Notice of Intent To Prepare an Environmental Impact Statement, White Mountain Apache Tribe Rural Water System Project, Apache County, Arizona
| Published date | 19 April 2021 |
| Citation | 86 FR 20406 |
| Record Number | 2021-07974 |
| Section | Notices |
| Court | Reclamation Bureau |
Federal Register, Volume 86 Issue 73 (Monday, April 19, 2021)
[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Pages 20406-20408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07974]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR03250000, 21XR0680G1, RX15232000WMENVIR]
Notice of Intent To Prepare an Environmental Impact Statement,
White Mountain Apache Tribe Rural Water System Project, Apache County,
Arizona
AGENCY: Bureau of Reclamation, Interior.
ACTION: Notice of intent; request for comments.
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SUMMARY: The Bureau of Reclamation (Reclamation), as the lead Federal
agency, intends to prepare an Environmental Impact Statement (EIS) to
evaluate the effects of the construction and operation of the proposed
White Mountain Apache Tribe (WMAT) Rural Water System Project. The
WMAT, Bureau of Indian Affairs (BIA), and U.S. Army Corps of Engineers
(USACE) have been identified as cooperating agencies. Reclamation
requests comments concerning the scope of the analysis and
identification of relevant information, studies, and analyses.
DATES: Submit comments on or before May 19, 2021. The draft EIS is
scheduled for December 2021 and the final EIS is scheduled for November
[[Page 20407]]
2022 with a Record of Decision issued in January 2023.
ADDRESSES: Send written comments on the EIS to the Phoenix Area Office,
Bureau of Reclamation (Attn: WMAT Rural Water System EIS), 6150 West
Thunderbird Road, Glendale, AZ 85306. Comments may also be sent via
email to [email protected], or via the Project website at: https://www.wmat-rws-eis.com/.
FOR FURTHER INFORMATION CONTACT: Mr. Dominic Graziani at (623) 773-6216
or via email at [email protected]. Individuals who use
telecommunication devices for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: Pursuant to the WMAT Water Rights
Quantification Act (Title III of the Claims Resolution Act of 2010)
(Act), the U.S. Congress authorized the Secretary of the Interior
(Secretary), through an Indian Self-Determination and Education
Assistance Act agreement with the WMAT, to plan, design, and construct
a project to divert, store, and distribute water from the North Fork of
the White River for the use and benefit of the WMAT. The Proposed
Action would fulfill Reclamation's statutory mandate under the Act and
would provide a long-term, dependable, and sustainable water supply for
residents and businesses on the Fort Apache Indian Reservation. This
notice also opens public scoping to identify potential issues,
concerns, and alternatives to be considered in the EIS. Pursuant to the
National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C.
4321-4347; the Council on Environmental Quality's Regulations for
Implementing the Procedural Provisions of NEPA, 40 CFR parts 1500-1508;
and the Department of the Interior's regulations, 43 CFR part 46,
Reclamation, as the lead federal agency, intends to prepare an EIS. The
proposed Project would construct and operate a dam, storage reservoir,
pumping plant, treatment facilities, and a distribution system that
would provide water to communities located on the Fort Apache Indian
Reservation. Reclamation first issued a Notice of Intent to prepare an
EIS for this project on September 6, 2013, but the EIS was put on hold
in August 2015 due to project complications.
Purpose and Need for the Proposed Action
The Proposed Action would provide a long-term, dependable, and
sustainable water supply for residents and businesses on the Fort
Apache Indian Reservation, Arizona.
The Proposed Action would fulfill Reclamation's statutory mandate
under the WMAT Water Rights Quantification Act (Title III of the Claims
Resolution Act of 2010) (Act) to plan, design, and construct, as well
as to operate, maintain, and replace the WMAT Rural Water System until
the date the Project is transferred to the WMAT as provided in the Act.
Preliminary Proposed Action and Alternatives
The Proposed Action consists of construction and operation of the
Project as authorized by the Act. The Proposed Action would include
construction and operation of a dam, storage reservoir, water pumping
plant, water treatment facilities, and a distribution system that would
provide water to the communities of Whiteriver, Fort Apache, Canyon
Day, Cedar Creek, Carrizo, and Cibecue located on the Fort Apache
Indian Reservation. After completion of construction and operation of
the new facilities for a period of three years by Reclamation, the WMAT
would become the titled owner and operator of the completed water
system. The proposed Miner Flat Reservoir would hold approximately
8,350 acre-feet of water and the dam would be 163 feet high and 407
feet in length. Water from the Miner Flat Reservoir would be released
to the North Fork of White River, diverted from the stream channel
upstream of the community of Whiteriver, and subsequently treated and
conveyed via pipeline to downstream Fort Apache Indian Reservation
communities. Construction of the distribution system would include 50
miles of new water transmission pipeline. As required by NEPA, the EIS
will include and consider a Proposed Action and a reasonable range of
alternatives, including a No Action Alternative. Implementation of one
of the NEPA Action Alternatives would meet current and future water
needs for the WMAT per the Act and would fulfill Reclamation's
statutory requirements under the Act.
