Tahoe National Forest; Yuba River Ranger District; California; South Yuba Canal Maintenance Project, 7721-7723 [06-1346]
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7721
Notices
Federal Register
Vol. 71, No. 30
Tuesday, February 14, 2006
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
Tahoe National Forest; Yuba River
Ranger District; California; South Yuba
Canal Maintenance Project
Forest Service, USDA.
Notice of intent to prepare an
Environmental Impact Statement.
AGENCY:
ACTION:
SUMMARY: The USDA Forest Service,
Tahoe National Forest, Yuba River
Ranger District, gives notice of the
Agency’s intent to prepare an
Environmental Impact Statement (EIS)
to remove hazardous trees located
within approximately 150 feet of either
side of the centerline of the South Yuba
Canal, within the public lands of the
Tahoe National Forest.
DATES: Comments concerning the scope
of the analysis must be received by 30
days from the date of publication of this
notice in the Federal Register. The Draft
Environmental Impact Statement (DEIS)
is expected to be completed in April of
2006, and the Final Environmental
Impact Statement (FEIS) is expected to
be completed in July of 2006.
ADDRESSES: Send written comments to
Dennis Stevens, USDA Forest Service,
Yuba River Ranger District, 15924
Highway 49, Camptonville, CA 95922,
office hours 8 a.m. to 4:30 p.m.,
Monday-Friday; telephone 530 478–
6253; FAX 530 288–0727; e-mail:
comments-pacificsouthwest-tahoedownieville@fs.fed.us.
rmajette on PROD1PC67 with NOTICES
FOR FURTHER INFORMATION CONTACT:
Dennis Stevens or Patrick Farrell at the
above address and phone number.
SUPPLEMENTARY INFORMATION: Pacific
Gas and Electric Company’s (PG&E)
South Yuba Canal System is part of the
Drum-Spaulding Hydro System (License
2310), currently issued by the Federal
Energy Regulatory Commission (FERC)
through the year 2013. The South Yuba
Canal System operates primarily for the
delivery of domestic and agricultural
water use within the communities of
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Nevada City and Grass Valley,
California. Additionally, the water
delivered through the system is used to
generate electricity for the people of
Northern California from the Spaulding
No. 2 and Deer Creek Powerhouses. The
South Yuba Canal System is
approximately nineteen miles long and
traverses both private and National
Forest Lands. Approximately 11.6 miles
of the system are located within the
Yuba River Ranger District of the Tahoe
National Forest.
The Nevada Irrigation District (NID)
utilizes PG&E’s South Yuba Canal to
import water into the Deer Creek
watershed where it becomes the primary
water supply for NID’s Cascade Canal
System. Approximately 97 percent of
the water used in the Cascade Canal
System originates from water diverted
from the South Yuba Canal. The
remaining three percent comes from
natural flow within the Deer Creek
drainage. Currently, over 30,000 people
are served by this canal system. Along
with the residential and agricultural
use, water is also provided to fire
stations, county and city hydrant
systems, schools, the Sierra Nevada
Memorial Hospital, and the USFS/CDF
Emergency Command Center/Air-Attack
Base.
The Cascade Canal system supplies
raw water to three of the District’s
treatment plants in the areas
surrounding Grass Valley and Nevada
City. There are 10,420 service
connections for domestic water from
these treatment plants. There are also
1,450 service connections for
agricultural and domestic customers
that are served directly from the
Cascade Canal system.
A list of routine canal maintenance
work is identified by PG&E, and except
for emergencies, all work is scheduled
for completion during an annual outage.
During this annual outage, the canal
system is dewatered. This allows for the
entire system to be inspected in order to
plan for future work. Flume sections are
checked for wood integrity, open ditch
sections are checked for deterioration
and hazard trees are identified.
The yearly outage occurs during the
month of April, and is scheduled at that
time because it causes the least
disruption to water deliveries while
providing a weather window to
complete the work. The annual outage
is typically two weeks long,
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commencing around the first of April
and ending by the second week of the
month. During this period all major
routine work to the canal system as well
as annual maintenance to Spaulding No.
2 and Deer Creek Powerhouses must be
accomplished.
Purpose and Need for Action
The Hydrological Division of the
Pacific Gas and Electric Company
requested the Tahoe National Forest
consider a project proposal that would
remove trees on public land that
currently threaten, or may threaten
within the foreseeable future (five to ten
years), the structural integrity of the
South Yuba Canal. PG&E structural
engineers believe that a preventive
maintenance strategy is needed at this
time due to the following conditions:
• The winter of 2004–2005 caused
significant maintenance problems for
PG&E due to tree windthrow and
breakage along the canal. Damage and
repairs resulted in a disruption of flow
and threatened the supply of water to
consumers.
