[Federal Register Volume 90, Number 116 (Wednesday, June 18, 2025)]
[Notices]
[Pages 25987-25991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11210]
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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.
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Federal Register / Vol. 90, No. 116 / Wednesday, June 18, 2025 /
Notices
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
Forest Service
[Docket No. NRCS-2022-0011]
Revised Notice of Intent To Prepare an Environmental Impact
Statement for the Oregon State Office and Mt. Hood National Forest;
Hood River County, Oregon; Clear Branch Dam Remedial Project
AGENCY: Natural Resources Conservation Service and Forest Service, U.S.
Department of Agriculture (USDA).
ACTION: Revised Notice of Intent (NOI) to prepare an Environmental
Impact Statement (EIS).
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SUMMARY: The USDA Natural Resources Conservation Service (NRCS) and
Forest Service previously published an NOI (referred to in this notice
as the original NOI) to announce the intention to prepare an EIS for
the Clear Branch Dam Remedial Project (Remedial Project) on September
19, 2022. NRCS and the Forest Service are jointly publishing this
revised NOI to update the project timeline, preliminary description of
the proposed action and alternatives, and expected impacts; and
identify the substantive provisions for potential forest plan
amendments to the 1990 Mt. Hood National Forest Land and Resource
Management Plan (Forest Plan), as amended by the 1994 Record of
Decision for Amendments to Forest Service and Bureau of Land Management
Planning Documents within the Range of the Northern Spotted Owl
(Northwest Forest Plan). This revised NOI also provides an additional
30-day scoping period and gives notice of a supplementary scoping
meeting. In addition, the project name has been changed from the Clear
Branch Dam Rehabilitation Project to the Clear Branch Dam Remedial
Project (Remedial Project) to better align with policy (National
Watershed Program Manual 505.20). The NRCS Oregon State Office and the
Forest Service, announce their intent to prepare an EIS for the
Remedial Project, located within the Hood River watershed in Parkdale,
Oregon. The project area includes Clear Branch Dam, Laurance Lake which
is formed by the dam, and associated infrastructure all located on the
Mt. Hood National Forest. The Middle Fork Irrigation District (MFID)'s
purpose is to provide clear and dependable irrigation water to its
patrons. Recent developments have shown that Clear Branch Dam does not
meet the Federal Energy Regulatory Commission's (FERC) safety standards
and thus, in addition to remediation, this EIS will examine alternative
solutions to meeting this FERC requirement while also meeting MFID's
purpose which is to supply clean and dependable water. The project area
in the Clear Branch watershed is primarily on National Forest System
lands and includes Endangered Species Act (ESA) bull trout and Critical
Habitat, significant recreation, and natural area amenities. NRCS is
requesting comments to identify significant issues, potential
alternatives, information, and analyses relevant to the proposed action
from all interested individuals, Federal and State agencies, and
Tribes.
DATES: We will consider comments that we receive 30 days after
publication of this notice in the Federal Register. We will consider
comments received after close of the comment period to the extent
possible.
ADDRESSES: We invite you to submit comments in response to this notice.
You may submit your comments through one of the methods below:
Federal eRulemaking Portal: Go to http://www.regulations.gov and search for Docket ID NRCS-2022-0011. Follow the
instructions for submitting comments;
Mail or Hand Delivery: Ed Salminen, Project Manager,
Watershed Professionals Network (WPN), P.O. Box 8, Parkdale, OR 97041.
In your comments, specify the docket ID NRCS-2022-0011; or
Project Website: clearbranchdam.com/contact.
All comments received will be posted without change and made
publicly available on www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Gary Diridoni; telephone: (503) 414-
3092; email: [email protected]. In addition, for questions related
to submitting comments via WPN: Ed Salminen; telephone: (541) 490-6644;
email: clearbranchdam.com">info@clearbranchdam.com; or the project website at:
clearbranchdam.com.
