Notice of Intent To Prepare an Environmental Impact Statement for the Clear Branch Dam Rehabilitation Project, Hood River County, Oregon, 57171-57173 [2022-20164]
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Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Notices
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
Forest Service
[Docket No. NRCS–2022–0011]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Clear Branch Dam Rehabilitation
Project, Hood River County, Oregon
Natural Resources
Conservation Service and Forest
Service, USDA.
ACTION: Notice of intent to prepare an
environmental impact statement (EIS).
AGENCY:
The Natural Resources
Conservation Service (NRCS) Oregon
State Office, as Lead Federal Agency, in
partnership with the Forest Service—
Mount Hood National Forest (Forest
Service, Cooperating Agency), and the
Middle Fork Irrigation District (Project
Sponsor, Owner, Operator), announces
its intent to prepare an EIS for the Clear
Branch Dam Rehabilitation Project
(Rehabilitation Project) in the proximity
of Parkdale, unincorporated Hood River
County, Oregon. The purpose of the
Rehabilitation Project is to provide a
clean dependable water supply for the
Upper Hood River valley in Hood River
County, Oregon, as authorized in the
1962 Middle Fork Hood River
Watershed Work Plan. There is a need
to rehabilitate Clear Branch Dam to meet
current dam safety and environmental
compliance standards for NRCS, the
Forest Service, the Federal Energy
Regulatory Commission (FERC), and
other regulatory agencies. NRCS is
requesting comments to identify
significant issues and potential
alternatives, information, and analyses
relevant to the proposed action from all
interested individuals, Tribes, and
Federal and State Agencies.
DATES: We will consider comments that
we receive by October 19, 2022.
Comments received after the 30-day
comment period will be considered to
the extent possible.
ADDRESSES: We invite you to submit
comments in response to this notice.
Please specify the docket ID NRCS–
2022–0011. You may submit your
comments through the methods below:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and search
for Docket ID NRCS–22–0009. Follow
the instructions for submitting
comments; or
• Mail or Hand Delivery: Ed
Salminen, Project Manager, Watershed
Professionals Network (WPN), P.O. Box
8, Parkdale, OR 97041.
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SUMMARY:
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17:37 Sep 16, 2022
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Molly Dawson; telephone: (503) 414–
3234; email: Molly.Dawson@usda.gov.
In addition, for questions related to
submitting comments via WPN: Ed
Salminen; telephone: (541) 490–6644;
email: contact@clearbranchdam.com; or
the project website at: clearbranchdam.
com. Persons with disabilities who
require alternative means for
communication should contact the U.S.
Department of Agriculture (USDA)
Target Center at (202) 720–2600 (voice).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The Rehabilitation Project would be
implemented as agricultural water
management, as authorized under
sections 3 and 4 of Public Law 83–566.
The primary purpose of the
Rehabilitation Project is to provide a
clean dependable water supply for the
Upper Hood River valley in Hood River
County, Oregon, as authorized in the
1962 Middle Fork Hood River
Watershed Work Plan. An assessment of
Clear Branch Dam was performed by
NRCS and the Project Sponsor in 2015
to evaluate the condition of the dam.
Results of the assessment indicated that
modifications to Clear Branch Dam are
needed to extend its service life. To
meet the purpose of providing a clean
dependable water supply, there is a
need to rehabilitate Clear Branch Dam to
meet current dam safety and
environmental compliance standards for
NRCS, the Forest Service, FERC, and
other regulatory agencies. Action to
rehabilitate the dam is necessary
because the dam reached the end of its
original service life and requires
structural modifications to extend its
service life another 50 to 100 years. The
need for watershed planning is
established and implementation of
management actions are authorized
under Public Law 83–566, the
Watershed Protection and Flood
Prevention Act of 1954 (16 U.S.C. 1001–
1009), as amended, and Public Law 78–
534, the Flood Control Act of 1944 (33
U.S.C. 702b–1). Further context for the
need for watershed planning is provided
below.