Reasonable alternatives to the Proposed Action may include a
combination of various reservoir operations and priorities, including:
(a) Meeting projected Rural Water System demands; (b) accommodating
continuing water diversions for agricultural irrigation; and, (c)
maintaining instream flow.
Summary of Expected Impacts
The EIS will identify and describe the effects that are reasonably
foreseeable and have a reasonably close causal relationship to the
proposed action or alternatives, including those effects that occur at
the same time and place as the proposed action or alternatives and may
include effects that are later in time or farther removed in distance
from the proposed action or alternatives (40 CFR 1508.1(g)). All
potentially relevant environmental resource areas were initially
considered for analysis. Expected impacts include, but are not limited
to, positive and/or negative impacts to water resources, soils and
geology, biological resources, cultural resources, Indian Trust Assets,
transportation, socioeconomics, air quality, climate change, noise,
land use, visual resources, hazardous materials and waste, and
utilities and infrastructure. The effects of these expected impacts
will be considered in the EIS and the range of issues and alternatives
addressed may be expanded or reduced based on comments received in
response to this notice and at the virtual public scoping meeting.
Anticipated Permits and Authorizations
The Proposed Action may require the following permits,
certifications, and/or determinations:
Biological Opinion from the U.S. Fish and Wildlife Service
pursuant to Section 7 of the Endangered Species Act
Concurrence from the Tribal Historic Preservation Officer
pursuant to Section 106 of the National Historic Preservation Act
Section 404 permit from the USACE pursuant to Section 404 of
the Clean Water Act (CWA)
Water quality certification pursuant to Section 401 of the CWA
National Pollutant Discharge Elimination System permit for the
water treatment plant pursuant to Section 402 of the CWA
General permit for stormwater discharges from construction
activity pursuant to Section 402 of the CWA, and preparation of a Storm
Water Pollution Prevention Plan
BIA Road Encroachment Permit for construction work along BIA
Route 61 (Alchesay Fish Hatchery Road) and BIA Route 12
BIA Federal easement granted to Reclamation for construction
of the Rural Water System
Arizona Department of Highway Encroachment Permit for
construction work inside the right-of-way of State Highway 73
[[Page 20408]]
Schedule for the Decision-Making Process
Reclamation will conduct an environmental review to analyze the
effects of the Proposed Action, along with other alternatives
considered and the associated impacts of each alternative for the
development of a Draft EIS. Following completion of the environmental
review, Reclamation will publish a notice of availability and request
for public comments on the Draft EIS, which is expected to be made
public in December 2021. In preparing the Final EIS, which is planned
for issuance in 2022, Reclamation will respond to comments received on
the Draft EIS. At least 30 days after the Final EIS is available, the
Record of Decision will be issued in accordance with applicable
timeframes established in 40 CFR 1506.11.
Public Scoping Process
This notice of intent initiates the scoping process, which guides
the development of the EIS. Reclamation invites interested parties to
participate in the scoping process to help identify the range of
reasonable alternatives and the environmental issues to be analyzed.
A virtual public scoping meeting will be held on May 1, 2021, to
solicit comments on the scope of the EIS and the issues and
alternatives that should be analyzed. Detailed information for the
virtual scoping meeting process will be announced in advance through
local media, newspapers, and the project website at: https://www.wmat-rws-eis.com/. At the time of this publication, the dates and log-in
information for the scoping meeting will be available on the project
website.
Additional opportunities to review project materials, ask
questions, and submit comments will be provided on the project website
(https://www.wmat-rws-eis.com/) or at the phone number above. It is
important that reviewers provide their comments at such times and in
such manner that they are useful to the agency's 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. Comments received, including names and addresses of
those who comment, will be part of the public record for this Proposed
Action.
Public Availability of Comments
Before including your address, phone number, email 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.
Request for Identification of Potential Alternatives, Information, and
Analyses Relevant to the Proposed Action
Reclamation requests assistance with identifying potential
alternatives to the Proposed Action to be considered. As suggested
alternatives should still meet the purpose and need for the Proposed
Action, please be as descriptive as possible with the suggested
alternative. Reclamation also requests that potential impacts that
should be analyzed be identified. Impacts should be a result of the
action; therefore, please identify the activity and the potential
impact that should be analyzed. Information that reviewers have that
would assist in the development of alternatives or analysis of resource
issues is also helpful.
Lead and Cooperating Agencies
Reclamation is the lead Federal agency and the WMAT, BIA, and USACE
are cooperating agencies in the preparation of this EIS.
Decision Maker
The responsible official is Reclamation's Regional Director,
Interior Region 8: Lower Colorado Basin, as delegated by the Secretary
of the Interior.
Nature of Decision To Be Made
In accordance with the Act, ``the Secretary shall carry out all
necessary environmental compliance activities required by Federal law
in implementing the Agreement [WMAT Water Rights Quantification
Agreement dated January 13, 2009].'' Following completion of a final
EIS, the responsible official will approve a Record of Decision.
Karl Stock,
Acting Regional Director, Interior Region 8: Lower Colorado Basin,
Bureau of Reclamation.
[FR Doc. 2021-07974 Filed 4-16-21; 8:45 am]
BILLING CODE 4332-90-P
