[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Notices]
[Pages 48986-48988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19903]


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

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Northwest Area Water Supply Project, North Dakota

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of intent to prepare a supplemental environmental impact 
statement.

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

SUMMARY: The Bureau of Reclamation (Reclamation) is commencing work 
under the National Environmental Policy Act of 1969 (NEPA) on a 
Supplemental Environmental Impact Statement (EIS) for the Northwest 
Area Water Supply Project (NAWS Project), a Federal reclamation 
project, located in North Dakota. A Final EIS and Record of Decision 
(ROD) for the NAWS Project were previously completed in December 2008 
and January 2009, respectively. The Final EIS and ROD were challenged 
in U.S. District Court. A subsequent court order found the Final EIS to 
be insufficient in two areas. Therefore a supplement is being prepared 
to address those areas in more detail and any others that interested 
parties or the public may identify warranting additional analysis, as 
well as to re-examine and update, to the extent necessary, prior NEPA 
analysis that has been completed in connection with the NAWS Project to 
date. This notice is being published to inform the public about the 
preparation of the Supplemental EIS and to initiate a formal scoping 
period for obtaining public comment. The scoping period for the 
supplement will conclude 60 days following publication of this notice. 
Public meetings are scheduled as part of the scoping process.
    Reclamation invites all interested parties to submit written 
comments or suggestions during the scoping period related to 
significant issues, environmental impacts, and reasonable alternatives 
to the proposed action. Reclamation will provide a separate project 
information document that describes the Supplemental EIS actions and 
how the public can become involved and participate. The project 
information document will provide details relative to the Supplemental 
EIS and is intended to assist the public in providing comments during 
the scoping period.

DATES: Public scoping meetings will be held during September 2010. See 
the Supplemental Information section for dates and locations of these 
meetings. Individuals who want to receive the additional project 
information document should contact Reclamation within 15 days 
following publication of this notice. Written or e-mailed comments on 
the scope of issues and alternatives should be received by October 12, 
2010. Comments received

[[Page 48987]]

after that date will be considered to the extent practical.

ADDRESSES: Written comments should be submitted to: Bureau of 
Reclamation, Dakotas Area Office, Attention: Alicia Waters, P.O. Box 
1017, Bismarck, ND 58502.

FOR FURTHER INFORMATION CONTACT: Alicia Waters, Northwest Area Water 
Supply Project EIS, Bureau of Reclamation, Dakotas Area Office, P.O. 
Box 1017, Bismarck, ND 58502; Telephone: (701) 221-1206; or facsimile 
(701) 250-4326. You may submit e-mail to [email protected].

SUPPLEMENTARY INFORMATION:

Dates of Public Scoping Meetings

     September 13, 2010, 6:30 p.m.-8:30 p.m., Bottineau, ND
     September 14, 2010, 6:30 p.m.-8:30 p.m., Minot, ND
     September 15, 2010, 6:30 p.m.-8:30 p.m., New Town, ND
     September 16, 2010, 6:30 p.m.-8:30 p.m., Bismarck, ND

Locations of Public Scoping Meetings

     MSU-Bottineau, Nelson Science Center Room 125, 105 Simrall 
Boulevard, Bottineau, ND
     Sleep Inn--Inn and Suites, North Convention Center, 2400 
10th Street NW., Minot, ND
     4 Bears Casino, Mandan Room, 202 Frontage Room, New Town, 
ND
     Best Western Doublewood Inn, Congress Room, 1400 
Interchange Avenue, Bismarck, ND
    The meeting facilities are physically accessible to people with 
disabilities. People needing special assistance to attend and/or 
participate in the public meetings should contact Patience Hurley at 
701-221-1204 as soon as possible. To allow sufficient time to process 
special requests, please call no later than one week before the public 
meeting of interest.

