Santa Clara Valley Water District; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Surrender of Exemption, Schedule for Environmental Review, and Request for Comments, 84565-84567 [2024-24520]
Download as PDF
Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
The Commission’s Office of Public
Participation (OPP) supports meaningful
public engagement and participation in
Commission proceedings. OPP can help
members of the public, including
landowners, environmental justice
communities, Tribal members and
others, access publicly available
information and navigate Commission
processes. For public inquiries and
assistance with making filings such as
interventions, comments, or requests for
rehearing, the public is encouraged to
contact OPP at (202) 502–6595 or OPP@
ferc.gov.
Dated: October 17, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024–24527 Filed 10–22–24; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. EL25–2–000; Docket No. EL25–
3–000; Docket No. EL25–4–000]
khammond on DSKJM1Z7X2PROD with NOTICES
Tri-State Generation and Transmission
Association, Inc.; Deseret Generation
& Transmission Co-Operative, Inc.;
Basin Electric Power Cooperative, Inc.;
Notice of Institution of Section 206
Proceeding and Refund Effective Date
On October 17, 2024, the Commission
issued an order in Docket Nos. EL25–2–
000, EL25–3–000, and EL25–4–000,
pursuant to section 206 of the Federal
Power Act (FPA), 16 U.S.C. 824e,
instituting an investigation to determine
whether Tri-State Generation and
Transmission Association, Inc.’s,
Deseret Generation & Transmission Cooperative, Inc.’s, and Basin Electric
Power Cooperative, Inc.’s Open Access
Transmission Tariffs are unjust,
unreasonable, unduly discriminatory or
preferential, or otherwise unlawful. Pub.
Serv. Co. of Colo., 189 FERC ¶ 61,028
(2024).
The refund effective date in Docket
Nos. EL25–2–000, EL25–3–000, and
EL25–4–000 established pursuant to
section 206(b) of the FPA, will be the
date of publication of this notice in the
Federal Register.
Any interested person desiring to be
heard in Docket Nos. EL25–2–000,
EL25–3–000, and EL25–4–000 must file
a notice of intervention or motion to
intervene, as appropriate, with the
Federal Energy Regulatory Commission,
in accordance with Rule 214 of the
Commission’s Rules of Practice and
Procedure, 18 CFR 385.214 (2024),
within 21 days of the date of issuance
of the order.
VerDate Sep<11>2014
18:48 Oct 22, 2024
Jkt 265001
In addition to publishing the full text
of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov) using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. From
FERC’s Home Page on the internet, this
information is available on eLibrary.
The full text of this document is
available on eLibrary in PDF and
Microsoft Word format for viewing,
printing, and/or downloading. To access
this document in eLibrary, type the
docket number excluding the last three
digits of this document in the docket
number field. User assistance is
available for eLibrary and the FERC’s
website during normal business hours
from FERC Online Support at 202–502–
6652 (toll free at 1–866–208–3676) or
email at ferconlinesupport@ferc.gov, or
the Public Reference Room at (202) 502–
8371, TTY (202)502–8659. Email the
Public Reference Room at
public.referenceroom@ferc.gov.
The Commission strongly encourages
electronic filings of comments, protests
and interventions in lieu of paper using
the ‘‘eFile’’ link at https://www.ferc.gov.
In lieu of electronic filing, you may
submit a paper copy. Submissions sent
via the U.S. Postal Service must be
addressed to: Debbie-Anne A. Reese,
Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room
1A, Washington, DC 20426.
Submissions sent via any other carrier
must be addressed to: Debbie-Anne A.
Reese, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
The Commission’s Office of Public
Participation (OPP) supports meaningful
public engagement and participation in
Commission proceedings. OPP can help
members of the public, including
landowners, environmental justice
communities, Tribal members and
others, access publicly available
information and navigate Commission
processes. For public inquiries and
assistance with making filings such as
interventions, comments, or requests for
rehearing, the public is encouraged to
contact OPP at (202)502–6595 or OPP@
ferc.gov.
