 
would result in no tidal restoration of Pond 10A within the San Diego 
Bay National Wildlife Refuge and would provide limited improvements to 
safe public access for pathway users.

No Action Alternative (Alternative 4)

    The No Action Alternative (Alternative 4) would have no changes to 
existing conditions.

Summary of Expected Impacts

    Based on the initial evaluation of the Proposed Action Alternative 
(Alternative 1), the following impacts would be expected: short-term

[[Page 2017]]

disturbance to and changes in habitat conditions for listed and 
sensitive species; short-term loss of wetlands from the discharge of 
dredged or fill into waters of the United States and the expected long-
term increase in wetlands from sea level rise along the living 
shoreline levee; construction-related effects, including temporary 
increases in dust and other air pollutants from the use of fossil fuels 
in construction machinery and vehicles, construction noise and 
vibration, and temporary adverse water quality associated with grading 
and earthwork occurring within existing wetlands and shallow water; 
temporary changes to existing public access; and potential effects on 
cultural resources. Operational and long-term benefits would include 
improved resiliency to future sea level rise, increased capacity for 
current and future stormwater flooding, a reduction in scour and 
erosional effects, and enhanced wetland and upland habitat.

Anticipated Permits and Authorizations

    The following permits and other authorizations are anticipated to 
be required:
     U.S. Army Corps of Engineers Clean Water Act (CWA) section 
404 permit, Rivers and Harbors Act section 10 permit, and others, if 
appropriate;
     San Diego Regional Water Quality Control Board CWA section 
401 water quality certification;
     Federal Consistency Determination from the California 
Coastal Commission;
     Department of Defense, U.S. Navy permit for construction 
access and activities on Department of Defense land;
     Construction access and activity permits (e.g., grading) 
from the City of San Diego, San Diego Unified Port District, and San 
Diego Metropolitan Transit System;
     San Diego Unified Port District--Real Estate Agreement(s);
     Authorization from the San Diego Metropolitan Transit 
System and South Bay Unified School District;
     Refuge special-use permit issued to the City of Imperial 
Beach for construction access and activities on San Diego Bay National 
Wildlife Refuge land;
     Consultation pursuant to section 7 of the Federal 
Endangered Species Act with the Service and National Marine Fisheries 
Service;
     Consultation with the National Marine Fisheries Service 
regarding essential fish habitat under the Magnuson-Stevens Fishery 
Conservation and Management Act, and consultation regarding marine 
mammals pursuant to the Marine Mammal Protection Act; and
     Consultation with Tribes and the State Historic 
Preservation Officer pursuant to section 106 of the National Historic 
Preservation Act.

Schedule for the Decision-Making Process

    Processing of the Environmental Impact Statement, from the public 
scoping stage to the signing of the Record of Decision, is expected to 
take approximately 18 months. The draft Environmental Impact Statement/
Environmental Impact Report is scheduled for release in mid-2025. The 
final Environmental Impact Statement/Environmental Impact Report is 
scheduled for completion by late 2025, with the Record of Decision 
expected to be issued in early 2026. Permitting is expected to be 
completed at approximately the same time as the signing of the Record 
of Decision.

Environmental Impact Statement Public Scoping Process

    This notice of intent initiates the 45-day scoping process, which 
guides the development of the draft Environmental Impact Statement. The 
scoping process is designed to elicit comments from the public, public 
agencies, Tribal governments, and other interested parties on the scope 
of the draft Environmental Impact Statement. All interested parties are 
encouraged to provide written comments on the scope of the draft 
Environmental Impact Statement.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    The Service requests comments concerning the scope of the analysis 
and identification of relevant information and studies. All interested 
parties are invited to provide input related to the identification of 
potential alternatives, information, and analyses relevant to the 
Proposed Action Alternative (Alternative 1) in writing. All written 
comments should be submitted via any of the methods provided in the 
ADDRESSES section.

Lead and Cooperating Agencies

    The Service is the lead agency for the Environmental Impact 
Statement, with the Federal Emergency Management Agency; U.S. Army 
Corps of Engineers; and Department of Defense, U.S. Navy as cooperating 
agencies.

Decision Maker

    The Decision Maker is the Service's Regional Director for the U.S. 
Fish and Wildlife Service, Pacific Southwest Region.

Nature of Decision To Be Made

    The Regional Director, after considering the analysis and 
information provided in the final Environmental Impact Statement, as 
well as the comments received throughout the draft Environmental Impact 
Statement review process, will determine if the proposed action 
sufficiently achieves the purpose and need for the project. The 
decision, which will be documented in the Record of Decision, will also 
consider the consistency of the action with agency policies, 
regulations, and applicable laws, as well as the contribution the 
action will make towards achieving the purposes for which the San Diego 
Bay National Wildlife Refuge was established, while also contributing 
to the mission and goals of the National Wildlife Refuge System.

Public Availability of Comments

    Before including your address, phone number, email 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.

Authority

    This document is published under the authority of NEPA regulations 
pertaining to the publication of a notice of intent to issue an 
Environmental Impact Statement (40 CFR 1501.9(d)).

Curtis McCasland,
Acting Regional Director, Pacific Southwest Region.
[FR Doc. 2025-00337 Filed 1-8-25; 8:45 am]
BILLING CODE 4333-15-P
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