[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Notices]
[Pages 16659-16661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7995]
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DEPARTMENT OF THE INTERIOR
Record of Decision Documenting the Department of Interior's
Approval for the Central Utah Water Conservancy District To Proceed
With the Construction of the Diamond Fork Pipeline, Access Road and
Appurtenant Facilities as Part of the Diamond Fork System of the
Bonneville Unit of the Central Utah Project, Utah
AGENCY: Office of the Assistant Secretary for Water and Science,
Department of the Interior.
ACTION: Notice of availability of the Diamond Fork pipeline Record of
Decision.
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Record of Decision
January, 1995
I. Introduction
This document constitutes the Record of Decision (ROD) of the
Department of the Interior (Department), documenting the Department's
approval for the Central Utah Water Conservancy District (District) to
proceed with the construction of the Diamond Fork Pipeline, Access Road
and Appurtenant facilities (Diamond Fork Pipeline System) as part of
the Diamond Fork System of the Bonneville Unit of the Central Utah
Project, as presented in the Recommended Plan in the Final Supplement
to the Final Environmental Impact Statement (INT-FES 90-7, dated
February 22, 1990) (1990 FS-FEIS), prepared in compliance with the
National Environmental Policy Act (NEPA). This project was authorized
as a participating project of the Colorado River Storage Project by the
Act of April 11, 1956 (70 Stat. 105).
In accordance with the Record of Decision signed by the
Commissioner of Reclamation on July 20, 1990 (1990 ROD), copy attached,
the Bureau of Reclamation (Reclamation) began implementing the
Recommended Plan by constructing Syar Tunnel and the Sixth Water
Aqueduct. However, pursuant to the Central Utah Project Completion Act
(Titles II through VI of Public Law 102-575, 106 Stat. 4605, October
30, 1992), (CUPCA), the District has adopted the Recommended Plan for
the Diamond Fork Pipeline System as described in the 1990 FS-FEIS, and
agrees to comply with the environmental commitments, constraints
(e.g.--pipeline capacity and diameter, annual transbasin diversion, and
other operational conditions), and recommendations as described in the
1984 Final Environmental Impact Statement (1984 FEIS) and the 1990 FS-
FEIS, and the January 5, 1995, Biological Opinion, copy attached, and
to honor all applicable Federal and State laws, including the Drainage
and Minor Construction (D&MC) contract dated November 28, 1994, and the
Compliance and Cost Sharing Agreements between the United States and
the District dated August 11, 1993.
II. Recommended Decision
The Program Director, CUP Completion Act Office recommends
proceeding with the construction of the Diamond Fork Pipeline, Access
Road, and Appurtenant facilities, as identified in the Recommended Plan
in the 1990 FS-FEIS. The Recommended Plan is the most environmentally
acceptable, and consistent with the authorized project plan. The
Recommended Plan is briefly summarized in section V of this ROD.
III. Basis for Decision
Approval of Reclamation's Recommended Plan in the 1990 ROD was the
direct result of a public consultation and coordination process. Of the
three downsized alternatives presented in the 1990 FS-FES, the
Recommended Plan is the most publicly acceptable method of meeting
obligations of the 1980 Instream Flow Agreement while allowing for
completion of the authorized project plan as provided for in CUPCA.
In accordance with Section 202(a)(6)(B) of CUPCA, the Department
and the District executed a D&MC contract on November 28, 1994, that
binds the District to provide the non-Federal cost sharing required in
the CUPCA for the Diamond Fork Pipeline, Access Road, and Appurtenant
facilities, to design and construct these facilities, and to comply
with all Federal fish, wildlife, recreation and environmental laws in
accordance with the August 11, 1993, Compliance Agreement.
In its Preconstruction Report that was submitted to the Department
on December 12, 1994, copy enclosed, the District officially adopted
the Recommended Plan and Mitigation plan, and agreed to comply with the
environmental commitments that are identified in the 1990 FS-FEIS for
the Diamond Fork System, and the applicable provision of Reclamation's
1990 ROD. Section VI, ``Environmental Commitments and Monitoring'', of
this ROD summarizes the District's environmental commitments and
obligations.
