[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Notices]
[Pages 57171-57173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20164]



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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

Forest Service

[Docket No. NRCS-2022-0011]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Clear Branch Dam Rehabilitation Project, Hood River County, Oregon

AGENCY: Natural Resources Conservation Service and Forest Service, 
USDA.

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

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SUMMARY: The Natural Resources Conservation Service (NRCS) Oregon State 
Office, as Lead Federal Agency, in partnership with the Forest 
Service--Mount Hood National Forest (Forest Service, Cooperating 
Agency), and the Middle Fork Irrigation District (Project Sponsor, 
Owner, Operator), announces its intent to prepare an EIS for the Clear 
Branch Dam Rehabilitation Project (Rehabilitation Project) in the 
proximity of Parkdale, unincorporated Hood River County, Oregon. The 
purpose of the Rehabilitation Project is to provide a clean dependable 
water supply for the Upper Hood River valley in Hood River County, 
Oregon, as authorized in the 1962 Middle Fork Hood River Watershed Work 
Plan. There is a need to rehabilitate Clear Branch Dam to meet current 
dam safety and environmental compliance standards for NRCS, the Forest 
Service, the Federal Energy Regulatory Commission (FERC), and other 
regulatory agencies. NRCS is requesting comments to identify 
significant issues and potential alternatives, information, and 
analyses relevant to the proposed action from all interested 
individuals, Tribes, and Federal and State Agencies.

DATES: We will consider comments that we receive by October 19, 2022. 
Comments received after the 30-day comment period will be considered to 
the extent possible.

ADDRESSES: We invite you to submit comments in response to this notice. 
Please specify the docket ID NRCS-2022-0011. You may submit your 
comments through the methods below:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and search for Docket ID NRCS-22-0009. Follow the 
instructions for submitting comments; or
     Mail or Hand Delivery: Ed Salminen, Project Manager, 
Watershed Professionals Network (WPN), P.O. Box 8, Parkdale, OR 97041.

FOR FURTHER INFORMATION CONTACT: Molly Dawson; telephone: (503) 414-
3234; email: [email protected]. In addition, for questions related 
to submitting comments via WPN: Ed Salminen; telephone: (541) 490-6644; 
email: clearbranchdam.com">contact@clearbranchdam.com; or the project website at: 
clearbranchdam.com com. Persons with disabilities who require alternative 
means for communication should contact the U.S. Department of 
Agriculture (USDA) Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION: 

Purpose and Need

    The Rehabilitation Project would be implemented as agricultural 
water management, as authorized under sections 3 and 4 of Public Law 
83-566. The primary purpose of the Rehabilitation Project is to provide 
a clean dependable water supply for the Upper Hood River valley in Hood 
River County, Oregon, as authorized in the 1962 Middle Fork Hood River 
Watershed Work Plan. An assessment of Clear Branch Dam was performed by 
NRCS and the Project Sponsor in 2015 to evaluate the condition of the 
dam. Results of the assessment indicated that modifications to Clear 
Branch Dam are needed to extend its service life. To meet the purpose 
of providing a clean dependable water supply, there is a need to 
rehabilitate Clear Branch Dam to meet current dam safety and 
environmental compliance standards for NRCS, the Forest Service, FERC, 
and other regulatory agencies. Action to rehabilitate the dam is 
necessary because the dam reached the end of its original service life 
and requires structural modifications to extend its service life 
another 50 to 100 years. The need for watershed planning is established 
and implementation of management actions are authorized under Public 
Law 83-566, the Watershed Protection and Flood Prevention Act of 1954 
(16 U.S.C. 1001-1009), as amended, and Public Law 78-534, the Flood 
Control Act of 1944 (33 U.S.C. 702b-1). Further context for the need 
for watershed planning is provided below.
    A Watershed Work Plan for Middle Fork Hood River Watershed in Hood 
River County, Oregon was authorized by the Soil Conservation Service, 
the predecessor to NRCS, and its partners in 1962, under the authority 
of the Watershed Protection and Flood Prevention Act. The primary 
objective of the Rehabilitation Project is to provide a clean 
dependable water supply and improved water distribution system for the 
irrigation of 8,000 acres; this objective was accomplished with the 
construction of a reservoir on Clear Branch of the Middle Fork Hood 
River in 1968, named Clear Branch Dam. The dam is owned and operated by 
the Middle Fork Irrigation District. Today, the reservoir behind Clear 
Branch Dam provides water to 404 users to irrigate 6,362 acres in the 
Upper Hood River valley.
    In 2016, NRCS, the Forest Service, and the Project Sponsor 
initiated scoping for an Environmental Assessment for the 
rehabilitation of Clear Branch Dam. A public scoping meeting was 
conducted on August 15, 2016, in Parkdale, Oregon.
    Since scoping for the Environmental Assessment (EA) was completed 
in 2016, NRCS, the Forest Service, and the Project Sponsor have 
completed additional investigations and studies to evaluate the 
condition of the dam. As a result of the new information obtained 
during the EA process, the rehabilitation needed is more extensive than 
anticipated during scoping in 2016. Estimated federal funds required 
for the construction of the proposed action may exceed $25 million and 
the proposed action will therefore require congressional approval per 
the 2018 Agriculture Appropriations Act amended funding threshold. In 
accordance with 7 CFR 650.7(a)(2), an EIS is required for projects 
requiring congressional approval.

