From: Subject: FR Doc 07-1286 Date: Mon, 26 Mar 2007 18:17:19 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-1286.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 FR Doc 07-1286 
[Federal Register: March 16, 2007 (Volume 72, Number 51)]
[Notices]              =20
[Page 12593-12595]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr07-29]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Pike and San Isabel National Forest Cimarron and Comanche=20
Grasslands, Colorado; Upper Arkansas Water Conservancy District=20
Reservoir Analysis

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to prepare an Environmental Impact Statement.

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SUMMARY: The USDA Forest Service (FS) and the Upper Arkansas Water=20
Conservacy District (UAWCD) have agreed to work cooperatively for the=20
creation of the necessary environmental analysis and associated=20
documents for the purpose of potential expansion construction of the=20
North Fork Reservoir Water storage facility, reconstruction of the Boss=20
Lake Reservoir emergency spillway, and long term operations and=20
maintenance of all three reservoirs operated by UAWCD (Boss Lake,=20
O'Haver, and North Fork). The FS has determined that all three=20
facilities should be analyzed under an ``all-inclusive'' Environmental=20
Impact Statement (EIS) which addresses each facility individually.
    The UAWCD has agreed to pay for all necessary NEPA analysis through=20
a third party consultant working for the FS. The FS will oversee the=20
final approval of:
    1. The environmental firm awarded the contract to conduct the NEPA=20
analysis.
    2. The quality/thoroughness of the final environmental document.
    3. Any future long-term Special Use Permit (naming UAWCD as the=20
holder) covering the operational hydrology and maintenance needs of=20
each individual water storage facility.

DATES: Comments concerning the scope of the analysis must be postmarked=20
or received within 45 days from the date of publication of this notice=20
in the Federal Register to ensure full consideration. The draft=20
environmental impact statement is expected January 2008 and the final=20
environmental impact statement is expected April 2008.

ADDRESSES: Send written comments to; USDA Forest Service, Salida Ranger=20
District, ATTN: Mike Sugaski, 325 W. Rainbow Blvd., Salida, CO 81201.

[[Page 12594]]

    Comments may be submitted electronically to musgaski@fs.fed.us.=20
Comments may also be sent by fax to (719) 539-3593.

FOR FURTHER INFORMATION CONTACT:  Mike Sugaski, Recreation Staff,=20
Salida Ranger District at the address noted above or by calling (719)=20
539-3591.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The UAWCD has determined that there is a need to operate all three=20
reservoirs to meet the user demands and a growing population. Also=20
driving this project's Purpose and Need is the fact that each=20
facility's term Special Use Permit (SUP) has expired. The FS feels that=20
a thorough understanding of each facility's associated watershed and=20
operational hydrology must be reached before term SUPs can be reissued=20
to UAWCD. The Instream Flow Incremental Methodology (IFIM) will be used=20
to assist in determining appropriate discharge volumes and flow regimes=20
necessary for protection of terrestrial and aquatic life and maintain=20
stream channel stability below each reservoir.

Proposed Action

    UAWCD proposes to operate all three reservoirs to meet future water=20
demands. They intend to analyze the feasibility of increasing the=20
capacity of North Fork Reservoir and reconstructing the Boss Lake=20
Reservoir emergency spillway, as well as assess the long term operation=20
and maintenance requirements and future operational hydrology scenarios=20
for all three reservoirs. The proposed expansion being analyzed for=20
North Fork Reservoir could double the live storage capacity from 516=20
acre feed to 1024 acre feet, which would increase the surface acreage=20
of the lake from 33 acres to 42 acres. To accommodate the additional=20
storage, the dam height would be raised 15 feet.
    The FS proposes that all three water storage facilities be analyzed=20
under an ``all-inclusive'' Environmental Impact Statement (EIS) which=20
addresses each facility individually.

Possible Alternatives

    Other than the ``Proposed Action'' brought forward by UAWCD, and=20
the ``No Action'' alternative, additional alternatives to this proposed=20
project have not been identified at this time. Potential alternatives=20
to the proposed action will undoubtedly surface during the internal and=20
external scoping and public comment periods required during the NEPA=20
process.

Lead and Cooperating Agencies

    The USDA Forest Service will be the lead agency for this project,=20
but will consult with other concerned local, state, and federal=20
entities as appropriate. For example, Section 7 consultation with the=20
U.S. Fish & Wildlife Service will be completed for the analysis area =

for Threatened and Endangered Species (TES).

Responsible Official

    The responsible official is Robert J. Leaverton, PSICC Forest=20
Supervisor, 2840 Kachina Drive, Pueblo, CO 81008.