On December 19, 1994, the Department approved the District's
Preconstruction report and documented again the District's obligations
and environmental commitments, copy [[Page 16660]] attached. The
approval of the Preconstruction Report and this ROD fulfills the final
prerequisites contained in the August 11, 1993, Cost Sharing Agreement
required prior to initiation of construction of the Diamond Fork
Pipeline System.
IV. Decision
The Department's decision is to approve the District proceeding
with the construction of the Diamond Fork Pipeline, Access Road, and
Appurtenant facilities.
V. Recommended Plan
The Recommended Plan for the system would facilitate the transbasin
diversion of an annual average of 101,900 acre-feet of Bonneville Unit
water and 61,500 acre-feet of Strawberry Valley Project water from the
Uinta Basin to the Bonneville Basin.
Additionally, the system would provide recreation and fishery
benefits, wildlife mitigation measures, flood and water quality
control, and potential hydroelectric power generation. The transbasin
diversion (reduced by 37,900 acre-feet from the recommended plan in the
1984 FEIS) would fulfill the Instream Flow Agreement of 1980, the goal
of which was to mitigate up to 50 percent of the fishery impact caused
by the Bonneville Unit on streams in the Uinta Basin. The remaining 50
percent would be accomplished through the Aquatic Mitigation Plan
developed for the Bonneville Unit. This plan was finalized in December
1988.
Under the Recommended Plan, the Diamond Fork Pipeline System would
receive water from Strawberry Reservoir through the already completed
Syar Tunnel. From the tunnel outlet, water would enter Sixth Water
Aqueduct, which would include Sixth Water Pipeline, Sixth Water Shaft,
and Sixth Water Tunnel, all of which have been completed. Water from
the aqueduct would be discharged into Sixth Water Creek and
subsequently enter the proposed Monks Hollow Reservoir. From the
reservoir, a portion of the water would enter the proposed Diamond Fork
Pipeline and be conveyed to a proposed bifurcation structure near the
confluence of Diamond Fork and the Spanish Fork River. Monks Hollow
Reservoir releases not conveyed in the Diamond Fork Pipeline would
enter the Diamond Fork stream channel below Monks Hollow Dam and
subsequently, the Spanish Fork River.
The Diamond Fork Pipeline, with a capacity of 510 cubic feet per
second (cfs), is included in the Recommended Plan for the purpose of
removing project water, as well as existing high irrigation flows, from
the lower Diamond Fork stream channel. The pipeline would provide
considerable enhancement of the Diamond Fork fishery. Under project
conditions, the highest average monthly flow below Monks Hollow
Reservoir would be 183 cfs. This compares to 294 cfs without the
project. The lowest average monthly flow for the minimum year with the
project is 5 cfs, as compared to 3 cfs without the project.
Construction access will be provided by the existing Diamond Fork Road,
which extends from U.S. Highway 6-89 at the mouth of the canyon
northeast along the Diamond Fork stream channel. In many areas the
Diamond Fork Pipeline will be located in the shoulder of the road.
Consequently, in conjunction with the pipeline construction, about 7
miles of the road will be improved to a 24-foot-wide asphalt-surfaced
road.
VI. Environmental Commitments and Monitoring
A. Environmental Commitments in the 1990 FS-FEIS
A list of the major environmental commitments made for the Diamond
Fork Pipeline System is documented on pages 195-196 of the 1990 FS-
FEIS. In the District's Preconstruction Report, the District committed
to comply with all the environmental commitments associated with the
construction of the Diamond Fork Pipeline System. This includes the
following environmental commitments:
1. A total capacity of 510 cfs will be included in the Diamond Fork
Pipeline for the purpose of removing project water, as well as existing
high irrigation flows, from the lower Diamond Fork to mitigate
potential project impacts and provide enhancement to the fishery
resource.
2. Public fishing access will be acquired in the lower 2 miles of
Diamond Fork.
3. A General Plan will be prepared by the District and approved by
the Department and the managing agency for the mitigation measures
involving land transfers to other agencies. Specific wildlife
management plans will be prepared by the managing agencies for each
management area. The General Plan and the specific wildlife management
plans will be approved by the Department and the Fish and Wildlife
Service before mitigation lands are developed or transferred to another
agency for management.
