[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Notices]
[Page 52964-52966]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se08-40]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Notice of Intent To Prepare an Environmental Impact Statement
(EIS) for the Intake Diversion Dam Modification, Lower Yellowstone
Project, Montana
AGENCIES: Bureau of Reclamation, Interior, and Corps of Engineers,
Army.
ACTION: Notice of intent to prepare an environmental impact statement
(EIS) for the Intake Diversion Dam Modification, Lower Yellowstone
Project, Montana.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 102(2)(C) of the National Environmental
Policy Act (NEPA) of 1969, as amended, and the Council on Environmental
Quality's (CEQ) regulations for implementing the procedural provisions
of NEPA, the Bureau of Reclamation (Reclamation) and the U.S. Army,
Corps of Engineers (Corps) propose to jointly prepare an EIS that
analyzes and discloses effects associated with modifications to Intake
Diversion Dam. The proposed Federal action is to modify Intake
Diversion Dam and canal headworks, features of Reclamation's Lower
Yellowstone Project, to improve passage and reduce entrainment for
endangered pallid sturgeon and other native fish in the lower
Yellowstone River.
Reclamation and the Corps will serve as joint lead Federal agencies
in the preparation of the Intake Diversion Dam Modification EIS.
Reclamation will act as administrative lead for NEPA compliance
activities during preparation of the EIS. Reclamation and the Corps
will each consider and approve a Record of Decision regarding actions
and decisions for which the respective agencies are responsible.
DATES: Public scoping meetings will be held in October 2008. See the
SUPPLEMENTARY INFORMATION section for dates and locations of these
meetings. Written or e-mailed comments on the scope of issues and
alternatives to be considered in the Draft EIS will be accepted through
November 14, 2008.
ADDRESSES: Written comments and requests to be added to the mailing
list may be submitted to Bureau of Reclamation, Montana Area Office,
Attention: Paula Holwegner, P.O. Box 30137, Billings, MT 59107.
FOR FURTHER INFORMATION CONTACT: Paula Holwegner, Bureau of
[[Page 52965]]
Reclamation, Montana Area Office, P.O. Box 30137, Billings, MT 59107;
telephone (406) 247-7300; or facsimile to (406) 247-7338. You may
submit comments, requests, and/or other information by e-mail to
pholwegner@gp.usbr.gov.
SUPPLEMENTARY INFORMATION:
Dates of Public Scoping Meetings
October 21, 2008, 5:30 p.m.-8:30 p.m., Sidney, MT
October 22, 2008, 5:30 p.m.-8:30 p.m., Glendive, MT
October 23, 2008, 5:30 p.m.-8:30 p.m., Billings, MT
Locations of Public Scoping Meetings
Community Services Building--1201 West Holly, Sidney, MT
Dawson Community College--300 College Drive--Ullman Center
Room 102, Glendive, MT
Montana State University Downtown Campus--207 North
Broadway, Billings, MT
The meeting facilities are physically accessible to people with
disabilities. People needing special assistance to attend and/or
participate in the public hearings should contact Patience Hurley at
701-221-1204 in the Dakotas Area Office in Bismarck as soon as
possible. To allow sufficient time to process special requests, please
call no later than one week before the public hearing of interest.
Background Information
Reclamation's Lower Yellowstone Project is located in eastern
Montana and western North Dakota. Intake Diversion Dam is located
approximately 70 miles upstream of the confluence of the Yellowstone
and Missouri rivers near Glendive, Montana. The Lower Yellowstone
Project was authorized by the Secretary of the Interior on May 10,
1904. Construction of the Lower Yellowstone Project began in 1905 and
included Intake Diversion Dam (also known as Yellowstone River
Diversion Dam)--a 12-foot high wood and stone diversion dam that spans
the Yellowstone River and diverts water into the Main Canal for
irrigation. The Lower Yellowstone Project was authorized to provide a
dependable water supply sufficient to irrigate approximately 52,000
acres of land on the benches above the west bank of the Yellowstone
River. Water is also supplied to irrigate approximately 830 acres in
the Intake Irrigation Project and 2,200 acres in the Savage Unit. Both
of the smaller irrigation projects pump water from the Main Canal. The
average annual volume of water diverted for these projects is 327,046
acre-feet.