Nature of Decision To Be Made

    The responsible official will decide whether or not to allow for=20
expansion of North Fork Reservoir, allow the reconstruction of the Boss=20
Lake Reservoir emergency spillway, and approve the long term operation=20
and maintenance requirements and future operational hydrology scenarios=20
for all three reservoirs. The decision and rationale for the decision=20
will be documented in the Record of Decision, which will be subject to=20
Forest Service Appeal Regulations (36 CFR part 215).

Scoping Process

    Internal FS scoping has already begun in the form of posting the=20
project within the Schedule of Proposed Actions (SOPA),=20
Interdisciplinary Team (IDT) meetings, conference calls, and FS=20
specialist field reviews of various sites within the analysis area.=20
External public scoping was initiated by way of listing the project=20
within SOPA, posting a legal public notice in the Salida District's=20
local newspaper, the Mountain Mail, on August 25, 2004, as well as=20
radio announcements by the local Colorado Division of Wildlife (CDOW).
    In addition to these preliminary forms of scoping, the FS plans on=20
holding public meetings throughout various stages of this project to=20
ensure that all relevant issues and concerns are brought to the=20
attention of the agency before issuing the final decision. The times=20
and locations of these meetings are yet to be determined.

Preliminary Issues

    Some preliminary issues identified for this project include the=20
following:
    1. Expired long-term SUP's for all three facilities.
    2. Appropriate discharge volumes needed to protect terrestrial and=20
aquatic life and maintain stream channel stability below each reservoir=20
while meeting UAWCD water rights and user demands.
    3. Effects to the high-use scenic campground at North Fork and Boss=20
Lake.
    4. Unrestricted public access to each facility.
    5. Effects to private landowners adjacent to North Fork and Boss=20
Lake.
    6. Impacts to sub-alpine wetland areas at North Fork, and effects=20
to two rare plant species identified near the North Fork facility=20
(moonwort, Botrychium spp).

Permits or Licenses Required

    Each facility's term Special Use Permit (SUP) has expired. The FS=20
feels that a thorough understanding of each facility's associated=20
watershed and operational hydrology must be reached before term SUPs=20
can be reissued to UAWCD. Temporary Special Use Permits have been=20
issued to UAWCD to allow for the continued operation of the existing=20
water storage facilities.
    An Army Corps of Engineers 404 permit has been obtained by UAWCD in=20
order to implement work that may be necessary within or adjacent to=20
designated wetland areas around the North Fork facility. Additional 404=20
permits may be necessary at Boss Lake and North Fork prior to=20
implementing any selected alternative.

Comment Requested

    This Notice of Intent supports the scoping process which guides the=20
development of the environmental impact statement.

Early Notice of Importance of Public Participation in Subsequent=20
Environmental Review

    A draft environmental impact statement will be prepared for public=20
comment. The comment period on the draft environmental impact statement=20
will be 45 days from the date the Environmental Protection Agency=20
publishes the notice of availability in the local newspaper. The Forest=20
Service believes, at this early stage, it is important to give=20
reviewers notice of several court rulings related to public=20
participation in the environmental review process.
    First, reviewers of draft environmental impact statements must=20
structure their participation in the environmental review of the=20
proposal so that it is meaningful and alerts an agency to the=20
reviewer's position and contentions (Vermont Yankee Nuclear Power Corp.=20
v. NRDC, 435 U.S. 519,553 (1978)). Also, environmental objections that=20
could be raised at the draft environmental impact statement stage, but=20
are not raised until after completion of the final environmental impact

[[Page 12595]]

statement may be waived or dismissed by the courts (City of Angoon v.=20
Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages,=20
Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980)).
    Because of these court rulings, it is very important that those=20
interested in this proposed action participate by the close of the 45-
day comment period so that substantive comments and objections are made=20
available to the Forest Service at a time when it can meaningfully=20
consider them and respond to them in the final environmental impact=20
statement.
    To assist the Forest Service in identifying and considering issues=20
and concerns on the proposed action, comments on the draft=20
environmental impact statement should be as specific as possible. It is=20
also helpful if comments refer to specific pages or chapters of the=20
draft statement. Comments may also address the adequacy of the draft=20
environmental impact statement or the merits of the alternatives=20
formulated and discussed in the statement.
    Reviewers may wish to refer to the Council on Environmental Quality=20
Regulations for implementing the procedural provisions of the National=20
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.=20
Comments received, including the names and addresses of those who=20
comment, will be considered part of the public record on this proposal=20
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook=20
1909.15, Section 21)

    Dated: March 12, 2007.
Robert J. Leaverton,
Forest Supervisor.
[FR Doc. 07-1286 Filed 3-15-07; 8:45 am]

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