Canyon Lakes Ranger District, Arapaho and Roosevelt National Forests and Pawnee National Grassland, Colorado Re-issuance of Long Draw Reservoir Special Use Authorization to Occupy National Forest System Land, 30056-30057 [05-10377]
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30056
Notices
Federal Register
Vol. 70, No. 100
Wednesday, May 25, 2005
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Forest Service
Canyon Lakes Ranger District,
Arapaho and Roosevelt National
Forests and Pawnee National
Grassland, Colorado Re-issuance of
Long Draw Reservoir Special Use
Authorization to Occupy National
Forest System Land
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
SUMMARY: The Arapaho and Roosevelt
National Forests and Pawnee National
Grassland (Forest) is proposing to
reissue a special use authorization in
the form of an easement to Water
Supply and Storage Company of Fort
Collins, Colorado for Long Draw
Reservoir and Dam to occupy National
Forest System (NFS) lands. The
authorization would allow for use of
approximately 54 acres of NFS land
surrounding a United States Department
of Interior Easement, the occupancy of
which resulted from a 1975 expansion
of the original reservoir. The facility
stores and releases water as part of a
network of water facilities.
DATES: Comments concerning the scope
of the analysis must be received by June
24, 2005. The draft environmental
impact statement is expected in August
2006 and the final environmental
impact statement is expected in April
2007.
ADDRESSES: Send written comments to
James S. Bedwell, Forest Supervisor,
Arapaho and Roosevelt National Forests
and Pawnee National Grassland,
Attention: Lisa Subcasky, 2150 Centre
Avenue, Building E, Fort Collins,
Colorado 80526–8119. Telephone
number: (970) 295–6600. Fax number:
(970) 295–6696.
FOR FURTHER INFORMATION CONTACT: Lisa
Subcasky, Project Leader, at (970) 295–
6656, Arapaho and Roosevelt National
VerDate jul<14>2003
17:52 May 24, 2005
Jkt 205001
Forests and Pawnee National Grassland,
2150 Centre Avenue, Building E, Fort
Collins, Colorado 80526–8119.
SUPPLEMENTARY INFORMATION: Long
Draw Reservoir is located approximately
35 miles west of Fort Collins in Larimer
County in sections 10, 11, 15 and 16, T.
6 N., R. 75 W., 6th P.M. Long Draw
Reservoir has a storage capacity of
10,800 acre feet and is owned and
operated by Water Supply and Storage
Company. The facility stores water from
the Colorado River, which is imported
across the continental divide through
the Grand Ditch. In addition, the
reservoir stores native water from La
Poudre Pass Creek (also known as Long
Draw Creek), a tributary of the Cache la
Poudre River. The water from the
reservoir is released into La Poudre Pass
Creek and then into the Cache la Poudre
River and used for irrigation or traded
to other water users. The City of
Thornton owns shares in Water Supply
and Storage Company and has long term
plans to transport water to the City for
municipal use. La Poudre Pass Creek
below the impoundment is inside Rocky
Mountain National Park boundary. The
Cache la Poudre River is a tributary of
the South Platte River, which joins the
North Platte in Nebraska to form the
Platte River. The Platte River is a
tributary of the Missouri River.
Although water is stored in Long
Draw Reservoir throughout the winter,
most storage occurs in May and June.
When the reservoir is full or no longer
in priority to store water, additional
flow, both native and imported is
passed through the reservoir. Water is
typically released from reservoir storage
in July and August. The gates of the
reservoir are shut when the Grand Ditch
is closed in preparation for winter,
usually in October. All native flow is
stored, and no water is released
throughout the winter months until the
Grand Ditch is reopened the following
spring, usually in April or May.
Reservoir seepage and groundwater
inflow provide some flow at times
during the winter. This leaves the
stream channel immediately below the
dam with little or no water flowing
during that time. Because some of the
effects of this facility occur on lands
administered by the United States
Department of Interior, National Park
Service, Rocky Mountain National Park,
that agency has been asked to be a
cooperating agency in this analysis.
