Notice of Intent To Prepare an Environmental Impact Statement and Conduct a Public Scoping Meeting for the Bluestone Hydropower Project, Hinton, Summers County, WV, 55775-55776 [06-8126]

Download as PDF Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Notices original scheduled dates of the preliminary and final results of the sunset review. This notice is issued in accordance with sections 751(c)(5)(B) and (C) of the Act. Dated: September 19, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. 06–8181 Filed 9–22–06; 8:45 am] BILLING CODE 3510–DS–S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Adjustment of Import Limits for Certain Cotton and Man-Made Fiber Textile Products Produced or Manufactured in the Socialist Republic of Vietnam September 18, 2006. Committee for the Implementation of Textile Agreements (CITA). ACTION: Issuing a directive to the Commissioner, U.S. Customs and Border Protection. AGENCY: September 25, 2006 Ross Arnold, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482– 4212. For information on the quota status of these limits, refer to the U.S. Customs and Border Protection website (http://www.cbp.gov), or call (202) 3442650. For information on embargoes and quota re-openings, refer to the Office of Textiles and Apparel website at http:// otexa.ita.doc.gov. SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: FOR FURTHER INFORMATION CONTACT: rwilkins on PROD1PC63 with NOTICES Authority: Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as amended. The Bilateral Textile Agreement of July 17, 2003, as amended, between the Governments of the United States and the Socialist Republic of Vietnam, establishes limits for certain cotton, wool and man-made fiber textiles and textile products, produced or manufactured in the Socialist Republic of Vietnam. The current limits for certain categories are being adjusted for carryover. A description of the textile and apparel categories in terms of HTS numbers is available in the CORRELATION: Textile and Apparel Categories with the Harmonized Tariff Schedule of the United States (refer to the Office of Textiles and Apparel VerDate Aug<31>2005 17:46 Sep 22, 2006 Jkt 208001 website at http://otexa.ita.doc.gov). See 70 FR 75156 (December 19, 2005). 55775 human environment as a result of the proposed installation of hydropower generation facilities at Bluestone Dam, Philip J. Martello, Hinton, Summers County, WV Acting Chairman, Committee for the (Hydropower Project). The proposed Implementation of Textile Agreements. hydropower project would utilize three Committee for the Implementation of Textile of the six existing penstocks which were Agreements part of the original construction of the dam. The proposed project would also September 18, 2006. involve the discharge of dredged and fill Commissioner, material into waters of the United States U.S. Customs and Border Protection, (U.S.) and would involve work in the Washington, DC 20229 Dear Commissioner: This directive New River, a navigable water of the U.S. amends, but does not cancel, the directive Therefore, the subject proposal would issued to you on December 13, 2005, by the require a Department of the Army (DA) Chairman, Committee for the Implementation permit pursuant to section 404 of the of Textile Agreements. That directive Clean Water Act (Section 404) and concerns imports of certain cotton, wool, and man–made fiber textiles and textile products, Section 10 of the Rivers and Harbors Act of 1899 (Section 10). This EIS will produced or manufactured in Vietnam and document the agency’s evaluation of all exported during the twelve-month period reasonable alternatives as they affect which began on January 1, 2006 and extends through December 31, 2006. stability of the dam and control the Effective on September 25, 2006, you are release of water from Bluestone Dam, directed to increase the limits for the and will document analysis of impacts following categories, as provided for under to Waters of the U.S. sufficient to the terms of the current bilateral textile accommodate the NEPA process for agreement between the Governments of the permitting under section 10 and section United States and Vietnam: 404. DATES: A public scoping meeting is Category Restraint limi announced for October 2, 2006, from 11 342/642 .................... 752,777 dozen. a.m.–8 p.m. at Hinton Technology 347/348 .................... 