Record of Decision for the Windy Gap Firming Project, 5740-5741 [2016-02031]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5740-5741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02031]


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DEPARTMENT OF ENERGY

Western Area Power Administration

[DOE/EIS-0370]


Record of Decision for the Windy Gap Firming Project

AGENCY: Western Area Power Administration, Department of Energy.

ACTION: Record of decision.

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SUMMARY: The U.S. Department of Interior, Bureau of Reclamation, 
Eastern Colorado Area Office (Reclamation) prepared an Environmental 
Impact Statement (EIS) for the proposed Windy Gap Firming Project 
(Project) in North Central Colorado. The Municipal Subdistrict 
(Subdistrict), Northern Colorado Water Conservancy District, acting by 
and through the Windy Gap Firming Project Water Activity Enterprise, on 
behalf of the Project Participants, obtained approval from Reclamation 
for additional physical connections to Colorado-Big Thompson Project 
(C-BT) facilities in order to implement the proposed Project. Western 
Area Power Administration (Western), an agency within the U.S. 
Department of Energy (DOE), participated in the development of the EIS 
as a cooperating agency.
    The EIS evaluated a no action alternative, along with four action 
alternatives each entailing the construction of new reservoirs along 
with pipelines and operational facilities at different locations. The 
action alternatives were designed to provide more reliable water 
deliveries to Front Range and West Slope communities and industry. 
Reclamation selected Alternative 2--Chimney Hollow Reservoir in its 
Record of Decision (ROD) dated December 19, 2014. In order to support 
Reclamation's decision, Western would need to relocate 3.8 miles of its 
existing Estes-Lyons 115-kilovolt (kV) wood H-frame transmission line 
away from the proposed Chimney Hollow Reservoir site to avoid its 
inundation.

FOR FURTHER INFORMATION CONTACT: For further information, please 
contact Mr. Matt Blevins, Western Area Power Administration, P.O. Box 
281213, Lakewood, CO 80228-8213, telephone (720) 962-7261, or email: 
blevins@wapa.gov. For general information on DOE's National 
Environmental Policy Act (NEPA) review process, please contact Carol M. 
Borgstrom, Director, Office of NEPA Policy and Compliance, GC-54, U.S. 
Department of Energy, Washington, DC 20585, telephone (202) 586-4600 or 
(800) 472-2756, or email: askNEPA@hq.doe.gov.

SUPPLEMENTARY INFORMATION: Reclamation was the lead federal agency for 
the EIS (FES 11-19) and Western was a cooperating agency. The Notice of 
Availability for the Final EIS was published in the Federal Register on 
November 30, 2011 (76 FR 74074). Reclamation signed its ROD on December 
19, 2014, and selected Alternative 2--Chimney Hollow Reservoir as its 
preferred alternative.
    Reclamation's selected alternative directly affects a portion of 
Western's existing Estes-Lyons 115-kV transmission line, which lies 
within the design footprint of the proposed new Chimney Hollow 
Reservoir. In order to support Reclamation's decision, Western would 
need to relocate its transmission line away from the proposed reservoir 
to an area that preserves system reliability, maintenance 
accessibility, and safety. Western's relocation of the transmission 
line at the Chimney Hollow Reservoir site was evaluated in the EIS, 
including acquiring a 100 foot right-of-way, constructing access roads, 
and rebuilding approximately 3.8 miles of transmission line to the west 
of the proposed Chimney Hollow Reservoir. After an independent review 
of the EIS, Western has concluded that its comments have been satisfied 
and with this notice is adopting the EIS for its participation in the 
Project.

Western's Action

    Western's action is to support Reclamation's decision in selecting 
Alternative 2--Chimney Hollow Reservoir and to relocate a 3.8 mile 
portion of Western's existing Estes-Lyons 115-kV transmission line away 
from the proposed Chimney Hollow Reservoir site to avoid its 
inundation. Final transmission line location, pole placement, and 
spacing will be determined by Western during final design.

Cultural Resources

    Reclamation executed a Memorandum of Agreement (MOA) with the 
Colorado State Historic Preservation Office regarding the Project on 
April 19, 2012. Reclamation and Western must adhere to the stipulations 
of that MOA. The MOA stipulates that prior to any construction of the 
Project, Reclamation's Eastern Colorado Area Office will inventory the 
remaining 17.2 acres in the Area of Potential Effect and consult with 
the State Historic Preservation Office on eligibility and effects of 
the Project pursuant to 36 CFR part 800, including mitigation that will 
be set forth in an amendment to the MOA.

