[Federal Register: July 22, 2002 (Volume 67, Number 140)]
[Notices]
[Page 47764-47766]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy02-29]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Notice of Intent To Prepare an Environmental Impact Statement
AGENCY: Forest Service, Santa Fe National Forest, USDA, and Bureau of
Land Management, Taos Field Office, Interior.
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The USDA Forest Service (FS) and USDI Bureau of Land
Management (BLM) will prepare an environmental impact statement (EIS)
on a proposal that if authorized would permit the construction and
operation of the Buckman Water Diversion Project on public lands
managed by the FS and BLM, Santa Fe County, New Mexico. The City of
Santa Fe (City), Santa Fe County (County), and Las Campanas Limited
Partnership (Las Campanas) have each submitted Special Use Applications
(SUP) requesting the use of these lands for this water diversion
project.
The facilities necessary to implement this project include an
intake structure on the eastern bank of the Rio Grande; sediment
settling ponds (or an equivalent technical means of removing sand
before pumping the water away from the river); pumps and pipes to move
the water approximately 15 miles to the vicinity of its use, and two
water treatment plants (one located on private land and one located on
land leased by the City from the BLM), where the raw water will be
treated to safe drinking water standards.
Estimated water diversion quantities used for the analysis will be
based on annual demand projections that extend to the year 2010 for the
City and County, while the demand for Las Campanas is projected for a
longer period (e.g. to community build out). These projections
translate to approximately 8,750 acre feet per year (AFY), currently
estimated to be 5,230 AFY for the City; 1,700 AFY for the County; and
1,800 AFY for Las Campanas. The proposed diversion facility is sized
for a combined net peak diversion of approximately 28.2 cubic feet per
second (cfs).
The agencies invite written comments and suggestions on the scope
of the analysis. The agencies also hereby give notice of the
environmental analysis and decision-making process that will occur on
the proposal so interested and affected people are aware of how they
may participate and contribute to the final decision.
DATES: Comments concerning the scope of the proposed project must be
received no later than September 5, 2002. Refer to Supplemental
Information regarding public disclosure of submitted comment
information.
ADDRESSES: Send written comments to Mr. Sandy Hurlocker, NEPA
Coordinator, USDA-FS, Espa[ntilde]ola Ranger District, P.O. Box 3307,
Espa[ntilde]ola, New Mexico, 87533. Electronic mail (e-mail) may be
sent to shurlocker@fs.fed.us and FAX may be sent to (505) 753-9411.
FOR FURTHER INFORMATION CONTACT: Sandy Hurlocker, NEPA Coordinator,
Espa[ntilde]ola Ranger District, (505) 753-7331.
SUPPLEMENTARY INFORMATION: Continuing water shortages in the City of
Santa Fe and the surrounding area have resulted in a critical and
immediate need for developing a sustainable means of accessing water
supplies. The Buckman Well Field is being used to access existing water
rights. However, the well field cannot provide a reliable source of
water due to declining well yields, significant drops in ground water
levels near the well field, and potential limitations to pumping due to
depletions of nearby streams. Even at current levels undesirable
consequences to ground water levels and nearby streams are expected to
occur unless an alternate supply is found for the near term.
The project applicants (City of Santa Fe, Santa Fe County, and Las
Campanas Limited Partnership) have proposed the Buckman Water Diversion
Project to meet the immediate need for a sustainable means of accessing
water supplies that make more direct use of the Applicants' water
rights by diverting San Juan-Chama Project water and native Rio Grande
water while reducing impacts to the aquifer.
Proposed Action: The Applicants propose to construct and operate a
surface water diversion facility at the Rio Grande near the western
terminus of Buckman Road located within the Santa Fe National Forest,
near the existing Buckman water management area (also known as the
Buckman Well Field). The water will be pumped to the Santa Fe vicinity,
where it will serve municipal and community water supply customers.
The Buckman Water Diversion Project will involve diversion of San
Juan-Chama water, which is released from storage in upstream
reservoirs, and native Rio Grande water. The Buckman diversion is
proposed to be constructed with the capacity necessary to meet the
near-term need for water, based on various physical, technical, and
environmental limitations. This proposed project has an independent
utility from the long-term water management strategy being undertaken
by the City and the County.
At this point in the analysis, the only alternative to the proposed
action identified is the no action alternative.
The USDA Forest Service (FS) and USDI Bureau of Land Management
(BLM) are co-lead agencies. The USDI Bureau of Reclamation
(Reclamation), the City of Santa Fe (City), and Santa Fe County
(County) have been granted cooperating agency status in accordance with
40 CFR 1501.6. Reclamation is participating as a cooperating agency
because it may contribute federal funds to the project.
The responsible Officials are the Forest Supervisor, Santa Fe
National Forest 1474 Rodeo Road, P.O. Box 1689, Santa Fe, NM, 87504-
1689, and the Taos Area Manager for the Taos Field office of the BLM,
226 Cruz Alta Taos, NM 87571.
The NEPA decision to be made by FS and BLM officials is whether or
not to authorize the construction and operations/maintenance of the
Buckman water diversion project facilities on FS and BLM managed lands
as proposed by the applicants, or an alternative to the proposed
facilities.
The scoping process will include public meetings, field reviews and
interaction with various Federal and State agencies. Public scoping
meetings will be announced in area media, as well as posted on Forest
Service and BLM Internet sites. Meetings are expected to occur between
June and August of 2002 as part of the initial scoping for the project.
Additional public meetings will be held once the Draft EIS is available
for review.