Preliminary Proposed Action and Alternatives

    The 1962 Middle Fork Hood River Watershed Work Plan would be 
updated to include an EIS that would analyze alternative ways to meet 
the Rehabilitation Project's purpose and need. At least three Action 
Alternatives will be evaluated to meet the purpose and need of the 
Rehabilitation Project. A No Action Alternative will also be 
considered.
    Alternative 1 (Proposed Action)--Structural Rehabilitation. This 
alternative would structurally rehabilitate the dam to meet current dam 
safety and environmental compliance standards of NRCS, the Forest 
Service, FERC, and other regulatory agencies. Structural rehabilitation 
includes measures to address flood conveyance, seepage, seismic 
hazards, fish passage, and water quality improvements.
    Alternative 2--Decommission. Decommissioning the dam would consist 
of breaching the dam to allow for flood conveyance, restoring Clear 
Branch and Pinnacle Creek within the reservoir footprint, and the 
constructing

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of run-of river irrigation diversions to continue irrigation water 
supply.
    Alternative 3--Nonstructural Rehabilitation. This alternative would 
relocate or floodproof at-risk dwellings in the downstream breach 
inundation area. The downstream breach inundation area extends from the 
base of Clear Branch Dam to the mouth of the Hood River confluence with 
the Columbia River. This zone includes 4 homes, 2 apartments or hotels, 
23 commercial buildings, 4 bridges, Highway 30, Interstate 84, the 
Union Pacific railroad, and the Mount Hood Railroad.
    Alternative 4--No Action. Taking no action would consist of 
activities carried out if no federal action or funding were provided. 
In the absence of federal funding, the Project Sponsor would implement 
the structural dam rehabilitation alternative (Alternative 3) using 
alternate funding and likely extended timetable for completion.

Summary of Expected Impacts

    Initial agency scoping of this federally assisted action indicates 
that the Rehabilitation Project may cause significant impacts on the 
environment. Ron Alvarado, NRCS Oregon State Conservationist, has 
determined that the preparation of an EIS is needed for this 
Rehabilitation Project. This EIS will be prepared as required by 
section 102(2)(C) of the National Environmental Policy Act of 1969 
(NEPA); the Council on Environmental Quality Regulations (40 CFR parts 
1500-1508); and NRCS regulations that implement NEPA in 7 CFR part 650.
    Species listed under the Endangered Species Act (ESA)may be 
affected by the proposed action. The reservoir behind the dam is 
designated as critical habitat for bull trout (Salvelinus confluentus). 
The Middle Fork Hood River sub-basin supports spring Chinook Salmon 
(Oncorhynchus tshawytscha), winter steelhead trout (Oncorhynchus 
mykiss), bull trout, and cutthroat trout (Oncorhynchus clarkii). Winter 
steelhead and bull trout are listed as threatened under ESA and 
critical habitat for both of these species is designated in the Middle 
Fork Hood River sub-basin. Critical habitat for the Lower Columbia 
River Chinook Salmon Evolutionarily Significant Unit is designated in 
the Middle Fork Hood River sub-basin. Critical habitat for the Northern 
Spotted Owl (Strix occidentalis caurina) is mapped near the confluences 
of Clear Branch, Pinnacle Creek, Coe Branch, and Eliot Branch. U.S. 
Forest Service Road 2840 accesses the dam and the Laurance Lake 
recreation facilities. Some alternatives may involve excavation, 
grading, surveying, limited closure, blocking, or detouring traffic in 
the right of way during construction.

Anticipated Permits and Authorizations

    The following permits and other authorizations are anticipated to 
be required:
     CWA Section 404 Permit. CWA Implementation of the proposed 
federal action may require a Clean Water Act (CWA) section 404 permit 
from the U.S. Army Corps of Engineers;
     CWA Section 401 Permit. The Rehabilitation Project may 
also require water quality certification under section 401 of CWA;
     U.S. Fish and Wildlife Service ESA section 7 Consultation;
     National Marine Fisheries Service ESA section 7 
Consultation;
     Forest Service Special Use Permit; and
     County Permit. Implementation of the proposed federal 
action may require permit from Hood River County.