4. The District will continue monitoring the nesting activity of
golden eagles in the Diamond Fork area for a period of at least 5 years
after completion of the project.
B. Environmental Requirements of the Central Utah Project Completion
Act
The CUPCA and the documents executed pursuant to that Act (the two
August 11, 1993, Agreements and the November 28, 1994, D&MC contract)
set forth the District's additional environmental requirements.
Among the areas of concern are minimum flow requirements. It is
anticipated that the Strawberry Valley Project would continue to
operate as it does now. Under the M&I System plan, Reclamation
stipulated that Bonneville Unit water conveyed through the Diamond Fork
drainage would be limited to 30,000 acre-feet annually until the
Diamond Fork Power System is in place. This limited delivery would take
place during the off-peak and nonirrigation seasons and flows would be
limited so as to not degrade the stream channels.
Title III of the CUPCA requires that minimum flows be maintained in
the Diamond Fork stream between Monks Hollow Dam and the confluence
with the Spanish Fork River. These required flows are 80 cubic-feet per
second from May through September and 60 cubic-feet per second from
October through April.
The CUPCA also authorizes funds for fish habitat restoration and
improvements in the Diamond Fork River and Sixth Water Creek drainage.
Under the CUPCA, the Utah Reclamation Mitigation and Conservation
Commission has responsibility for administering the mitigation and
conservation funds available under the Act.
C. Endangered Species--Conservation Recommendations
As part of its environmental compliance for the 1990 FS-FEIS,
Reclamation determined that the construction and operation of the
Diamond Fork System would not affect any listed nor candidate species
identified under the Endangered Species Act. The U.S. Fish & Wildlife
Service (Service) concurred in the no effect determination. Since the
filing of the FS-FEIS, a plant known as Ute ladies'-tresses orchid
(Spiranthes diluvialis) has been added to the endangered species list
as a threatened species. Consequently, the District entered into
Section 7 consultation with the Service and submitted a Biological
Assessment to the Service for their determination of effect. The
Service's January 5, 1995, Biological Opinion concludes that: (1) the
water depletion [[Page 16661]] associated with construction of the
Diamond Fork Pipeline System is 100 acre-feet or less, and sufficient
progress has been attained by the Recovery Implementation Program to
avoid the likelihood of jeopardy to the Colorado River endangered fish
species; and (2) the construction of the pipeline and access road will
affect, but is not likely to jeopardize the continued existence of the
Ute ladies'-tresses orchid. The Service made six conservation
recommendations pursuant to Section 7(a)(1) of the Endangered Species
Act. Conservation recommendations are discretionary agency activities
to minimize or avoid adverse effects of a proposed action on listed
species or critical habitat, to help implement recovery plans, or to
develop information. In their January 5, 1995, letter to the Service,
copy enclosed, and in their January 19, 1995, letter to the Program
Director, copy enclosed, the District agreed to implement the following
Conservation Recommendations included in the January 5, 1995,
Biological Opinion. Those conservation recommendations are stated
verbatim as follows:
1. The District should prepare an Environmental Commitment
Checklist (ECC) detailing requirements for construction methods and
associated activities that are designed to avoid or minimize
environmental impacts of the construction project, including impacts
to the Ute ladies'-tresses orchid. For example, the ECC should
specify requirements that will prevent impacts to the orchid outside
of the construction area; establish the minimum necessary boundaries
of the construction zone; and, provide a qualified individual to
monitor construction activity during stream crossings and at any
other sensitive locations identified by the Service. The ECC should
be prepared in consultation with cooperating environmental oversight
agencies, including the Service. The Service recommends that the
District provide this document for Service review and approval prior
to initiation of construction.
2. The District should prepare a site rehabilitation/
revegetation plan in consultation with, and acceptable to, both the
Service and the Forest Service. The plan should include
specifications for undesirable plant species monitoring and
management.
3. The District should conduct surveys for the Ute ladies'-
tresses orchid in areas to be disturbed during the flowering season
immediately prior to construction. Plants should be counted and
flagged.
