Draft Environmental Assessment

ICON Aircraft Land Use Authorization Lake Berryessa, Napa County, California

U.S. Department of the Interior Bureau of Reclamation Mid Pacific Region Central California Area Office Folsom, California

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 i

Mission Statements

The mission of the Department of the Interior is to protect and provide access to our Nation’s natural and cultural heritage and honor our trust responsibilities to Indian Tribes and our commitments to island communities. The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 ii

Acronyms and Abbreviations

AIS Aquatic Invasive Species BAAQMD Bay Area Air Quality Management District CAA Federal Clean Air Act CEQ Council on Environmental Quality CFR Code of Federal Regulations CWA Clean Water Act dB Decibel (noise) dBA A-weighted decibel EA Environmental Assessment EIS Environmental Impact Statement ESA Endangered Species Act EPA U.S. Environmental Protection Agency FAA Federal Aviation Administration FAR Federal Aviation Regulations GHGs Greenhouse Gases gph gallons per hour Ldn day/night average level (noise) Leq equivalent, sound level Lmax Maximum sound level during a single noise event LUA Land Use Authorization MBTA Migratory Bird Treaty Act msl mean sea level NEPA National Environmental Policy Act PM10 Particulate matter with an aerodynamic diameter of 10 micrometers or less PM2.5 Particulate matter with an aerodynamic diameter of 2.5 micrometers or less PUP Public Use Plan RA recreation area RAMP Lake Berryessa Reservoir Area Management Plan ROD Record of Decision VSP EIS Visitor Services Plan/Future Recreation Use and Operation of Lake Berryessa, Environmental Impact Statement

i

CONTENTS Acronyms and Abbreviations Summary i Section 1 Introduction 1 1.1 Background 1 1.2 Project Location: Lake Berryessa 1 1.3 Need for the Proposed Action 2

Section 2 Alternatives Including the Proposed Action 2 2.1 No Action Alternative 2 2.2 Proposed Action 2

Section 3 Affected Environment and Environmental Consequences 7 3.1 Air Quality 9 3.1.1 Affected Environment 9 3.1.2 Environmental Consequences and Minimization Measures 13 3.1.2.1 No Action 13 3.1.2.2 Proposed Action 13 3.1.2.3 Minimization Measures 14 3.2 Biological Resources 14 3.2.1 Affected Environment 14 3.2.2 Environmental Consequences and Minimization Measures 18 3.2.2.1 No Action 18 3.2.2.2 Proposed Action 18 3.2.2.3 Minimization Measures 19 3.3 Noise 20 3.3.1 Affected Environment 20 3.3.2 Environmental Consequences and Minimization Measures 21 3.3.2.1 No Action 21 3.3.2.2 Proposed Action 21 3.3.2.3 Minimization Measures 22 3.4 Recreation 23 3.4.1 Affected Environment 23 3.4.2 Environmental Consequences and Minimization Measures 24 3.4.2.1 No Action 24 3.4.2.2 Proposed Action 24 3.4.2.3 Minimization Measures 25 3.5 Water Resources 25 3.5.1 Affected Environment 25 3.5.2 Environmental Consequences and Minimization Measures 27 3.5.2.1 No Action 27 3.5.2.2 Proposed Action 27 3.5.2.3 Minimization Measures 27 3.6 Cumulative 28

Section 4 Consultation and Coordination 30

Section 5 Compliance with Environmental Statutes 30

Section 6 References 32

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 ii

CONTENTS (continued) Tables Table 2-1 Estimated Minimum Flight Operations 2018-2019 7 Table 2-2 Estimated Maximum Flight Operations 2018-2019 7 Table 3-1 Summary of Resource Topics Considered in This EA 10 Table 3-2 Attainment Status for Criteria Air Pollutants in Napa County 12 Table 3-3 Federal Conformity De Minimis Levels for Annual Production of 13 Ozone Precursors in Napa County Table 3-4 Predicted ICON Noise Levels 22

Photographs Photograph 2-1: ICON A5 Seaplane Operation 3 Photograph 2-2: ICON A5 Unimproved Surface Landing Operation 3

Appendices Appendix A: Figures Figure 1-1 Regional Location Figure 3-1 Flight Pattern Figure 3-2 Noise Monitoring Sites and Sensitive Receptors Appendix B: ICON Aircraft Lake Berryessa, Environmental Noise Assessment, 2018

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 iii

Summary

The U.S. Department of the Interior, Bureau of Reclamation (Reclamation) prepared this environmental assessment (EA) to evaluate the potential environmental consequences of permitting ICON Aircraft to conduct commercial flight operations including engineering, pilot training and sales demonstrations of their A5 aircraft on and above Lake Berryessa. Reclamation must consider the potential environmental impacts of issuing ICON Aircraft authorization to conduct commercial operation on Lake Berryessa for a period of 5-years in accordance with 43 CFR 429.

This EA is prepared in compliance with the National Environmental Policy Act (NEPA), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 Code of Federal Regulations 1500–1508) and related CEQ guidance, and Department of the Interior Department Manual 516 DM 1-15.

ICON proposes to conduct flight training and other related commercial operations for its A5 light sport seaplane in the air space above Lake Berryessa and on its surface. The proposed project action evaluated in this document provides for land use authorization between Reclamation and ICON for commercial flight operations on Lake Berryessa.

The proposed action described in this EA is based on detailed flight operation descriptions and aircraft specifications provided by ICON Aircraft. Reclamation’s decision document will focus on the proposed flight operations of the proposed action, and will rely on the effects analysis in the EA as a basis for its decisions.

The EA analyzes the impacts of the proposed action and no-action alternative. Implementation of the proposed action would result in overall minimal impacts on the environment because aircraft flight operations above and on Lake Berryessa are generally of short duration, avoid recreational users during busy holiday weekend, control the spread of invasive species and do not affect sensitive receptors. Measures to avoid or minimize environmental impacts are identified in the EA to further reduce potential adverse impacts. Cumulative impacts of the proposed action and other projects at Lake Berryessa would also be minimal through implementation of project-specific minimization measures. The proposed action would comply with federal environmental statutes and other authorities.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 i

SECTION 1 Introduction

In conformance with the National Environmental Policy Act of 1969 (NEPA), as amended, the Bureau of Reclamation (Reclamation) has prepared this Draft Environmental Assessment (EA) to evaluate and disclose any potential environmental impacts associated with the issuance of a Land Use Authorization (LUA).

1.1 Background

ICON Aircraft (ICON), based at the Nut Tree Airport in Solano County, is a consumer light sport airplane manufacturer founded in response to the sport flying category created by the Federal Aviation Administration (FAA). Given the FAA’s enabling regulations, ICON’s stated mission is to manufacture a personal recreational aircraft which is consumer-friendly, safe and technologically advanced. ICON’s first aircraft, the A5, is an amphibious sport airplane capable of departing and landing on unimproved surfaces, paved runways and on water. ICON began delivering the A5 to buyers in 2015 and is scaling production at its facilities located at the Nut Tree Airport about 15-air miles south southeast of Lake Berryessa.

Lake Berryessa is the reservoir for the Solano Project which is owned and managed by the Bureau of Reclamation and operated under a cooperative agreement with the Solano County Water Agency and Solano Irrigation District. The lake offers ICON the ideal location to conduct water landing and departure flight analysis, engineering tests, pilot instructions and to demonstrate the A5’s capabilities to potential aircraft buyers.

Prior to August 2013, Reclamation designated a seaplane landing area on Lake Berryessa. On August 5, 2013 Reclamation’s Central California Area Office (CCAO) sent a Notice of Abandonment of Seaplane Landing Areas to the Federal Aviation Administration (FAA). The notice expressed Reclamation’s intent to abandon seaplane landing areas on Lake Berryessa and Folsom Lake in order to standardize operations on Reclamation’s lakes in northern California. The notice recognized that seaplane operations would continue on Lake Berryessa in accordance with 43 Code of Federal Regulations (C.F.R.) 423.411. Importantly, the notice stated, that Reclamation “has rescinded its previous policy prohibiting commercial operations i.e., flight training or type qualifications on Lake Berryessa reflecting the removal of that prohibition from 43 C.F.R. 423.41.”

1.2. Project Location: Lake Berryessa

Lake Berryessa is located in the Coast Range in northeastern Napa County, approximately 60 miles northeast of San Francisco and 40 miles west of Sacramento. The lake has a storage capacity of approximately 1.6 million acre-feet and is one of the largest bodies of fresh water in California. The lake is 23 miles long by 3 miles wide and has 165 miles of shoreline. The lake was created in the late 1950s by construction of Monticello Dam across Devil’s Gate Canyon, which is at the southeastern edge of the lake. Putah Creek flows into the lake from the northwest and was dammed to create the

1 43 C.F.R., Part 423 (Public Conduct on Bureau of Reclamation Facilities, Lands and Waterbodies) §423.41 establishes requirements for the safe conduct of aircraft on and above Reclamation bodies of waters; ICON and all other aircraft operating on or above Lake Berryessa must comply. Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 1

lake. The lake’s location and relationship ICON’s base in Solano County are shown in Figure 1-1.

Napa County was the original administering agency responsible for developing and managing recreation facilities at Lake Berryessa under a management agreement with Reclamation, signed in 1958. Initially, no recreation facilities were provided at the lake, but various recreational opportunities were available, with boating being the most popular. In 1959, Reclamation prepared a Public Use Plan (PUP) to guide recreational development based on the capabilities of the land and water to accommodate public use and the recreation needs and desires of the people who would use the area (National Park Service 1959). Today, Lake Berryessa is a popular recreation location for people living in the San Francisco Bay Area and the Sacramento metropolitan area.

1.3 Need for the Proposed Action In order for ICON to operate its A5 seaplane for engineering test flights, pilot training and demonstration flights for prospective buyers, it must conduct commercial flight operations in air space above, and on the water surface of Lake Berryessa.

SECTION 2 Alternatives Including the Proposed Action

2.1 No Action Alternative

Under the No Action Alternative, Reclamation would not issue authorization to ICON for the use of the air space or water surfaces of Lake Berryessa.