• Currently, there are numerous trees
within falling distance of the canal that,
due to their physical condition and
location, pose a threat to the canal and
its associated facilities.
• The winter storms of 2005–2006
have already resulted in structural
damage along the canal. Blown-over,
unstable trees and snapped tree-tops
from nearby trees were the primary
cause of damage to the canal.
• The population residing within the
local Sierra Nevada foothill
communities has more than doubled in
the past 35 years and the number of
people currently living within the PG&E
and NID service area is forecasted to
triple by 2040.
• Millions of visitors continue to
travel to western Nevada County to
enjoy aquatic recreational pursuits.
Annual increases in local residents and
tourist visitor-days continue to strain
the capability of the current water
supply infrastructure to meet customer
demands.
• If the current annual maintenance
strategy of clearing only trees after they
have caused damage continues, the
results will be continued breeches along
the canal, continued disruptions in
water deliveries, and escalating
maintenance costs that inevitably must
be passed along to consumers.
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7722
Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices
Because of the large number and
various types of clientele served by the
South Yuba Canal System, there is a
critical need to develop a long-range (5–
10 years) protection strategy that will
better ensure the integrity of the primary
facility for delivering water to western
Nevada County residents. During the
last three decades, Nevada County has
experienced a steady growth in
population. This population expansion
has lead to a greater demand in
maintaining a reliable water system.
Interruption of flow compromises both
PG&E and NID’s ability to provide
dependable service.
The greatest threat to maintaining
uninterrupted flows to the South Yuba
Canal is the stands of mixed conifers
and hardwoods that grow within an
approximate one hundred fifty foot strip
on either side of the canal’s centerline.
Due to limited accessibility and the
difficulty of removing these trees from
close proximity to the canal, many trees
that currently pose a hazard to the canal
have not been harvested during past
ground-based logging activities.
Numerous trees within falling distance
of the canal show signs of stress,
disease, instability and damage. Many of
these trees are presently growing
directly into the canal berm and have
grown large enough to cause cracking
within the concrete linings. The root
structures continue growing and create
pathways for water to leak through the
berm, providing a mechanism for future
canal failure.
Additionally, damage to the canal’s
infrastructure occurs when trees located
along the canal uproot, break-off or
breech the flume during storms or high
wind events. When a tree falls into a
wooden flume it will often cause major
damage that results in complete
structural failure. If a tree falls into an
open ditch section, it usually will not
completely destroy the berm. However,
the limbs and debris will dam the water
in the canal, potentially creating an
‘‘over-topping’’ situation. This situation
can lead to a berm washout depending
upon the flows and the length of time
the situation exists. These types of
incidents are often discovered by
PG&E’s system operators monitoring the
alarm stations.
Therefore, the primary goal of this
proposal is to develop a protection
strategy along the South Yuba Canal that
will reduce the annual amount of
damage to the canal’s infrastructure that
routinely results in interrupted flows
due to uprooting and breakage from
trees located along the canal. The intent
is to provide a preventative, longer-term
(5–10 years) approach to lessen the
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14:46 Feb 13, 2006
Jkt 208001
amount and intensity of damage to the
canal.
Proposed Action
The proposed action is to remove
hazardous trees located within
approximately 150 feet of either side of
the centerline of the South Yuba Canal,
within the public lands of the Tahoe
National Forest. Trees within falling
distance of the canal, canal maintenance
structures or canal electronic
monitoring equipment that exhibit the
following characteristics will be
evaluated for removal:
• Dead/dying trees.
• Trees and dead tops of sufficient
length to pose a threat of breakage.
• Trees with significant signs of rot or
decay.
• Severely forked trees whose tops,
boles or large limbs encroach upon the
canal.
• Trees weakened by insects and
disease.
• Trees where the root system is
sufficiently exposed to indicate
instability.
• Trees where the root system is
currently penetrating, or will likely
penetrate the berm or fill of the canal,
thus jeopardizing structural integrity.
• Trees having a decisive lean
towards the canal, canal maintenance
structures or canal electronic
equipment.