A Watershed Work Plan for Middle
Fork Hood River Watershed in Hood
River County, Oregon was authorized by
the Soil Conservation Service, the
predecessor to NRCS, and its partners in
1962, under the authority of the
Watershed Protection and Flood
Prevention Act. The primary objective
of the Rehabilitation Project is to
provide a clean dependable water
supply and improved water distribution
system for the irrigation of 8,000 acres;
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57171
this objective was accomplished with
the construction of a reservoir on Clear
Branch of the Middle Fork Hood River
in 1968, named Clear Branch Dam. The
dam is owned and operated by the
Middle Fork Irrigation District. Today,
the reservoir behind Clear Branch Dam
provides water to 404 users to irrigate
6,362 acres in the Upper Hood River
valley.
In 2016, NRCS, the Forest Service,
and the Project Sponsor initiated
scoping for an Environmental
Assessment for the rehabilitation of
Clear Branch Dam. A public scoping
meeting was conducted on August 15,
2016, in Parkdale, Oregon.
Since scoping for the Environmental
Assessment (EA) was completed in
2016, NRCS, the Forest Service, and the
Project Sponsor have completed
additional investigations and studies to
evaluate the condition of the dam. As a
result of the new information obtained
during the EA process, the rehabilitation
needed is more extensive than
anticipated during scoping in 2016.
Estimated federal funds required for the
construction of the proposed action may
exceed $25 million and the proposed
action will therefore require
congressional approval per the 2018
Agriculture Appropriations Act
amended funding threshold. In
accordance with 7 CFR 650.7(a)(2), an
EIS is required for projects requiring
congressional approval.
Preliminary Proposed Action and
Alternatives
The 1962 Middle Fork Hood River
Watershed Work Plan would be updated
to include an EIS that would analyze
alternative ways to meet the
Rehabilitation Project’s purpose and
need. At least three Action Alternatives
will be evaluated to meet the purpose
and need of the Rehabilitation Project.
A No Action Alternative will also be
considered.
Alternative 1 (Proposed Action)—
Structural Rehabilitation. This
alternative would structurally
rehabilitate the dam to meet current
dam safety and environmental
compliance standards of NRCS, the
Forest Service, FERC, and other
regulatory agencies. Structural
rehabilitation includes measures to
address flood conveyance, seepage,
seismic hazards, fish passage, and water
quality improvements.
Alternative 2—Decommission.
Decommissioning the dam would
consist of breaching the dam to allow
for flood conveyance, restoring Clear
Branch and Pinnacle Creek within the
reservoir footprint, and the constructing
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57172
Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Notices
of run-of river irrigation diversions to
continue irrigation water supply.
Alternative 3—Nonstructural
Rehabilitation. This alternative would
relocate or floodproof at-risk dwellings
in the downstream breach inundation
area. The downstream breach
inundation area extends from the base
of Clear Branch Dam to the mouth of the
Hood River confluence with the
Columbia River. This zone includes 4
homes, 2 apartments or hotels, 23
commercial buildings, 4 bridges,
Highway 30, Interstate 84, the Union
Pacific railroad, and the Mount Hood
Railroad.
Alternative 4—No Action. Taking no
action would consist of activities carried
out if no federal action or funding were
provided. In the absence of federal
funding, the Project Sponsor would
implement the structural dam
rehabilitation alternative (Alternative 3)
using alternate funding and likely
extended timetable for completion.
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Summary of Expected Impacts
Initial agency scoping of this federally
assisted action indicates that the
Rehabilitation Project may cause
significant impacts on the environment.
Ron Alvarado, NRCS Oregon State
Conservationist, has determined that the
preparation of an EIS is needed for this
Rehabilitation Project. This EIS will be
prepared as required by section
102(2)(C) of the National Environmental
Policy Act of 1969 (NEPA); the Council
on Environmental Quality Regulations
(40 CFR parts 1500–1508); and NRCS
regulations that implement NEPA in 7
CFR part 650.
Species listed under the Endangered
Species Act (ESA)may be affected by the
proposed action. The reservoir behind
the dam is designated as critical habitat
for bull trout (Salvelinus confluentus).
