[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Notices]
[Pages 47764-47766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18337]


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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.

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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 [email protected] 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