Schedule of Decision-Making Process

    A Draft EIS (DEIS) will be prepared and circulated for review and 
comment by agencies, Tribes, section 106 consulting parties, and the 
public for at least 45 days per 40 CFR 1503.1, 1502.20, 1506.11, and 
1502.17, and 7 CFR 650.13. The DEIS is anticipated to be published in 
the Federal Register in 2023, approximately 16 months after publication 
of this NOI. A Final EIS is anticipated to be published within 6 months 
of completion of the public comment period for the DEIS.
    NRCS, in cooperation with the Forest Service, will decide whether 
to implement one of the alternatives as evaluated in the EIS. Since the 
Rehabilitation Project is located on National Forest System (NFS) 
lands, the Forest Service's decision will include whether to authorize 
construction on NFS lands and whether to issue a new or amended special 
use permit for continuing to operate Clear Branch Dam on NFS lands. The 
Forest Service may also issue a decision associated with conformance 
with the Mt. Hood Land and Resource Management Plan, as amended by the 
Northwest Forest Plan. An NRCS Record of Decision (ROD) will be 
completed after the required 30-day waiting period and a Forest Service 
ROD will be completed after the pre-decisional administrative review 
process (36 CFR part 218 or 36 CFR part 219) has concluded. The 
responsible federal official and decision maker for the NRCS is Ron 
Alvarado, Oregon State Conservationist. The responsible federal 
official and decision maker for the Forest Service is Meta 
Loftsgaarden, Mt Hood National Forest Supervisor.

Public Scoping Process

    Public scoping meetings will be held to present the Rehabilitation 
Project and develop the scope of the draft EIS. A preliminary public 
scoping meeting for an EA was conducted on August 15, 2016, in 
Parkdale, Oregon. The date, time, and location for a public scoping 
meeting for the Environmental Impact Statement is:
     Date: Tuesday, October 4, 2022;
     Time: 5 p.m. to 7 p.m. Pacific time;
     Location: Zoom (virtual) and Parkdale Rural Fire 
Protection District Office at 4895 Baseline Dr., Mt Hood, Parkdale. OR 
97041;
     Register at: clearbranchdam.com.
    Comments received, including the names and addresses of those who 
comment, will be part of the public record. Scoping meeting 
presentation materials are available on the project website: 
clearbranchdam.com.

Identification of Potential Alternatives, Information, and Analyses

    NRCS invites agencies, Tribes, section 106 consulting parties, and 
individuals who have special expertise, legal jurisdiction, or interest 
in the Rehabilitation Project to provide comments concerning the scope 
of the analysis and identification of potential alternatives, 
information, and analyses relevant to the Proposed Action.
    NRCS will coordinate the scoping process as provided in 36 CFR 
800.2(d)(3) and 800.8 (54 U.S.C. 306108) to help fulfill the National 
Historic Preservation Act (NHPA), as amended review process. The 
information about historic and cultural resources within the area 
potentially affected by the proposed project will assist NRCS in 
identifying and evaluating impacts to such resources in the context of 
both NEPA and NHPA.
    NRCS will consult with Native American tribes on a government-to-
government basis in accordance with 36 CFR 800.2 and 800.3, Executive 
Order 13175, and other policies. Tribal concerns, including impacts on 
Indian trust assets and potential impacts to cultural resources and 
historic properties, will be given due consideration.

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Authorities

    This document is published pursuant to the NEPA regulations 
regarding publication of a notice of intent to issue an environmental 
impact statement (40 CFR 1501.9(d)).
    Watershed planning is authorized under the Watershed Protection and 
Flood Prevention Act of 1954, as amended, (Pub. L. 83-566) and the 
Flood Control Act of 1944 (Pub. L. 78-534).

Federal Assistance Programs

    The title and number of the Federal assistance programs as found in 
the Assistance Listing \1\ (formerly referred to as the Catalog of 
Federal Domestic Assistance) to which this document applies are 10.904 
Watershed Protection and Flood Prevention and 10.916 Watershed 
Rehabilitation.
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    \1\ See https://sam.gov/content/assistance-listings.
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Executive Order 12372

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' requires consultation with State and local officials that 
would be directly affected by proposed Federal financial assistance. 
The objectives of the Executive order are to foster an 
intergovernmental partnership and a strengthened federalism, by relying 
on State and local processes for State and local government 
coordination and review of proposed Federal financial assistance and 
direct Federal development. This program is subject to the provisions 
of Executive Order 12372, which requires intergovernmental consultation 
with State and local officials.

USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and USDA civil rights 
regulations and policies, USDA, its Agencies, offices, and employees, 
and institutions participating in or administering USDA programs are 
prohibited from discriminating based on race, color, national origin, 
religion, sex, gender identity (including gender expression), sexual 
orientation, disability, age, marital status, family or parental 
status, income derived from a public assistance program, political 
beliefs, or reprisal or retaliation for prior civil rights activity, in 
any program or activity conducted or funded by USDA (not all bases 
apply to all programs). Remedies and complaint filing deadlines vary by 
program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (for example, braille, large 
print, audiotape, American Sign Language, etc.) should contact the 
responsible Agency or USDA TARGET Center at (202) 720-2600 (voice and 
TTY) or (844) 433-2774 (toll-free nationwide). Additionally, program 
information may be made available in languages other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the letter all the information requested in the form. To request a copy 
of the complaint form, call (866) 632-9992. Submit your completed form 
or letter to USDA by mail to: U.S. Department of Agriculture, Office of 
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, 
Washington, DC 20250-9410 or email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Ronald Alvarado,
Oregon State Conservationist,Natural Resources Conservation Service.
Meta Loftsgaarden,
Mt. Hood National Forest Supervisor, U.S. Forest Service.
[FR Doc. 2022-20164 Filed 9-16-22; 8:45 am]
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