Individuals who require alternative means for communication should
contact the USDA Target Center at (202) 720-2600 (voice and text
telephone (TTY)) or dial 711 for Telecommunications Relay service (both
voice and text telephone users can initiate this call from any
telephone).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The NRCS Oregon State Office and the Forest Service announce their
intent to prepare an EIS for the Remedial Project, located within the
Hood River watershed in Parkdale, Oregon. The project area
predominantly surrounds Clear Branch Dam, including the water retained
by the dam, which the MFID holds in trust and distributes to their
patrons. The MFID's purpose is to provide clear and dependable
irrigation water to its patrons. Recent developments have shown that
Clear Branch Dam does not meet the FERC safety standards and thus this
EIS will examine alternative solutions to meeting this FERC requirement
while also meeting MFID's purpose which is to supply clean and
dependable water. The project area in the Clear Branch watershed is
primarily on National Forest System lands and includes ESA bull trout,
significant recreation, and natural area amenities. The NRCS is
requesting comments to identify significant issues, potential
alternatives, information, and analyses relevant to the proposed action
from all interested individuals, Federal and State agencies, and
Tribes.
The draft EIS is expected in winter of 2025/2026, and the final EIS
is expected in fall 2026.
In 1962, 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, under Public Law 83-566, the
Watershed Protection and Flood Prevention Act of
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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) under the general purpose
of agricultural water management. The specific local purpose of the
1962 Work Plan was to provide a clean and dependable water supply and
improved water distribution system for the irrigation of 8,000 acres;
this objective was accomplished with the construction of Clear Branch
Dam on Clear Branch of the Middle Fork Hood River in 1968. The dam is
owned and operated by the MFID, who is the project sponsor. Today, the
reservoir behind Clear Branch Dam provides water to 404 users to
irrigate 6,362 acres in the Upper Hood River valley.
In 2015, an assessment of Clear Branch Dam was performed by NRCS
and MFID to evaluate the condition of the dam. Results of the
assessment indicated that modifications to Clear Branch Dam were needed
to extend its service life another 50-100 years. To meet the original
purpose of providing a clean and dependable water supply, there is a
need to modify Clear Branch Dam to meet current dam safety and
environmental compliance standards for NRCS, the Forest Service, the
FERC, and other regulatory agencies.
In 2016, NRCS, the Forest Service, and MFID 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 was completed in
2016, NRCS, the Forest Service, and MFID have completed additional
investigations and studies to evaluate the condition of the dam. As a
result of the new information obtained during the environmental
assessment process, the modifications needed are more extensive than
anticipated during scoping in 2016.
Estimated federal funds required for the construction of the
proposed action that would become a component of the proposed action
will exceed $25 million. Consistent with section 2 of the Watershed
Protection and Flood Prevention Act of 1954, (Pub. L. 83-566 and 16
U.S.C. 1001-1008), given that the federal construction cost are
estimated to be greater than $25 million, the Agriculture, Nutrition
and Forestry Committee of the Senate and the Committee on Agriculture
of the House of Representatives will be notified that the Chief of NRCS
plans to authorize this project for implementation.
Preliminary Proposed Action and Alternatives, Including No Action
The 1962 Middle Fork Hood River Watershed Work Plan is being
updated to incorporate revisions associated with the Remedial Project.
A corresponding EIS is being prepared to analyze alternative ways to
meet the purpose and need of the Remedial Project, which generally is
to remediate and upgrade the dam and its related infrastructure to
satisfy current dam safety and environmental compliance standards and
to enable the dam to continue to meet its original purpose and need as
delineated in the 1962 plan. As described below, multiple alternatives
will be considered in detail to evaluate and compare their
environmental effects and assess the extent to which they would meet
the Remedial Project's purpose and need. A no action alternative under
two scenarios will also be considered in detail, as described below.
Alternative 1--No Action Scenario 1. Taking no action
would consist of activities conducted if no federal action or funding
were provided. If the No Action Alternative is selected neither NRCS
nor the Forest Service would take any action towards remediating Clear
Branch Dam and the dam would remain in place and continue operating
under current conditions, subject to the interim risk reduction
measures required by FERC.
Alternative 2--No Action Scenario 2. NRCS would not fund
the necessary dam remediation, and the Forest Service would not take
action to approve MFID's pending special use permit application. As
such, a condition of the existing special use permit would require
removal of all infrastructure owned by MFID from National Forest System
lands, including the dam, diversions, and pipes. The site would be
restored to a natural condition.