Dated: October 17, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024–24523 Filed 10–22–24; 8:45 am]
BILLING CODE 6717–01–P
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84565
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 5737–032]
Santa Clara Valley Water District;
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Surrender of Exemption,
Schedule for Environmental Review,
and Request for Comments
The staff of the Federal Energy
Regulatory Commission (FERC or
Commission) will prepare an
environmental impact statement (EIS)
that will discuss the environmental
impacts of the Anderson Dam Project
No. 5737 (Exemption) involving the
proposal by the Santa Clara Valley
Water District (Valley Water) to retrofit
the Anderson Dam and to surrender the
Exemption 1 located on Coyote Creek, in
Santa Clara County, California.2 The
surrender of the exemption and the
retrofit of the dam are collectively
referred to as the Project. The
Commission will use this EIS in its
decision-making process in accordance
with the National Environmental Policy
Act (NEPA). The schedule for
preparation of the EIS is discussed in
the Schedule for Environmental Review
section of this notice.3
As part of the NEPA review process,
the Commission takes into account
concerns the public may have about
proposals and the environmental
impacts that could result whenever it
considers the issuance of a surrender
order. This gathering of public input is
referred to as ‘‘scoping.’’ By notice
issued on August 21, 2024, in Docket
No. P–5737–032, the Commission
opened a scoping period to solicit
comments; this scoping period expires
on October 21, 2024; however,
Commission staff continues to accept
comments after the comment period
closes. Staff also held two scoping
sessions in Morgan Hill, CA on August
18 and 19, 2024, to take oral scoping
comments. Commission staff intends to
prepare an EIS that will address the
concerns raised during the scoping
process and comments received in
response to this notice. Therefore, if you
previously submitted comments on this
1 Santa Clara Valley Irrigation District, 28 FERC
¶ 62,276 (1984).
2 The surrender application was filed February
20, 2024, and supplemented on May 20, May 28,
July 2, and July 3, 2024.
3 In accordance with the Council on
Environmental Quality’s regulations, the unique
identification number for documents relating to this
environmental review is EISX–019–20–000–
1727256582. 40 CFR 1502.4(e)(10) (2024).
E:\FR\FM\23OCN1.SGM
23OCN1
84566
Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
Project to the Commission during the
scoping period, you do not need to file
those comments again.
By this notice, the Commission
requests public comments on the scope
of issues to address in the
environmental document, including
comments on potential alternatives and
impacts, and any relevant information,
studies, or analyses of any kind
concerning impacts affecting the quality
of the human environment. To ensure
that your comments are timely and
properly recorded, please submit your
comments so that the Commission
receives them in Washington, DC on or
before 5:00 p.m. Eastern Time on
November 18, 2024.4 Comments may be
submitted in written form. Further
details on how to submit comments are
provided in the Public Participation
section of this notice.
khammond on DSKJM1Z7X2PROD with NOTICES
Public Participation
There are three methods you can use
to submit your comments to the
Commission. The Commission
encourages electronic filing of
comments and has staff available to
assist you at (866) 208–3676 or
FercOnlineSupport@ferc.gov. Please
carefully follow these instructions so
that your comments are properly
recorded.
(1) You can file your comments
electronically using the eComment
feature, which is located on the
Commission’s website (www.ferc.gov)
under the link to FERC Online. Using
eComment is an easy method for
submitting brief, text-only comments on
a Project;
(2) You can file your comments
electronically by using the eFiling
feature, which is located on the
Commission’s website (www.ferc.gov)
under the link to FERC Online. With
eFiling, you can provide comments in a
variety of formats by attaching them as
a file with your submission. New
eFiling users must first create an
account by clicking on ‘‘eRegister.’’ You
will be asked to select the type of filing
you are making; a comment on a
particular Project is considered a
‘‘Comment on a Filing’’; or
(3) You can file a paper copy of your
comments by mailing them to the
4 The Commission’s Rules of Practice and
Procedure provide that, if a filing deadline falls on
a Saturday, Sunday, holiday, or other day when the
Commission is not open for business, the filing
deadline does not end until the close of business
on the next business day. 18 CFR 385.2007(a)(2)
(2024). The filing deadline is 30 days from issuance
of the notice (i.e., November 16, 2024), which falls
on a Saturday, thus the filing deadline is the close
of business Monday, November 18, 2024.