Background

    The Garrison Diversion Unit's Municipal, Rural and Industrial Water 
Supply (MR&I) program was authorized by the U.S. Congress on May 12, 
1986, through the Garrison Diversion Unit Reformulation Act of 1986. 
This act authorized the appropriation of $200 million of Federal funds 
for the planning and construction of water supply facilities throughout 
North Dakota. The NAWS Project is being constructed under this 
authorization.
    The NAWS Project is designed as a bulk water distribution system 
that will service local communities and rural water systems in 10 
counties in northwestern North Dakota including the community of Minot. 
The NAWS Project would convey water from Lake Sakakawea, in the 
Missouri River Basin in North Dakota, through a buried pipeline to 
Minot, surrounding communities and rural water systems in the Hudson 
Bay Basin. The Project would include a treatment plant in the Missouri 
River Basin to disinfect the water prior to it being delivered through 
the pipeline into the Hudson Bay Basin. An Environmental Assessment 
(EA) and Finding of No Significant Impact (FONSI) were completed for 
the Project in 2001.
    Construction on the project began in April 2002. In October 2002, 
the Province of Manitoba, Canada, filed a legal challenge in U.S. 
District Court in Washington, DC to compel the Department of the 
Interior to complete an EIS on the project. A court order dated 
February 3, 2005, remanded the case to Reclamation for completion of 
additional environmental analysis, but allowed construction to proceed 
on project features that would not preclude a future decision on water 
treatment to reduce the risk of transferring invasive species.
    Project construction has continued as allowed by the court. Between 
2002 and 2010, the entire 45 miles of main transmission pipeline for 
NAWS, from Lake Sakakawea to Minot, was completed along with several 
segments of the distribution system. The City of Minot is temporarily 
serving water to several communities and rural water systems with water 
from the city's ground water wells. This interim water supply is 
provided by the city through temporary water service contracts which 
expire in 2018 or sooner depending on the reliability of the water 
source.
    Recently completed features of the NAWS Project include a high 
service pump station and 2 million gallon storage reservoir in Minot. 
Most of the other segments of the distribution system are being 
designed or constructed. The court also allowed the State of North 
Dakota to initiate design work on upgrades to the existing Minot water 
treatment plant which are necessary for the city to continue delivering 
the interim water supply to adjacent communities.
    In March 2006, Reclamation initiated an EIS focused on different 
water treatment methods for the water from Lake Sakakawea. The analysis 
focused on environmental impacts that could occur due to pipeline leaks 
and failure of the water treatment systems. The Draft EIS was published 
on December 21, 2007 and the Final EIS on December 5, 2008 (documents 
available electronically at http://www.usbr.gov/gp/dkao/). Reclamation 
signed a Record of Decision (ROD) on January 15, 2009, selecting an 
alternative using chlorination and ultraviolet radiation to disinfect 
the water before it is delivered into the Hudson Bay Basin. Final 
treatment to drinking water standards would occur at the existing water 
treatment plant in Minot.
    In February 2009, the Department of Justice notified the court that 
Reclamation had completed the Final EIS and ROD. Shortly thereafter, 
the Province of Manitoba filed a supplemental complaint contending the 
Final EIS was insufficient. Additionally, the State of Missouri filed a 
complaint against the Department of the Interior and the U.S. Army 
Corps of Engineers in the same District Court in Washington, DC. The 
State of Missouri alleged that Reclamation's Final EIS was insufficient 
and that the Corps of Engineers failed to complete a separate National 
Environmental Policy Act assessment for the NAWS Project. The court 
combined the Missouri suit with the Manitoba suit. On March 5, 2010, 
the court issued an order in favor of the Province of Manitoba and the 
State of Missouri. The case was remanded to Reclamation and the 
injunction imposed by the April 15, 2005, order remains in effect.
    The Court found the EIS inadequately examined: (1) Cumulative 
impacts of water withdrawals on Lake Sakakawea and the Missouri River, 
and (2) consequences of transferring potentially invasive species into 
the Hudson Bay Basin.

Purpose of the Proposed Action

    The purpose of the proposed action is to provide a reliable source 
of high quality treated water to northwestern North Dakota for MR&I 
uses.

Need for the Proposed Action

    The NAWS Project is needed: (1) To provide high quality treated 
water because northwestern North Dakota has experienced water supply 
problems for many years, (2) to replace poor quality groundwater 
sources presently used for MR&I purposes, and (3) because the surface 
water supplies within the service area are insufficient from both a 
quality and quantity standpoint. This Supplemental EIS is needed to 
comply with the Court order of March 5, 2010, and fully satisfy NEPA. 
Reclamation will conduct additional analyses to address the Court's 
order regarding the consequences of transferring potentially invasive 
species into the Hudson Bay Basin and the cumulative impacts of water 
withdrawals on Lake Sakakawea and the Missouri River, in addition to

[[Page 48988]]

re-examining and updating all prior NEPA analysis that has been 
completed in connection with the NAWS Project to date.

The Proposed Action

    Reclamation proposes to complete construction of the NAWS Project, 
including construction of a biota water treatment plant, to treat the 
source water from Lake Sakakawea before it is transported into the 
Hudson Bay drainage. As part of this proposed action, Reclamation would 
implement construction methods and operational measures to further 
reduce the risk of invasive species transfer that may occur as a result 
of an interruption in the treatment process and breach in the buried 
pipeline to the Minot water treatment plant.

Scope of the Proposed Action

    The geographic scope of the Supplemental EIS will include areas and 
resources within the Missouri River Basin and Hudson Bay Basin that may 
be affected by water diversion and delivery for NAWS project purposes. 
This includes, but is not necessarily limited to: (1) The sites of NAWS 
Project features and facilities; (2) lands and waters that receive NAWS 
Project MR&I water supplies, including downstream areas in the Hudson 
Bay Basin; and (3) the Missouri River from Lake Sakakawea to its 
confluence with the Mississippi River.
    The Supplemental EIS will review, and update, if necessary, the 
prior Environmental Assessment and Environmental Impact Statement. This 
Supplemental EIS will further evaluate the consequences of transferring 
potentially invasive species to the Hudson Bay Basin and the cumulative 
effects of water withdrawals from the Missouri River. Additional issues 
or concerns identified in the scoping process will be considered by 
Reclamation and evaluated in the Supplemental EIS as appropriate. 
Identification of known methods and technologies that can be used to 
assess potential consequences to resources will be considered as well.

Summary

    Reclamation is preparing a Supplemental EIS to address the relevant 
issues related to final construction and operation of the NAWS Project. 
We are seeking comment from the public on the development of reasonable 
alternatives to the proposed action, information relative to new water 
treatment processes that could be considered, methods for evaluating 
the risks and potential consequences which may be associated with the 
proposed action, and concerns relative to the environmental effects 
that should be described in the supplement. We also seek identification 
of any issues in prior NEPA analyses for the NAWS Project to date that 
should be updated, and the identification of any other issues that 
should be addressed by the Supplemental EIS.

Public Disclosure Statement

    Before including your name, address, telephone number, e-mail 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

John F. Soucy,
Assistant Regional Director, Great Plains Region, Bureau of 
Reclamation.
[FR Doc. 2010-19903 Filed 8-11-10; 8:45 am]
BILLING CODE 4310-MN-P