The Service listed the pallid sturgeon as endangered under the ESA
in 1990. The wild population of pallid sturgeon inhabiting the
Yellowstone River and the Missouri River between Fort Peck Dam and Lake
Sakakawea are anticipated to be extirpated by 2017 if reproduction and
recruitment of young fish does not improve. The best available science
suggests Intake Diversion Dam impedes upstream migration of pallid
sturgeon and their access to spawning and larval drift habitats. In
addition, previous entrainment studies on other native fish in the
Yellowstone River suggest that once passage is provided, pallid
sturgeon may be entrained in the Main Canal.
The lower Yellowstone River is considered to provide one of the
best opportunities for recovery of pallid sturgeon. Section 7(a)(1) of
the ESA directs Federal agencies to utilize their authorities to
further the purposes of the ESA by carrying out conservation programs
for listed species. Reclamation has been in informal consultation with
the Service to identify potential conservation measures to minimize
adverse effects to pallid sturgeon associated with continued operation
of the Lower Yellowstone Project on the Yellowstone River. The Pallid
Sturgeon Recovery Plan specifically identifies providing passage at
Intake Diversion Dam to protect and restore pallid sturgeon
populations. By providing passage at Intake Diversion Dam,
approximately 160 river miles of spawning and larval drift habitat
would become available in the Yellowstone River. By installing fish
entrainment reduction measures, pallid sturgeon entrainment in the Main
Canal would be minimized.
The Service recommended in their 2003 amendment to the Missouri
River Master Manual biological opinion that the Corps assist
Reclamation in providing passage for pallid sturgeon at Intake
Diversion Dam as a conservation recommendation. Section 3109 of the
2007 Water Resources Development Act authorizes the Corps to use
funding from the Missouri River Recovery and Mitigation Program to
assist Reclamation with compliance, design, and construction of
modifications to the Lower Yellowstone Project for purposes of
ecosystem restoration.
Reclamation initiated a collaborative effort with the Service;
Corps; Montana Fish, Wildlife and Parks; Lower Yellowstone Irrigation
District; and The Nature Conservancy through a Memorandum of
Understanding (MOU) signed on July 8, 2005. Reclamation coordinated a
value planning study in August 2005 with representatives from parties
signatory to the MOU to explore and evaluate a broad range of
alternatives for fish passage and entrainment reduction.
Reclamation and the Corps will use a broad range of scoping
activities to fully identify the range of potentially significant
issues, actions, alternatives, and impacts to be considered in the EIS.
These scoping activities will ensure the public has sufficient
opportunity to review and comment on the proposed Federal action and
reasonable alternatives for fish passage and entrainment reduction at
Intake Diversion Dam. Public comments are invited and encouraged to
assist agencies in identifying the scope of potentially significant
environmental, social, and economic issues relevant to the proposed
Federal action and determining reasonable alternatives to be considered
in the EIS.
Reclamation and the Corps have scheduled three public scoping
meetings and are inviting agencies, tribes, non-governmental
organizations, and the public to participate in an open exchange of
information and to provide comments on the proposed scope of the EIS.
Preliminary Alternatives
As required by CEQ's implementing regulations, all reasonable
alternatives to the proposed Federal action that meet the purpose and
need will be considered in the EIS. These alternatives will include no
action and a range of reasonable alternatives for improving fish
passage and reducing entrainment. Appropriate mitigation measures will
be incorporated into the proposed action and reasonable alternatives.
The EIS will analyze and disclose environmental impacts associated with
the proposed Federal action and alternatives together with engineering,
operations and maintenance, social, and economic considerations.