VerDate Sep<11>2014
18:48 Oct 22, 2024
Jkt 265001
Commission. Be sure to reference the
Project docket number (P–5737–032) on
your letter. Submissions sent via the
U.S. Postal Service must be addressed
to: Debbie-Anne A. Reese, Secretary,
Federal Energy Regulatory Commission,
888 First Street NE, Room 1A,
Washington, DC 20426. Submissions
sent via any other carrier must be
addressed to: Debbie-Anne A. Reese,
Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
Additionally, the Commission offers a
free service called eSubscription. This
service provides automatic notification
of filings made to subscribed dockets,
document summaries, and direct links
to the documents. Go to https://
www.ferc.gov/ferc-online/overview to
register for eSubscription.
The Commission’s Office of Public
Participation (OPP) supports meaningful
public engagement and participation in
Commission proceedings. OPP can help
members of the public, including
landowners, environmental justice
communities, Tribal members and
others, access publicly available
information and navigate Commission
processes. For public inquiries and
assistance with making filings such as
interventions, comments, or requests for
rehearing, the public is encouraged to
contact OPP at (202)502–6595 or OPP@
ferc.gov.
Summary of the Proposed Surrender
The purpose of and need for this EIS
is to analyze the exemptee’s proposal to
retrofit the Anderson Dam and to
surrender the Exemption. The proposed
action includes: (1) drawing down the
Anderson reservoir to perform a seismic
retrofit of the dam which would include
removing Anderson Dam in stages and
rebuilding the dam and spillway to meet
public safety requirements; (2)
decommissioning the hydroelectric
facility; (3) implementing conservation
measures downstream of the dam on
Coyote Creek; and (4) surrendering the
hydroelectric exemption. Construction
to retrofit the dam would take
approximately seven years to complete,
proposed to begin in 2026. The proposal
includes various environmental
monitoring plans, site restoration
activities, and mitigation measures
including improvements to Ogier Ponds
and enhancements to the fish passage
facilities at the Coyote Percolation Dam
located downstream and outside of the
Anderson Dam Hydroelectric Project on
Coyote Creek. After the surrender,
Valley Water would continue to
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
maintain Anderson Reservoir and the
rebuilt dam under specific operational
conditions discussed in the surrender
application.
The NEPA Process and the EIS
The EIS issued by the Commission
will discuss impacts that could occur as
a result of the proposed dam retrofit and
surrender under the relevant general
resource areas:
• geology and soils
• water quantity
• water quality
• aquatic resources
• terrestrial resources
• threatened and endangered species
• recreation
• land use
• aesthetic resources
• socioeconomics
• cultural resources
• air quality, noise, and greenhouse
gases; and
• environmental justice.
Commission staff will also make
recommendations on how to lessen or
avoid impacts on the various resource
areas. Some of the expected effects
include: (1) erosion of exposed soils
during and following construction and
associated effects of suspended and/or
contaminated sediments on water
quality; (2) effects on Valley Water’s
municipal water system and
downstream water avalability for
groundwater recharge; (3) aquatic
habitat connectivity and fish passage,
including species listed under the
Endangered Species Act; (4) removal of
existing recreational facilities and the
proposed construction schedule
affecting the visitation to recreational
sites; (5) construction-related effects on
public safety, local roads and traffic,
and emergency response times; (6)
effectiveness of short and long-term
measures to avoid adverse effects on fire
management; (7) the visual and audible
experience of visitors and residents in
the Project vicinity; (8) effects of
reservoir drawdown and construction
on property values around Anderson
Reservoir and Anderson Dam, Morgan
Hill; and Santa Clara County; (9) off-site
effects to air quality and noise along
haul and access routes; and (10) Projectrelated effects on communities with
environmental justice concerns such as
construction traffic and the removal of
recreational facilities. Your comments
will help Commission staff focus its
analysis on the issues that may have a
significant effect on the human
environment.