The project area extends along both
sides of an estimated 11.6 miles of canal
located on public lands within the
Tahoe National Forest. Currently, it is
estimated that maintenance tree removal
would involve a ground based harvest
system on approximately 20 percent of
the project area, while the remaining 80
percent would require an aerial harvest
system.
Only trees that currently threaten, or
would likely threaten the structural
integrity of the canal system over the
next 5–10 years, will be assessed for
risk, be designated, and removed under
this proposal.
The project area includes portions of
several California spotted owl and
northern goshawk Protected Activity
Centers (PACs). While the project will
be designed to minimize impacts to
these species, removal of certain hazard
trees (specifically those that could cause
structural damage to the canal through
felling activities) can only be done
during the annual dewatering period in
April. In order to implement this
project, the responsible official may not
be able to fully implement Standard and
guideline No. 75 for the California
spotted owl and No. 76 for the northern
goshawk, which require a limited
operating period for vegetation
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treatments within approximately 1⁄4
mile of nest sites during the breeding
season, from March 1 through August 31
for the California spotted owl and
February 15 through September 15 for
the northern goshawk (USDAS Forest
Service, Sierra Nevada Forest Plan
amendment Final Supplemental
Environmental Impact Statement Record
of Decision, 2004, p. 60). In order for
this project to comply with existing
laws and regulations, it would
necessitate a non-significant
amendment to the Tahoe National
Forest Land Management Plan
(TNFLMP), to lift the requirement to
apply Standard and Guideline Nos. 75
and 76, for implementation of this
project.
Responsible Official
The responsible Official for this
decision is the forest Supervisor of the
Tahoe National Forest, Steven T.
Eubanks; Tahoe National Forest
Supervisors Office, 631 Coyote Street,
Nevada City, CA 95959. As the
responsible official, he will document
the decision and reasons for the
decision in the Record of Decision
(ROD), which will be published along
with the FEIS.
Nature of Decision To Be Made
The decision to be made is whether to
implement the proposed action as
described above, to vary the location or
design of the project to meet the
purpose and need while addressing
issues raised in public scoping, or to
take no action at this time.
Scoping Process
Public participation is viewed as an
integral part of the environmental
analysis. The Forest Service will be
seeking points of dispute, disagreement
or debate from Federal, State, and local
governmental agencies as well as from
individuals or organizations that may be
potentially interested or affected by the
proposed action. A scoping letter will be
mailed to persons who have expressed
interest in the proposed action based on
notifications in the Tahoe National
Forest Quarterly Schedule of Proposed
actions and by notification through a
published legal notice in Grass Valley’s
The Union (the newspaper of record for
this project), Grass Valley, California. In
addition, adjacent land owners will be
mailed scoping letters.
Comment Requested
This notice of intent initiates the
scoping process which guides the
development of the environmental
impact statement. Comments submitted
during the scoping process should be in
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Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Notices
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writing or e-mail, and should be specific
to the proposed action. The comments
should describe as clearly and
completely as possible any points of
dispute, debate or disagreement the
commenter has with the proposal. Once
scoping letters are received, the District
shall identify all potential issues,
eliminate non-significant issues or those
covered by another environmental
analysis, identify significant issues to
analyze in depth, develop additional
alternatives to address those significant
issues, and identify potential
environmental effects of the proposed
action as well as all fully analyzed
alternatives.
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 in
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 45day 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.
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14:46 Feb 13, 2006
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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 1503.3 in 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: February 7, 2006.
Steven T. Eubanks,
Forest Supervisor.
[FR Doc. 06–1346 Filed 2–13–06; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Notice of Request for Extension of a
Currently Approved Information
Collection
Rural Business-Cooperative
Service, USDA.
ACTION: Proposed collection; comments
requested.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Rural BusinessCooperative Service’s (RBS) intention to
request an extension for a currently
approved information collection in
support of the program for 7 CFR part
4279.
DATES: Comments on this notice must be
received by April 17, 2006 to be assured
of consideration.
FOR FURTHER INFORMATION CONTACT:
Brenda Griffin, Loan Specialist,
Business and Industry Division, Rural
Business-Cooperative Service, U.S.
Department of Agriculture, STOP 3224,
1400 Independence Ave., SW.,
Washington, DC 20250–3224.
Telephone: (202) 720–6802. The TDD
number is (800) 877–8339 or (202) 708–
9300.
SUPPLEMENTARY INFORMATION:
Title: Guaranteed Loanmaking—
Business and Industry Loans.
OMB Number: 0570–0018.
Expiration Date of Approval: June 30,
2006.