Through MOU partner discussions and evaluations, alternatives for
passage have been identified, discussed, and analyzed. Preliminary
alternatives to improve fish passage include the following:
(1) Passage around the existing diversion dam;
(2) Relocation of the diversion dam and canal headworks to take
advantage of hydrology and topography;
(3) Removing the dam and constructing a single or multiple pumping
plants; and
(4) Variations of a low-gradient rock ramp in the river.
The preliminary alternatives for reducing entrainment include:
[[Page 52966]]
(1) A fish screen structure in the Main Canal with fish bypass to
river; and
(2) A rotary drum fish screen on the bank of the river.
The EIS will also include a no action alternative that does not improve
fish passage or reduce entrainment. The public is invited and
encouraged to identify other reasonable alternatives to improve fish
passage and reduce entrainment at the Intake Diversion Dam and canal
headworks.
Preliminary Identification of Environmental Issues
A range of issues relevant to the proposed Federal action have
tentatively been identified for consideration and analysis in the EIS.
This list is preliminary and is intended to facilitate public comment
on the scope of this EIS. Reclamation and the Corps invite you to
comment on the following general questions that reflect potentially
significant issues or questions of widespread public interest believed
to be relevant to the proposed Federal action. Reclamation and the
Corps invite and encourage comments that identify other potentially
significant issues and effects that you believe should be addressed in
the EIS.
How would the proposed action affect or address the following:
Aquatic communities and habitats in the lower Yellowstone
River?
Delivery of irrigation water for the Lower Yellowstone
Project?
Continued operation and viability of irrigated agriculture
in the Lower Yellowstone Project?
Water-based recreation, such as changes to boat ramps and/
or changes to angling opportunities for paddlefish and other fish?
Economic conditions related to the paddlefish caviar
industry?
Social and economic conditions in affected communities
associated with construction activities and long-term operation and
maintenance, including paddlefish caviar harvest and concession
activities?
Short-term and long-term impacts on surface water quality?
Floodplain, wetlands, and riparian communities?
Water quantity associated with operations and climate
change?
Land-based recreation, including possible changes to the
public park area and river access?
Relevant cumulative environmental impacts to the
Yellowstone River from past, present, and reasonably foreseeable future
actions?
Cultural resources such as historic, archaeological,
architectural, or traditional properties?
Environmental justice, particularly whether or not water
management activities have a disproportionate adverse effect on
minority and low-income populations?
Compliance with all applicable Federal, State, and local
statutes and regulations and with international agreements and required
Federal and State environmental permits, consultations, and
notifications?
Compliance with all applicable executive orders?
Public Disclosure Statement
Reclamation and the Corps believe it is important to inform the
public of the environmental review process. To assist Reclamation and
the Corps in identifying and considering issues related to the proposed
Federal action, comments made during formal scoping and later on the
draft EIS should be as specific as possible. Reviewers must structure
their participation in the environmental review of the proposal so that
it is meaningful and alerts Reclamation and the Corps to the reviewer's
position and contentions. It is very important that those interested in
this proposed Federal action participate by the close of the scoping
period so that substantive comments and objections are made available
to Reclamation and the Corps at a time when they can meaningfully
consider and respond to them.
If you wish to comment, you may mail or e-mail your comments as
indicated under the ADDRESSES section. Before including your name,
address, phone number, e-mail address, or any other personal
identifying information in your comment, you should be aware that your
entire comment including your personal identifying information may be
made available to the public at any time.
While you can request in your comment for us to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Dated: September 5, 2008.
Michael J. Ryan,
Regional Director, Great Plains Region, Bureau of Reclamation.
Witt Anderson,
Director, Programs, Northwestern Division, Corps of Engineers.
[FR Doc. E8-21188 Filed 9-11-08; 8:45 am]
BILLING CODE 4310-MN-P