E:\FR\FM\23OCN1.SGM
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Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
The EIS will present Commission
staff’s independent analysis of the
issues. The U.S. Army Corps of
Engineers (Corps) is a cooperating
agency in the preparation of the EIS.5
Staff will prepare a draft EIS which will
be issued for public comment.
Commission staff will consider all
timely comments received during the
comment period on the draft EIS and
revise the document, as necessary,
before issuing a final EIS. Any draft and
final EIS will be available in electronic
format in the public record through
eLibrary.6 (If eSubscribed, you will
receive instant email notification when
the environmental document is issued.
Alternatives Under Consideration
As part of our review in the NEPA
document, the Commission will
consider a range of reasonable
alternatives that are technically and
economically feasible and meet the
purpose and need for the proposed
action.7 Alternatives that do not meet
these requirements will be summarized
and dismissed from further
consideration in the NEPA document.
Staff will also consider the no-action
alternative. Currently, we are
considering an alternative to the
proposed action that potentially meets
the above criteria: the applicants’
proposed action with staff
modifications.
The alternatives we are considering
may be expanded based on the
comments we receive, provided they
meet the required criteria. With this
notice, we ask commenters to identify
other potential alternatives for
consideration.
Schedule for Environmental Review
On March 21, 2024, the Commission
issued its Notice of Application for
Surrender of Exemption Accepted for
Filing for the Project. This Notice of
Intent identifies Commission staff’s
planned schedule for completion of the
final EIS for the Project, which is based
on an issuance of the draft EIS in May
2025, opening a 45-day public comment
period. All comments filed will be
reviewed by staff and considered in the
Commission’s final decision on the
proceeding.
Issuance of Notice of Availability of the
final EIS—November 21, 2025
In accordance with the Council on
Environmental Quality’s regulations for
EISs, agencies are to make schedules for
Agency
khammond on DSKJM1Z7X2PROD with NOTICES
Additional Information
Additional information about the
Project is available on the FERC website
at www.ferc.gov using the eLibrary link.
Click on the eLibrary link, click on
‘‘General Search’’ and enter the Docket
No. P–5737 in the ‘‘Docket Number’’
field. Be sure you have selected an
appropriate date range. For assistance,
please contact FERC Online Support at
FercOnlineSupport@ferc.gov or (866)
208–3676, or for TTY, contact (202)
502–8659. The eLibrary link also
provides access to the texts of all formal
documents issued by the Commission,
such as orders, notices, and
rulemakings.
Any questions regarding this notice
may be directed to Jennifer Polardino at
jennifer.polardino@ferc.gov, or (202)
502–6437.
5 The Council on Environmental Quality
regulations addressing cooperating agency
responsibilities are at 40 CFR 1501.8.
6 For instructions on connecting to eLibrary, refer
to the last page of this notice.
18:48 Oct 22, 2024
Jkt 265001
completing the NEPA process publicly
available.8 This notice identifies the
Commission’s anticipated schedule for
issuance of the final order for the
Project, which serves as the
Commission’s record of decision. We
currently anticipate issuing a final order
for the Project no later than:
Issuance of the Surrender Order—
February 19, 2026
If a schedule change becomes
necessary, an additional notice will be
provided so that the relevant agencies
are kept informed of the Project’s
progress. After the final EIS is issued,
the Commission will make a decision on
the proposal.