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
Construction of Long Draw Reservoir
was completed in 1929 then enlarged
and the dam rebuilt in 1974. The facility
was authorized by a special use permit
in 1978. This permit expired December
31, 1991 and was granted an extension
until January 31, 1994. In 1993 the
Forest published a Notice of Intent to
prepare an EIS for the reissuance of
special use permit to occupy NFS land
and a Record of Decision (ROD) was
signed on July 29, 1994. The decision
was to issue a special use easement for
continued occupancy of NFS land
contingent upon Water Supply and
Storage Company participating in a Joint
Operating Plan dated May 18, 1994. Six
months after the ROD was signed the
Forest executed a fifty-year easement to
Water Supply and Storage Company.
Trout Unlimited challenged this action
by filing suit against the United States
Department of Agriculture, et al. The
Forest decision to authorize the
continued use of Long Draw did not
require bypass flows as a condition of
use. Instead, the Forest accepted Water
Supply and Storage Company’s
participation in a Joint Operation Plan,
which increases winter flows in Joe
Wright Creek and the Cache la Poudre
River as mitigation for periods of no
flow from the reservoir. In April 2004
the U.S. District Court for the District of
Colorado reversed the decision of the
Forest Service to issue an easement for
Long Draw Reservoir without requiring
bypass flows. The Court also confirmed
the authority of the Forest Service to
impose bypass flows during
reauthorizations of permits or rights-ofway under the Federal Land Policy and
Management Act for the operation and
maintenance of water supply facilities
on NFS lands. Based on the Court’s
decision the Forest is reanalyzing this
project.
Purpose and Need for Action: Long
Draw Reservoir and Dam is used to store
water from La Poudre Pass Creek (also
known as Long Draw Creek), and from
the Colorado River which is imported
across the continental divide through
the Grand Ditch. The water from the
reservoir is released into La Poudre Pass
Creek and then into the Cache la Poudre
River. The water is used for irrigation or
traded to other water providers and in
the long term, to provide municipal
water to the city of Thornton. The need
is for a re-authorization to occupy NFS
land that minimizes damage to scenic
E:\FR\FM\25MYN1.SGM
25MYN1
Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Notices
and aesthetic values and fish and
wildlife habitat and otherwise protect
the environment.
Proposed Action: The proposed action
is to re-issue a special use authorization
to Water Supply and Storage to allow
the continued use of Long Draw
Reservoir and Dam.
Lead and Cooperating Agencies: Lead
Agency: USDA Forest Service,
Cooperating Agency: USDI National
Park Service, Rocky Mountain National
Park.
Responsible Official: James S.
Bedwell, Forest Supervisor, Arapaho
and Roosevelt National Forests and
Pawnee National Grassland, 2150 Centre
Avenue, Building E, Fort Collins, CO
80526.
Nature of Decision To Be Made: The
deciding officer will decide whether to
implement the proposed action, take an
alternative action that meets the
purpose and need, or take no action.
Scoping Process: The project will be
included in the Arapaho and Roosevelt
National Forests and Pawnee National
Grasslands quarterly schedule of
proposed actions. Information on the
proposed action will also be posted on
the Forest Web site, https://
www.fs.fed.us/r2/arnf/projects/eaprojects/clrd/index.shtml and will be
advertised in the Denver Post. A scoping
letter will be mailed to a Forest wide
mailing list, known to be interested in
Forest management. Comments
submitted in response to this NOI will
be most useful if received within 30
days from the date of this notice.
Response to the draft EIS will be sought
from the interested public beginning in
September 2006.
Preliminary Issues:
Local Impacts to Stream Flows, Aquatic
Dependent Species and Fish
Directly below the reservoir, changes
in stream channel morphology and
water quantity affect the aquatic
ecosystem and fish habitat. Fish
abundance is often dictated by habitat
conditions that occur during base flow
(winter) periods. Over-winter survival
defines fish population for many
streams. The amounts of stream flow
that occurs during these critical periods
can affect fish densities, biomass species
composition and distribution. The
extended periods of zero flow below
Long Draw Reservoir and the resulting
reduction in habitat represent total loss
of habitat in some locations. These
habitat conditions preclude the
maintenance of self-sustaining fish
populations immediately downstream of
Long Draw Dam.
VerDate jul<14>2003
17:52 May 24, 2005
Jkt 205001
Downstream Impacts to Threatened,
Endangered, Sensitive and Management
Indicator Species
Several threatened and endangered
species found downstream in Colorado
and Nebraska, including fish, birds,
plants and an insect, would likely be
affected based on the previous EIS. The
list of species to be assessed will be
developed with concurrence by the
U.S.D.I. Fish and Wildlife Service.
