[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Notices]
[Pages 59965-59967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27787]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Notice of Intent To Revise Scope of Draft Environmental Impact 
Statement for Updating the Water Control Manuals for the Apalachicola-
Chattahoochee-Flint River Basin To Account for Federal District Court 
Ruling

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.

ACTION: Notice of intent.

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SUMMARY: Notice is hereby given that the U.S. Army Corps of Engineers 
(Corps), Mobile District, intends to revise the scope of the 
Environmental Impact Statement (EIS) for the Water Control Manuals 
updates for the Apalachicola-Chattahoochee-Flint (ACF) River Basin in 
Alabama, Florida, and Georgia, to account for a July 17, 2009 Federal 
court ruling. On July 17,

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2009, Judge Paul A. Magnuson issued a memorandum and order in the case 
In re Tri-State Water Rights Litigation (M.D. Fla. No. 3:07-md-01), 
addressing the Corps' authority to provide water supply benefits 
through its operation of the Buford Dam/Lake Sidney Lanier project. The 
Corps solicits comments from interested persons regarding significant 
new information and circumstances introduced by the July 17, 2009, 
Order related to the scope of the EIS in connection with the water 
control manual updates. Public comments will be considered in 
preparation of the Draft EIS and updated water control manuals.
    A Notice of Intent (NOI) to prepare an Environmental Impact 
Statement (EIS) was published in the Federal Register (73 FR 9780) on 
February 22, 2008. In January 2009, after considering public comments, 
the Corps published a Final Scoping Report, Environmental Impact 
Statement, Update of the Apalachicola-Chattahoochee-Flint (ACF) River 
Basin, in Alabama, Florida, and Georgia, available at http://www.sam.usace.army.mil/pa/acf-wcm/. Any comments previously submitted 
will be reviewed and addressed in any scoping revisions. There is no 
need to resubmit comments previously provided during the 2008 scoping 
effort, unless in your opinion the above-cited district court decision 
necessitates additional comments from you.

DATES: The public comment period will commence with publication of this 
notice, and will end 45 days after its publication. This notice will 
also be distributed to those who commented during the original scoping 
period of October-December 2008. This distribution will occur by mail 
and/or e-mail on or about the date of this notice. No additional public 
scoping meetings are planned. Comments on the scope of the EIS, 
including concerns, issues, or proposed alternatives that should be 
considered in the EIS, should be submitted in writing to (see 
ADDRESSES) and will be accepted throughout the public comment period. 
Comments may also be submitted by using the electronic comment form at: 
http://www.sam.usace.army.mil/pa/acf-wcm/mail_list.htm#form.

ADDRESSES: To facilitate the Master Water Control Manual update, a 
support contract has been awarded to Tetra Tech, Inc. for preparation 
of the EIS and additional scoping. Please mail written comments to 
Tetra Tech, Inc., 107 Saint Francis Street, Ste. 1403, Mobile, AL 
36602-9986.

FOR FURTHER INFORMATION CONTACT: Questions about the manual update or 
National Environmental Policy Act (NEPA) process should be directed to: 
Mr. Brian Zettle, Biologist, Environment and Resources Branch, Planning 
and Environmental Division, U.S. Army Engineer District-Mobile, Post 
Office Box 2288, Mobile, AL 36628-0001; Telephone (251) 690-2115; or 
delivered by electronic facsimile at (251) 694-3815; or e-mail: 
[email protected]. You may also request to be included on 
the mailing list for public distribution of notices, meeting 
announcements and documents.