2.2 Proposed Action

Reclamation would issue authorization that allows ICON to conduct the following operations/flights at designated areas within the Lake Berryessa Recreation Area.

ICON proposes the following for engineering flights, safe flight instruction and flight demonstration operations, collectively referred as “commercial flight operations” at Lake Berryessa:

• ICON bases its flight operations at the Nut Tree Airport, Vacaville, Solano County, California where the aircraft is manufactured and from where ICON conducts test flights (engineering flights) and where pilots receive ground school and flight training for the A5. Students are instructed by FAA Certified Flight Instructors in airport proper radio communications, navigation, departures, landings and operations. The ICON A5 is designed to operate as a fully sealed single hull seaplane (vs a pontoon float plane) and has extendable/retractable landing gear to operate on paved runways or on grass and unimproved surfaces (Photographs 2-1 and 2-2).

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 2

Photograph 2-1: ICON A5 Seaplane Operation

Photograph 2-2: ICON A5 Unimproved Surface Landing Operation

• Student pilots are taught by FAA Certified Flight Instructor pilots in ground school classroom settings, approved flight procedures, aircraft-to-aircraft and aircraft – to-ground radio communications and techniques to safely approach, land, water taxi and identify and avoid other lake users. Additional instruction includes the proper use of existing shoreline ramps for ingress and egress of the lake at concession locations, marina fuel islands or other launch ramps. Safe departure from the lake is taught over the course of several days of training while sharing the lake with recreational users and avoiding on-shore sensitive receptors. • Per FAA regulations for light sport aircraft and sport pilots, the airplane will be operated only during daylight hours. Not more than two personnel may be in the aircraft. The airplane may not weigh more than 1,430 pounds without an exemption (maximum weight 1,510 pounds) and may not fly faster than 138 mph. The aircraft must operate below 10,000 feet and may only be flown in visual flight rule conditions (day-time only). • ICON adheres to all FAA and Coast Guard requirements for seaplane operating as a vessel. • ICON and Reclamation will work together to eliminate potential conflicts with towed (boat) parasailers. • Flight operations from and to the airport use FAA and Nut Tree Airport published approach and departure requirements. • Typical “in bound” flight operations “enter” Lake Berryessa airspace at an altitude of approximately 2,500 feet above Monticello Dam and maintain that altitude on a northwest heading until the aircraft gradually descends to approximately 300 feet northwest of Wragg Ridge and Skier Cove. The descent continues northwest of Big Island during which the instructor pilot and student scan the lake area to assess safe landing locations east of Berryessa Pines (Figure 2-1).

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 3

• Water landings, take-offs and water taxing will generally occur in the northern portion of the lake which is approximately 3-miles wide. Water operations will stay at least 1,000 feet from the Lake Berryessa Wildlife Area located along the eastern shore and a minimum of 500 feet from all other lake users. • Typical flight instruction operational areas are on and above Lake Berryessa. Operational instruction areas are dependent on weather, wind, water conditions which may include water level or debris from runoff, the presence or absence of other lake users or special events. All flight operations conform to 43 C.F.R. 423.41. • Low level approaches, between 300 feet and 500 feet above the water surface are necessary to inspect and evaluate safe water landing conditions. • Water landings generally begin from an altitude of 500 feet or less above the water surface, depending on the nature of the particular instruction mission that day, and an air speed generally of 45 miles per hour. The length of a typical water landing is generally 500-1000 feet but will vary with atmospheric conditions such as temperature, wind speeds and wind direction. • Aircraft do not conduct water landings if “lake chop” (waves caused by winds) exceeds 12 inches, and may abort landing if “lake chop” is 8 to 10 inches. • Typically, an aircraft requires approximately 500 feet on the water to slow to a “vessel status” after it has touched down. While on the water, the aircraft typically will not exceed speeds of 25 mph during the course of various instructional modes. • As part of pilot instruction, ICON conducts “splash and go” sessions. This instructional exercise allows the pilot to experience a water landing and water take-off without coming to a full stop or assuming “vessel status”. • While taxing on the water, the aircraft is considered a vessel by federal and state regulations and follows the rules set forth for the safe operation of a boat or other water craft as promulgated by the U.S. Coast Guard, including minimizing wakes, obeying speed limits, and avoiding non-motorized locations and other watercraft. While on the water, ICON instructs its pilots and students to maintain a distance of at least 500 feet from other water craft. • Water operations and pilot instruction include taxing, safe techniques for existing ramp use, docking and beaching, correctly and safely understanding wind and surface conditions for take-off and familiarization with water navigation signage. • Under normal instructional flight operations, aircraft will avoid known sensitive environmental resources that have been identified by authorities, such as eagle nests and the Lake Berryessa Wildlife Area. Students are instructed to avoid flying over Berryessa-Snow Mountain National Monument, residential areas, concession facilities, and day use and developed areas including the southern, northeast and western shore areas that have been identified during ongoing consultations with USBR management personnel. • ICON will inspect its aircraft regularly to prevent the spread of invasive species and will cooperate with federal and local agencies to prevent the spread of invasive species. • Aircraft water take-offs, or departures, typically require a take-off distance of 750- 1,000 feet depending on atmospheric and surface conditions. Aircraft departures will reach an altitude of 2000 feet within about four to five minutes after take-off for their return to the Nut Tree Airport; in-bound and out-bound aircraft use slightly different flight paths and different altitudes. Pilots use the onboard aircraft radio operating at a common frequency to announce ingress and egress, flight activities and to communicate with other aircraft and parasail operators.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 4

• The estimated minimum and estimated maximum, flight numbers and durations for ICON pilot instruction, demonstration flights and engineering flights above and on Lake Berryessa are shown in Tables 2-1 and 2-2. • ICON proposes to conduct commercial flight operations seven days per week, but would curtail flights on holidays, holiday weekends or for other special events held at Lake Berryessa. • Typical flight paths from and to ICON’s base at the Nut Tree Airport to Lake Berryessa are shown on Figure 2-1. The flight patterns may vary slightly based on atmospheric conditions or when special events or other lake uses dictate changes. However, the flight paths represents the most direct route to and from the north end Lake Berryessa, where ICON typically conducts flight training activities away from other lake users and sensitive receptors. The total flight path length is a distance of approximately 27 miles one way. ICON will conduct all flight operations, including those on the water, in an efficient manner.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 5

Table 2-1: Estimated Minimum Flight Operations, 2018-2019

Estimated Minimum Flight Operations, 2018-2019 Annual Hours Training and On Or Above Demonstration Engineering Flights Minimum Lake Flights (Hours) Total Annual Hours Berryessa (Hours) Time on Lake Berryessa 64.8 60 124.8 Time at Less Than 2000 feet 576.6 150 726.7 Total Estimated Hours 641.4 210 851.4

Total Average Annual Flights Lowest Month Flights Flights Flights Average Flights/Month 54 75 21.7 96.7/month Average Flights/Day 2.6 4.5 1 5.5/day Estimated Annual 75 student and demo flights/month x 12 months = 900 flights/yr. Total 21.7 engineering flights/month x 12 moths = 260 flights/yr. 1160/year

Table 2-2: Estimated Maximum Flight Operations, 2018-2019

Estimated Maximum Flight Operations, 2018-2019 Annual Hours Training and On Or Above Demonstration Engineering Flights Maximum Lake Flights (Hours) Total Annual Hours Berryessa (Hours) Time on Lake Berryessa 86.4 115 201.4 Time at Less Than 2000 feet 769 150 919 Total Estimated Hours 855.4 265 1120.4

Annual Flights Total Average Flights Average Flights/Month 100 30 130/month Average Flights/Day 4.5 1.4 5.9/day

100 training and demo flights/month x 12 Estimated Annual months = 1200 flights/year 1560/year Total 30 engineering flights/month x 12 moths = 360 flights/year

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 6

SECTION 3 Affected Environment and Environmental Consequences

This section identifies the potentially affected environment and the environmental consequences involved with the Proposed Action and the No Action Alternative, in addition to environmental trends and conditions that currently exist.

This EA does not analyze resources for which it would be reasonable to assume that no impacts occur. Specifically, potential effects to: cultural resources, soils, wildlife, visual resources, public safety, transportation, hazards and hazardous materials, public services, utilities, ground water, land use, socioeconomic resources, are not analyzed because they were not identified as significant issues and it would not be reasonable to assume that an LUA for commercial aircraft operations on Lake Berryessa could result in impacts to these resources or services.

In addition to the resources stated above, Reclamation considered and determined that the Proposed Action would not impact the following:

• Indian Trust Assets (ITA): There are no known ITA or treaty rights exercised by tribes, nor are there any reservations or trust lands located within or adjacent to the Proposed Action area. The closest ITA is Auburn Rancheria approximately 11 miles northwest of the Proposed Action area. The Proposed Action does not have a potential to affect ITA.

• Indian Sacred Sites: No Indian sacred sites have been identified within or adjacent to the footprint of the Proposed Action.