Permits and Authorizations
The table below lists the anticipated
permits and authorizations for the
Project required under federal law. This
list may not be all-inclusive and does
not preclude any permit or
authorization if it is not listed here.
Agencies with jurisdiction by law and/
or special expertise may formally
cooperate in the preparation of the
Commission’s EIS and may adopt the
EIS to satisfy its NEPA responsibilities
related to this Project.
Permit or authorization
U.S. Army Corps of Engineers .................................................................
California State Water Resources Control Board ....................................
VerDate Sep<11>2014
84567
Section 404 of the Clean Water Act Permit.
Section 401 Water Quality Certification.
Dated: October 17, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024–24520 Filed 10–22–24; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP24–508–000]
Rover Pipeline LLC; Notice of
Schedule for the Preparation of an
Environmental Assessment for the
Rover–Sunny Farms Receipt and
Delivery Meter Station Project
On August 2, 2024, Rover Pipeline
LLC (Rover) filed an application in
Docket No. CP24–508–000 requesting a
Certificate of Public Convenience and
Necessity pursuant to Section 7(c) of the
Natural Gas Act to construct facilities at
7 40
CFR 1508.1(hh).
CFR 1501.10(h).
1 In accordance with the Council on
Environmental Quality’s regulations, the unique
8 40
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
a new interconnect on Rover’s mainline
in Hancock County, Ohio. The proposed
project is known as the Rover–Sunny
Farms Receipt and Delivery Meter
Station Project (Project).
On August 16, 2024, the Federal
Energy Regulatory Commission
(Commission or FERC) issued its Notice
of Application for the Project. Among
other things, that notice alerted agencies
issuing federal authorizations of the
requirement to complete all necessary
reviews and to reach a final decision on
a request for a federal authorization
within 90 days of the date of issuance
of the Commission staff’s environmental
document for the Project.
This notice identifies Commission
staff’s intention to prepare an
environmental assessment (EA) for the
Project and the planned schedule for the
completion of the environmental
review.1 The EA will be issued for a 30day comment period.
identification number for documents relating to this
environmental review is EAXX–019–20–000–
1725459309. 40 CFR 1501.5(c)(4) (2024).
E:\FR\FM\23OCN1.SGM
23OCN1
Agencies
[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84565-84567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24520]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 5737-032]
Santa Clara Valley Water District; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Surrender of Exemption,
Schedule for Environmental Review, and Request for Comments
The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the Anderson Dam Project No.
5737 (Exemption) involving the proposal by the Santa Clara Valley Water
District (Valley Water) to retrofit the Anderson Dam and to surrender
the Exemption \1\ located on Coyote Creek, in Santa Clara County,
California.\2\ The surrender of the exemption and the retrofit of the
dam are collectively referred to as the Project. The Commission will
use this EIS in its decision-making process in accordance with the
National Environmental Policy Act (NEPA). The schedule for preparation
of the EIS is discussed in the Schedule for Environmental Review
section of this notice.\3\
---------------------------------------------------------------------------
\1\ Santa Clara Valley Irrigation District, 28 FERC ] 62,276
(1984).
\2\ The surrender application was filed February 20, 2024, and
supplemented on May 20, May 28, July 2, and July 3, 2024.
\3\ In accordance with the Council on Environmental Quality's
regulations, the unique identification number for documents relating
to this environmental review is EISX-019-20-000-1727256582. 40 CFR
1502.4(e)(10) (2024).
---------------------------------------------------------------------------
As part of the NEPA review process, the Commission takes into
account concerns the public may have about proposals and the
environmental impacts that could result whenever it considers the
issuance of a surrender order. This gathering of public input is
referred to as ``scoping.'' By notice issued on August 21, 2024, in
Docket No. P-5737-032, the Commission opened a scoping period to
solicit comments; this scoping period expires on October 21, 2024;
however, Commission staff continues to accept comments after the
comment period closes. Staff also held two scoping sessions in Morgan
Hill, CA on August 18 and 19, 2024, to take oral scoping comments.
