[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30056-30057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10377]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / 
Notices  

[[Page 30056]]



DEPARTMENT OF AGRICULTURE

Forest Service


Canyon Lakes Ranger District, Arapaho and Roosevelt National 
Forests and Pawnee National Grassland, Colorado Re-issuance of Long 
Draw Reservoir Special Use Authorization to Occupy National Forest 
System Land

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

-----------------------------------------------------------------------

SUMMARY: The Arapaho and Roosevelt National Forests and Pawnee National 
Grassland (Forest) is proposing to reissue a special use authorization 
in the form of an easement to Water Supply and Storage Company of Fort 
Collins, Colorado for Long Draw Reservoir and Dam to occupy National 
Forest System (NFS) lands. The authorization would allow for use of 
approximately 54 acres of NFS land surrounding a United States 
Department of Interior Easement, the occupancy of which resulted from a 
1975 expansion of the original reservoir. The facility stores and 
releases water as part of a network of water facilities.

DATES: Comments concerning the scope of the analysis must be received 
by June 24, 2005. The draft environmental impact statement is expected 
in August 2006 and the final environmental impact statement is expected 
in April 2007.

ADDRESSES: Send written comments to James S. Bedwell, Forest 
Supervisor, Arapaho and Roosevelt National Forests and Pawnee National 
Grassland, Attention: Lisa Subcasky, 2150 Centre Avenue, Building E, 
Fort Collins, Colorado 80526-8119. Telephone number: (970) 295-6600. 
Fax number: (970) 295-6696.

FOR FURTHER INFORMATION CONTACT: Lisa Subcasky, Project Leader, at 
(970) 295-6656, Arapaho and Roosevelt National Forests and Pawnee 
National Grassland, 2150 Centre Avenue, Building E, Fort Collins, 
Colorado 80526-8119.

SUPPLEMENTARY INFORMATION: Long Draw Reservoir is located approximately 
35 miles west of Fort Collins in Larimer County in sections 10, 11, 15 
and 16, T. 6 N., R. 75 W., 6th P.M. Long Draw Reservoir has a storage 
capacity of 10,800 acre feet and is owned and operated by Water Supply 
and Storage Company. The facility stores water from the Colorado River, 
which is imported across the continental divide through the Grand 
Ditch. In addition, the reservoir stores native water from La Poudre 
Pass Creek (also known as Long Draw Creek), a tributary of the Cache la 
Poudre River. The water from the reservoir is released into La Poudre 
Pass Creek and then into the Cache la Poudre River and used for 
irrigation or traded to other water users. The City of Thornton owns 
shares in Water Supply and Storage Company and has long term plans to 
transport water to the City for municipal use. La Poudre Pass Creek 
below the impoundment is inside Rocky Mountain National Park boundary. 
The Cache la Poudre River is a tributary of the South Platte River, 
which joins the North Platte in Nebraska to form the Platte River. The 
Platte River is a tributary of the Missouri River.
    Although water is stored in Long Draw Reservoir throughout the 
winter, most storage occurs in May and June. When the reservoir is full 
or no longer in priority to store water, additional flow, both native 
and imported is passed through the reservoir. Water is typically 
released from reservoir storage in July and August. The gates of the 
reservoir are shut when the Grand Ditch is closed in preparation for 
winter, usually in October. All native flow is stored, and no water is 
released throughout the winter months until the Grand Ditch is reopened 
the following spring, usually in April or May. Reservoir seepage and 
groundwater inflow provide some flow at times during the winter. This 
leaves the stream channel immediately below the dam with little or no 
water flowing during that time. Because some of the effects of this 
facility occur on lands administered by the United States Department of 
Interior, National Park Service, Rocky Mountain National Park, that 
agency has been asked to be a cooperating agency in this analysis.
    Construction of Long Draw Reservoir was completed in 1929 then 
enlarged and the dam rebuilt in 1974. The facility was authorized by a 
special use permit in 1978. This permit expired December 31, 1991 and 
was granted an extension until January 31, 1994. In 1993 the Forest 
published a Notice of Intent to prepare an EIS for the reissuance of 
special use permit to occupy NFS land and a Record of Decision (ROD) 
was signed on July 29, 1994. The decision was to issue a special use 
easement for continued occupancy of NFS land contingent upon Water 
Supply and Storage Company participating in a Joint Operating Plan 
dated May 18, 1994. Six months after the ROD was signed the Forest 
executed a fifty-year easement to Water Supply and Storage Company. 
Trout Unlimited challenged this action by filing suit against the 
United States Department of Agriculture, et al. The Forest decision to 
authorize the continued use of Long Draw did not require bypass flows 
as a condition of use. Instead, the Forest accepted Water Supply and 
Storage Company's participation in a Joint Operation Plan, which 
increases winter flows in Joe Wright Creek and the Cache la Poudre 
River as mitigation for periods of no flow from the reservoir. In April 
2004 the U.S. District Court for the District of Colorado reversed the 
decision of the Forest Service to issue an easement for Long Draw 
Reservoir without requiring bypass flows. The Court also confirmed the 
authority of the Forest Service to impose bypass flows during 
reauthorizations of permits or rights-of-way under the Federal Land 
Policy and Management Act for the operation and maintenance of water 
supply facilities on NFS lands. Based on the Court's decision the 
Forest is reanalyzing this project.
    Purpose and Need for Action: Long Draw Reservoir and Dam is used to 
store water from La Poudre Pass Creek (also known as Long Draw Creek), 
and from the Colorado River which is imported across the continental 
divide through the Grand Ditch. The water from the reservoir is 
released into La Poudre Pass Creek and then into the Cache la Poudre 
River. The water is used for irrigation or traded to other water 
providers and in the long term, to provide municipal water to the city 
of Thornton. The need is for a re-authorization to occupy NFS land that 
minimizes damage to scenic