Preliminary issues include the following:
Impacts (both beneficial and adverse) to water resources.
Impacts of construction to existing infrastructure (roads,
powerlines, buried utilities)
Impacts to fish and aquatic habitats
Impacts to recreation use, including river guides, as well
as the scenic resources associated with the area.
[[Page 47765]]
Impacts of traffic. This includes short-term increases
caused by construction traffic as well as longer-term increases in
traffic resulting from proposed road improvements.
In addition to evaluating these preliminary issues, the
environmental evaluation will assess the potential effects that the
proposed project may have on Indian trust assets, as well as assessing
the potential effects that the proposed project may have on minority
and low-income populations. Economic impacts of the proposed action as
well as no action will be considered, as will other social
considerations.
In addition to the permits issued by the Forest Service and BLM,
the following permits may be necessary for implementation of the
project:
US Army Corps of Engineers--Section 404 Permit (including
Section 10 Navigable Waters, Section 401 Water Quality Certification,
etc.). Includes both in-river construction and construction and
construction in designated arroyos (e.g., pipeline crossings).
Coordination with FEMA may be required to cover changes to 100-year
flood levels or for construction of facilities in 100-year floodplain.
US Environmental Protection Agency, Region VI--National
Pollution Discharge Elimination System (NPDES) Permit for settled sand
return line from sedimentation pond to Rio Grande.
The following permits may be required by the State of New Mexico:
Office of the State Engineer--Application for approval of
a permit to Divert Surface Water and for a Point of Diversion for San
Juan-Chama Water (City and County), and a permit to Change of Place and
Purpose and Use and Point of Diversion for native Rio Grande water
(County and Las Campanas).
Environment Department--Certification of federal NPDES
discharge permit.
Environment Department--Construction storm water NPDES
permits for construction of diversion and near-river facilities,
pipelines, booster stations, water treatment plants, and treated water
distribution piping.
Environment Department--Review of plans & specifications
for compliance with Safe Drinking Water Act and related rules.
Land Use Office--Right-of-way permit for facilities on
State Lands.
Office of Cultural Affairs, Historic Preservation
Division--Section 106 Historic Preservation Permit (requirements
typically covered via EIS NHPA review).
The following permits may be required by the County and City:
Santa Fe County--Land Development Permit; Building Permit
(near-river facilities and booster station facilities); Floodplain
Development Permit.
City of Sant Fe--Wastewater Discharge Permit for reject
water or any other discharges from the Water Treatment Facility to the
City sanitary sewer system; Approved Development Plan; Building Permit,
Grading Permit, and Utilities Permit; Noise Permit (only if any
construction work in the City is to be performed outside the hours of 6
am to 8 pm); Temporary (construction) and permanent easements or
rights-of-way for land ownerships other than those already listed
(e.g., railroads).
Actual permits required will depend upon the selected alternative.
Comment Requested
This notice of intent initiates the scoping process that guides the
development of the environmental impact statement. The lead agencies
invite written comments and suggestions on the proposed action,
including any issues to consider, as well as any concerns relevant to
the analysis. In order to be most useful, scoping comments should be
received within 45 days of publication of this Notice of Intent.
Comments received in response to this notice, including names and
addresses of those who comment, will be considered part of the public
record on this Proposed Action and will be available for public
inspection. If you wish to withhold your name or street address from
public review or from disclosure under the Freedom of Information Act
(FOIA), you must state this prominently at the beginning of your
written comment. Such requests will be honored to the extent allowed by
law, but persons requesting such confidentiality should be aware that
under the FOIA, confidentiality may be granted in only very limited
circumstances, such as to protect trade secrets. The Forest Service
will inform the requester of the agency's decision regarding the
request for confidentiality, and where the request is denied, the
agency will return the submission and notify the requester that the
comments may be resubmitted with or without name and address within a
specified number of days. All submissions from organizations and
business, and from individuals identifying themselves as
representatives or officials of organizations or businesses, will be
available for public inspection in their entirety.
Comments submitted anonymously will be accepted and considered;
however, those who submit anonymous comments will not have standing to
appeal the subsequent decision under 36 CFR part 215.
A draft environmental impact statement will be prepared for
comment. The comment period on the draft environmental impact statement
will be 60 days from the date the Environmental Protection Agency
publishes the notice of availability in the Federal Register.
At this early stage, it is important to give reviewers notice of
several court rulings related to public participation in the
environmental review process. First, reviewers of draft environmental
impact statements must structure their participation in the
environmental review of the proposal so that it is meaningful and
alerts an agency to the reviewer's position and contentions. Vermont
Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,553 (1978).
Also, environmental objections that could be raised at the draft
environmental impact statement stage but that are not raised until
after completion of the final environmental impact statement may be
waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this proposed action
participate by the close of the 60-day comment period so that
substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider them and respond to
them in the final environmental impact statement.
To assist the lead agencies in identifying and considering issues
and concerns on the proposed action, comments on the draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft statement. Comments may also address the adequacy of the draft
environmental impact statement or the merits of the alternatives
formulated and discussed in the statement. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.
The draft environmental impact statement is expected in June of
2003 and the final environmental impact statement is expected in
November of 2003.
[[Page 47766]]
(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21)
Dated: May 24, 2002.
Leonard Atencio,
Santa Fe Forest Supervisor.
Ron Huntsinger,
Taos Field Manager.
[FR Doc. 02-18337 Filed 7-19-02; 8:45 am]
BILLING CODE 3410-11-M
This archive was generated by hypermail 2b29 : 2002/07/22 EST