Type of Request: Extension of a
Currently Approved Information
Collection.
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Fmt 4703
Sfmt 4703
7723
Abstract: The Business and Industry
(B&I) Guaranteed Loan Program was
legislated in 1972 under Section 310B of
the Consolidated Farm and Rural
Development Act, as amended. The
purpose of the program is to improve,
develop, or finance businesses,
industries, and employment and
improve the economic and
environmental climate in rural
communities. This purpose is achieved
through bolstering the existing private
credit structure through the
guaranteeing of quality loans made by
lending institutions, thereby providing
lasting community benefits.
Estimate of Burden: Public reporting
for this collection of information is
estimated to average 30 minutes to 12
hours per response.
Respondents: Business or other forprofit; State, local or tribal; Lenders,
accountants, attorneys.
Estimated Number of Respondents:
1,037.
Estimated Number of Responses per
Respondent: 1.
Estimated Number of Responses:
1,037.
Estimated Total Annual Burden on
Respondents: 1,494.
Copies of this information collection
can be obtained from Renita Bolden,
Regulations and Paperwork
Management Branch, Support Services
Division at (202) 692–0035.
Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of RBS, including
whether the information will have
practical utility; (b) the accuracy of
RBS’s estimate of the burden of the
proposed collection of information
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology. Comments may be sent to
Renita Bolden, Regulations and
Paperwork Management Branch,
Support Services Division, U.S.
Department of Agriculture, Rural
Development, STOP 0742, 1400
Independence Ave., SW., Washington,
DC 20250. All responses to this notice
will be summarized and included in the
request for OMB approval. All
comments will also become a matter of
public record.
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Agencies
[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Notices]
[Pages 7721-7723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1346]
========================================================================
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. 71, No. 30 / Tuesday, February 14, 2006 /
Notices
[[Page 7721]]
DEPARTMENT OF AGRICULTURE
Tahoe National Forest; Yuba River Ranger District; California;
South Yuba Canal Maintenance Project
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an Environmental Impact Statement.
-----------------------------------------------------------------------
SUMMARY: The USDA Forest Service, Tahoe National Forest, Yuba River
Ranger District, gives notice of the Agency's intent to prepare an
Environmental Impact Statement (EIS) to remove hazardous trees located
within approximately 150 feet of either side of the centerline of the
South Yuba Canal, within the public lands of the Tahoe National Forest.
DATES: Comments concerning the scope of the analysis must be received
by 30 days from the date of publication of this notice in the Federal
Register. The Draft Environmental Impact Statement (DEIS) is expected
to be completed in April of 2006, and the Final Environmental Impact
Statement (FEIS) is expected to be completed in July of 2006.
ADDRESSES: Send written comments to Dennis Stevens, USDA Forest
Service, Yuba River Ranger District, 15924 Highway 49, Camptonville, CA
95922, office hours 8 a.m. to 4:30 p.m., Monday-Friday; telephone 530
478-6253; FAX 530 288-0727; e-mail: comments-pacificsouthwest-tahoe-
downieville@fs.fed.us.
FOR FURTHER INFORMATION CONTACT: Dennis Stevens or Patrick Farrell at
the above address and phone number.
SUPPLEMENTARY INFORMATION: Pacific Gas and Electric Company's (PG&E)
South Yuba Canal System is part of the Drum-Spaulding Hydro System
(License 2310), currently issued by the Federal Energy Regulatory
Commission (FERC) through the year 2013. The South Yuba Canal System
operates primarily for the delivery of domestic and agricultural water
use within the communities of Nevada City and Grass Valley, California.
Additionally, the water delivered through the system is used to
generate electricity for the people of Northern California from the
Spaulding No. 2 and Deer Creek Powerhouses. The South Yuba Canal System
is approximately nineteen miles long and traverses both private and
National Forest Lands. Approximately 11.6 miles of the system are
located within the Yuba River Ranger District of the Tahoe National
Forest.
The Nevada Irrigation District (NID) utilizes PG&E's South Yuba
Canal to import water into the Deer Creek watershed where it becomes
the primary water supply for NID's Cascade Canal System. Approximately
97 percent of the water used in the Cascade Canal System originates
from water diverted from the South Yuba Canal. The remaining three
percent comes from natural flow within the Deer Creek drainage.
Currently, over 30,000 people are served by this canal system. Along
with the residential and agricultural use, water is also provided to
fire stations, county and city hydrant systems, schools, the Sierra
Nevada Memorial Hospital, and the USFS/CDF Emergency Command Center/
Air-Attack Base.