The analysis of environmental consequences focuses on resources that could be affected and on issues that need to be resolved. Table 3-1 lists resource topics considered for analysis; bolded topics are described in detail in this chapter, and other topics are not analyzed further.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 7

Table 3-1: Summary of Resource Topics Considered in This EA

Analyzed in Resource Topic the EA Comments Agricultural Resources No ICON flight operations do not affect agricultural uses or use important farmland. Air Quality Yes Impacts to air quality are compared to those generated by similarly powered water craft. Impacts to biological resources associated with noise were evaluated. Based a noise study conducted for the proposed action; there are no impacts to terrestrial fauna. Based on a Biological Resources Yes comparison of other surface water vessels there are no impacts to aquatic or avian resources from ICON aircraft operating on the surface of the lake. Impacts associated with potential invasive species were evaluated and determined the aircraft is not a vector for transfer of Aquatic Invasive Species (AIS) owing to its sealed hull, air-cooled engine and restricted use to only Lake Berryessa. Cultural Resources No ICON flight operations do not contribute to ground-disturbing activities that may expose or damage cultural resources. ICON flight operations do not disproportionately affect any Environmental Justice No population and there are no adverse impacts on low-income or minority populations. Geology and Soils No ICON flight operations do not impact geologic or soil conditions and are not subject to geologic hazards. Greenhouse Gases Yes See Section 3.1. No Indian trust assets are known to exist at Lake Berryessa. Indian Trust Assets No The nearest Indian Trust Asset is Rumsey Rancheria approximately 15 miles north-northeast of Putah Canyon. Indian Sacred Sites No No Indian sacred sites are known to exist near Lake Berryessa. Land Use No ICON flight operations do not affect current land uses. Mineral Resources No Lake Berryessa does not contain important mineral resources. A noise study was conducted to determine the impacts of Noise Yes aircraft operations on sensitive receptors, including nesting raptors. Public Health & Safety No Aircraft operating on and above a public lake does not increase the need for public safety resources. Recreation Yes Aircraft operations on Lake Berryessa’s surface may compete with recreational users. ICON commercial flight operations do not impact local Socioeconomics No economic generators, or disadvantaged economic groups or vendors at the lake. Transportation & ICON flight operations do not increase traffic on highways or Circulation No local roads. Utilities No ICON flight operations do not increase the demand for water and wastewater services and other utility services. Visual Resources No ICON flight operations do not permanently modify the visual setting at Lake Berryessa. Water Resources Yes ICON flight operations do not discharge pollutants into the lake or its tributaries or modify drainage patterns.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 8

3.1 Air Quality

The U.S. Environmental Protection Agency (EPA) sets acceptable levels for seven air pollutants, and then determines – with the help of states and local air districts – where those standards are met and not met. The Proposed Action is located within the Bay Area Air Quality Management District (BAAQMD).

3.1.1 Affected Environment

Regional Setting

Air quality is defined by the concentration of pollutants in relation to their impact on human health. Concentrations of air pollutants are determined by the rate and location of pollutant emissions released by pollution sources, and by the atmosphere’s ability to transport and dilute such emissions. Natural factors that affect transport and dilution include terrain, wind, and sunlight. Therefore, ambient air quality conditions in a given region are influenced by such natural factors as topography, meteorology, and climate, in addition to the amount of air pollutant emissions released by existing air pollutant sources.

Napa County is in the San Francisco Bay Air Basin (SFBAB). Air quality in the SFBAB is influenced by variable weather conditions, particularly localized climate and wind patterns. Summers in the SFBAB are hot and dry in the inland areas, and winters are typically cool and wet. In summer, a northwest wind originates off the coastline and is drawn inland through the Golden Gate and over the lower portions of the San Francisco Peninsula, carrying pollutants from the San Francisco area. The mountains that surround Lake Berryessa are effective barriers to the prevailing northwesterly winds, but an up-valley wind that draws air from the San Pablo Bay frequently develops during warm summer afternoons. The wind patterns and topography contribute to the buildup of high concentrations of emitted pollutants in the Bay Area.

Regionally, ozone and fine particle pollution, or PM2.5 (usually caused by smoke), are the regional air pollutants of concern. Ozone is primarily an issue in the summer and PM2.5 in the winter. In Napa County, ozone rarely exceeds health standards, but PM2.5 occasionally reaches unhealthy concentrations.

Lake Berryessa

Lake Berryessa is a rural area with residential communities and recreational facilitates around the lake. The residential areas represent the primary group of sensitive receptors around the lake. Recreationists are also considered sensitive receptors, but they are transient and their exposure is limited.

Typical sources of emissions around the lake that are recreation facilities and include vehicle traffic, boating activities, barbeques, fire pits, and maintenance activities. The main source of emissions in the residential areas is typically vehicle traffic using Berryessa Knoxville Road.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 9

Criteria Air Pollutants

Concentrations of the following air pollutants are commonly measured and used as indicators of ambient air quality conditions: ozone (using as measurement surrogates oxides of nitrogen (NOX) and reactive organic gases (ROG)), carbon monoxide (CO), sulfur dioxide (SO2), respirable and fine particulate matter (PM10 and PM2.5) usually produced by smoke, and lead. Because these are prevalent air pollutants known to be deleterious to human health, they serve as a basis for establishing air quality standards and monitoring air quality, and are commonly referred to as “criteria air pollutants.” Criteria air pollutants typically not associated with activities at Lake Berryessa include sulfur dioxide (SO2) which is produced by such stationary sources as coal and oil combustion, steel mills, refineries, and pulp and paper mills; PM10 and PM2.5 occurs usually as smoke; lead is a metal found naturally in the environment and in manufactured products. The major sources of lead emissions have historically been mobile and industrial sources. As a result of the phase-out of leaded gasoline, metal processing is currently the primary source of lead emissions. Stationary sources are waste incinerators, utilities, and lead-acid battery manufacturers.

Criteria air pollutants in the Lake Berryessa basin that could be affected by the proposed action are described briefly in following paragraphs.

Ozone: Ozone is a photochemical oxidant and the primary component of smog. Ozone is not directly emitted into the air, but is formed through complex chemical reactions between precursor emissions of ROG and NOX in the presence of sunlight. ROG emissions result primarily from incomplete combustion, and from the evaporation of chemical solvents and fuels. NOX are a group of gaseous compounds of nitrogen and oxygen, namely nitric oxide (NO) and nitrogen dioxide (NO2) that results from the combustion of fuels such as hydrocarbons in the atmosphere.

Ozone located in the lower atmosphere is a major health and environmental concern. Meteorology and terrain play a major role in ozone formation. Low wind speeds or stagnant air coupled with warm temperatures and clear skies provide the optimum conditions for ozone formation. Therefore, summer is the peak ozone season. Ozone is a regional pollutant that often affects large areas. Ozone concentrations over or near urban and rural areas reflect an interplay of emissions of ozone precursors, transport, meteorology, and atmospheric chemistry.

Carbon Monoxide: Carbon monoxide (CO) is a colorless, odorless, and poisonous gas produced by incomplete burning of carbon in fuels, primarily from mobile (transportation) sources. Approximately 77 percent of the nation’s CO emissions are from mobile sources. The other 23 percent consist of CO emissions from wood-burning stoves, incinerators, and industrial sources. The highest concentrations are generally associated with cold, stagnant weather conditions that occur during winter. In contrast to ozone, which is a regional pollutant, CO causes problems on a local scale.

Federal General Conformity Rule

The U.S. Environmental Protection Agency (EPA) and the State of California have designated national and California Ambient Air Quality Standards, respectively, to protect public health and welfare. The California standards are more stringent than the

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 10

national standards. “Attainment” status for a pollutant means that the air quality for that pollutant within a given air quality management district (in this case the BAAQMD) meets the standard set by the EPA or by the state. The attainment status for each of the above- described criteria air pollutants under the national and the California standards are reported in Table 3-2, Attainment Status for Criteria Air Pollutants in Napa County.

Air quality is monitored at one location in Napa County, the Napa-Jefferson Avenue monitoring station, approximately 15 miles south of Lake Berryessa. This monitoring station records hourly measurements for ozone and PM2.5 (As of 2014 PM10 is no longer monitored at the station). Occasionally during hot summer afternoons, ozone concentrations approach and sometimes exceed the California standard. According to monitoring data for 2000–2013, Napa County had 8 days that exceeded the California 1- hour ozone standard, 20 days that exceeded the California 8-hour ozone standard, and 11 days that exceeded the national 8-hour ozone standard (California Air Resources Board 2015).

Table 3-2 Attainment Status for Criteria Air Pollutants in Napa County

Criteria Pollutant National Designation State Designation Ozone (NOX) Nonattainment Nonattainment Ozone (ROG) Nonattainment Nonattainment PM10 Unclassified Nonattainment PM2.5 Nonattainment Nonattainment CO Unclassified/Attainment Attainment NO2 Unclassified/Attainment Attainment SO2 Unclassified/Attainment Attainment Lead (Particulate) Unclassified/Attainment Attainment

Because of episodic buildups of these high concentrations of pollutants, as shown in Table 3-2, Napa County is designated as a nonattainment area for ozone and 24-hour PM2.5 under the national standards, and is designated as a nonattainment area for ozone and respirable particulate matter (PM10 and PM2.5) under the California standards.

The EPA implements national air quality programs. EPA’s air quality mandates derive primarily from the federal Clean Air Act (CAA), which was enacted in 1970 and most recently amended in 1990. In addition to requiring EPA to establish national ambient air quality standards, the CAA also requires each state to prepare a state implementation plan (SIP) that describes how that state will attain or maintain the primary and secondary NAAQS set forth in the CAA and Code of Federal Regulations.

The 1990 amendments to the CAA require EPA to promulgate rules to ensure that federal actions conform to the appropriate SIP. These rules are known as the General Conformity Rule and are codified at 40 C.F.R., Part 93. Any federal agency responsible for an action in a nonattainment/maintenance area must determine whether that action conforms to the applicable SIP or is exempt from the requirements of the General Conformity Rule.

Napa County is designated as a nonattainment area for ozone and 24-hour PM2.5 under the national standards and is designated as a nonattainment area for ozone and

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 11 respirable particulate matter (PM10 and PM2.5) under the California standards. Therefore the General Conformity Rule is applicable to the proposed action, and a conformity determination would be required for each criteria air pollutant or precursor where the total of direct and indirect emissions of the criteria pollutant or precursor caused by the federal action would equal or exceed any of the General Conformity de minimis emission levels, expressed in tons per year. For instance, the de minimis level for ozone and its precursors is presented in Table 3-3, Federal Conformity De Minimis Levels for Annual Production of Ozone or Precursors in Napa County.

Table 3-3, Federal Conformity De Minimis Levels for Annual Production of Ozone or Precursors in Napa County

Emission Level Pollutant (tons/year) Nonattainment Areas Ozone (VOC’s and NOx) • Serious NAA’s 50 • Severe NAA’s 25 • Extreme 10 • Other Ozone NAA’s outside an ozone transport 100 area • Other Ozone NAA’s inside an ozone transport area • VOC 50 • NOx 100

Neither the EPA nor the FAA regulates air emissions from light sport aircraft engines such as the one used on ICON A5 aircraft.