9,502,903 dozen. Center, 301 Summers Street, Hinton, 1 The limits have not been adjusted to acSummers County, WV. count for any imports exported after December ADDRESSES: Send written comments and 31, 2005. suggestions concerning this proposed The Committee for the Implementation of project to John Preston, PM–PD–R, U.S. Textile Agreements has determined that Army Corps of Engineers, Huntington these actions fall within the foreign affairs District, 502 Eighth Street, Huntington, exception to the rulemaking provisions of 5 WV, 25701–2070. Telephone: (304) 399– U.S.C. 553(a)(1). 5870. Electronic mail: Sincerely, John.S.Preston@usace.army.mil. Philip J. Martello, Requests to be placed on the mailing list Acting Chairman, Committee for the should also be sent to this address. Implementation of Textile Agreements. FOR FURTHER INFORMATION CONTACT: To [FR Doc. 06–8178 Filed 9–22–06; 8:45 am] obtain additional information about the BILLING CODE 3510–DS proposed project, contact Kenneth Halstead EC–WH, U.S. Army Corps of Engineers, Huntington District, 502 DEPARTMENT OF DEFENSE Eighth Street, Huntington, WV, 25701– 2070. Telephone: (304) 399–5811. Department of the Army; Corps of Electronic mail: Engineers Kenneth.C.Halstead@usace.army.mil. Notice of Intent To Prepare an SUPPLEMENTARY INFORMATION: 1. Public Environmental Impact Statement and Participation: a. The Corps of Engineers Conduct a Public Scoping Meeting for will conduct a public scoping meeting the Bluestone Hydropower Project, (open house format) to gain input from Hinton, Summers County, WV interested agencies, organizations, and the general public concerning the AGENCY: Department of the Army, U.S. content of the EIS, issues and impacts Army Corps of Engineers, DoD. to be addressed in the EIS, and ACTION: Notice of intent. alternatives that should be analyzed. SUMMARY: Pursuant to the National The meeting is scheduled for (see Environmental Policy Act of 1969 DATES). (NEPA), the U.S. Army Corps of b. The Corps invites full public Engineers, DoD, Huntington District will participation to promote open prepare an Environmental Impact communication and better decisionStatement (EIS) to evaluate potential making. All persons and organizations impacts to the natural, physical, and that have an interest in potential effects PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\25SEN1.SGM 25SEN1 rwilkins on PROD1PC63 with NOTICES 55776 Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Notices of hydropower development and electric power generation at Bluestone Dam and the affected environment are urged to participate in this NEPA environmental analysis process. Assistance will be provided upon request to anyone having difficulty. c. Public comments are welcomed anytime throughout the NEPA process. Formal opportunities for public participation include: (1) Public meetings to be held near the community of Hinton; (2) Anytime during the NEPA process via mail, telephone or e-mail: (3) During Review and Comment on the Draft EIS (DEIS)—approximately late Summer 2007; and (4) Review of the Final EIS (FEIS)—Winter 2007/2008. Schedules and locations will be announced in local news media. Interested parties may also request to be included on the mailing list for public distribution of meeting announcements and documents (see ADDRESSES). d. To ensure that all issues related to the proposed project are approximately addressed, the Corps invites input from interested agencies, local and regional stakeholders and the general public to assist in identifying areas of concern, issues and impacts to be addressed in the EIS, and the alternatives that should be analyzed. Scoping for the DEIS will continue to build upon the knowledge and information developed during the more than 50 years of Corps of Engineer operation of the Bluestone Dam. 2. Background: a. The Bluestone Lake project is located in southern West Virginia, with the uppermost reaches of the lake extending into Virginia. Bluestone Dam is on the New River at Hinton, WV. Authorized in the 1935 and 1938 Flood Control Acts (FCAs) for flood control and hydropower, the Bluestone Lake project was completed in 1949. As the first of four authorized reservoirs in the Kanawha River Basin, Bluestone is operated for flood control. During construction hydropower development at Bluestone was delayed until other basin flood control projects could be constructed, with penstocks incorporated to permit future power facilities installation. Two of the three planned projects (Sutton and Summerville Lakes) have been constructed and the third was deauthorized. The Bluestone project was designed to operate at a normal summer pool elevation of 1490 feet and maximum flood control pool elevation of 1520 feet; 40 percent of the active storage was planned for flood control and almost 60 percent for hydropower. Current operations maintain the summer pool at 1410, with maximum flood control pool at 1520 and 97 percent of the active storage