[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Notices]
[Pages 24215-24216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9581]


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DEPARTMENT OF AGRICULTURE

Forest Service


Crooked Creek Reservoir Repair; White River National Forest, 
Eagle County, CO

AGENCY: Forest Service, USDA.

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

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SUMMARY: The White River National Forest will prepare an environmental 
impact statement (EIS) to disclose the environmental effects of 
repairing the Crooked Creek Reservoir, Saffeels Ditch, and other 
associated activities in the project area.

DATES: Comments concerning the scope of the analysis should be received 
by May 30, 2008. The draft EIS is expected in July 2008 and the final 
EIS is expected in September 2008.

ADDRESSES: Send written comments to Ronald R. Mobley, White River 
National Forest Supervisors Office, PO Box 948, Glenwood Springs, CO 
81602-0948, Fax: (970) 945-3288, E-mail: [email protected]. Please include ``Crooked Creek Reservoir Repairs'' 
in the subject line.

FOR FURTHER INFORMATION CONTACT: Ronald R. Mobley, Civil Engineer, 
White River National Forest, 900 Grand Avenue, Glenwood Springs, CO 
81602, (970) 945-3268.

SUPPLEMENTARY INFORMATION:
    Crooked Creek Reservoir (CCR) and the Saffeels Ditch (SD) are 
located approximately 23 miles south east of Eagle, Colorado on the 
Aspen-Sopris Ranger District of the White River National Forest. In 
September of 2005, a sinkhole was discovered on the crest/upstream 
interface of Crooked Creek dam. The crest of the dam is used as a 
portion of Eagle/Thomasville Road (National Forest System Road (NFSR) 
400). The sinkhole was directly above the primary spillway culvert and 
within the travel lane across the crest of the dam, posing a threat to 
the health and safety of the public. A temporary fix was performed in 
2006 to mitigate the immediate health and safety threat.
    Additionally, the reservoir's emergency spillway is a shallow 
drainage channel leading to a 48-inch by 60-inch culvert that crosses 
under NFSR 400. The culvert shows signs of major deterioration and 
poses a health and safety risk if it were to fail. Meanwhile, heavy 
vegetation restricts the flow of water through the emergency spillway. 
Also, approximately 400 feet of dam toe-drain-pipe was originally 
installed incorrectly and now poses a threat to the integrity of the 
dam.
    Finally, the SD (which is east and north of the CCR) and associated 
water rights were acquired by the Forest Service in 1994. Since that 
time minimal work has been performed on the SD limiting the options for 
using the associated water rights.

Purpose and Need for Action

    The purpose of this project is to repair the Crooked Creek 
Reservoir (CCR) spillways, a portion of the CCR's toe-drain pipe and 
the Saffeels Ditch (SD). Additionally, there is an opportunity to 
address the following needs within the same geographic location:
     Allow the Agency to store its decreed water rights 
(approximately 211 acre-feet) from Crooked Creek, Middle Creek and 
Little Lime Creek in CCR;
     Determine how to use one (1) cubic foot per second (cfs) 
of water from the SD;
     Reclaim the CCR borrow area;
     Reduce impacts from beaver activity at the CCR primary 
spiliway culvert and culverts on NSFR 400 and NFSR 507;
     Maintain or improve wetland functions in the area;
     Enhance wildlife and fish habitat around CCR;
     Manage recreation use at CCR.

Proposed Action

    To meet the purpose and need of repairing the Crooked Creek 
Reservoir and Saffeels Ditch, and to address associated opportunities, 
the following actions are proposed:
     Remove the existing primary spillway pipe and construct a 
new outlet system, which would consist of a new primary spillway pipe, 
new concrete drop inlet structure with a head gate control mechanism, 
and an adequate discharge basin. The new outlet system may allow the 
storage capacity of CCR to increase from 50 acre-feet of water to 
approximately 211 acre-feet;
     Remove and replace the toe-drain pipe;
     Remove and replace the existing pipe that is connected to 
the emergency spillway;
     Excavate the emergency spillway channel to remove 
vegetation that is impeding water flow and place riprap in the channel 
to prevent erosion;
     Create a beaver deceiver at the primary spillway culvert 
to prevent beaver from impeding the spillway water flow;
     Create beaver deceivers where Little Lime Creek and 
Crooked Creek cross NFSR 400 and where Lime Creek crosses NSFR 507 to 
reduce roadway erosion;
     Alter the ponds upstream from CCR to improve wetland 
functions;
     Develop wildlife and fish habitat by transplanting aquatic 
and riparian vegetation;
     Create nest and perch structures by knocking off the tops 
of select conifer trees, and mounding soil within the reservoir;
     Construct viewing platforms, signs, parking areas, trails, 
and designated camping areas.

Possible Alternatives

    As required by the NEPA, the Forest Service will also analyze the 
effects of ``No Action,'' which includes not implementing the repairs 
to the Crooked Creek Reservoir and Safeels Ditch and associated 
opportunities. The development of any other alternatives will be 
completed following public response to scoping and published in the 
draft EIS.

Responsible Official

    The responsible official for this project is the Aspen-Sopris 
District Ranger located at 620 Main Street, Carbondale, CO 81623.

Nature of Decision To Be Made

    Given the purpose and need, the responsible official will review 
the proposed action and any alternatives developed in order to answer 
the following questions:
     Should the Forest Service repair the CCR spillways and 
toe-drain pipe? If so, when?
     Should the Forest Service repair SD? If so, when?
     How should the Forest Service use the one (1) cfs of water 
from the SD?
     Should the Forest Service raise the water level of CCR? If 
so, how much?
     Should the Forest Service implement any of the 
opportunities associated with repairs to CCR? If so, which 
opportunities and when?

[[Page 24216]]

     What mitigation, if any, is necessary?

Scoping Process

    Scoping is an ongoing activity throughout the planning process. An 
important part of scoping is identification of public concerns and/or 
unresolved issues. A copy of this Notice of Intent will be mailed to 
people and organizations on the White River National Forest's mailing 
list that have indicated a specific interest in the area around Crooked 
Creek Reservoir. The public will be notified of any meetings regarding 
this proposal by mailings and or press releases sent to applicable 
newspapers and other media. At this time there are not any meetings 
planned for this proposed action.

Preliminary Issues

    The following issues related to the proposed action have been 
identified:
     Raising the water level may increase the dam hazard 
rating. While repairing the dam may reduce the probability of a 
failure, the downstream impact of a failure may increase. A dam failure 
could impact NFSR 400, NFSR 105 and a residence located at the 
confluence of Lime Creek and the Frying Pan River.
     Raising the water level of the reservoir may impact 
historical and cultural resources and wetlands in the geographic area.

Permits or Licenses Required

    The Forest Service will need to obtain a 404 Permit. Section 404 of 
the Clean Water Act requires approval by the Army Corps of Engineers 
prior to the construction of dams and weirs, riprap placement and road 
fills in order to protect the nation's waterways.

Comment Requested

    This notice of intent initiates the scoping process under NIEPA, 
which guides the development of the EIS. Comments concerning the scope 
of this project should be received on or before May 30, 2008. The 
forest's desire is to receive comments on the merits of the Proposed 
Action, as well as comments that address errors, misinformation, or 
information that has been omitted. Comments should have a direct 
relationship to the proposal and include supporting reasons for the 
Responsible Official's consideration.

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 in 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 reviewers 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 1503.3 in 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: April 18, 2008.
Irene L. Davidson,
District Ranger.
 [FR Doc. E8-9581 Filed 5-1-08; 8:45 am]
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