Greenhouse Gases

Greenhouse Gases (GHG) emissions generated during the Proposed Action would be temporary and would not exceed the 25,000 metric tons reporting threshold established by the Environmental Protection Agency. While any increase in GHG emissions would add to the global inventory of gases that would contribute to global climate change, the Proposed Action would result in potentially minimal-to-no increases in GHG emissions. A net increase in GHG emissions among the pool of GHGs would not be detectable. Therefore, the Proposed Action would not contribute to adverse cumulative impacts associated with global climate change.

In August 2015, the EPA issued Finding that Greenhouse Gas Emissions from Aircraft Cause or Contribute to Air Pollution that May Reasonably Be Anticipated to Endanger Public Health and Welfare. The EPA concluded that concentrations of six well mixed GHGs in the atmosphere endanger the public health and welfare of current and future generations (the endangerment finding), and that GHGs emitted from certain classes of aircraft engines are contributing to the air pollution. The finding identified those classes of aircraft engines to be subsonic jet aircraft and subsonic propeller driven aircraft. This contribution finding for engines used in the U.S. covered aircraft results in the vast majority (89 percent) of total U.S. aircraft GHG emissions being included in this determination.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 12

3.1.2 Environmental Consequences and Minimization Measures

3.1.2.1 No Action

Under the No Action Alternative, Reclamation would not issue authorization to ICON for the use of the air space or water surfaces of Lake Berryessa. There would be no impacts air quality.

3.1.2.2 Proposed Action

Although the ICON A5 aircraft is certified by the FAA, the FAA’s engine fuel venting and exhaust emissions certification requirements (14 C.F.R. Part 34) only apply to civil airplanes that are powered by gas turbine engines. Since the ICON engine is not a gas turbine engine, there are no specific FAA air exhaust requirements and therefore, no available specific air emissions data from the FAA.

In July 2012, the EPA established air emission standards for aircraft, Control of Air Pollution From Aircraft and Aircraft Engines; Emission Standards and Test Procedures (40 C.F.R. Parts 87 and 1068). The EPA standards are applied to “aircraft engines with rated thrusts greater than 26.7 kN [kilonewtons] thrust. These are mostly commercial passenger and freighter aircraft in common use at airports across the U.S.” Aircraft with “thrusts greater than 26.7 kN” are powered by jet or turbine engines; the ICON aircraft engine is too small to meet the EPA standard.

Additionally, the FAA’s and the EPA’s air emission standards are applied to aircraft in flight, or during a flight maneuver such as a take-off or landing. For the proposed action, the most appropriate ICON aircraft air emission comparison is as a vessel compared with marine engines used on recreational water craft. To evaluate potential air quality impacts, a qualitative comparison between the ICON aircraft engine and similar marine engines is presented below.

The ICON A5 aircraft is powered by a 4-cylinder, 4-stroke, reciprocating, fuel-injected Rotax 912 iS engine with a displacement of 1,352 cc (82 cubic inches). The engine can use either conventional unleaded 91-octane automobile fuel or 100-octane aviation fuel. This small engine (100 hp at 5,800 rpm), designed specifically for light sport aircraft, has a 20-gallon fuel tank capacity and uses about 6.9 gallons per hour during takeoffs and about 4.5 gallons per hour during routine flight operations. It is estimated that while operating as a vessel, ICON aircraft will use a maximum of 3-gallons per hour.

As shown in Table 2-2, ICON aircraft maximum projected operations as a vessel is 201.4 hours annually on Lake Berryessa. Assuming an average fuel consumption rate of 3.0 gallons per hour, maximum ICON flight operations (1,560 annual operations) will consume about 604 gallons of fuel annually; or about 0.38 gallons per operation while acting as a vessel.

According to marine water craft industry data, the average fuel consumption of four of the most popular 4-stroke water craft engines of similar displacement and horsepower to the ICON engine is about 8.25 gallons per hour2 or about 1.07 gallons for the same 8- minute duration as an individual ICON vessel operation. Therefore, the ICON aircraft

2 www.boat-fuel-economy.com Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 13

uses about 64 percent less fuel per hour when compared to only one equivalently powered recreational water craft; and, therefore, produces fewer air emissions. Furthermore, Reclamation determined that Lake Berryessa has a maximum daily water craft carrying capacity of 3,000 water craft, although the maximum number of water craft is rarely met. ICON flight operations consume fuel at a rate of about 36 per cent of a single equivalent recreational water craft. Compared to ICON aircraft/vessel operating time on the lake of about eight minutes, the daily and annual emissions contributions from ICON aircraft is insignificant compared to air emissions of one or multiple recreational water craft operating on Lake Berryessa.

Additionally, under the Proposed Action Alternative, there would be no long-term impacts to local air quality since no new, permanent sources of air pollution are created.

3.1.2.3 Minimization Measures

Reclamation would require ICON to comply with applicable laws and policies relating to protection of air quality. The following minimization measures would be implemented to address potential impacts associated with air quality.

Minimization Measure AQ-1: Cessation of Flight Operations during Peak Recreation Periods ICON would not schedule flight operations during peak summer recreation periods. This will generally include holiday weekends (Memorial Day, 4th of July, Labor Day) and any days identified in advance by Reclamation that are known to attract large numbers of visitors and water craft. This minimization measure will reduce total air emissions during peak visitor water craft usage.

Minimization Measure AQ-2: Time on Lake Berryessa shall be kept to a Minimum ICON aircraft, while acting as a vessel, will conduct its vessel operations efficiently, safely and in a minimum amount time. Average time on Lake Berryessa, not including water landings and take-offs, will be approximately 8 minutes. This limited time on the lake reduces air emissions when ICON operates as a vessel.

3.2 Biological Resources

3.2.1 Affected Environment

Lake Berryessa

Terrestrial habitat communities around Lake Berryessa include blue oak, foothill pine, interior live oak, chamise, emergent wetland, upland grasslands and urban. Seasonal wetlands and swales and ephemeral and intermittent drainages occur in the upland habitats, and they support wetland and riparian vegetation and associated wildlife species. Descriptions of the plant and wildlife species commonly found in these habitats are based on vegetation classifications from A Manual of California Vegetation (Sawyer and Keeler-Wolf 1995), habitat classifications provided in the California Wildlife Habitat Relationship system (Mayer and Laudenslayer 1988).

Common mammal species in terrestrial habitat communities include coyote (Canis latrans), mountain lion (Felis concolor), black-tailed jackrabbit (Lepus californicus), striped skunk (Mephitis mephitis), California vole (Microtus californicus), long-tailed weasel (Mustela frenata), mule deer (Odocoileus hemionus), deer mouse (Peromyscus sp.), raccoon (Procyon lotor), western gray squirrel (Sciurus griseus), eastern fox

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 14

squirrel (Sciurus niger), black bear (Ursus americana) and gray fox (Urocyon cinereoargenteus). A variety of bats also occur in these habitats including big brown bat (Eptesicus fuscus), western mastiff bat (Eumops perotis), western long-eared bat (Myotis evotis), long-legged bat (Myotis volans), Yuma bat (Myotis yumanensis), western pipistrelle (Pipistrellus hesperus), Brazilian free-tailed bat (Tadarida brasiliensis).

Emergent wetlands are among the most productive wildlife habitats. They provide abundant breeding, foraging, and roosting habitat for a diverse array of animals. Emergent plants and quiet water within the wetlands provide safe harbors for breeding amphibians such as California toad (Anaxyrus boreas), bullfrog (Rana catesbiana), and Pacific chorus frog (Psuedacris regilla). The western pond turtle (Actinemys marmorata) and western aquatic garter snake (Thamnophis couchii) also require wetlands to forage and breed. Many bird and mammal species use or require emergent wetlands for foraging and nesting. Birds using this wetland type include great blue heron (Ardea herodias), green heron (Butorides virescens), black-crowned night heron (Nycticorax nycticorax), common yellowthroat (Geothlypis trichas), song sparrow, common snipe (Gallinago gallinago), mallard (Anas platyrhynchos), northern pintail (Anas acuta), red- winged blackbird (Agelaius phoeniceus), and American bittern (Botaurus lentiginosus).

Lake Berryessa provides lacustrine (lake) habitat which is typically considered the area beyond where the shoreline zone transitions into the deep water zone. Open water occurs at depths that preclude the establishment of emergent vegetation. Some emergent vegetation persists along the shorelines of Lake Berryessa, primarily consisting of non-native Eurasian watermilfoil (Myriophyllum spicatum). More diverse or extensive aquatic plant communities are not likely to develop along the shallow shores of the lake as a result of annually fluctuating water levels. The maximum elevation of the lake at full pool, based on the dam and spillway elevations, is 440 feet above msl.

Typical wildlife that can be found on Lake Berryessa includes waterfowl and shorebirds, such as wood duck (Aix sponsa), northern pintail, American wigeon (Anas americana), green-winged teal (Anas crecca), Eurasian wigeon (Anas penelope), mallard, great egret (Ardea alba), great blue heron, Canada goose (Branta canadensis), American coot (Fulica americana), common moorhen (Gallinula chloropus), and hooded merganser (Lophodytes cucullatus). Other bird species that use upland habitats, but may forage at the lake, include belted kingfisher (Ceryle alcyon), bald eagle (Haliaeetus leucocephalus), golden eagle (Aquila chrysaetos), gulls (Larus spp.), osprey (Pandion haliaetus), double-crested cormorant (Phalacrocorax auritus), and swallows (Hirundo sp. and Tachycineta sp.).

Lake Berryessa supports warm water and cold water fish species. The warm water fish are found in the shallower and warmer upper level and littoral zones, and the cold water fish use the deeper, cooler, and well-oxygenated lower level. The Lake Berryessa warm water fishery is self-sustained, meaning that it does not require supplementation (i.e., stocking). Although some natural recruitment may occur, the cold water fishery is predominantly supported by annual or periodic supplementation. The California Department of Fish and Wildlife (CDFW) stocks the lake with rainbow trout (Oncorhynchus mykiss), Chinook salmon (O. tshawytscha), kokanee salmon (O. nerka), and brown trout (Salmo trutta) (Reclamation 1992).