Other species dependent or closely
associated with water from the Rocky
Mountain Region’s Sensitive Species list
and the Arapaho and Roosevelt National
Forests and Pawnee National Grassland
Management Indicator Species list will
also be evaluated for effects due to the
proposed action. Combined with effects
of the many other water development
projects in the North and South Platte
drainages, the project contributes to the
cumulative dewatering of the Platte
River system, which has jeopardy
implications to downstream threatened
and endangered species as identified in
the previous EIS.
Comment Requested: This notice of
intent initiates the scoping process
which guides the development of the
environmental impact statement.
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review: A draft
environmental impact statement will be
prepared for comment. The comment
period on the draft environmental
impact statement will be 45 days from
the date the Environmental Protection
Agency publishes the notice of
availability of the Federal Register.
The Forest Service believes, at this
early stage, it is important to give
reviewers notice of several court rulings
related to public participation in the
environmental review process. First,
reviewers of draft environmental impact
statements must structure their
participation in the environmental
review of the proposal so that it is
meaningful and alerts an agency to the
reviewer’s position and contentions.
Vermont Yankee Nuclear Power Corp. v.
NRDC, 435 U.S. 519,553 (1978). Also,
environmental objections that could be
raised at the draft environmental impact
statement stage but that are not raised
until after completion of the final
environmental impact statement may be
waived or dismissed by the courts. City
of Angoon v. Hodel, 803 F.2d 1016,
1022 (9th Cir. 1986) and Wisconsin
Heritages, Inc. v. Harris, 490 F. Supp.
1334, 1338 (E.D. Wis. 1980). Because of
these court rulings, it is very important
that those interested in this proposed
action participate by the close of the 45
day comment period so that substantive
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
30057
comments and objections are made
available to the Forest Service at a time
when it can meaningfully consider them
and respond to them in the final
environmental impact statement.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
comments on the draft environmental
impact statement should be as specific
as possible. It is also helpful if
comments refer to specific pages or
chapters of the draft statement.
Comments may also address the
adequacy of the draft environmental
impact statement or the merits of the
alternatives formulated and discussed in
the statement. Reviewers may wish to
refer to the Council on Environmental
Quality Regulations for implementing
the procedural provisions of the
National Environmental Policy Act at 40
CFR 503.3 is addressing these points.
Comments received, including the
names and addresses of those who
comment, will be considered part of the
public record on this proposal and will
be available for public inspection.
Authority: 40 CFR 1501.7 and 1508.22;
Forest Service Handbook 1909.15, Section 21
Dated: May 11, 2005.
James S. Bedwell,
Forest Supervisor.
[FR Doc. 05–10377 Filed 5–24–05; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
‘‘Northwest Howell Project’’,
Chequamegon-Nicolet National Forest,
WI
Forest Service, USDA.
Notice of intent to prepare a
supplement to the environmental
impact statement.
AGENCY:
ACTION:
SUMMARY: In response to Federal District
Judge Adelman’s April 1, 2005 order
regarding the ‘‘Northwest Howell’’
environmental impact statement and
Record of Decision, I am preparing a
Supplement to the April 2003
‘‘Northwest Howell Project’’ Final
Environmental Impact Statement.
Consistent with the Court’s findings,
this supplement will clarify and add
more detail to the cumulative effects
regarding analysis area boundaries and
other activities as they relate to specific
Regional Forester Sensitive Species that
may be affected by the actions
considered in the original
Environmental Impact Statement.
DATES: Comments concerning the scope
of the analysis must be received by June
E:\FR\FM\25MYN1.SGM
25MYN1
Agencies
[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30056-30057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10377]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 /
Notices
[[Page 30056]]
DEPARTMENT OF AGRICULTURE
Forest Service
Canyon Lakes Ranger District, Arapaho and Roosevelt National
Forests and Pawnee National Grassland, Colorado Re-issuance of Long
Draw Reservoir Special Use Authorization to Occupy National Forest
System Land
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The Arapaho and Roosevelt National Forests and Pawnee National
Grassland (Forest) is proposing to reissue a special use authorization
in the form of an easement to Water Supply and Storage Company of Fort
Collins, Colorado for Long Draw Reservoir and Dam to occupy National
Forest System (NFS) lands. The authorization would allow for use of
approximately 54 acres of NFS land surrounding a United States
Department of Interior Easement, the occupancy of which resulted from a
1975 expansion of the original reservoir. The facility stores and
releases water as part of a network of water facilities.