The Middle Fork Hood River sub-basin
supports spring Chinook Salmon
(Oncorhynchus tshawytscha), winter
steelhead trout (Oncorhynchus mykiss),
bull trout, and cutthroat trout
(Oncorhynchus clarkii). Winter
steelhead and bull trout are listed as
threatened under ESA and critical
habitat for both of these species is
designated in the Middle Fork Hood
River sub-basin. Critical habitat for the
Lower Columbia River Chinook Salmon
Evolutionarily Significant Unit is
designated in the Middle Fork Hood
River sub-basin. Critical habitat for the
Northern Spotted Owl (Strix
occidentalis caurina) is mapped near
the confluences of Clear Branch,
Pinnacle Creek, Coe Branch, and Eliot
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17:37 Sep 16, 2022
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Branch. U.S. Forest Service Road 2840
accesses the dam and the Laurance Lake
recreation facilities. Some alternatives
may involve excavation, grading,
surveying, limited closure, blocking, or
detouring traffic in the right of way
during construction.
219) has concluded. The responsible
federal official and decision maker for
the NRCS is Ron Alvarado, Oregon State
Conservationist. The responsible federal
official and decision maker for the
Forest Service is Meta Loftsgaarden, Mt
Hood National Forest Supervisor.
Anticipated Permits and Authorizations
The following permits and other
authorizations are anticipated to be
required:
• CWA Section 404 Permit. CWA
Implementation of the proposed federal
action may require a Clean Water Act
(CWA) section 404 permit from the U.S.
Army Corps of Engineers;
• CWA Section 401 Permit. The
Rehabilitation Project may also require
water quality certification under section
401 of CWA;
• U.S. Fish and Wildlife Service ESA
section 7 Consultation;
• National Marine Fisheries Service
ESA section 7 Consultation;
• Forest Service Special Use Permit;
and
• County Permit. Implementation of
the proposed federal action may require
permit from Hood River County.
Public Scoping Process
Schedule of Decision-Making Process
A Draft EIS (DEIS) will be prepared
and circulated for review and comment
by agencies, Tribes, section 106
consulting parties, and the public for at
least 45 days per 40 CFR 1503.1,
1502.20, 1506.11, and 1502.17, and 7
CFR 650.13. The DEIS is anticipated to
be published in the Federal Register in
2023, approximately 16 months after
publication of this NOI. A Final EIS is
anticipated to be published within 6
months of completion of the public
comment period for the DEIS.
NRCS, in cooperation with the Forest
Service, will decide whether to
implement one of the alternatives as
evaluated in the EIS. Since the
Rehabilitation Project is located on
National Forest System (NFS) lands, the
Forest Service’s decision will include
whether to authorize construction on
NFS lands and whether to issue a new
or amended special use permit for
continuing to operate Clear Branch Dam
on NFS lands. The Forest Service may
also issue a decision associated with
conformance with the Mt. Hood Land
and Resource Management Plan, as
amended by the Northwest Forest Plan.
An NRCS Record of Decision (ROD) will
be completed after the required 30-day
waiting period and a Forest Service
ROD will be completed after the predecisional administrative review
process (36 CFR part 218 or 36 CFR part
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Public scoping meetings will be held
to present the Rehabilitation Project and
develop the scope of the draft EIS. A
preliminary public scoping meeting for
an EA was conducted on August 15,
2016, in Parkdale, Oregon. The date,
time, and location for a public scoping
meeting for the Environmental Impact
Statement is:
• Date: Tuesday, October 4, 2022;
• Time: 5 p.m. to 7 p.m. Pacific time;
• Location: Zoom (virtual) and
Parkdale Rural Fire Protection District
Office at 4895 Baseline Dr., Mt Hood,
Parkdale. OR 97041;
• Register at: clearbranchdam.com.
Comments received, including the
names and addresses of those who
comment, will be part of the public
record. Scoping meeting presentation
materials are available on the project
website: clearbranchdam.com.
Identification of Potential Alternatives,
Information, and Analyses
NRCS invites agencies, Tribes, section
106 consulting parties, and individuals
who have special expertise, legal
jurisdiction, or interest in the
Rehabilitation Project to provide
comments concerning the scope of the
analysis and identification of potential
alternatives, information, and analyses
relevant to the Proposed Action.
NRCS will coordinate the scoping
process as provided in 36 CFR
800.2(d)(3) and 800.8 (54 U.S.C. 306108)
to help fulfill the National Historic
Preservation Act (NHPA), as amended
review process. The information about
historic and cultural resources within
the area potentially affected by the
proposed project will assist NRCS in
identifying and evaluating impacts to
such resources in the context of both
NEPA and NHPA.