Commission staff intends to prepare an EIS that will address the
concerns raised during the scoping process and comments received in
response to this notice. Therefore, if you previously submitted
comments on this
[[Page 84566]]
Project to the Commission during the scoping period, you do not need to
file those comments again.
By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document, including
comments on potential alternatives and impacts, and any relevant
information, studies, or analyses of any kind concerning impacts
affecting the quality of the human environment. To ensure that your
comments are timely and properly recorded, please submit your comments
so that the Commission receives them in Washington, DC on or before
5:00 p.m. Eastern Time on November 18, 2024.\4\ Comments may be
submitted in written form. Further details on how to submit comments
are provided in the Public Participation section of this notice.
---------------------------------------------------------------------------
\4\ The Commission's Rules of Practice and Procedure provide
that, if a filing deadline falls on a Saturday, Sunday, holiday, or
other day when the Commission is not open for business, the filing
deadline does not end until the close of business on the next
business day. 18 CFR 385.2007(a)(2) (2024). The filing deadline is
30 days from issuance of the notice (i.e., November 16, 2024), which
falls on a Saturday, thus the filing deadline is the close of
business Monday, November 18, 2024.
---------------------------------------------------------------------------
Public Participation
There are three methods you can use to submit your comments to the
Commission. The Commission encourages electronic filing of comments and
has staff available to assist you at (866) 208-3676 or
[email protected]. Please carefully follow these instructions
so that your comments are properly recorded.
(1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a Project;
(2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular Project is considered a ``Comment
on a Filing''; or
(3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the Project docket number (P-5737-
032) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
Additionally, the Commission offers a free service called
eSubscription. This service provides automatic notification of filings
made to subscribed dockets, document summaries, and direct links to the
documents. Go to https://www.ferc.gov/ferc-online/overview to register
for eSubscription.
The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at (202)502-6595 or [email protected].
Summary of the Proposed Surrender
The purpose of and need for this EIS is to analyze the exemptee's
proposal to retrofit the Anderson Dam and to surrender the Exemption.
The proposed action includes: (1) drawing down the Anderson reservoir
to perform a seismic retrofit of the dam which would include removing
Anderson Dam in stages and rebuilding the dam and spillway to meet
public safety requirements; (2) decommissioning the hydroelectric
facility; (3) implementing conservation measures downstream of the dam
on Coyote Creek; and (4) surrendering the hydroelectric exemption.
Construction to retrofit the dam would take approximately seven years
to complete, proposed to begin in 2026. The proposal includes various
environmental monitoring plans, site restoration activities, and
mitigation measures including improvements to Ogier Ponds and
enhancements to the fish passage facilities at the Coyote Percolation
Dam located downstream and outside of the Anderson Dam Hydroelectric
Project on Coyote Creek. After the surrender, Valley Water would
continue to maintain Anderson Reservoir and the rebuilt dam under
specific operational conditions discussed in the surrender application.
The NEPA Process and the EIS
The EIS issued by the Commission will discuss impacts that could
occur as a result of the proposed dam retrofit and surrender under the
relevant general resource areas:
geology and soils
water quantity
water quality
aquatic resources
terrestrial resources
threatened and endangered species
recreation
land use
aesthetic resources
socioeconomics
cultural resources
air quality, noise, and greenhouse gases; and
environmental justice.