Alternative 3--Proposed Action--Remediate Structure. The
proposed action would include structurally remediating the dam to
address excessive seepage and meet current dam safety and environmental
compliance standards of NRCS, Forest Service, FERC, and other
regulatory agencies. The proposed action includes measures to address
flood conveyance, seismic hazards, fish passage, and water quality
improvements. Specifically, the proposed action includes two proposed
agency actions: (1) NRCS's proposed funding to remediate the structure
(extending the life of the dam approximately 75 years) and (2) the
Forest Service's proposed issuance of a special use permit to authorize
the remediation of the structure and the ongoing operation of the dam
and related infrastructure for 30 more years. This alternative also
includes several connected or related actions, such as re-routing
portions of the Laurance Lake Road (National Forest System Road 2840)
on National Forest System lands, road maintenance, temporary road
construction, extracting rock material to reconstruct the dam, and
developing staging areas. Under Alternative 3, rock material extraction
of up to approximately 500,000 cubic yards and processing will be
analyzed under two distinct scenarios. In the first scenario, rock
material would be extracted from Eliot debris field and processed on
site, which occurs on National Forest System lands. In the second
scenario, rock material would be extracted and processed off--National
Forest Systems lands and transported to the project area. Alternative 3
may include amendments to the Forest Plan and Northwest Forest Plan.
See the ``Substantive Provisions'' section below.
Alternative 4--New Storage Site. This alternative would
replace the storage provided by Laurance Lake (formed by Clear Branch
Dam) with a new storage reservoir on Dog River, decommission Clear
Branch Dam, restore the dam site and former reservoir pool to pre-dam
conditions, and construct a new run-of-river diversion on Clear Branch
and conduit to tie the new storage reservoir into MFID's conveyance
system, transfer existing storage water rights for Laurance Lake to the
new storage reservoir (subject to approval by the Oregon Water
Resources Department) and convey water via a combination of new pipe
and existing pipe from the new run-of-river diversion on Clear Branch
near the existing Clear Branch Dam. The new reservoir would be located
on National Forest System lands and Hood River County lands. The new
Clear Branch diversion would convey water to the new storage site year-
round and would fully replace the existing storage. The new storage
reservoir would be used as usual for irrigation, hydropower, and all
other MFID uses. The existing live flow water right at Clear Branch
would continue to be fully utilized under existing water rights. No new
storage or live flow water rights would be obtained. This alternative
includes two proposed agency actions: (1) NRCS's proposed funding to
build the new dam and all associated construction activities and (2)
the Forest Service's proposed issuance of a special use permit to
authorize the new project and ongoing operation of the new dam for 30
years.
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This alternative also includes connected or related actions, such as
transportation improvements, temporary and permanent road construction,
extracting rock material to construct the dam, developing staging
areas, and recreational development. This alternative may include
amendments to the Forest Plan and Northwest Forest Plan.
Summary of Expected Impacts
As mentioned above, the estimated Federal contribution to
construction cost may exceed $25 million.
The EIS will be prepared as required by section 102(2)(C) of the
National Environmental Policy Act of 1969 (NEPA).
Resource concerns for scoping were identified and categorized as
relevant or not relevant to the proposed action. MFID, NRCS, and the
Forest Service evaluated the existing irrigation infrastructure, bull
trout life history modeling, water temperature requirements, current
recreation, baseline conditions of locations for removal of material
needed for remediation and road realignment, along with relevant
resource concerns for each proposed solution. Environmental resources
in the project area consist of the natural and human-made environment.
Some of the major resource concerns to be identified and addressed in
the Watershed Plan-EIS include: endangered species, water quality,
water quantity, and recreation. Aquatic species listed under the ESA
may be affected by the alternatives for the Remedial Project. The
Middle Fork Hood River sub-basin supports bull trout (Salvelinus
confluentus), and the Middle and East Forks of the Hood River support
spring Chinook salmon (Oncorhynchus tshawytscha) and winter steelhead
trout (Oncorhynchus mykiss), which are all listed as threatened under
the ESA. The reservoir behind Clear Branch Dam is designated as
critical habitat for bull trout and the locations below the reservoir
in Coe Creek and Eliot Branch are designated as critical habitat for
bull trout, spring Chinook salmon, and winter steelhead trout. The
Middle and East Forks of the Hood River also support cutthroat trout
(Oncorhynchus clarkii), which is listed as a Forest Service sensitive
species. Critical habitat for the northern spotted owl (Strix
occidentalis caurina), which is listed as threatened under the ESA, is
mapped near the confluences of Clear Branch, Pinnacle Creek, Coe
Branch, Eliot Branch, and Dog River. Critical habitat for the northern
spotted owl may be affected by the alternatives from the Remedial
Project. For safety purposes, the area would likely be closed to the
public for several years during project implementation; therefore,
recreation use may be affected.