[[Page 30057]]

and aesthetic values and fish and wildlife habitat and otherwise 
protect the environment.
    Proposed Action: The proposed action is to re-issue a special use 
authorization to Water Supply and Storage to allow the continued use of 
Long Draw Reservoir and Dam.
    Lead and Cooperating Agencies: Lead Agency: USDA Forest Service, 
Cooperating Agency: USDI National Park Service, Rocky Mountain National 
Park.
    Responsible Official: James S. Bedwell, Forest Supervisor, Arapaho 
and Roosevelt National Forests and Pawnee National Grassland, 2150 
Centre Avenue, Building E, Fort Collins, CO 80526.
    Nature of Decision To Be Made: The deciding officer will decide 
whether to implement the proposed action, take an alternative action 
that meets the purpose and need, or take no action.
    Scoping Process: The project will be included in the Arapaho and 
Roosevelt National Forests and Pawnee National Grasslands quarterly 
schedule of proposed actions. Information on the proposed action will 
also be posted on the Forest Web site, http://www.fs.fed.us/r2/arnf/projects/ea-projects/clrd/index.shtml and will be advertised in the 
Denver Post. A scoping letter will be mailed to a Forest wide mailing 
list, known to be interested in Forest management. Comments submitted 
in response to this NOI will be most useful if received within 30 days 
from the date of this notice. Response to the draft EIS will be sought 
from the interested public beginning in September 2006.
    Preliminary Issues:

Local Impacts to Stream Flows, Aquatic Dependent Species and Fish

    Directly below the reservoir, changes in stream channel morphology 
and water quantity affect the aquatic ecosystem and fish habitat. Fish 
abundance is often dictated by habitat conditions that occur during 
base flow (winter) periods. Over-winter survival defines fish 
population for many streams. The amounts of stream flow that occurs 
during these critical periods can affect fish densities, biomass 
species composition and distribution. The extended periods of zero flow 
below Long Draw Reservoir and the resulting reduction in habitat 
represent total loss of habitat in some locations. These habitat 
conditions preclude the maintenance of self-sustaining fish populations 
immediately downstream of Long Draw Dam.

Downstream Impacts to Threatened, Endangered, Sensitive and Management 
Indicator Species

    Several threatened and endangered species found downstream in 
Colorado and Nebraska, including fish, birds, plants and an insect, 
would likely be affected based on the previous EIS. The list of species 
to be assessed will be developed with concurrence by the U.S.D.I. Fish 
and Wildlife Service.
    Other species dependent or closely associated with water from the 
Rocky Mountain Region's Sensitive Species list and the Arapaho and 
Roosevelt National Forests and Pawnee National Grassland Management 
Indicator Species list will also be evaluated for effects due to the 
proposed action. Combined with effects of the many other water 
development projects in the North and South Platte drainages, the 
project contributes to the cumulative dewatering of the Platte River 
system, which has jeopardy implications to downstream threatened and 
endangered species as identified in the previous EIS.
    Comment Requested: This notice of intent initiates the scoping 
process which guides the development of the environmental impact 
statement.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A draft environmental impact statement will be 
prepared for comment. The comment period on the draft environmental 
impact statement will be 45 days from the date the Environmental 
Protection Agency publishes the notice of availability of the Federal 
Register.
    The Forest Service believes, 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 45 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 Forest Service 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 503.3 is addressing these points.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21

    Dated: May 11, 2005.
James S. Bedwell,
Forest Supervisor.
[FR Doc. 05-10377 Filed 5-24-05; 8:45 am]
BILLING CODE 3410-11-M