The Cascade Canal system supplies raw water to three of the
District's treatment plants in the areas surrounding Grass Valley and
Nevada City. There are 10,420 service connections for domestic water
from these treatment plants. There are also 1,450 service connections
for agricultural and domestic customers that are served directly from
the Cascade Canal system.
A list of routine canal maintenance work is identified by PG&E, and
except for emergencies, all work is scheduled for completion during an
annual outage. During this annual outage, the canal system is
dewatered. This allows for the entire system to be inspected in order
to plan for future work. Flume sections are checked for wood integrity,
open ditch sections are checked for deterioration and hazard trees are
identified.
The yearly outage occurs during the month of April, and is
scheduled at that time because it causes the least disruption to water
deliveries while providing a weather window to complete the work. The
annual outage is typically two weeks long, commencing around the first
of April and ending by the second week of the month. During this period
all major routine work to the canal system as well as annual
maintenance to Spaulding No. 2 and Deer Creek Powerhouses must be
accomplished.
Purpose and Need for Action
The Hydrological Division of the Pacific Gas and Electric Company
requested the Tahoe National Forest consider a project proposal that
would remove trees on public land that currently threaten, or may
threaten within the foreseeable future (five to ten years), the
structural integrity of the South Yuba Canal. PG&E structural engineers
believe that a preventive maintenance strategy is needed at this time
due to the following conditions:
The winter of 2004-2005 caused significant maintenance
problems for PG&E due to tree windthrow and breakage along the canal.
Damage and repairs resulted in a disruption of flow and threatened the
supply of water to consumers.
Currently, there are numerous trees within falling
distance of the canal that, due to their physical condition and
location, pose a threat to the canal and its associated facilities.
The winter storms of 2005-2006 have already resulted in
structural damage along the canal. Blown-over, unstable trees and
snapped tree-tops from nearby trees were the primary cause of damage to
the canal.
The population residing within the local Sierra Nevada
foothill communities has more than doubled in the past 35 years and the
number of people currently living within the PG&E and NID service area
is forecasted to triple by 2040.
Millions of visitors continue to travel to western Nevada
County to enjoy aquatic recreational pursuits. Annual increases in
local residents and tourist visitor-days continue to strain the
capability of the current water supply infrastructure to meet customer
demands.
If the current annual maintenance strategy of clearing
only trees after they have caused damage continues, the results will be
continued breeches along the canal, continued disruptions in water
deliveries, and escalating maintenance costs that inevitably must be
passed along to consumers.
[[Page 7722]]
Because of the large number and various types of clientele served
by the South Yuba Canal System, there is a critical need to develop a
long-range (5-10 years) protection strategy that will better ensure the
integrity of the primary facility for delivering water to western
Nevada County residents. During the last three decades, Nevada County
has experienced a steady growth in population. This population
expansion has lead to a greater demand in maintaining a reliable water
system. Interruption of flow compromises both PG&E and NID's ability to
provide dependable service.
The greatest threat to maintaining uninterrupted flows to the South
Yuba Canal is the stands of mixed conifers and hardwoods that grow
within an approximate one hundred fifty foot strip on either side of
the canal's centerline. Due to limited accessibility and the difficulty
of removing these trees from close proximity to the canal, many trees
that currently pose a hazard to the canal have not been harvested
during past ground-based logging activities. Numerous trees within
falling distance of the canal show signs of stress, disease,
instability and damage. Many of these trees are presently growing
directly into the canal berm and have grown large enough to cause
cracking within the concrete linings. The root structures continue
growing and create pathways for water to leak through the berm,
providing a mechanism for future canal failure.
Additionally, damage to the canal's infrastructure occurs when
trees located along the canal uproot, break-off or breech the flume
during storms or high wind events. When a tree falls into a wooden
flume it will often cause major damage that results in complete
structural failure. If a tree falls into an open ditch section, it
usually will not completely destroy the berm. However, the limbs and
debris will dam the water in the canal, potentially creating an ``over-
topping'' situation. This situation can lead to a berm washout
depending upon the flows and the length of time the situation exists.
These types of incidents are often discovered by PG&E's system
operators monitoring the alarm stations.
Therefore, the primary goal of this proposal is to develop a
protection strategy along the South Yuba Canal that will reduce the
annual amount of damage to the canal's infrastructure that routinely
results in interrupted flows due to uprooting and breakage from trees
located along the canal. The intent is to provide a preventative,
longer-term (5-10 years) approach to lessen the amount and intensity of
damage to the canal.