NRCS will consult with Native
American tribes on a government-togovernment basis in accordance with 36
CFR 800.2 and 800.3, Executive Order
13175, and other policies. Tribal
concerns, including impacts on Indian
trust assets and potential impacts to
cultural resources and historic
properties, will be given due
consideration.
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Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Notices
Authorities
This document is published pursuant
to the NEPA regulations regarding
publication of a notice of intent to issue
an environmental impact statement (40
CFR 1501.9(d)).
Watershed planning is authorized
under the Watershed Protection and
Flood Prevention Act of 1954, as
amended, (Pub. L. 83–566) and the
Flood Control Act of 1944 (Pub. L. 78–
534).
Federal Assistance Programs
The title and number of the Federal
assistance programs as found in the
Assistance Listing 1 (formerly referred to
as the Catalog of Federal Domestic
Assistance) to which this document
applies are 10.904 Watershed Protection
and Flood Prevention and 10.916
Watershed Rehabilitation.
lotter on DSK11XQN23PROD with NOTICES1
Executive Order 12372
Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs,’’ requires consultation with
State and local officials that would be
directly affected by proposed Federal
financial assistance. The objectives of
the Executive order are to foster an
intergovernmental partnership and a
strengthened federalism, by relying on
State and local processes for State and
local government coordination and
review of proposed Federal financial
assistance and direct Federal
development. This program is subject to
the provisions of Executive Order
12372, which requires
intergovernmental consultation with
State and local officials.
USDA Non-Discrimination Policy
In accordance with Federal civil
rights law and USDA civil rights
regulations and policies, USDA, its
Agencies, offices, and employees, and
institutions participating in or
administering USDA programs are
prohibited from discriminating based on
race, color, national origin, religion, sex,
gender identity (including gender
expression), sexual orientation,
disability, age, marital status, family or
parental status, income derived from a
public assistance program, political
beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or
activity conducted or funded by USDA
(not all bases apply to all programs).
Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require
alternative means of communication for
program information (for example,
braille, large print, audiotape, American
1 See
https://sam.gov/content/assistance-listings.
VerDate Sep<11>2014
17:37 Sep 16, 2022
Jkt 256001
Sign Language, etc.) should contact the
responsible Agency or USDA TARGET
Center at (202) 720–2600 (voice and
TTY) or (844) 433–2774 (toll-free
nationwide). Additionally, program
information may be made available in
languages other than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at https://
www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and
at any USDA office or write a letter
addressed to USDA and provide in the
letter all the information requested in
the form. To request a copy of the
complaint form, call (866) 632–9992.
Submit your completed form or letter to
USDA by mail to: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410 or email: OAC@
usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Ronald Alvarado,
Oregon State Conservationist,Natural
Resources Conservation Service.
Meta Loftsgaarden,
Mt. Hood National Forest Supervisor, U.S.
Forest Service.
[FR Doc. 2022–20164 Filed 9–16–22; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
For Inspiration and Recognition of
Science and Technology (FIRST), et.
al; Notice of Decision on Application
for Duty-Free Entry of Scientific
Instruments
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). On August 16, 2022, the
Department of Commerce published a
notice in the Federal Register
requesting public comment on whether
instruments of equivalent scientific
value, for the purposes for which the
instruments identified in the docket(s)
below are intended to be used, are being
manufactured in the United States. See
Application(s) for Duty-Free Entry of
Scientific Instruments, 87 FR 50289–90,
August 16, 2022 (Notice). We received
no public comments.
Docket Number: 22–001. Applicant:
For Inspiration and Recognition of
Science and Technology (FIRST), 200
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57173
Bedford Street, Manchester, NH 03101.
Instrument: Dual Band 1.17 Gbps
Access Point. Manufacturer: Open Mesh
Inc., China. Intended Use: According to
the applicant, the FIRST Robotics
Competition (FRC) (EIN 22–2990908)
requires wireless radio communication
between student teams’ driver controls
and their home-build robots. It is crucial
that FRC be able to manage the wireless
traffic (for safety and team experience
reasons). FRC mandates a specific radio
(Datto’s OM5P–AN, obsolete, or OM5P–
AC models, both are dual band 1.17
Gbps access points) with custom
firmware which optimizes the radio for
the competition use case. This
transaction is to secure the radios
needed for educational robotic kits for
the 2020 season (4,400) air-freighted to
meet 2020 season deadlines) and the
2021 season (4,336 shipped via ocean).