for flood VerDate Aug<31>2005 17:46 Sep 22, 2006 Jkt 208001 control. The 1944 FCA authorized the Secretary of the Army to permit recreation development at water resources projects, and during the 1950s and in 1970 project operations at Bluestone were changed to provide a conservation pool that allowed lake recreation. Section 6 of the 1988 Water Resources Development Act added recreation and downstream recreation as project purposes at Bluestone Lake. b. Section 547 of Water Resources Development Act of 2000 (Pub. L. 106– 541) authorized the Tri-Cities Power Authority to construct hydroelectric generating facilities at the Bluestone dam. ‘‘Tri-Cities Power Authority ’’ (TCPA) refers to the entity established by the City of Hinton, WV, the City of White Sulphur Springs, WV, and the City of Philippi, WV, pursuant to a document entitled ‘‘Second Amended and Restated Intergovernmental Agreement’’ approved by the Attorney General of West Virginia on February 14, 2002. Further, this act directs the Secretary of the Army to enter into a binding agreement with the Secretary of Energy and TCPA to accomplish construction of the project. c. Section 122 of the Energy and Water Development Appropriations Act, 2006 (Pub. L. 109–103) amended the aforementioned legislation. These amendments include the designation of TCPA as the owner and operator of said hydropower project. Further, section 122 removed hydroelectric power as an authorized project purpose ‘‘so long as Tri-Cities Power Authority continues to exercise its responsibilities as he builder, owner, and operator of the hydropower facilities at Bluestone Dam.’’ In addition, this legislation focused the approval that the Secretary of the Army must exercise for the proposed project, which is ‘‘to review the design and construction activities for all features of the hydroelectric project that pertain to and affect stability of the dam and control the release of water from Bluestone Dam to ensure that the quality of construction of those features meets all standards established for similar facilities constructed by the Secretary.’’ d. Reasonable alternatives for hydropower development are limited to those which will provide profitable power generation, meet established design criteria with respect to stability of the dam, do not significantly affect other Bluestone Lake project purposes as related to flow, and are environmentally acceptable. Only one physical hydropower facility design has been found feasible by TCPA. No changes to pool elevations are proposed. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 e. The proposed hydropower facility would utilize up to 9000 cubic feet per second (cfs) of flow. Under current operating procedures for the dam, a minimum discharge of 610 cfs is maintained. The alternatives to be considered in the EIS are those which evaluate various discharges through the stilling basin of the dam, including providing all flow up to 9000 cfs through the hydropower facility. In addition, the no-action alternative will be evaluated. As necessary, any reasonable alternatives that may become apparent as the evaluation process will be addressed. 3. Cooperating Agencies: a. At this time, no other federal, state, or local agencies are expected to be cooperating agencies in preparation of this EIS. However, numerous federal and state agencies, including the U.S. Environmental Protection Agency, Region III, U.S. Fish and Wildlife Service, Elkins West Virginia Field Office, Department of Interior National Park Service, West Virginia Department of Environmental Protection, and the West Virginia Division of Wildlife, are expected to be involved in this process. 4. Additional Information and Review: a. Compliance with other federal and state requirements that will be addressed in the EIS include, but will not be limited to, State Water Quality Certification under section 401 of the Clean Water Act, West Virginia Pollution Discharge Elimination System section 402 permit, section 7 of the Endangered Species Act, the Fish and Wildlife Coordination Act and section 106 of the National Historic Preservation Act. 5. Availability of the Draft: a. The draft EIS is projected to be available late Summer 2007. A formal public hearing will be conducted following release of the Draft EIS. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 06–8126 Filed 9–22–06; 8:45 am] BILLING CODE 3710–GM–M DEPARTMENT OF DEFENSE Department of the Navy [USN–2006–0058] Privacy Act of 1974; System of Records Department of the Navy, DoD. Notice to amend systems of AGENCY: ACTION: records. SUMMARY: The Department of the Navy is amending a system of records notice E:\FR\FM\25SEN1.SGM 25SEN1