Native fish species present in the lake include Sacramento sucker (Catostomus occidentalis), California roach (Hesperoleucus symmetricus), hitch (Lavinia exilicauda), hardhead (Mylopharadon conocephalus), Sacramento blackfish (Orthodon microlepidotus), and Sacramento pikeminnow (Ptychocheilus grandis). Warm water Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 15

fishes include white catfish (Amereiurus catus), bullhead (Amereiurus spp.), common carp (Cyprinus carpio), channel catfish (Ictalurus punctatus), sunfish (Lepomis spp.), bass (Micropterus spp.), and crappie (Promixis spp.), all of which are non-native fish species. The cold water fish species include rainbow trout, kokanee salmon, Chinook salmon, brown trout, and brook trout (Salvelinus fontinalis). The Monticello Dam forms a fish barrier to Lake Berryessa, which prevents natural populations of special-status fish species from entering the lake from downstream rivers and streams.

Habitat communities around Lake Berryessa provide nesting and foraging habitat for a variety of migratory birds and raptors, which are protected under the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code. Ospreys, protected under the MBTA, are known to use telephone and power poles for nesting around Lake Berryessa. Bald and golden eagles, also protected under the MBTA and under the Bald and Golden Eagle Protection Act, are known and assumed, respectively, to breed and forage along the northern shores of Lake Berryessa.

The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 CFR Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 CFR 21). This prohibition includes direct and indirect acts, although harassment and habitat modifications are not included unless they result in direct loss of birds, nests, or eggs.

The Bald and Golden Eagle Protection Act (16 USC 668-668c) makes it unlawful to take, possess, sell, purchase, barter, offer to sell or purchase or barter, transport, export, or import a bald or golden eagle, alive or dead, or any part, nest, or egg of these eagles unless authorized by the Secretary of the Interior. Violators are subject to fines and/or imprisonment for up to one year. Active eagle nest sites are also protected from disturbance during the breeding season.

Special Status Species

The ecological settings around Lake Berryessa provide habitat for species protected under the federal ESA and California Fish and Game Code. However, special-status fish, or special-status vernal pool plant and wildlife species, are not expected to occur in or around Lake Berryessa because habitats to support these species are absent or because barriers (i.e., Monticello Dam) to their movement prevent the species from entering the lake.

Invasive Species

As part of the federally managed Solano Project, Lake Berryessa is monitored for a group of three invasive freshwater Eurasian Mussels. On the behalf of Reclamation, Solano County Water Agency and the Solano Irrigation District manage and implement the Lake Berryessa Early Detection and Education Plan for Eurasian Mussels.

Zebra (Dreissena polymorpha) and Quagga (Dreissena rostiformis bugensis) mussels are small freshwater biofouling mussels native to the Black, Caspian, and Aral seas. It is believed that both mussel species arrived in the United States via ballast water discharged from transoceanic ships. They were discovered in Lake St. Clair, Michigan in the 1986. By September 1991, mussels had spread into the Great Lakes, the St. Lawrence River, and the Lower Ohio, Tennessee and Cumberland rivers.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 16

Golden mussels (Limnoperna fortunei) were introduced into Argentina from Asia in 1991 probably in ship ballast and as a contaminant in shipments of Asian clams (Ricciardi - 1998). They have since spread into four other South American countries. Although Golden mussels share physical characteristics with the Dreissena mussels, they potentially exhibit a wider tolerance of ecological parameters. There is concern that Golden mussels could be introduced into the West Coast via ship ballast from Asia or South America or in aquarium collections. Golden, zebra, and quagga mussels are collectively called Eurasian mussels.

Eurasian mussels reduce the amount of nutrients, particulate matter, and plankton in the water column by filtering large volumes of water. High densities of mussels can severely alter the ecosystem by decreasing the food source necessary for native wildlife and increasing water clarity. The increased clarity allows for greater light penetration resulting in increased algal and aquatic macrophyte growth. Quagga, zebra, and golden mussels are able to accumulate organic toxins in their tissues at more than 3,000 times the concentration in the environment. While the mussel species do not directly impact drinking water standards, they are known to affect water quality by contributing to and/or causing blue-green (Cyanophyta) algae blooms. Wildlife that feed on mussels can increase the exposure of wildlife to pollutants.

Although not currently present in Lake Berryessa, the federal government and the State of California recognize the potential environmental consequences of an Eurasian Mussel infestation. Under federal law, the Secretary of the Interior designated Dreissenid mussels as ‘injurious wildlife” and therefore the importation and interstate transport of zebra and quagga mussels are prohibited by the federal Lacy Act (18 U.S.C 42).

In October 2007, the State of California passed a bill aimed at controlling the spread of quagga mussels within the state of California and authorized California Department of Fish & Wildlife to inspect and quarantine infested boats, close recreational facilities, and restrict access to lakes. The law authorizes public and private water agencies to maintain control of inspections, site restrictions and other control efforts by completing a control and eradication plan. These requirements have been incorporated into California Fish and Game Code beginning with Section 2300 - 2302.

Reclamation publishes invasive mussel inspection protocols for all vessels using Lake Berryessa and Solano County Water Agency conducts vessel inspection for all boats launching in Lake Berryessa. The purpose of the inspections is to identify potential mussels which are transported on the hulls or in the ballasts of boats.

3.2.2 Environmental Consequences and Minimization Measures

3.2.2.1 No Action Alternative

Under the No Action Alternative, Reclamation would not issue authorization to ICON for the use of the air space or water surfaces of Lake Berryessa. There would be no impacts to wildlife.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 17

3.2.2.2 Proposed Action

ICON flight operations will fly over or near designated wildlife management areas during arrivals and departures from Lake Berryessa. The wildlife management areas include Putah Creek Wildlife Area, Stebbins Canyon Reserve immediately downstream of Monticello Dam; Lake Berryessa Wildlife Area located on the lake’s eastern shore.

Putah Creek Wildlife Area (California Department of Fish and Wildlife) and Stebbins Canyon Reserve (University of California, Davis) are located east of Monticello Dam and south of Putah Creek as shown on Figure 3-1. Although not within Reclamation’s administrative jurisdiction, the ICON flights to Lake Berryessa over fly the wildlife areas. ICON aircraft will over fly these areas at altitudes of between 2,500 feet and 2,000 feet (above the ground) while arriving and departing from the lake on their flight paths from the Nut Tree Airport to the northern end of the lake.

The most likely potential impacts to wildlife would result from aircraft noise. A noise study (Section 3.3) was conducted to determine potential increases to ambient noise conditions from ICON aircraft over flights, the results indicate no increase in noise levels, and therefore, there are no noise impacts to wildlife at either of the wildlife management areas.

Lake Berryessa Wildlife Area is located on the lake’s eastern shore between the lake level and the east shore fire access road (Figure 3-1) within Reclamation’s administrative jurisdiction. Lake Berryessa Wildlife Area is undeveloped and lies between the lake on the west and cattle ranches on the east. A variety of raptors and water fowl may be viewed along the shoreline including Golden and Bald Eagles, White Pelicans, Western Grebes, Cormorants and several duck species. Access to the wildlife area is either via the fire access road or by water craft.

As with other wildlife areas, the most likely wildlife impacts are associated with noise from ICON aircraft. The Lake Berryessa Wildlife Area is east of ICON flight patterns. ICON aircraft will likely be at altitudes ranging from 1,500 feet to 500 feet above the wildlife area as aircraft approach or depart the lake. A noise study (Section 3.3) was conducted to determine potential increases to ambient noise conditions from ICON aircraft over flights; results indicate no increase in noise levels, and therefore, there are no noise impacts to wildlife. Additionally, while operating as a vessel, the ICON aircraft will maintain a distance of at least 1,000 from the eastern shore.

ICON aircraft approaching the lake for landings will make low level passes over the lake, usually 300 feet or less above the water surface, to determine water landing conditions. The ICON pilots survey the landing area for water fowl and for flocking birds and raptors that may be transiting across the lake. If water fowl occupy the preferred landing area, ICON will avoid the water fowl and locate an unobstructed portion of the lake to use as a landing area.

While operating as a vessel, ICON aircraft will avoid water fowl and will remain at least 1,000 feet from shorelines which serve as habitat for birds and terrestrial wildlife. ICON aircraft will not use unimproved beaches on the eastern shore and will avoid sensitive habitant near known raptor nesting sites.

To avoid the spread of invasive species, all ICON flight operations begin and end at the Nut Tree Airport in Solano County. At the Nut Tree Airport, ICON aircraft depart and land on a paved runway and taxi to their off-airport facility via a paved taxiway. Lake Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 18

Berryessa is the only water surface on which the ICON aircraft land. At the airport, aircraft are inspected daily for evidence of freshwater algae, concretions or invasive species. The sealed hull of the seaplane also includes the nose wheel box and sea-wing stabilizer compartments when the aircraft is using its retractable landing gear, and is washed with high-pressure high-temperature hose nozzles to clean the hull landing gear compartments, thus assuring that no invasive species are transported between the Nut Tree Airport and Lake Berryessa.

3.2.2.3 Minimization Measures

Reclamation will require ICON to comply with applicable laws and policies relating to protection of biological resources and the spread on invasive species. The following minimization measures would be implemented to address potential impacts associated with biological resources and invasive species.

Minimization Measure Bio-1: Maintaining Vertical and Horizontal Separation from Known Sensitive Wildlife Receptors and Wildlife Management Areas ICON would observe visual flight rules over open water and sparsely populated areas as defined in 14 C.F.R. 19.119 (c).

Minimization Measure Bio-2: Maintain a Horizontal Distance of at least 1,000 feet from Lake Berryessa Wildlife Area and Known Raptor Nests While operating as a vessel, ICON aircraft will maintain a horizontal distance of at least 1,000 feet from the Lake Berryessa Wildlife Area and will not use any unimproved beach area on the eastern shore of Lake Berryessa. While in flight, or while acting as a vessel, ICON aircraft will maintain a horizontal distance of at least 1,000 feet from all known raptor nesting sites.