The applicant certifies that there will
not be any use of the foreign instrument
by or for the primary benefit of any
commercial (for-profit) entity with 5
years after entry of the foreign
instrument into the United States
customs territory.
Docket Number: 22–002. Applicant:
University of California, Riverside, 900
University Avenue, Riverside, CA
92521. Instrument: Customs Pulsed
Laser Deposit & Molecular-Beam
Epitaxy (PLD/MBE) deposition system.
Manufacturer: BEIJING PERFECT
TECHNOLOGY CO., LTD., Beijing,
China. Intended Use: According to the
applicant, the instrument is intended to
be used for research purposes for
experimental condenses matter physics,
spin transport, quantum transport, and
spin-dependent physics, graphene, 2D
layers, heterostructures, and nanoscale
devices, magnetic insulators,
heterostructures and interfaces, energy
related materials science research.
Docket Number: 22–003. Applicant:
University of Chicago Argonne LLC,
Operator of Argonne National
Laboratory, 9700 South Cass Avenue,
Lemont, IL (U.S.A.), 60439–4873.
Instrument: High Heat Load Exit Mask
Assemblies. Manufacturer: Strumenti
Scientific CINEL S.R.L., Italy. Intended
Use: According to the applicant, these
components will be used to assemble
the new high heat load front ends for
the Advanced Photon Source upgrade.
The front end consists of a series of
components that connect the storage
ring to the user beamline to deliver a
photon beam that will be used as a
three-dimensional X-ray microscope for
experimental purposes. The materials/
phenomena that are studied vary widely
from material properties analysis,
protein mapping for pharmaceutical
companies, X-ray imaging and chemical
E:\FR\FM\19SEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Notices]
[Pages 57171-57173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20164]
[[Page 57171]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
Forest Service
[Docket No. NRCS-2022-0011]
Notice of Intent To Prepare an Environmental Impact Statement for
the Clear Branch Dam Rehabilitation Project, Hood River County, Oregon
AGENCY: Natural Resources Conservation Service and Forest Service,
USDA.
ACTION: Notice of intent to prepare an environmental impact statement
(EIS).
-----------------------------------------------------------------------
SUMMARY: The Natural Resources Conservation Service (NRCS) Oregon State
Office, as Lead Federal Agency, in partnership with the Forest
Service--Mount Hood National Forest (Forest Service, Cooperating
Agency), and the Middle Fork Irrigation District (Project Sponsor,
Owner, Operator), announces its intent to prepare an EIS for the Clear
Branch Dam Rehabilitation Project (Rehabilitation Project) in the
proximity of Parkdale, unincorporated Hood River County, Oregon. The
purpose of the Rehabilitation Project is to provide a clean dependable
water supply for the Upper Hood River valley in Hood River County,
Oregon, as authorized in the 1962 Middle Fork Hood River Watershed Work
Plan. There is a need to rehabilitate Clear Branch Dam to meet current
dam safety and environmental compliance standards for NRCS, the Forest
Service, the Federal Energy Regulatory Commission (FERC), and other
regulatory agencies. NRCS is requesting comments to identify
significant issues and potential alternatives, information, and
analyses relevant to the proposed action from all interested
individuals, Tribes, and Federal and State Agencies.
DATES: We will consider comments that we receive by October 19, 2022.
Comments received after the 30-day comment period will be considered to
the extent possible.
ADDRESSES: We invite you to submit comments in response to this notice.
Please specify the docket ID NRCS-2022-0011. You may submit your
comments through the methods below:
Federal eRulemaking Portal: Go to https://www.regulations.gov and search for Docket ID NRCS-22-0009. Follow the
instructions for submitting comments; or
Mail or Hand Delivery: Ed Salminen, Project Manager,
Watershed Professionals Network (WPN), P.O. Box 8, Parkdale, OR 97041.