Proposed Action
The proposed action is to remove hazardous trees located within
approximately 150 feet of either side of the centerline of the South
Yuba Canal, within the public lands of the Tahoe National Forest. Trees
within falling distance of the canal, canal maintenance structures or
canal electronic monitoring equipment that exhibit the following
characteristics will be evaluated for removal:
Dead/dying trees.
Trees and dead tops of sufficient length to pose a threat
of breakage.
Trees with significant signs of rot or decay.
Severely forked trees whose tops, boles or large limbs
encroach upon the canal.
Trees weakened by insects and disease.
Trees where the root system is sufficiently exposed to
indicate instability.
Trees where the root system is currently penetrating, or
will likely penetrate the berm or fill of the canal, thus jeopardizing
structural integrity.
Trees having a decisive lean towards the canal, canal
maintenance structures or canal electronic equipment.
The project area extends along both sides of an estimated 11.6
miles of canal located on public lands within the Tahoe National
Forest. Currently, it is estimated that maintenance tree removal would
involve a ground based harvest system on approximately 20 percent of
the project area, while the remaining 80 percent would require an
aerial harvest system.
Only trees that currently threaten, or would likely threaten the
structural integrity of the canal system over the next 5-10 years, will
be assessed for risk, be designated, and removed under this proposal.
The project area includes portions of several California spotted
owl and northern goshawk Protected Activity Centers (PACs). While the
project will be designed to minimize impacts to these species, removal
of certain hazard trees (specifically those that could cause structural
damage to the canal through felling activities) can only be done during
the annual dewatering period in April. In order to implement this
project, the responsible official may not be able to fully implement
Standard and guideline No. 75 for the California spotted owl and No. 76
for the northern goshawk, which require a limited operating period for
vegetation treatments within approximately \1/4\ mile of nest sites
during the breeding season, from March 1 through August 31 for the
California spotted owl and February 15 through September 15 for the
northern goshawk (USDAS Forest Service, Sierra Nevada Forest Plan
amendment Final Supplemental Environmental Impact Statement Record of
Decision, 2004, p. 60). In order for this project to comply with
existing laws and regulations, it would necessitate a non-significant
amendment to the Tahoe National Forest Land Management Plan (TNFLMP),
to lift the requirement to apply Standard and Guideline Nos. 75 and 76,
for implementation of this project.
Responsible Official
The responsible Official for this decision is the forest Supervisor
of the Tahoe National Forest, Steven T. Eubanks; Tahoe National Forest
Supervisors Office, 631 Coyote Street, Nevada City, CA 95959. As the
responsible official, he will document the decision and reasons for the
decision in the Record of Decision (ROD), which will be published along
with the FEIS.
Nature of Decision To Be Made
The decision to be made is whether to implement the proposed action
as described above, to vary the location or design of the project to
meet the purpose and need while addressing issues raised in public
scoping, or to take no action at this time.
Scoping Process
Public participation is viewed as an integral part of the
environmental analysis. The Forest Service will be seeking points of
dispute, disagreement or debate from Federal, State, and local
governmental agencies as well as from individuals or organizations that
may be potentially interested or affected by the proposed action. A
scoping letter will be mailed to persons who have expressed interest in
the proposed action based on notifications in the Tahoe National Forest
Quarterly Schedule of Proposed actions and by notification through a
published legal notice in Grass Valley's The Union (the newspaper of
record for this project), Grass Valley, California. In addition,
adjacent land owners will be mailed scoping letters.
Comment Requested
This notice of intent initiates the scoping process which guides
the development of the environmental impact statement. Comments
submitted during the scoping process should be in
[[Page 7723]]
writing or e-mail, and should be specific to the proposed action. The
comments should describe as clearly and completely as possible any
points of dispute, debate or disagreement the commenter has with the
proposal. Once scoping letters are received, the District shall
identify all potential issues, eliminate non-significant issues or
those covered by another environmental analysis, identify significant
issues to analyze in depth, develop additional alternatives to address
those significant issues, and identify potential environmental effects
of the proposed action as well as all fully analyzed alternatives.
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 in 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 1503.3 in 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: February 7, 2006.
Steven T. Eubanks,
Forest Supervisor.
[FR Doc. 06-1346 Filed 2-13-06; 8:45 am]
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