Minimization Measure Bio-3: Regularly Inspect for Invasive Species on the Seaplane Hull and Submit to Invasive Species Inspections as Required ICON would regularly inspect for invasive species and other aquatic life on the hulls of its seaplanes which land on the waters of Lake Berryessa. ICON will report any invasive species or aquatic life on the seaplane hull to Reclamation and to the Solano County Water Agency for inspection so that the agencies can verify the aquatic life has been properly cleansed from the seaplane’s hull. Periodically, Reclamation and the Solano County Water Agency may request that the ICON seaplanes submit to visual inspections while operating on Lake Berryessa.

3.3 Noise

Noise is often described as unwanted sound. Sound is defined as any pressure variation in air that the human ear can detect. If air pressure variations occur at least 20 times per second, they can be heard and are called sound. The number of pressure variations per second is called the frequency of sound, and is expressed as cycles per second, called Hertz (Hz).

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 19

Community noise is commonly described in terms of the ambient noise level, which is defined as the all-encompassing noise level associated with a given environment. A common statistical tool to measure the ambient noise level is the average, or equivalent, sound level (Leq), which corresponds to a steady-state A-weighted sound level containing the same total energy as a time-varying signal over a given time period (usually 1 hour). The Leq is the foundation of the composite noise descriptor, Ldn (the day/night average level), and shows very good correlation with community response to noise.

The Ldn is based upon the average noise level over a 24-hour day, with a +10 decibel weighing applied to noise occurring during nighttime (10:00 p.m. to 7:00 a.m.) hours. The nighttime penalty is based upon the assumption that people react to nighttime noise exposures as though they were twice as loud as daytime exposures. Because Ldn represents a 24-hour average, it tends to disguise short-term variations in the noise environment.

3.3.1 Affected Environment

Lake Berryessa is in a relatively remote rural setting with relatively low existing noise levels. Higher-use recreational areas along the western shore generate the most noise, particularly during peak visitation periods in the summer (May through September) and on holiday weekends. The most intense noise occurred at the RAs on the western and southern shores during summer daylight hours (9:00 a.m. to 4:00 p.m.) due to the concentrated operation of motorized watercraft (i.e., motorboats and personal watercraft) in and around the marinas (Reclamation 2005). Other sources of noise in the area include traffic noise from vehicles along Berryessa Knoxville Road, SR 128, and local roads and typical noise associated with small residential communities.

Community noise is commonly described in terms of the ambient noise level, which is defined as the all-encompassing noise level associated with a given environment. A common statistical tool to measure the ambient noise level is the average, or equivalent, sound level (Leq), which corresponds to a steady-state A-weighted sound level containing the same total energy as a time-varying signal over a given time period (usually 1 hour). The Leq is the foundation of the composite noise descriptor, Ldn (the day/night average level), and shows very good correlation with community response to noise.

The Ldn is based upon the average noise level over a 24-hour day, with a +10 decibel weighing applied to noise occurring during nighttime (10:00 p.m. to 7:00 a.m.) hours. The nighttime penalty is based upon the assumption that people react to nighttime noise exposures as though they were twice as loud as daytime exposures. Because Ldn represents a 24-hour average, it tends to disguise short-term variations in the noise environment.

Sensitive receptors at Lake Berryessa include recreationists around the lake and residents in nearby residential areas. The sensitivity of recreationists to high noise levels varies based on their activities, with overnight users and nature or wildlife observers being more sensitive to noise than other recreationists. Residents are present year round and are most sensitive to high noise levels during the evening and nighttime hours. Because the peak recreation season occurs in the summer, the highest noise levels occur in summer, and the greatest numbers of sensitive receptors are present in summer.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 20

Reclamation has identified seven Golden eagle or other raptor nests around the lake as shown in Figure 3-2. Additionally, Putah Creek Wildlife Area (State of California) and Stebbin Cold Canyon Reserve (University of California, Davis) are located along Putah Creek immediately down stream of Monticello Dam (Figure 3-1). In July 2015, 330,780- acres of land managed by the US Forest Service and Bureau of Land Management were combined to establish the Berryessa Snow Mountain National Monument. A portion of the monument is located west of Lake Berryessa and another isolated part of the monument is located near Putah Creek downstream Monticello Dam.

3.3.2 Environmental Consequences and Minimization Measures

3.3.2.1 No Action Alternative

Under the No Action Alternative, Reclamation would not issue authorization to ICON for the use of the air space or water surfaces of Lake Berryessa. There would be no noise impacts.

3.3.2.2 Proposed Action

A noise study (Environmental Noise Assessment, ICON Aircraft Lake Berryessa, 2018, Bollard Acoustical Consultants, Inc.) attached to this EA as Appendix A, was prepared to evaluate the effects of aircraft noise on sensitive receptors. The study established existing lakeside noise levels and then, over a five day period in October 2018 monitored noise levels at six lakeside locations (Figure 3-2) generated by ICON aircraft flying standard flight paths that will be used in normal flight operations conditions.

The results of the study are summarized in Table 3-4.

Table 3--4 Predicted ICON Aircraft Noise Levels at Sensitive Receptors And Evaluation of Project Noise Impacts (Source: Bollard Acoustical Consultants, Inc. with telemetry data provided by ICON Aircraft)

Site Distance Ambient ICON Lmax Increase Ambient ICON Ldn due Increase Noise (feet)1 Lmax, Lmax due to in Lmax Ldn dBA4 Ldn, to ICON in Ldn? Impact dBA2 dBA ICON Levels?3 dBA5 Aircraft ? Aircraft 1 2,203 81-101 57 0 No 62 37 0 No No 2 9,023 68-75 50 0 No 47 28 0 No No 3 2,132 69-79 58 0 No 47 37 0 No No 4 9,625 69-79 48 0 No 46 27 0 No No 5 1,998 65-72 58 0 No 41 37 0 No No 6 1,349 65-72 64 0 No 42 40 0 No No

1. Closest distance between noise measurement site and aircraft flight path. 2. Ambient maximum noise levels (Lmax) were based on the highest individual daytime maximum noise levels. 3. Because the baseline ambient conditions at Sites 2-6 were all below 60 dB Ldn, the threshold for a finding of a substantial noise increase would be 5 dB for those sites. Because baseline ambient conditions at Site 1 were between 60 and 65 dB Ldn, the threshold for a finding of a substantial noise increase would be 3 dB for Site 1. 4. The ambient Ldn is the average Ldn reported for each site.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 21

5. The ICON aircraft Ldn is based on a reference Ldn of 42 dB Ldn at a distance of 1,000 feet from the closest point of aircraft approach and a 4.5 dB decrease in sound levels for each doubling of distance from the 1,000 foot reference distance.

The results of the noise study indicate that there are no noise increases at any of the sensitive receptors. Therefore, there is no noise impact associated with proposed ICON flight operations above Lake Berryessa.

3.3.2.3 Minimization Measures

Reclamation will require ICON to comply with applicable laws and policies relating to noise. The following minimization measures would be implemented to address potential impacts associated with noise on sensitive receptors.

Minimization Measure Noise-1: Maintain Separation from Known Raptor Nesting Sites While in flight, ICON aircraft will avoid known raptor nests by maintaining separation of least 1,000 feet (horizontal).

Minimization Measure Noise-2: Avoid Sensitive Receptors ICON flights will avoid overflights of residential communities and other sensitive receptors.

Minimization Measure Noise-3: Avoid Recreational Visitors ICON will conduct its flight operations in the eastern portion of the lake and away from most recreational facilities located on the lake’s west shore. ICON will maintain a distance of at least 1,000 feet from the eastern shore while operating as a vessel.

Minimization Measure Noise-4: 2,000 feet Vertical Separation ICON flights will maintain a vertical distance of 2,000 feet above designated wildlife areas and reserves.

Minimization Measure Noise-5: Avoid Berryessa-Snow Mountain National Monument ICON would avoid overfly of the Berryessa Snow Mountain National Monument.

Minimization Measure Noise-6: Avoid High Visitor Periods During high visitor periods, generally summer holiday weekends, or at Reclamation’s request ICON will curtail all flights to avoid impacting recreational visitors.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 22

3.4 Recreation

3.4.1 Affected Environment

Lake Berryessa is the largest reservoir in the eastern foothills of the northern Coast Ranges, and with the exception of the Sacramento-San Joaquin Delta, it is the largest public freshwater recreational resource in close proximity to San Francisco Bay Area residents. The lake offers a variety of recreational activities at designated recreational areas (RAs) and on surrounding public lands. Lake visitors enjoy many types of water- related activities, including various kinds of boating, fishing, skiing, swimming, and sightseeing. Some land-based recreational activities, such as picnicking, camping, walking, hiking, riding, all-terrain vehicle use, and cycling, also occur on public lands surrounding the lake, but these activities are secondary to the water activities in terms of visitor participation.

Seven lakeside RAs operated for more than 50 years, providing various recreational opportunities and facilities. Since 2008, Reclamation has reconfigured the lakeside RAs to reduce some RAs which supported permanent residences. All of the RAs are located on the lake’s western shore. Currently, in addition to the seven RAs, Reclamation manages three free, public, day use areas, a free public boat launch a visitor center, and three official trails that are segments of a proposed regional Lake Berryessa Trail. Several smaller trails exist around the lake and will eventually be integrated with the Lake Berryessa Trail.

Visitation to Lake Berryessa during the 1990s and early 2000s was reported at more than 1 million visitors annually, with an annual average of 1.5 million visitors. Visitor use has been higher in the summer with an estimated 75 percent of total visitation between Memorial Day and Labor Day weekends (Reclamation 2005).

Since 2005, visitation at the RAs has fluctuated due to the closure of some of the RAs in 2009 and 2010. The average annual visitation during 2011– 2013 was 487,493, which is a 68 percent decrease from visitation averages for the period before 2008 - 2009. Between 2015 and the projected visitor numbers in 2018, average annual visitation is 463,250. Annual visitation numbers fluctuate based on the availability of the RAs, lake levels and air quality degradation caused by regional wildland fire smoke.

Reclamation estimates that visitation to Lake Berryessa will increase as populations of nearby cities and metropolitan areas grow and the demand for outdoor recreational opportunities—particularly on or near lakes and reservoirs—grows. Visitor use at Lake Berryessa is dependent on the availability of facilities to meet visitor demand, the carrying capacity of the lake and those facilities, visitor experience, and other factors that influence people’s decision to visit the lake.