FOR FURTHER INFORMATION CONTACT: Molly Dawson; telephone: (503) 414-
3234; email: [email protected]. In addition, for questions related
to submitting comments via WPN: Ed Salminen; telephone: (541) 490-6644;
email: clearbranchdam.com">[email protected]clearbranchdam.com; or the project website at:
clearbranchdam.com com. Persons with disabilities who require alternative
means for communication should contact the U.S. Department of
Agriculture (USDA) Target Center at (202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The Rehabilitation Project would be implemented as agricultural
water management, as authorized under sections 3 and 4 of Public Law
83-566. The primary purpose of the Rehabilitation Project is to provide
a clean dependable water supply for the Upper Hood River valley in Hood
River County, Oregon, as authorized in the 1962 Middle Fork Hood River
Watershed Work Plan. An assessment of Clear Branch Dam was performed by
NRCS and the Project Sponsor in 2015 to evaluate the condition of the
dam. Results of the assessment indicated that modifications to Clear
Branch Dam are needed to extend its service life. To meet the purpose
of providing a clean dependable water supply, there is a need to
rehabilitate Clear Branch Dam to meet current dam safety and
environmental compliance standards for NRCS, the Forest Service, FERC,
and other regulatory agencies. Action to rehabilitate the dam is
necessary because the dam reached the end of its original service life
and requires structural modifications to extend its service life
another 50 to 100 years. The need for watershed planning is established
and implementation of management actions are authorized under Public
Law 83-566, the Watershed Protection and Flood Prevention Act of 1954
(16 U.S.C. 1001-1009), as amended, and Public Law 78-534, the Flood
Control Act of 1944 (33 U.S.C. 702b-1). Further context for the need
for watershed planning is provided below.
A Watershed Work Plan for Middle Fork Hood River Watershed in Hood
River County, Oregon was authorized by the Soil Conservation Service,
the predecessor to NRCS, and its partners in 1962, under the authority
of the Watershed Protection and Flood Prevention Act. The primary
objective of the Rehabilitation Project is to provide a clean
dependable water supply and improved water distribution system for the
irrigation of 8,000 acres; this objective was accomplished with the
construction of a reservoir on Clear Branch of the Middle Fork Hood
River in 1968, named Clear Branch Dam. The dam is owned and operated by
the Middle Fork Irrigation District. Today, the reservoir behind Clear
Branch Dam provides water to 404 users to irrigate 6,362 acres in the
Upper Hood River valley.
In 2016, NRCS, the Forest Service, and the Project Sponsor
initiated scoping for an Environmental Assessment for the
rehabilitation of Clear Branch Dam. A public scoping meeting was
conducted on August 15, 2016, in Parkdale, Oregon.
Since scoping for the Environmental Assessment (EA) was completed
in 2016, NRCS, the Forest Service, and the Project Sponsor have
completed additional investigations and studies to evaluate the
condition of the dam. As a result of the new information obtained
during the EA process, the rehabilitation needed is more extensive than
anticipated during scoping in 2016. Estimated federal funds required
for the construction of the proposed action may exceed $25 million and
the proposed action will therefore require congressional approval per
the 2018 Agriculture Appropriations Act amended funding threshold. In
accordance with 7 CFR 650.7(a)(2), an EIS is required for projects
requiring congressional approval.
Preliminary Proposed Action and Alternatives
The 1962 Middle Fork Hood River Watershed Work Plan would be
updated to include an EIS that would analyze alternative ways to meet
the Rehabilitation Project's purpose and need. At least three Action
Alternatives will be evaluated to meet the purpose and need of the
Rehabilitation Project. A No Action Alternative will also be
considered.
Alternative 1 (Proposed Action)--Structural Rehabilitation. This
alternative would structurally rehabilitate the dam to meet current dam
safety and environmental compliance standards of NRCS, the Forest
Service, FERC, and other regulatory agencies. Structural rehabilitation
includes measures to address flood conveyance, seepage, seismic
hazards, fish passage, and water quality improvements.
Alternative 2--Decommission. Decommissioning the dam would consist
of breaching the dam to allow for flood conveyance, restoring Clear
Branch and Pinnacle Creek within the reservoir footprint, and the
constructing
[[Page 57172]]
of run-of river irrigation diversions to continue irrigation water
supply.
Alternative 3--Nonstructural Rehabilitation. This alternative would
relocate or floodproof at-risk dwellings in the downstream breach
inundation area. The downstream breach inundation area extends from the
base of Clear Branch Dam to the mouth of the Hood River confluence with
the Columbia River. This zone includes 4 homes, 2 apartments or hotels,
23 commercial buildings, 4 bridges, Highway 30, Interstate 84, the
Union Pacific railroad, and the Mount Hood Railroad.