DATES: Comments concerning the scope of the analysis must be received
by June 24, 2005. The draft environmental impact statement is expected
in August 2006 and the final environmental impact statement is expected
in April 2007.
ADDRESSES: Send written comments to James S. Bedwell, Forest
Supervisor, Arapaho and Roosevelt National Forests and Pawnee National
Grassland, Attention: Lisa Subcasky, 2150 Centre Avenue, Building E,
Fort Collins, Colorado 80526-8119. Telephone number: (970) 295-6600.
Fax number: (970) 295-6696.
FOR FURTHER INFORMATION CONTACT: Lisa Subcasky, Project Leader, at
(970) 295-6656, Arapaho and Roosevelt National Forests and Pawnee
National Grassland, 2150 Centre Avenue, Building E, Fort Collins,
Colorado 80526-8119.
SUPPLEMENTARY INFORMATION: Long Draw Reservoir is located approximately
35 miles west of Fort Collins in Larimer County in sections 10, 11, 15
and 16, T. 6 N., R. 75 W., 6th P.M. Long Draw Reservoir has a storage
capacity of 10,800 acre feet and is owned and operated by Water Supply
and Storage Company. The facility stores water from the Colorado River,
which is imported across the continental divide through the Grand
Ditch. In addition, the reservoir stores native water from La Poudre
Pass Creek (also known as Long Draw Creek), a tributary of the Cache la
Poudre River. The water from the reservoir is released into La Poudre
Pass Creek and then into the Cache la Poudre River and used for
irrigation or traded to other water users. The City of Thornton owns
shares in Water Supply and Storage Company and has long term plans to
transport water to the City for municipal use. La Poudre Pass Creek
below the impoundment is inside Rocky Mountain National Park boundary.
The Cache la Poudre River is a tributary of the South Platte River,
which joins the North Platte in Nebraska to form the Platte River. The
Platte River is a tributary of the Missouri River.
Although water is stored in Long Draw Reservoir throughout the
winter, most storage occurs in May and June. When the reservoir is full
or no longer in priority to store water, additional flow, both native
and imported is passed through the reservoir. Water is typically
released from reservoir storage in July and August. The gates of the
reservoir are shut when the Grand Ditch is closed in preparation for
winter, usually in October. All native flow is stored, and no water is
released throughout the winter months until the Grand Ditch is reopened
the following spring, usually in April or May. Reservoir seepage and
groundwater inflow provide some flow at times during the winter. This
leaves the stream channel immediately below the dam with little or no
water flowing during that time. Because some of the effects of this
facility occur on lands administered by the United States Department of
Interior, National Park Service, Rocky Mountain National Park, that
agency has been asked to be a cooperating agency in this analysis.
Construction of Long Draw Reservoir was completed in 1929 then
enlarged and the dam rebuilt in 1974. The facility was authorized by a
special use permit in 1978. This permit expired December 31, 1991 and
was granted an extension until January 31, 1994. In 1993 the Forest
published a Notice of Intent to prepare an EIS for the reissuance of
special use permit to occupy NFS land and a Record of Decision (ROD)
was signed on July 29, 1994. The decision was to issue a special use
easement for continued occupancy of NFS land contingent upon Water
Supply and Storage Company participating in a Joint Operating Plan
dated May 18, 1994. Six months after the ROD was signed the Forest
executed a fifty-year easement to Water Supply and Storage Company.
Trout Unlimited challenged this action by filing suit against the
United States Department of Agriculture, et al. The Forest decision to
authorize the continued use of Long Draw did not require bypass flows
as a condition of use. Instead, the Forest accepted Water Supply and
Storage Company's participation in a Joint Operation Plan, which
increases winter flows in Joe Wright Creek and the Cache la Poudre
River as mitigation for periods of no flow from the reservoir. In April
2004 the U.S. District Court for the District of Colorado reversed the
decision of the Forest Service to issue an easement for Long Draw
Reservoir without requiring bypass flows. The Court also confirmed the
authority of the Forest Service to impose bypass flows during
reauthorizations of permits or rights-of-way under the Federal Land
Policy and Management Act for the operation and maintenance of water
supply facilities on NFS lands. Based on the Court's decision the
Forest is reanalyzing this project.