The VSP and RAMP EISs evaluated the carrying capacity of the lake and facilities in place prior to Reclamation’s reconfiguration of the RAs the demand for lakeside facilities (Reclamation 1992, 2005). Short-term use facilities have been at capacity during the summer season, demonstrating a need for additional facilities.

The limit for the number of vessels on the lake was established in the RAMP ROD at 3,000 per day. This limit has been exceeded during peak use weekends; the number of vessels on the water on most days is below the limit. Visitor use has been concentrated

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 23 in areas with short-term facilities and areas that are more desirable for visitors primarily on the western shore. Use concentration in popular areas has resulted in congestion, use conflicts, and occasional serious accidents, and it demonstrates a need for more dispersed facilities. With the substantial decrease in visitation since 2007 and closure of some of the RAs, user conflicts have decreased, but visitor use has become more concentrated.

3.4.2 Environmental Consequences and Minimization Measures

3.4.2.1 No-Action Alternative

Under the No Action Alternative, Reclamation would not issue authorization to ICON for the use of the air space or water surfaces of Lake Berryessa. There would be no impacts to recreational activities.

3.4.2.2 Proposed Action

ICON flight operations will share Lake Berryessa with recreational boaters and personal water craft. ICON proposes to use the northern end of the lake (Figure 3-1) where it is 3- miles mile. This operating location is generally the farthest point from popular recreation locations on the lake’s western shore, and where swimmers may be using near shore waters. Most recreational users will not be familiar with seaplane operations on the lake; therefore, ICON stresses pilot training when shifting from aircraft to vessel operations.

Given that on busy weekends, there could be thousands of recreational boats, water skiers and personal water craft on the lake, ICON pilot training when the aircraft acts a vessel is critical to safely integrating with recreational users.

ICON’s FAA certified instructor pilots train student pilots and demonstrates the aircraft’s operating capabilities on Lake Berryessa. Seaplane pilots must have a thorough understanding of the right-of-way rules as they apply to aircraft versus other vessels. Seaplane pilots are expected to know and adhere to both the United States Coast Guard's (USCG) Navigation Rules, International-Inland, and 14 CFR Section 91.115, Right-of-Way Rules; Water Operations. The navigation “rules of the road” are a set of collision avoidance rules as they apply to aircraft on the water. A seaplane is considered a vessel when on the water for the purposes of these collision avoidance rules. In general, a seaplane on the water shall keep well clear of all vessels and avoid impeding their navigation. The C.F.R. requires, in part that aircraft operating on the water “shall, insofar as possible, keep clear of all vessels and avoid impeding their navigation, and shall give way to any vessel or other aircraft that is given the right-of-way." This means that a seaplane should avoid boats and personal water craft when on the water. If on a collision course, the seaplane will slow, stop, or maneuver to the right, away from the bow of the oncoming vessel. Also, while on the surface with an engine running, an aircraft must give way to all non-powered vessels. Since a seaplane in the water may not be as maneuverable as one in the air, the aircraft on the water has right-of-way over one in the air, and one taking off has right-of-way over one landing. A seaplane is exempt from the USCG safety equipment requirements, including the requirements for personal flotation devices.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 24

Conflicts with Other Users

In addition to surface recreational water craft, ICON shares the lake and the air space above the lake with parasailers who are attached to a boat with a wire cable tether. Parasailing is a recreational activity where a person is towed behind a boat on a wire cable tether while attached to a specially designed parachute, known as a parasail. Parasailers are capable of staying aloft for hours and can climb to altitudes of several thousand feet. At Lake Berryessa, some parasailers separate from the cable and boat at a pre-determined altitude and sail through the airspace using their wing device.

Because of its color and small diameter, the cable tether to which a paraglider is attached is very difficult to see from an aircraft. The cables are not marked with colorful indicators and tend to blend into a flat color environment, rendering the cable tethers virtually invisible from aircrafts. Since parasailers are capable of reaching heights of several thousand feet while attached to the tether, these wire tethers can conflict with ICON aircraft operating at altitudes below 5,000 feet above Lake Berryessa.

Reclamation is attempting to regulate parasailing operations on Lake Berryessa which offers training or instructor guided flights as a business. ICON has recommended that parasailing tow boats be equipped with radios tuned to specific aircraft frequencies thus allowing communication between the aircraft and the tow boat. However, currently there is no agreement among users.

3.4.2.3 Minimization Measures

Reclamation will require ICON to comply with applicable laws and policies relating to recreational resources. The following minimization measures would be implemented to address potential impacts associated with recreation resources.

Minimization Measure Rec-1: Curtail Aircraft Operations during Peak Recreation Periods To reduce the opportunity for conflict with recreational water craft, ICON will not conduct flight operations during peak holiday periods or on dates identified in advance by Reclamation.

Minimization Measure Rec-2: Vessel Operation will be Concentrated in the Northern Portion of the Lake ICON will attempt to confine operations as a vessel to the northern portion of Lake Berryessa to avoid conflicts with recreational users on the lake’s western shore.

Minimization Measure Rec-3: Reclamation and ICON will attempt to Resolve Conflicts with Parasailers Reclamation and ICON would work jointly with commercial parasailing operators to establish safe operating protocols above Lake Berryessa.

3.5 Water Resources

3.5.1 Affected Environment

Lake Berryessa is the main feature of the Solano Project which includes the Putah Diversion Dam; Putah South Canal with a small terminal reservoir; and the necessary waterways, laterals, and drainage works. The Solano Project provides a variety of benefits including water supply for irrigation, municipal, and industrial uses, recreation and flood control.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 25

Lake Berryessa collects surface flow from the Upper Putah Creek watershed, a 568- square-mile drainage basin above Monticello Dam (Reclamation 2005). Four principal tributaries flow into Lake Berryessa: Capell Creek, Pope Creek, Eticuera Creek, and Putah Creek. Putah Creek is the primary tributary to Lake Berryessa, and it enters the lake just north of Putah Canyon RA. Other smaller tributaries include Butts Creek, Smittle Creek, Adams Creek, Maxwell Creek, and numerous other small, unnamed, intermittent, and ephemeral drainages.

The lake’s storage capacity is 1.6 million acre-feet at a water surface elevation of 440 feet above mean sea level (msl), which is the elevation of the bell-shaped spillway (“glory hole”) near the dam (Reclamation 2005). Lake levels can fluctuate substantially, depending on hydrological and meteorological conditions, water demands, flood control, hydropower needs, and operation of Monticello Dam. Lake levels may fluctuate from a maximum elevation (high water level) of 455 feet to a minimum elevation of 253 feet.

Precipitation is the primary source of water in the Upper Putah Creek watershed. Almost all precipitation falls in the form of rain, usually between November and April, and the average annual rainfall is 22.6 inches. The average annual inflow to the reservoir is 369,000 acre-feet (Reclamation 2005). Monticello Dam is operated to store high winter flows and release them later in the summer months for water deliveries and hydroelectric power generation. Some water is released between January and February for flood control. The annual firm yield of the lake is 201,000 acre-feet. A release of 22,000 acre- feet is required annually to meet downstream water rights along Putah Creek.

The State Water Board reserved 33,000 acre-feet of water in the Putah Creek watershed for future development upstream of Monticello Dam. Reclamation received a permit for 7,500 acre-feet of this amount to provide for municipal, domestic, and stock watering uses around the reservoir. This amount has since been reduced to a maximum of 2,500 acre-feet.

Surface Water Quality

The Regional Water Board designated several beneficial uses for Lake Berryessa in the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins (Regional Water Board 2011). These uses include municipal and domestic supply, agricultural supply, hydropower generation (potential use), water contact recreation, non- contact water recreation, warm freshwater habitat, cold freshwater habitat, warm water fish spawning, and wildlife habitat. For each beneficial use, the Regional Water Board identified water quality objectives to protect the lake. The objectives include thresholds for certain water quality parameters and requirements to minimize turbidity, toxins, and other chemicals and to maintain temperatures for the warm and cold water fisheries.

Water quality conditions in Lake Berryessa are generally consistent with the water quality objectives identified in the basin plan to protect beneficial uses; however, mercury and fecal coliform bacteria have been identified as water quality problems. The EPA listed Lake Berryessa as a water quality-limited segment for mercury contamination pursuant to Section 303(d) of the CWA. Mercury contamination in fish has been a problem at the lake, and signs have been posted cautioning fishermen to Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 26

limit fish intake. Fecal coliform bacteria has been a concern because of leaky wastewater ponds and minimally treated wastewater at the RAs and other developments around the lake.

Reclamation collects water quality data at Lake Berryessa for analysis of fecal coliform bacteria and also tests water samples taken from Putah Creek below the dam to determine the presence of biological agents such as Giardia and Cryptosporidium; inorganic materials such as chloride, fluoride and sulfate; and a variety of minerals including mercury, arsenic, barium and zinc. The concentrations of biological agents in the water samples are compared to the water quality objectives for the lake identified in the basin plan (Regional Water Board 2011). For waters designated for contact recreation, the fecal coliform concentration cannot exceed a geometric mean of 200/100 milliliters over a 30-day period. In the past, the summer data have indicated exceedances of the fecal coliform concentration (Reclamation 2011b). With the removal of old wastewater ponds at the RAs and improvements to the NBRID wastewater facility, fecal coliform bacteria in surface waters have been greatly reduced over the past several years.

3.5.2 Environmental Consequences and Minimization Measures

3.5.2.1 No-Action Alternative

Under the No Action Alternative, Reclamation would not issue authorization to ICON for the use of the air space or water surfaces of Lake Berryessa. There would be no impacts to water resources or water quality.

3.5.2.2 Proposed Action

When ICON aircraft operate as a vessel, their impacts to water quality are insignificant. The aircraft is a sealed single hull vessel which does not trap or transport water. Furthermore, the short duration of the vessel on the lake, about 8-minutes per operation, reduces opportunities to impact water quality. The engine, propeller and fuel tank are mounted nearly 6-feet above the water thereby eliminating turbulence which can affect aquatic life and cause turbidity in shallow near shore environments. However, ICON’s lake operations are generally conducted in deeper water where there will be no impact to lake sediments.