Alternative 4--No Action. Taking no action would consist of
activities carried out if no federal action or funding were provided.
In the absence of federal funding, the Project Sponsor would implement
the structural dam rehabilitation alternative (Alternative 3) using
alternate funding and likely extended timetable for completion.
Summary of Expected Impacts
Initial agency scoping of this federally assisted action indicates
that the Rehabilitation Project may cause significant impacts on the
environment. Ron Alvarado, NRCS Oregon State Conservationist, has
determined that the preparation of an EIS is needed for this
Rehabilitation Project. This EIS will be prepared as required by
section 102(2)(C) of the National Environmental Policy Act of 1969
(NEPA); the Council on Environmental Quality Regulations (40 CFR parts
1500-1508); and NRCS regulations that implement NEPA in 7 CFR part 650.
Species listed under the Endangered Species Act (ESA)may be
affected by the proposed action. The reservoir behind the dam is
designated as critical habitat for bull trout (Salvelinus confluentus).
The Middle Fork Hood River sub-basin supports spring Chinook Salmon
(Oncorhynchus tshawytscha), winter steelhead trout (Oncorhynchus
mykiss), bull trout, and cutthroat trout (Oncorhynchus clarkii). Winter
steelhead and bull trout are listed as threatened under ESA and
critical habitat for both of these species is designated in the Middle
Fork Hood River sub-basin. Critical habitat for the Lower Columbia
River Chinook Salmon Evolutionarily Significant Unit is designated in
the Middle Fork Hood River sub-basin. Critical habitat for the Northern
Spotted Owl (Strix occidentalis caurina) is mapped near the confluences
of Clear Branch, Pinnacle Creek, Coe Branch, and Eliot Branch. U.S.
Forest Service Road 2840 accesses the dam and the Laurance Lake
recreation facilities. Some alternatives may involve excavation,
grading, surveying, limited closure, blocking, or detouring traffic in
the right of way during construction.
Anticipated Permits and Authorizations
The following permits and other authorizations are anticipated to
be required:
CWA Section 404 Permit. CWA Implementation of the proposed
federal action may require a Clean Water Act (CWA) section 404 permit
from the U.S. Army Corps of Engineers;
CWA Section 401 Permit. The Rehabilitation Project may
also require water quality certification under section 401 of CWA;
U.S. Fish and Wildlife Service ESA section 7 Consultation;
National Marine Fisheries Service ESA section 7
Consultation;
Forest Service Special Use Permit; and
County Permit. Implementation of the proposed federal
action may require permit from Hood River County.
Schedule of Decision-Making Process
A Draft EIS (DEIS) will be prepared and circulated for review and
comment by agencies, Tribes, section 106 consulting parties, and the
public for at least 45 days per 40 CFR 1503.1, 1502.20, 1506.11, and
1502.17, and 7 CFR 650.13. The DEIS is anticipated to be published in
the Federal Register in 2023, approximately 16 months after publication
of this NOI. A Final EIS is anticipated to be published within 6 months
of completion of the public comment period for the DEIS.
NRCS, in cooperation with the Forest Service, will decide whether
to implement one of the alternatives as evaluated in the EIS. Since the
Rehabilitation Project is located on National Forest System (NFS)
lands, the Forest Service's decision will include whether to authorize
construction on NFS lands and whether to issue a new or amended special
use permit for continuing to operate Clear Branch Dam on NFS lands. The
Forest Service may also issue a decision associated with conformance
with the Mt. Hood Land and Resource Management Plan, as amended by the
Northwest Forest Plan. An NRCS Record of Decision (ROD) will be
completed after the required 30-day waiting period and a Forest Service
ROD will be completed after the pre-decisional administrative review
process (36 CFR part 218 or 36 CFR part 219) has concluded. The
responsible federal official and decision maker for the NRCS is Ron
Alvarado, Oregon State Conservationist. The responsible federal
official and decision maker for the Forest Service is Meta
Loftsgaarden, Mt Hood National Forest Supervisor.
