[Federal Register Volume 64, Number 161 (Friday, August 20, 1999)] [Notices] [Pages 45502-45504] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-21635] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service Wolf Creek Ditch Special Use Permit, Okanogan National Forest, Okanogan County, WA AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. ----------------------------------------------------------------------- SUMMARY: The USDA, Forest Service, will prepare an environmental impact statement (EIS) on a proposal to issue an easements and special use permits to the Wolf Creek Reclamation District to [[Page 45503]] operate and maintain the Wolf Creek and Little Wolf Creek irrigation ditches and access the ditches over Forest Service roads. In addition to issuing easements and special use permits, the proposed action includes replacing the existing log diversion structure with a concrete structure, which will allow for fish passage, and realigning the existing culvert at the beginning of the ditch. The EIS will develop a range of alternatives for operation and maintenance of the ditch. The alternatives will include the No Action alternative, whereby no easements or special use permits would be issued to the Wolf Creek Reclamation District, and no water would be allowed to flow down the ditch, and alternatives that respond to issues identified during the scoping process. The proposed action is consistent with the direction in the 1989 Okanogan National Forest Land and Resource Management Plan (Forest Plan), as amended by the 1994 Northwest Forest Plan, which provide overall guidance for management of the area. Implementation of this proposal is scheduled to begin in summer 2000. The Forest Service invites written comments on this project. In addition, the agency gives notice of this environmental analysis so that interested and affected people are aware of how they may participate and contribute to the decision making process. DATES: Comments concerning the scope and implementation of the proposal should be received in writing by September 10, 1999. ADDRESSES: Send written comments and suggestions concerning this project to Sonny J. O'Neal, Forest Supervisor, Okanogan National Forest, 1240 S. Second Ave., Okanogan, Washington, 98840. FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed action and the scope of analysis to Jan Flatten, Project Team Leader at 1240 South Second Avenue, Okanogan, WA, (509) 826-3277. SUPPLEMENTARY INFORMATION: The Wolf Creek Reclamation District has held a special use permit to operate and maintain the Wolf Creek irrigation ditch since 1921. The Reclamation District provides both domestic and agricultural water to residents, businesses and public agencies along the ditch. The portion of the ditch on National Forest System lands (NFS) is located in Sections 1 and 2 of Township 34 North, Range 20 East, Willamette Merdian. The ditch on NFS lands spans approximately one mile, from the headgate on Wolf Creek just below the boundary of the Lake Chelan-Sawtooth Wilderness, across Little Wolf Creek to private land. The ditch eventually empties into Patterson Lake, where it is then channeled around Patterson Mountain to service private lands and the Methow Valley School District. The ditch currently has a log diversion dam and a temporary flat fish screen installed in the summer of 1999 at the headgate on Wolf Creek. The headgate is currently inaccessible by road and is located at the edge of the Sawtooth inventoried Roadless Area. The Reclamation District currently holds a temporary special use permit for operation and maintenance of the ditch. In 1997, steelhead were listed as an endangered species under the Endangered Species Act. Bull trout were listed as a threatened species in 1998, and Upper Columbia River Spring Chinook Salmon were listed as an endangered species in 1999. All three species are found in Wolf Creek. The Wolf Creek Reclamation District does not hold a special use permit for the little Wolf Creek ditch. The analysis area is located entirely in matrix lands under the Northwest Forest Plan, and is managed for wildlife (MA-5; 30%) under the Okanogan National Forest Land and Resource Management Plan (Forest Plan). This EIS will tier to the Forest Plan, as amended by the Northwest Forest Plan. The amended Forest Plan provides forest-wide standards and guidelines, management area standards and guidelines, management area standards and guidelines, and desired future conditions for the various lands on the Forest. This direction is provided for management practices that will be utilized during the implementation of the amended Forest Plan. In the early 1990s, the Wolf Creek Reclamation District applied for an easement for the ditch under Public Law 99-545 (Colorado Ditch Bill), which makes issuance of the easement to qualifying irrigation ditches non-discretionary. The proposed action for the Wolf Creek Ditch easements and special use permits would permit the Wolf Creek Reclamation District to continue to operate and maintain the Wolf Creek and Little Wolf Creek irrigation ditches. Not allowing continued operation and maintenance of the ditches might have adverse social and economic impacts. Access to the Wolf Creek headgate would be via helicopter, all terrain vehicles and a \1/4\ to \1/2\ mile long tractor trail to allow for replacement of the headgate and diversion structure and realignment of the culvert. The proposed action would be adjusted between draft and final EIS to comply with any terms and conditions identified by the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) as a result of a Biological Opinion on the listed species. The following preliminary issues have been identified for this project: (1) Species listed under the Endangered Species Act (steelhead, bull trout and spring Chinook salmon) reside in Wolf Creek and may be adversely affected; (2) The headgate for the ditch is located near the boundary of an inventoried roadless area and building an access trail could potentially substantially alter the unroaded and undeveloped character of that portion of the roadless area; (3) The Lake-Chelan Sawtooth Wilderness boundary is approximately 500 feet upstream from the existing headgate and reconstruction activities may have short term impacts on wilderness users; and (4) Trail construction and stream crossings of heavy equipment, headgate replacement, culvert re-alignment, and diversion dam construction may increase sedimentation in Wolf Creek. The Forest Service will be seeking information, comments and assistance from Federal, State, local agencies, tribes, and other individuals or organizations who may be interested or affected by the proposed project. This information will be used to determine the issues significant to the development and analysis of alternatives, to determine the appropriate range of alternative ways of implementing the proposed action, and to guide the analysis of effects. The scoping process will include the following:Identification of potential issues; Identification of issues to be analyzed in depth; Elimination of insignificant issues or those which have been covered by a relevant previous environmental process; Exploration of alternative ways to implement the proposed actions based on the issues identified during the scoping process; and Determination of environmental effects of the proposed action and alternatives (i.e. direct, indirect, and cumulative effects and connected actions). The analysis will develop a range of alternatives from No Action to alternatives allowing for operation and maintenance of the irrigation that respond to the significant issues. The draft EIS is expected to be filed with the Environmental Protection Agency (EPA) and to be available for [[Page 45504]] public review by January 2000. The comment period on the draft EIS will be 45 days from the date EPA publishes the notice of availability of the draft EIS in the Federal Register. The Forest Service believes it is important to give reviewers notice at this early stage of several court rulings related to public participation in the environmental review process. First, a reviewer of a draft EIS must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft EIS stage but that are not raised until after completion of the final EIS may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 f. 2d 1016, 1022 (9th Cir, 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45 day comment period so that substantive comments and objectives are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final EIS. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft EIS should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft EIS or the merits of the alternatives formulated and discussed in the statement. (Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points). Individuals and organizations who write to comment on projects may have their letters released in their entirety, if requested under the Freedom of Information Act. The final EIS is scheduled to be completed in March 2000. In the final EIS, the Forest Service is required to respond to comments and responses received during the comment period that pertain to the environmental consequences discussed in the draft EIS and applicable laws, regulations, and policies considered in making the decision regarding this proposal. Sonny O'Neal, Forest Supervisor, is the responsible official. As responsible official, he will document the project decision and rationale in a Record of Decision. That decision will be subject to Forest Service Appeal Regulations (36 CFR Part 215 and 36 CFR 251). Dated: August 13, 1999. Stuart Woolley, Acting Deputy Forest Supervisor, Okanogan National Forest. [FR Doc. 99-21635 Filed 8-19-99; 8:45 am] BILLING CODE 3410-11-M