SUPPLEMENTARY INFORMATION: The Corps is updating the water control 
plans and manuals for the ACF Basin. This effort will include an 
updated Master Water Control Manual, containing plans for the 
coordinated operation of the five Federal reservoirs within the ACF 
basin as a system, and updated Water Control Manuals for each of those 
reservoirs, containing plans for the operation of those projects for 
their authorized purposes. Collectively, these documents may be 
referred to as the ``water control plans and manuals,'' ``water control 
manuals,'' or simply as the ``Master Water Control Manual,'' which 
includes the project-specific water control manuals. The water control 
plans and manuals will contain drought plans and action zones to assist 
Federal water managers in knowing when to reduce or increase reservoir 
releases and conserve storage in the Federal reservoirs and how to 
ensure the safety of dams during atypical conditions such as droughts 
and floods. The draft EIS will assess environmental impacts associated 
with these updated operating criteria and guidelines.
    On July 17, 2009, Judge Paul A. Magnuson issued a memorandum and 
order in the Tri-State Water Rights litigation available at http://www.sam.usace.army.mil/pa/acf-wcm/pdf/071709court_ruling.PDF. The 
court's ruling has introduced new information and circumstances that 
bear upon certain determinations reflected in the Corps' January 2009 
Final Scoping Report, to the extent that those determinations included 
operating the Lake Lanier/Buford Dam project to support present or 
increased levels of municipal and industrial water supply withdrawals.
    The court determined that the Corps has exceeded its authority 
under the project authorization and the Water Supply Act of 1958 by 
operating the Buford Dam/Lake Lanier project to accommodate present 
levels of withdrawals for water supply. The court's order states that 
``absent Congressional authorization or some other resolution of this 
dispute'' within three years of July 17, 2009, ``the operation of 
Buford Dam will return to the 'baseline' operation of the mid-1970s. 
Thus, the required off-peak flow will be 600 cfs [cubic feet per 
second] and only Gainesville and Buford will be allowed to withdraw 
water from the lake.'' The order states that until that time, ``the 
parties may continue to operate at current water-supply withdrawal 
levels but should not increase those withdrawals absent the agreement 
of all other parties to this matter.''
    As a result of this ruling, the Corps is revising the scope of the 
EIS and water control manual updates in the following respects:
    a. In updating the ACF water control plans and manuals, which are 
expected to be implemented in approximately three years, i.e., in July 
2012, the Corps will consider only operations that are within existing 
authority. The Corps previously announced its intent to update the 
plans and manuals ``to reflect current operations.'' Because the court 
has held that the Corps lacks authority to continue to support present 
levels of water supply withdrawals at Lake Lanier or to reallocate 
storage to accommodate those or additional withdrawals, and because the 
court has ordered that most withdrawals from Lake Lanier must cease in 
2012, the Corps will update the plans and manuals for operating the 
Lake Lanier project in a manner that reflects the court's order. Thus, 
the Corps will not continue to accommodate the present level of 
withdrawals beyond July 2012, nor will the Corps consider a 
reallocation of storage for water supply at Lake Lanier as part of the 
process for updating the ACF water control plans and manuals. Should 
the States and other interested parties to In re Tri-State Water Rights 
Litigation reach an agreement that involves reallocation of storage for 
water supply, the Corps would be prepared to submit that agreement to 
the Army and higher Executive Branch authorities for consideration and 
possible referral to Congress. Should Congress enact legislation 
authorizing additional water supply at Lake Lanier, the Corps would 
update its operations, plans and manuals accordingly.
    b. Pursuant to the court's order, as of July 17, 2012, the updated 
manuals will reflect that water supply withdrawals from Lake Lanier 
will be limited to the amounts authorized by relocation agreements with 
the Cities of Gainesville and Buford, Georgia. Those agreements, which 
were executed at the

[[Page 59967]]

time of the reservoir's construction, authorize withdrawals of 8 
million gallons per day (mgd) for Gainesville and 2 mgd for Buford, a 
combined 10 mgd.
    c. Pursuant to the court's order, as of July 17, 2012, the updated 
manuals will reflect that ``the required off-peak flow [at Buford Dam] 
will be 600 cfs.'' Currently, peak hydropower demand at Buford Dam 
typically occurs on weekdays from 0500-0900 and 1500-2200 between 
October 1 and March 31, and on weekdays from 1300-1900 between April 1 
and September 30. When the Corps is not generating hydropower to meet 
this peak demand, the Corps will not release more than 600 cfs from 
Buford Dam to support water supply withdrawals.
    All other aspects described in the notice of intent published in 
the Federal Register (73 FR 9780) on February 22, 2008 remain the same. 
To satisfy its obligations under NEPA, the Corps will evaluate present 
circumstances as part of its EIS, while acknowledging that it currently 
lacks authority to continue to accommodate present levels of water 
supply at Lake Lanier beyond July 17, 2012.
    Additional information on the ACF River Basin and the Master Water 
Control Manual Update process will be posted on the Mobile District Web 
page as it becomes available: http://www.sam.usace.army.mil.

R. Daren Payne,
Lieutenant Colonel, Corps of Engineers, Acting District Commander.
[FR Doc. E9-27787 Filed 11-18-09; 8:45 am]
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