Public Scoping Process
Public scoping meetings will be held to present the Rehabilitation
Project and develop the scope of the draft EIS. A preliminary public
scoping meeting for an EA was conducted on August 15, 2016, in
Parkdale, Oregon. The date, time, and location for a public scoping
meeting for the Environmental Impact Statement is:
Date: Tuesday, October 4, 2022;
Time: 5 p.m. to 7 p.m. Pacific time;
Location: Zoom (virtual) and Parkdale Rural Fire
Protection District Office at 4895 Baseline Dr., Mt Hood, Parkdale. OR
97041;
Register at: clearbranchdam.com.
Comments received, including the names and addresses of those who
comment, will be part of the public record. Scoping meeting
presentation materials are available on the project website:
clearbranchdam.com.
Identification of Potential Alternatives, Information, and Analyses
NRCS invites agencies, Tribes, section 106 consulting parties, and
individuals who have special expertise, legal jurisdiction, or interest
in the Rehabilitation Project to provide comments concerning the scope
of the analysis and identification of potential alternatives,
information, and analyses relevant to the Proposed Action.
NRCS will coordinate the scoping process as provided in 36 CFR
800.2(d)(3) and 800.8 (54 U.S.C. 306108) to help fulfill the National
Historic Preservation Act (NHPA), as amended review process. The
information about historic and cultural resources within the area
potentially affected by the proposed project will assist NRCS in
identifying and evaluating impacts to such resources in the context of
both NEPA and NHPA.
NRCS will consult with Native American tribes on a government-to-
government basis in accordance with 36 CFR 800.2 and 800.3, Executive
Order 13175, and other policies. Tribal concerns, including impacts on
Indian trust assets and potential impacts to cultural resources and
historic properties, will be given due consideration.
[[Page 57173]]
Authorities
This document is published pursuant to the NEPA regulations
regarding publication of a notice of intent to issue an environmental
impact statement (40 CFR 1501.9(d)).
Watershed planning is authorized under the Watershed Protection and
Flood Prevention Act of 1954, as amended, (Pub. L. 83-566) and the
Flood Control Act of 1944 (Pub. L. 78-534).
Federal Assistance Programs
The title and number of the Federal assistance programs as found in
the Assistance Listing \1\ (formerly referred to as the Catalog of
Federal Domestic Assistance) to which this document applies are 10.904
Watershed Protection and Flood Prevention and 10.916 Watershed
Rehabilitation.
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\1\ See https://sam.gov/content/assistance-listings.
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Executive Order 12372
Executive Order 12372, ``Intergovernmental Review of Federal
Programs,'' requires consultation with State and local officials that
would be directly affected by proposed Federal financial assistance.
The objectives of the Executive order are to foster an
intergovernmental partnership and a strengthened federalism, by relying
on State and local processes for State and local government
coordination and review of proposed Federal financial assistance and
direct Federal development. This program is subject to the provisions
of Executive Order 12372, which requires intergovernmental consultation
with State and local officials.
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Agencies, offices, and employees,
and institutions participating in or administering USDA programs are
prohibited from discriminating based on race, color, national origin,
religion, sex, gender identity (including gender expression), sexual
orientation, disability, age, marital status, family or parental
status, income derived from a public assistance program, political
beliefs, or reprisal or retaliation for prior civil rights activity, in
any program or activity conducted or funded by USDA (not all bases
apply to all programs). Remedies and complaint filing deadlines vary by
program or incident.
Persons with disabilities who require alternative means of
communication for program information (for example, braille, large
print, audiotape, American Sign Language, etc.) should contact the
responsible Agency or USDA TARGET Center at (202) 720-2600 (voice and
TTY) or (844) 433-2774 (toll-free nationwide). Additionally, program
information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and
at any USDA office or write a letter addressed to USDA and provide in
the letter all the information requested in the form. To request a copy
of the complaint form, call (866) 632-9992. Submit your completed form
or letter to USDA by mail to: U.S. Department of Agriculture, Office of
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW,
Washington, DC 20250-9410 or email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Ronald Alvarado,
Oregon State Conservationist,Natural Resources Conservation Service.
Meta Loftsgaarden,
Mt. Hood National Forest Supervisor, U.S. Forest Service.
[FR Doc. 2022-20164 Filed 9-16-22; 8:45 am]
BILLING CODE 3410-16-P