Agencies

[Federal Register Volume 71, Number 185 (Monday, September 25, 2006)]
[Notices]
[Pages 55775-55776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8126]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Notice of Intent To Prepare an Environmental Impact Statement and 
Conduct a Public Scoping Meeting for the Bluestone Hydropower Project, 
Hinton, Summers County, WV

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.

ACTION: Notice of intent.

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SUMMARY: Pursuant to the National Environmental Policy Act of 1969 
(NEPA), the U.S. Army Corps of Engineers, DoD, Huntington District will 
prepare an Environmental Impact Statement (EIS) to evaluate potential 
impacts to the natural, physical, and human environment as a result of 
the proposed installation of hydropower generation facilities at 
Bluestone Dam, Hinton, Summers County, WV (Hydropower Project). The 
proposed hydropower project would utilize three of the six existing 
penstocks which were part of the original construction of the dam. The 
proposed project would also involve the discharge of dredged and fill 
material into waters of the United States (U.S.) and would involve work 
in the New River, a navigable water of the U.S. Therefore, the subject 
proposal would require a Department of the Army (DA) permit pursuant to 
section 404 of the Clean Water Act (Section 404) and Section 10 of the 
Rivers and Harbors Act of 1899 (Section 10). This EIS will document the 
agency's evaluation of all reasonable alternatives as they affect 
stability of the dam and control the release of water from Bluestone 
Dam, and will document analysis of impacts to Waters of the U.S. 
sufficient to accommodate the NEPA process for permitting under section 
10 and section 404.

DATES: A public scoping meeting is announced for October 2, 2006, from 
11 a.m.-8 p.m. at Hinton Technology Center, 301 Summers Street, Hinton, 
Summers County, WV.

ADDRESSES: Send written comments and suggestions concerning this 
proposed project to John Preston, PM-PD-R, U.S. Army Corps of 
Engineers, Huntington District, 502 Eighth Street, Huntington, WV, 
25701-2070. Telephone: (304) 399-5870. Electronic mail: 
John.S.Preston@usace.army.mil. Requests to be placed on the mailing 
list should also be sent to this address.

FOR FURTHER INFORMATION CONTACT: To obtain additional information about 
the proposed project, contact Kenneth Halstead EC-WH, U.S. Army Corps 
of Engineers, Huntington District, 502 Eighth Street, Huntington, WV, 
25701-2070. Telephone: (304) 399-5811. Electronic mail: 
Kenneth.C.Halstead@usace.army.mil.

SUPPLEMENTARY INFORMATION: 1. Public Participation: a. The Corps of 
Engineers will conduct a public scoping meeting (open house format) to 
gain input from interested agencies, organizations, and the general 
public concerning the content of the EIS, issues and impacts to be 
addressed in the EIS, and alternatives that should be analyzed. The 
meeting is scheduled for (see DATES).
    b. The Corps invites full public participation to promote open 
communication and better decision-making. All persons and organizations 
that have an interest in potential effects

[[Page 55776]]