Purpose and Need for Action: Long Draw Reservoir and Dam is used to
store water from La Poudre Pass Creek (also known as Long Draw Creek),
and from the Colorado River which is imported across the continental
divide through the Grand Ditch. The water from the reservoir is
released into La Poudre Pass Creek and then into the Cache la Poudre
River. The water is used for irrigation or traded to other water
providers and in the long term, to provide municipal water to the city
of Thornton. The need is for a re-authorization to occupy NFS land that
minimizes damage to scenic
[[Page 30057]]
and aesthetic values and fish and wildlife habitat and otherwise
protect the environment.
Proposed Action: The proposed action is to re-issue a special use
authorization to Water Supply and Storage to allow the continued use of
Long Draw Reservoir and Dam.
Lead and Cooperating Agencies: Lead Agency: USDA Forest Service,
Cooperating Agency: USDI National Park Service, Rocky Mountain National
Park.
Responsible Official: James S. Bedwell, Forest Supervisor, Arapaho
and Roosevelt National Forests and Pawnee National Grassland, 2150
Centre Avenue, Building E, Fort Collins, CO 80526.
Nature of Decision To Be Made: The deciding officer will decide
whether to implement the proposed action, take an alternative action
that meets the purpose and need, or take no action.
Scoping Process: The project will be included in the Arapaho and
Roosevelt National Forests and Pawnee National Grasslands quarterly
schedule of proposed actions. Information on the proposed action will
also be posted on the Forest Web site, https://www.fs.fed.us/r2/arnf/
projects/ea-projects/clrd/index.shtml and will be advertised in the
Denver Post. A scoping letter will be mailed to a Forest wide mailing
list, known to be interested in Forest management. Comments submitted
in response to this NOI will be most useful if received within 30 days
from the date of this notice. Response to the draft EIS will be sought
from the interested public beginning in September 2006.
Preliminary Issues:
Local Impacts to Stream Flows, Aquatic Dependent Species and Fish
Directly below the reservoir, changes in stream channel morphology
and water quantity affect the aquatic ecosystem and fish habitat. Fish
abundance is often dictated by habitat conditions that occur during
base flow (winter) periods. Over-winter survival defines fish
population for many streams. The amounts of stream flow that occurs
during these critical periods can affect fish densities, biomass
species composition and distribution. The extended periods of zero flow
below Long Draw Reservoir and the resulting reduction in habitat
represent total loss of habitat in some locations. These habitat
conditions preclude the maintenance of self-sustaining fish populations
immediately downstream of Long Draw Dam.
Downstream Impacts to Threatened, Endangered, Sensitive and Management
Indicator Species
Several threatened and endangered species found downstream in
Colorado and Nebraska, including fish, birds, plants and an insect,
would likely be affected based on the previous EIS. The list of species
to be assessed will be developed with concurrence by the U.S.D.I. Fish
and Wildlife Service.
Other species dependent or closely associated with water from the
Rocky Mountain Region's Sensitive Species list and the Arapaho and
Roosevelt National Forests and Pawnee National Grassland Management
Indicator Species list will also be evaluated for effects due to the
proposed action. Combined with effects of the many other water
development projects in the North and South Platte drainages, the
project contributes to the cumulative dewatering of the Platte River
system, which has jeopardy implications to downstream threatened and
endangered species as identified in the previous EIS.
Comment Requested: This notice of intent initiates the scoping
process which guides the development of the environmental impact
statement.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A draft environmental impact statement will be
prepared for comment. The comment period on the draft environmental
impact statement will be 45 days from the date the Environmental
Protection Agency publishes the notice of availability of the Federal
Register.
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft environmental impact statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S.
519,553 (1978). Also, environmental objections that could be raised at
the draft environmental impact statement stage but that are not raised
until after completion of the final environmental impact statement may
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this proposed action
participate by the close of the 45 day comment period so that
substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider them and respond to
them in the final environmental impact statement.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft statement. Comments may also address the adequacy of the draft
environmental impact statement or the merits of the alternatives
formulated and discussed in the statement. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 503.3 is addressing these points.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21
Dated: May 11, 2005.
James S. Bedwell,
Forest Supervisor.
[FR Doc. 05-10377 Filed 5-24-05; 8:45 am]
BILLING CODE 3410-11-M