Lead and Cooperating Agencies
NRCS is the lead federal agency, and the Forest Service is a
cooperating action agency.
Responsible Official
The responsible federal official for the NRCS is the Oregon State
Conservationist. The responsible federal official for the Forest
Service is the Mt. Hood National Forest Supervisor.
Anticipated Permits and Authorizations
The following permits and other authorizations are anticipated to
be required:
Clean Water Act Permits. Implementation of this project
may require a permit under sections 401, 402 and 404 of the Clean Water
Act.
Hood River County Permits. A permit may be needed and
authorization regarding land use compatibility.
Oregon Department of State Lands Permits. Implementation
of this project may require permits associated with working in waters
of the State.
Oregon Department of Geology and Mineral Industries
Permit. A permit may be required for areas lacking an existing permit.
Consultation. Consultation will be completed with the
Oregon State Historic Preservation Office, National Marine Fisheries
Service, and U.S. Fish and Wildlife Service.
Schedule of Decision-Making Process
NRCS, in cooperation with the Forest Service, will explain in its
Record of Decision (ROD) its decision whether to adopt one of the
alternatives evaluated in the EIS. Because the Remedial Project is
located on National Forest System lands, the Forest Service's ROD will
include whether to authorize construction of the project and whether to
issue a new special use permit for continuing to operate Clear Branch
Dam. The Forest Service's ROD will address consistency of its decision
with the Forest Plan, as amended by the Northwest Forest Plan.
Public Scoping Comments and the Objection Process
This notice of intent initiates a supplemental scoping process,
which will further guide the development of the EIS. In this process
NRCS and the Forest Service are requesting comments on potential
alternatives and impacts, and identification of any relevant
information, studies or analyses of any kind concerning impacts
affecting the quality of the human environment. A supplementary public
scoping meeting will be held to share the updated version of
alternatives to be considered in detail in the EIS:
Date: Wednesday, July 9, 2025
Time: 4 p.m. to 6 p.m. (Pacific Time)
Location: Mt. Hood Town Hall, 6575 Highway 35, Mount Hood
Parkdale, OR 97041
Register at: clearbranchdam.com.
Materials for the public scoping meeting will be available on the
project website at: clearbranchdam.com.
It is important that reviewers provide their comments at such times
and in such manner that they are useful to the agencies' preparation of
the EIS; therefore, comments should be provided prior to the close of
the comment period and should clearly articulate the reviewer's
concerns and contentions.
NRCS Waiting Period
NRCS expects to issue its final ROD in conjunction with the Forest
Service's ROD. The minimum required timeframes for these RODs differ.
NRCS must wait at least 30 days after the release of the final EIS
before publishing the ROD, whereas the Forest Service has a 45-day
objection-filing period, followed by an internal review of objections
received after release of the final EIS before the ROD can be
published. Internal coordination will occur to accommodate these
different timeframes so each agency can follow their policies and
release their RODs at the same time.
Forest Service Objection Process
Commenting during scoping and any other designated opportunity to
comment provided by the responsible officials as prescribed by
applicable regulations will also govern eligibility to object once the
final EIS and the Forest Service's draft ROD have been published.
Comments received in response to this solicitation, including names and
addresses of those who comment, will be part of the public record for
this proposed action. Comments submitted anonymously will be accepted
and considered; however, they will not be used to establish eligibility
for the objection process.
Objections will be accepted only from those who have previously
submitted specific written comments regarding the proposed project
during scoping or other designated opportunity for public comment in
accordance with 36 CFR 218.5(a). Issues raised in objections must be
based on previously submitted timely, specific written comments
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regarding the proposed project unless based on new information arising
after designated opportunities.
Previously submitted comments within the 2016 and 2022 scoping
periods will be considered and should not be resubmitted. Previous
commenters will have eligibility to object under 36 CFR 218.5.