Unlike many recreational water craft, ICON aircraft operations do not involve human contact with lake water and the aircraft does not carry food or beverage containers which can be disposed in the water.

3.5.2.3 Minimization Measures

ICON aircraft operations on Lake Berryessa do not contribute to water quality impacts; therefore no minimization measures are necessary.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 27

3.6 Cumulative

Under NEPA, cumulative impacts on environmental resources result from incremental effects of proposed actions when combined with other past, present, and reasonably foreseeable future projects. Cumulative impacts can result from individually minor, but collectively major actions undertaken over a period of time by various agencies (federal, state, and local) or individuals. This analysis of cumulative impacts considers the effects of permitting commercial seaplane operations on Lake Berryessa. Those commercial activities include engineering flights, sales demonstrations and pilot training. Past and present impacts are characterized in the affected environment section and reflect current or baseline conditions.

Past, Present and Reasonably Foreseeable Actions

Reclamation is implementing its Visitor Services Plan to improve recreational opportunities at Lake Berryessa. The VSP ROD identifies a number of actions at the lake to expand or modify existing facilities and provide new recreation opportunities. However, the proposed action analyzed in this EA is not a component of the VSP or of any other Reclamation project and its impacts to recreation improvement proposed by Reclamation is insignificant.

Cumulative impact analyses of the environmental resources evaluated in this EA are discussed in this section.

Analysis of Cumulative Impacts

This analysis includes only projects as defined by NEPA, or by state and local governments. The effect of most of Reclamation’s proposed projects is to provide more recreation opportunities on and around Lake Berryessa. Therefore, the cumulative impact analysis attempts to reconcile potential cumulative impacts with increased recreational visitors to Lake Berryessa, even though those visitor increases are not projects per se they represent a reasonably foreseeable result of a federal action.

Air Quality

ICON flight operations would result in minor increases of ozone precursors. Proposed federal projects on or around Lake Berryessa may attract more visitors who will drive to the lake, thereby increasing vehicle traffic and emissions. Likewise, the federal projects will increase opportunities for boats and powered personal water craft.

Given that ICON operations are of short duration and avoid the most heavily used holiday weekends, cumulative impacts on local and regional air quality from the proposed action and other projects around the lake would be minor. Air Quality impacts would be minimized with implementation of Minimization Measures AQ-1 and AQ-2.

Biological Resources

ICON aircraft operations do not affect terrestrial biological resources; they avoid known raptor nests and have no impact on endangered species. Additionally, ICON will cooperate with Reclamation and Solano County Water Agency to eliminate transferring invasive species to the lake. Biological impacts would be minimized with implementation

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 28 of Minimization Measures BIO-1, BIO-2 and BIO-3. Cumulative impacts on biological resources from the proposed action and other projects at the lake would be minor.

Noise

ICON flight operations would not increase noise levels or impact sensitive receptors. The noise study prepared for this EA (Appendix A) demonstrates that noise from ICON aircraft does not increase ambient noise levels or create single event noise increases. Noise impacts would be minimized with implementation of Minimization Measures Noise- 1, Noise-2, Noise-3, Noise-4, Noise-5 and Noise-6. Cumulative impacts on from noise associated with the proposed action and other projects at the lake would be minor.

Recreation

ICON aircraft operations would not significantly impact recreational users at the lake. Recreation impacts would be minimized with implementation of Minimization Measures Rec-1, Rec-2 and Rec-3. Cumulative impacts on recreational resources from the proposed action and other projects at the lake would be minor.

Water Resources

There are no impacts to water resources or water quality from the proposed action. Cumulative impacts on water resources from the proposed action and other projects at the lake would are insignificant.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 29

SECTION 4 Consultations and Coordination

Wallace Environmental Consulting, an environmental consulting firm, prepared this EA on behalf of Reclamation. Wallace Environmental Consulting coordinated with Reclamation environmental and recreation staff and technical specialists, including Bollard Acoustical Consultants and Geoimagery, during preparation of this EA. ICON Aircraft provided aircraft specifications, detailed flight pattern information and annual flight operation projections for the description of the proposed action.

Reclamation reviewed this EA and supporting technical reports for compliance with Reclamation’s NEPA policies and guidelines and for technical adequacy.

SECTION 5 Compliance with Environmental Statutes

This section identifies the federal environmental statutes applicable to the proposed action and summarizes the requirements of the statutes. Applicable environmental laws, regulations, executive orders and management plans were considered during preparation of this EA.

National Environmental Policy Act

The proposed action would occur on and above Lake Berryessa which is managed by Reclamation. Under NEPA, Reclamation serves as the lead agency. This EA was prepared in compliance with NEPA, the CEQ NEPA regulations, and the Department of the Interior Manual. Reclamation is responsible for preparing a decision document on the findings of this EA and determining whether to approve the proposed action. Minimization measures are described in Chapter 3 by resource area and would be implemented to avoid or minimize environmental impacts.

Endangered Species Act of 1973, as Amended

Before any federal action is implemented, Section 7 of the ESA requires that the agency taking the action determine whether any listed species could be affected by the proposed action and consult with the USFWS or the National Marine Fisheries Service if listed species may be affected. Consultation with the USFWS will not be needed since no terrestrial species or avian species are affected by the proposed action.

Migratory Bird Treaty Act

Migratory birds that may nest or otherwise use the habitats along Lake Berryessa are protected under the Migratory Bird Treaty Act. Under the Migratory Bird Treaty Act, taking, killing, or possessing migratory birds or their parts is unlawful. Measures have been identified to minimize the potential for adverse impacts on migratory birds, and the proposed action would be in compliance with this act.

Bald and Golden Eagle Act Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 30

The Bald and Golden Eagle Act provides for the protection of bald and golden eagles by prohibiting the take; possession; sale; purchase; barter; offer to sell, purchase, or barter; transport; export; or import of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit (16 United States Code Sec. 668(a), 50 CFR 22). Measures have been identified to minimize the potential for adverse impacts on bald and golden eagles, and the proposed action would be in compliance with this act.

Clean Air Act, as Amended

The Clean Air Act requires any federal entity engaged in an activity that may result in the emission of air pollutants to comply with all applicable air pollution control laws and regulations (federal, state, or local). Measures have been identified to ensure compliance with the federal General Conformity Rule regarding air quality, and the proposed action would be in compliance with the Clean Air Act.

National Historic Preservation Act of 1966, as Amended

The NHPA requires federal agencies to identify significant cultural resources that may be affected by an action and to consult with the Advisory Council on Historic Preservation and the SHPO concerning effects on significant cultural resources. The proposed action would not have an adverse effect on historic properties or other significant cultural resources. Reclamation may consult with the SHPO to obtain concurrence on the effects of the proposed action.

Indian Trust Assets

It is the policy of the federal government to identify, conserve, and protect Indian Trust resources. This policy has been outlined in a Department of the Interior Order, a Departmental Manual supplement, and a memorandum from Reclamation’s Commissioner detailing Reclamation’s Indian Trust policy. No Indian Trust assets would be affected by the proposed action.

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations

Executive Order 12898 established environmental justice as a federal agency priority, and all federal agencies were directed to make environmental justice part of their mission. The proposed action would not disproportionately affect low-income or minority communities that may recreate at Lake Berryessa. The proposed action would be in compliance with this executive order.

Executive Order 13112, Invasive Species

Executive Order 13112 requires federal agencies to use relevant programs and authorities to prevent the introduction of invasive plant species. The proposed action includes measures to prevent the introduction, spread, or reestablishment of invasive plant species and to remove nonnative vegetation from the RAs. The proposed action would be in compliance with this executive order.

Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 31

Section 6 References

Bureau of Reclamation, 1992, Final Environmental Impact Statement for the Lake Berryessa Reservoir Area Management Plan. U.S. Department of the Interior, Bureau of Reclamation.

Bureau of Reclamation, 1993, Record of Decision, Environmental Impact Statement: Lake Berryessa Reservoir Area Management Plan. U.S. Department of the Interior, Bureau of Reclamation.

Bureau of Reclamation, 2005, Future Recreation Use and Operation of Lake Berryessa Final Environmental Impact Statement. U.S. Department of the Interior, Bureau of Reclamation.

Bureau of Reclamation, 2006, Record of Decision Future Recreation Use and Operations of Lake Berryessa. U.S. Department of the Interior, Bureau of Reclamation. June 2, 2006.

Bureau of Reclamation, 2013, Notice of Abandonment of Seaplane Landing Areas Within Central California Area Office (CCAO) at Lake Berryessa, California (E20) and Folsom Lake, California (C39), August 5, 2013.

Bureau of Reclamation, 2017, Draft Environmental Assessment Lake Berryessa Recreation Areas Development. September 2017.

Bureau of Reclamation, 2018, Bald Eagle Nests, Bureau of Reclamation, Lake Berryessa Chief Ranger.

California Air Resources Board, 2018. Site Information for Napa-Jefferson Avenue, Air Quality and Meteorological Information System data and trends. Available at: http://www.arb.ca.gov/qaweb/site. Accessed November 27, 2018.

California Science Advisory Panel, 2007, California’s Response to the Zebra/Quagga Mussel Invasion in the West, May 2007.

Council on Environmental Quality, 2016, Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews, August 1, 2016.

Mayer, Kenneth, E., and William F. Laudenslayer, ed., A Guide to Wildlife Habitats of California, 1988. State of California, Resources Agency, Department of Fish and Wildlife.

Sawyer, J.O. and Keeler-Wolf, A Manual of California Vegetation, 1995. California Native Plant Society.

Solano County Water Agency, 2012, Early Detection and Education Plan for Eurasian Mussels, Solano Project, July 1, 2012.

U.S. Department of Interior, National Park Service, 1959. Lake Berryessa Public Use Plan (PUP).

U.S. Department of Transportation, 2013, Federal Aviation Administration, Advisory Circular 150/5395-1A, Seaplane Bases. Land Use Authorization for ICON Flight Operations, Lake Berryessa, Environmental Assessment, 2019 32