of hydropower development and electric power generation at Bluestone 
Dam and the affected environment are urged to participate in this NEPA 
environmental analysis process. Assistance will be provided upon 
request to anyone having difficulty.
    c. Public comments are welcomed anytime throughout the NEPA 
process. Formal opportunities for public participation include: (1) 
Public meetings to be held near the community of Hinton; (2) Anytime 
during the NEPA process via mail, telephone or e-mail: (3) During 
Review and Comment on the Draft EIS (DEIS)--approximately late Summer 
2007; and (4) Review of the Final EIS (FEIS)--Winter 2007/2008. 
Schedules and locations will be announced in local news media. 
Interested parties may also request to be included on the mailing list 
for public distribution of meeting announcements and documents (see 
ADDRESSES).
    d. To ensure that all issues related to the proposed project are 
approximately addressed, the Corps invites input from interested 
agencies, local and regional stakeholders and the general public to 
assist in identifying areas of concern, issues and impacts to be 
addressed in the EIS, and the alternatives that should be analyzed. 
Scoping for the DEIS will continue to build upon the knowledge and 
information developed during the more than 50 years of Corps of 
Engineer operation of the Bluestone Dam.
    2. Background: a. The Bluestone Lake project is located in southern 
West Virginia, with the uppermost reaches of the lake extending into 
Virginia. Bluestone Dam is on the New River at Hinton, WV. Authorized 
in the 1935 and 1938 Flood Control Acts (FCAs) for flood control and 
hydropower, the Bluestone Lake project was completed in 1949. As the 
first of four authorized reservoirs in the Kanawha River Basin, 
Bluestone is operated for flood control. During construction hydropower 
development at Bluestone was delayed until other basin flood control 
projects could be constructed, with penstocks incorporated to permit 
future power facilities installation. Two of the three planned projects 
(Sutton and Summerville Lakes) have been constructed and the third was 
de-authorized. The Bluestone project was designed to operate at a 
normal summer pool elevation of 1490 feet and maximum flood control 
pool elevation of 1520 feet; 40 percent of the active storage was 
planned for flood control and almost 60 percent for hydropower. Current 
operations maintain the summer pool at 1410, with maximum flood control 
pool at 1520 and 97 percent of the active storage for flood control. 
The 1944 FCA authorized the Secretary of the Army to permit recreation 
development at water resources projects, and during the 1950s and in 
1970 project operations at Bluestone were changed to provide a 
conservation pool that allowed lake recreation. Section 6 of the 1988 
Water Resources Development Act added recreation and downstream 
recreation as project purposes at Bluestone Lake.
    b. Section 547 of Water Resources Development Act of 2000 (Pub. L. 
106-541) authorized the Tri-Cities Power Authority to construct 
hydroelectric generating facilities at the Bluestone dam. ``Tri-Cities 
Power Authority '' (TCPA) refers to the entity established by the City 
of Hinton, WV, the City of White Sulphur Springs, WV, and the City of 
Philippi, WV, pursuant to a document entitled ``Second Amended and 
Restated Intergovernmental Agreement'' approved by the Attorney General 
of West Virginia on February 14, 2002. Further, this act directs the 
Secretary of the Army to enter into a binding agreement with the 
Secretary of Energy and TCPA to accomplish construction of the project.
    c. Section 122 of the Energy and Water Development Appropriations 
Act, 2006 (Pub. L. 109-103) amended the aforementioned legislation. 
These amendments include the designation of TCPA as the owner and 
operator of said hydropower project. Further, section 122 removed 
hydroelectric power as an authorized project purpose ``so long as Tri-
Cities Power Authority continues to exercise its responsibilities as he 
builder, owner, and operator of the hydropower facilities at Bluestone 
Dam.'' In addition, this legislation focused the approval that the 
Secretary of the Army must exercise for the proposed project, which is 
``to review the design and construction activities for all features of 
the hydroelectric project that pertain to and affect stability of the 
dam and control the release of water from Bluestone Dam to ensure that 
the quality of construction of those features meets all standards 
established for similar facilities constructed by the Secretary.''
    d. Reasonable alternatives for hydropower development are limited 
to those which will provide profitable power generation, meet 
established design criteria with respect to stability of the dam, do 
not significantly affect other Bluestone Lake project purposes as 
related to flow, and are environmentally acceptable. Only one physical 
hydropower facility design has been found feasible by TCPA. No changes 
to pool elevations are proposed.
    e. The proposed hydropower facility would utilize up to 9000 cubic 
feet per second (cfs) of flow. Under current operating procedures for 
the dam, a minimum discharge of 610 cfs is maintained. The alternatives 
to be considered in the EIS are those which evaluate various discharges 
through the stilling basin of the dam, including providing all flow up 
to 9000 cfs through the hydropower facility. In addition, the no-action 
alternative will be evaluated. As necessary, any reasonable 
alternatives that may become apparent as the evaluation process will be 
addressed.
    3. Cooperating Agencies: a. At this time, no other federal, state, 
or local agencies are expected to be cooperating agencies in 
preparation of this EIS. However, numerous federal and state agencies, 
including the U.S. Environmental Protection Agency, Region III, U.S. 
Fish and Wildlife Service, Elkins West Virginia Field Office, 
Department of Interior National Park Service, West Virginia Department 
of Environmental Protection, and the West Virginia Division of 
Wildlife, are expected to be involved in this process.
    4. Additional Information and Review: a. Compliance with other 
federal and state requirements that will be addressed in the EIS 
include, but will not be limited to, State Water Quality Certification 
under section 401 of the Clean Water Act, West Virginia Pollution 
Discharge Elimination System section 402 permit, section 7 of the 
Endangered Species Act, the Fish and Wildlife Coordination Act and 
section 106 of the National Historic Preservation Act.
    5. Availability of the Draft: a. The draft EIS is projected to be 
available late Summer 2007. A formal public hearing will be conducted 
following release of the Draft EIS.

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 06-8126 Filed 9-22-06; 8:45 am]
BILLING CODE 3710-GM-M