Substantive Provisions
Guidance for management of the project area comes from the Forest
Plan, as amended by the Northwest Forest Plan. All actions authorized
by the Forest Service on the Mt. Hood National Forest must be
consistent with the Forest Plan and Northwest Forest Plan. If a
proposed project-specific action is not consistent with or does not
conform to the plan, the Forest Supervisor may modify the proposed
action to make it consistent with the plan, reject the proposed action,
or amend the plan such that the action will be consistent with the
plan, as amended.
Implementation of the action alternatives may require amendments to
the Forest Plan and Northwest Forest Plan. Implementation of
Alternative 3 with rock material extraction and processing occurring on
National Forest System lands would likely require the most amendments
to the Forest Plan and Northwest Forest Plan. When proposing an
amendment, the planning regulations require the responsible official to
identify in this notice which specific substantive requirements (36 CFR
219.8 through 219.11) are directly related to the plan direction being
modified by the amendment based on the purpose of the amendment or the
effects of the amendment (36 CFR 219.13(b)(5)). The substantive
requirements that are likely directly related to the purpose of the
Forest Plan amendments are 36 CFR 219.10(a)(2) and (3). The primary
purpose of the amendments is to facilitate rock material extraction
from Eliot Branch, which is considered a riparian area under the Forest
Plan, designated a riparian reserve under the Northwest Forest Plan,
and designated critical habitat for bull trout under the ESA. A
secondary purpose of the amendments is to facilitate re-routing
Laurance Lake Road (National Forest System Road 2840). Although the
proposed action would move most of the existing Laurance Lake Road
outside of the riparian reserve, a small portion would remain within
the riparian reserve.
Amendments to Forest Plan soil productivity standards may be needed
to allow project implementation to occur. The substantive requirement
that is likely directly related to the effects of these Forest Plan
amendments is 36 CFR 219.8(a)(2)(ii).
Amendments to Forest Plan water standards may be needed to allow
project implementation to occur. The substantive requirements that are
likely directly related to the effects of these Forest Plan amendments
are 36 CFR 219.8(a)(2)(iii), 36 CFR 219.8(a)(3)(i)(A),
219.8(a)(3)(i)(B), and 219.8(a)(3)(i)(C).
Amendments to Forest Plan riparian area and fisheries-related
standards may be needed to allow project implementation to occur. The
substantive requirements that are likely directly related to the
effects of these Forest Plan amendments are 36 CFR 219.8(a)(3)(i)(A),
219.8(a)(3)(i)(B), 219.8(a)(3)(i)(C), 219.8(a)(3)(i)(D),
219.8(a)(3)(i)(E), 219.9(a), and 219.9(b).
An amendment to a Scenic Viewshed management area standard from the
Forest Plan may be needed to allow project implementation to occur. The
substantive requirements that are likely directly related to the
effects of this Forest Plan amendment are 36 CFR 219.8(b)(2) and
219.10(a)(1).
New road construction and rock material extraction, processing, and
hauling within a designated riparian reserve may not meet all the
Aquatic Conservation Strategy Objectives under the Northwest Forest
Plan. Therefore, amendments may be necessary. The substantive
requirements that are likely directly related to the effects of these
Forest Plan amendments are 36 CFR 219.8(a)(2)(iii), 219.8(a)(3),
219.9(a) and 219.9(b).
Authorities
This document is published as specified by the NEPA regulations
regarding publication of an NOI to issue an EIS. Watershed planning is
authorized under the Watershed Protection and Flood Prevention Act of
1954, as amended, and the Flood Control Act of 1944.
Federal Assistance Programs
The title and number of the Federal Assistance Programs as found in
the Assistance Listing \1\ 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 project 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, 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.
Individuals 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 telephone) or dial 711
for Telecommunications Relay Service (both voice and text telephone
users can initiate this call from any phone). 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-aprogram-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: (1) mail to: U.S. Department of Agriculture,
Office of the Assistant Secretary for Civil Rights, 1400 Independence
Avenue SW, Washington, DC 20250-9410; (2) fax (202) 690-7442 or (3)
email: [email protected].
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USDA is an equal opportunity provider, employer, and lender.
Greggory Becker,
Oregon State Conservationist, Natural Resources Conservation Service.
James Abbas,
Acting Mt. Hood National Forest Supervisor, USDA Forest Service.
[FR Doc. 2025-11210 Filed 6-17-25; 8:45 am]
BILLING CODE 3410-16-P