Commission staff will also make recommendations on how to lessen or
avoid impacts on the various resource areas. Some of the expected
effects include: (1) erosion of exposed soils during and following
construction and associated effects of suspended and/or contaminated
sediments on water quality; (2) effects on Valley Water's municipal
water system and downstream water avalability for groundwater recharge;
(3) aquatic habitat connectivity and fish passage, including species
listed under the Endangered Species Act; (4) removal of existing
recreational facilities and the proposed construction schedule
affecting the visitation to recreational sites; (5) construction-
related effects on public safety, local roads and traffic, and
emergency response times; (6) effectiveness of short and long-term
measures to avoid adverse effects on fire management; (7) the visual
and audible experience of visitors and residents in the Project
vicinity; (8) effects of reservoir drawdown and construction on
property values around Anderson Reservoir and Anderson Dam, Morgan
Hill; and Santa Clara County; (9) off-site effects to air quality and
noise along haul and access routes; and (10) Project-related effects on
communities with environmental justice concerns such as construction
traffic and the removal of recreational facilities. Your comments will
help Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
[[Page 84567]]
The EIS will present Commission staff's independent analysis of the
issues. The U.S. Army Corps of Engineers (Corps) is a cooperating
agency in the preparation of the EIS.\5\ Staff will prepare a draft EIS
which will be issued for public comment. Commission staff will consider
all timely comments received during the comment period on the draft EIS
and revise the document, as necessary, before issuing a final EIS. Any
draft and final EIS will be available in electronic format in the
public record through eLibrary.\6\ (If eSubscribed, you will receive
instant email notification when the environmental document is issued.
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\5\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at 40 CFR 1501.8.
\6\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration
As part of our review in the NEPA document, the Commission will
consider a range of reasonable alternatives that are technically and
economically feasible and meet the purpose and need for the proposed
action.\7\ Alternatives that do not meet these requirements will be
summarized and dismissed from further consideration in the NEPA
document. Staff will also consider the no-action alternative.
Currently, we are considering an alternative to the proposed action
that potentially meets the above criteria: the applicants' proposed
action with staff modifications.
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\7\ 40 CFR 1508.1(hh).
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The alternatives we are considering may be expanded based on the
comments we receive, provided they meet the required criteria. With
this notice, we ask commenters to identify other potential alternatives
for consideration.
Schedule for Environmental Review
On March 21, 2024, the Commission issued its Notice of Application
for Surrender of Exemption Accepted for Filing for the Project. This
Notice of Intent identifies Commission staff's planned schedule for
completion of the final EIS for the Project, which is based on an
issuance of the draft EIS in May 2025, opening a 45-day public comment
period. All comments filed will be reviewed by staff and considered in
the Commission's final decision on the proceeding.
Issuance of Notice of Availability of the final EIS--November 21, 2025
In accordance with the Council on Environmental Quality's
regulations for EISs, agencies are to make schedules for completing the
NEPA process publicly available.\8\ This notice identifies the
Commission's anticipated schedule for issuance of the final order for
the Project, which serves as the Commission's record of decision. We
currently anticipate issuing a final order for the Project no later
than:
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\8\ 40 CFR 1501.10(h).
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Issuance of the Surrender Order--February 19, 2026
If a schedule change becomes necessary, an additional notice will
be provided so that the relevant agencies are kept informed of the
Project's progress. After the final EIS is issued, the Commission will
make a decision on the proposal.
Permits and Authorizations
The table below lists the anticipated permits and authorizations
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the Commission's
EIS and may adopt the EIS to satisfy its NEPA responsibilities related
to this Project.
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Agency Permit or authorization
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U.S. Army Corps of Engineers........... Section 404 of the Clean Water
Act Permit.
California State Water Resources Section 401 Water Quality
Control Board. Certification.
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Additional Information
Additional information about the Project is available on the FERC
website at www.ferc.gov using the eLibrary link. Click on the eLibrary
link, click on ``General Search'' and enter the Docket No. P-5737 in
the ``Docket Number'' field. Be sure you have selected an appropriate
date range. For assistance, please contact FERC Online Support at
[email protected] or (866) 208-3676, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
Any questions regarding this notice may be directed to Jennifer
Polardino at [email protected], or (202) 502-6437.
Dated: October 17, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024-24520 Filed 10-22-24; 8:45 am]
BILLING CODE 6717-01-P