4. The District should provide funds for the removal, holding,
and transplanting of plants that will be impacted by construction.
Plants should be transplanted to a holding facility approved by the
Service, such as the Red Butte Garden and Arboretum of the
University of Utah. Plants should be maintained there until the
following activities occur under the direction of the Service:
a. Selected plants will be transplanted back into the areas from
which they were taken when the sites have been rehabilitated and
appropriate conditions created to ensure successful reestablishment.
b. Selected plants will be maintained in the holding facility,
and serve as propagation stock as determined desirable, for future
reintroduction to other areas in the Diamond Fork drainage or along
the Wasatch Front. This will ensure that there is a source of
genetically compatible individuals to augment or replace populations
that may be impacted by the construction and operation of the
Diamond Fork System on Diamond Fork and Spanish Fork drainage or
Utah Lake caused by operation of the Diamond Fork System.
c. Plants selected by the Service would be available to
researchers for conducting approved life history research.
5. After the identified plants have been removed from the impact
area, surface substrates (top 6-12 inches) should be scraped off and
stockpiled. Following construction, site rehabilitation activities
should include replacing the removed surface materials. To the
extent possible, compaction and contamination of surface soils with
undesirable plant species or other materials should be avoided.
6. The District should prepare and implement a monitoring plan
in consultation with, and acceptable to, the Service and the Forest
Service. The monitoring plan should be for a minimum of 10 years and
have the following objectives:
a. Document the presence and vigor of orchid individuals
transplanted back into disturbed sites.
b. Determine the presence and number of new individuals that
appear on disturbed sites.
c. Document hydrologic conditions, principally soil moisture and
depth to groundwater, seasonally in disturbed sites.
d. Monitor the presence of undesirable plant species and effects
of management activities for their control.
e. Over the 10 year monitoring period, document major changes in
plant community composition, with particular focus on detecting and
documenting changes from a wetland riparian community to a drier,
upland riparian community.
D. Environmental Permits
Several water quality permits must be obtained prior to
construction of the Diamond Fork Pipeline, Access Road, and Appurtenant
facilities. The Clean Water Act of 1977 (P.L. 95-217) requires that
Section 402 permits be obtained from Utah Department of Environmental
Quality through authority granted by the Environmental Protection
Agency for the discharge of any wastewater or process water. Section
404(r) of P.L. 95-217 contains provisions to exempt, in certain
instances, congressionally authorized Federal projects from having to
obtain a Section 404 Permit from the Army Corps of Engineers for
discharge of dredged or fill material into waters of the United States.
On November 29, 1994, the Department of the Interior's Program Director
submitted the Diamond Fork 1984 FEIS and 1990 FS-FEIS to the Chairman
of the U.S. Senate Appropriations Subcommittee on Energy and Water
Development and the U.S. House of Representatives Appropriations
Subcommittee on Energy and Water Development to ensure the project is
in full compliance with Section 404(r) of the Clean Water Act, copies
attached. The construction contract will not be awarded and no actual
discharge of dredged or fill material in connection with the
construction of the Diamond Fork Pipeline System will occur until
fiscal year 1996 funds are appropriated by the Congress.
E. Environmental Commitment Plan
The District will prepare a detailed project Environmental
Commitment Plan, documenting all mitigation measures and environmental
commitments made in the 1984 FEIS and the 1990 FS-FEIS prior to the
award of the construction contract of the Diamond Fork Pipeline System.
The Environmental Commitment Plan will be developed during the final
design and implemented during construction, and operation of the
Recommended Plan.
FOR FURTHER INFORMATION: Additional information on matters related to
this Federal Register notice can be obtained at the address and
telephone number set forth below: Mr. Reed Murray, Program Coordinator,
CUP Completion Act Office, Department of the Interior, 302 East 1860
South, Provo UT 84606-6154, Telephone: (801) 379-1237.
Dated: March 30, 1995.
Ronald Johnston,
CUP Program Director, Department of the Interior.
[FR Doc. 95-7995 Filed 3-30-95; 8:45 am]
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