Endangered Species Act

    Western's action would have no effect on federally listed 
terrestrial wildlife species or plants. However, the Project's Colorado 
River depletions could adversely impact four endangered Colorado River 
fish species. Impacts to the endangered species in the Colorado River 
were originally addressed in the 1981 U.S. Fish and Wildlife Service 
(Service) Biological Opinion for the original Windy Gap Reservoir based 
on an estimated average annual diversion of 57,300 acre feet (AF) of 
water. A

[[Page 5741]]

Recovery Implementation Program (RIP) for Endangered Fish Species in 
the Upper Colorado River Basin was initiated on January 22, 1988.
    The RIP was intended to be the reasonable and prudent alternative 
for individual projects to avoid the likelihood of jeopardy to the 
endangered fishes from depletions from the Upper Colorado River Basin. 
A Section 7 agreement was implemented on October 15, 1993, by RIP 
participants, and on December 20, 1999, the Service issued a Final 
Programmatic Biological Opinion (PBO), Operation and Depletions, Other 
Depletions, and Funding and Implementation of Recovery Program Actions 
in the Upper Colorado River above the Confluence with the Gunnison 
River. The Service determined that the Project fits under the umbrella 
of the Colorado River RIP and PBO and would avoid the likelihood of 
jeopardy and/or adverse modification of critical habitat for depletion 
impacts. Under the PBO, the Subdistrict will make a monetary 
contribution for the 21,317 AF of Colorado River water depletions to 
support the recovery efforts for these species in accordance with the 
RIP Recovery Action Plan.

Alternatives Considered

    Reclamation considered in detail five alternatives, including 
Alternative 1--the No-action Alternative. This alternative consisted of 
continuation of operations under existing water rights and agreements 
between Reclamation and the Subdistrict for conveyance of the Windy Gap 
Project water through existing C-BT Project facilities and the 
reasonably foreseeable enlargement of Ralph Price Reservoir.
    Alternative 2--Chimney Hollow Reservoir (Proposed Action). 
Alternative 2 included construction of a 90,000 AF Chimney Hollow 
Reservoir on the East Slope, with the ability to store C-BT Project 
water there. Water would be conveyed to Chimney Hollow Reservoir via a 
new pipeline connection to existing East Slope C-BT Project facilities 
but no new West Slope infrastructure would be constructed. This 
alternative would require Western to move its existing Estes-Lyons 115-
kV transmission line away from the proposed Chimney Hollow Reservoir 
site to avoid inundation.
    Alternative 3--Chimney Hollow Reservoir and Jasper East Reservoir. 
Alternative 3 was a combination of constructing a 70,000 AF Chimney 
Hollow Reservoir on the East Slope and a 20,000 AF Jasper East 
Reservoir on the West Slope. A new 1-mile pipeline would connect Jasper 
East Reservoir to the existing Windy Gap pipeline that delivers water 
to Granby Reservoir. The existing C-BT Willow Creek Pump Station, 
forebay, and portions of the canal and pipeline would be relocated. 
This alternative would require Western to move its existing Estes-Lyons 
115-kV transmission line away from the proposed Chimney Hollow 
Reservoir site to avoid inundation.
    Alternative 4--Chimney Hollow Reservoir and Rockwell/Mueller Creek 
Reservoir. This alternative is a combination of a 70,000 AF Chimney 
Hollow Reservoir on the East Slope and a 20,000 AF Rockwell/Mueller 
Creek Reservoir (Rockwell Reservoir) on the West Slope, a new pipeline 
connection to the existing Windy Gap pump station and a new 3.3-mile 
pipeline to Rockwell Reservoir. This alternative would require Western 
to move its existing Estes-Lyons 115-kV transmission line away from the 
proposed Chimney Hollow Reservoir site to avoid inundation.
    Alternative 5--Dry Creek Reservoir and Rockwell/Mueller Creek 
Reservoir. This alternative is a combination of a 60,000 AF Dry Creek 
Reservoir on the East Slope, a 30,000 AF Rockwell Reservoir on the West 
Slope, and a new 3.4-mile pipeline and connection to the existing Windy 
Gap pump station. This alternative would require no action by Western.
    Reclamation considers both the No Action Alternative and 
Alternative 2--Chimney Hollow Reservoir to be the environmentally 
preferable alternatives because of each alternative's relative overall 
effect on natural resources as described in their ROD.

Mitigation

    The EIS analysis includes identification of standard construction 
mitigation measures for transmission line construction. Western will 
adhere to its standard construction mitigation measures described in 
the EIS. Long-term operations of the transmission line will follow 
Western's standard operating procedures and will not be affected by 
this action. A Mitigation Action Plan is not required for Western's 
proposed action.

Decision

    Western's decision is to modify its transmission system as 
described above in support of Reclamation's decision to select 
Alternative 2--Chimney Hollow Reservoir.\1\ This ROD was prepared 
following the requirements of the Council on Environmental Quality 
Regulations for Implementing the Procedural Provisions of the NEPA (40 
CFR parts 1500-1508) and DOE's NEPA Implementing Procedures (10 CFR 
part 1021).
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    \1\ On November 16, 2011, DOE's Acting General Counsel restated 
the delegations to Western's Administrator of all the authorities of 
the General Counsel respecting Environmental Impact Statements.

    Dated: January 14, 2016.
Mark A. Gabriel,
Administrator.
[FR Doc. 2016-02031 Filed 2-2-16; 8:45 am]
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