Friday, October 29, 2004
FEDERAL REGISTER, Oct. 29, 2004
DEPARTMENT OF ENERGY (Bonneville Power Administration) published Notice of Availability of Revised Record of Decision to offer contract terms for an optional electrical interconnection of the proposed Summit/Westward Project into the Federal Columbia River Transmission System at a point near the existing Wauna Substation of the Clatskanie People's Utility District (CPUD), Columbia County, Oregon.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final EISs:
Draft EISs
ERP No. D-NAS-K11114-HI Rating EC2, Outrigger Telescopes Project, Proposed for the W.M. Keck Observatory Site within the Mauna Kea Science Reserve, Funding, Construction, Installation and Operation, Island of Hawaii.
ERP No. D-NOA-K91013-HI Rating EC2, Seabird Interaction Mitigation Methods, To Reduce Interaction with Seabird in Hawaii-Based Longline Fishery and Pelagic Squid Fishery Management, To Establish an Effective Management Framework for Pelagic Squid Fisheries, Fishery Management Plan, Pelagic Fisheries of the Western Pacific Region, Exclusive Economic Zone of the U.S. and High Sea.
ERP No. D-NOA-L91025-00 Rating EC2, 2005-2006 Pacific Coast Groundfish Fishery, Proposed Acceptable Biological Catch and Optimum Yield Specifications and Management Measures, WA, OR and CA.
ERP No. D-NOA-L99010-AK Rating LO, Pribilof Islands Setting for the Annual Subsistence Harvest of Northern Fur Seals, To Determine and Publish the Take Ranges, Pribilof Islands, AK.
ERP No. DS-TPT-K61154-CA Rating LO, Presidio Trust Public Health Service Hospital (PUSH or Building 1801) at the Presidio of San Francisco (Area B) of Presidio Trust Management Plan, To Rehabilitate and Reuse Buildings, Gold Gate National Recreation Area, San Francisco Bay, Marin County, CA.
Final EISs
ERP No. F-AFS-J65375-MT Sheep Creek Range Analysis, Grazing and Special Use Allotments Reorganization, Grazing and Special Use Permits Issuance, Lewis and Clark National Forest, White Sulphur Springs Ranger District, Meagher and Cascade Counties, MT.
ERP No. F-AFS-L65372-AK Threemile Timber Sale, Implementation, Petersburg Ranger District, Tongass National Forest, AK.
ERP No. F-AFS-L65373-AK Gravina Island Timber Sale, Implementation, Timber Harvest and Related Activities, Ketchikan-Misty Fiords Ranger District, Tongass National Forest, AK.
ERP No. F-AFS-L65452-ID South Fork Wildfire Salvage Project, Harvesting Fire-Killed and Imminently Dead Trees, Cascade Ranger District, Boise National Forest, Valley County, ID.
ERP No. F-BLM-L65446-AK Alpine Satellite Development Plan, Construction and Operation of Five Oil Production Pads, Associated Well, Roads, Airstrips, Pipelines and Powerlines, Authorization and Permits Issuance, Northeast corner of the National Petroleum Reserve-Alaska, Colville River Delta, North Slope Borough, AK.
ERP No. F-COE-L32011-AK Akutan Harbor Navigation Improvements Project, Construction and Implementation, Bering Sea, City of Akutan, AK.
ERP No. F-NOA-E39066-FL Programmatic EIS--Seagrass Restoration in the Florida Keys National Marine Sanctuary, Implementation, U.S. Army COE Section 404 and CZMA Permits, Monroe County, FL.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of Environmental Impact Statements Filed October 18, 2004 Through October 22, 2004.
EIS No. 040495, FINAL EIS, AFS, MT, Fortine Project, To Implement Vegetation Management, Timber Harvest and Fuel Reduction Activities, Kootenai National Forest, Fortine Ranger District, Lincoln County, MT, Wait Period Ends: November 29, 2004, Contact: Joleen Dunham (406) 882-4451.
EIS No. 040496, DRAFT SUPPLEMENT, FHW, NC, Eastern Section of the Winston-Salem Northern Beltway, U.S. 52 south to I-40 Business and I-40 Business south to U.S. 311, Improvements to the Surface Transportation Network, TIP Project Nos. U-2579 and U-2579A, Forsyth County, NC, Comment Period Ends: January 5, 2005, Contact: John F. Sullivan, III, P.E. (919) 856-4346.
EIS No. 040497, FINAL SUPPLEMENT, FHW, NC, Western Section of the Winston-Salem Northern Beltway, U.S. 158 north to U.S. 52, TIP Nos. R-2247, Forsyth County, NC, Wait Period Ends: November 29, 2004, Contact: John F. Sullivan, III, P. (919) 856-4346.
EIS No. 040498, FINAL EIS, AFS, UT, Wasatch Powerbird Guides Permit Renewal, Authorization to Continue Providing Guided Helicopter Skiing Activities on National Forest System (NFS) Land on the Wasatch-Cache and Uinta National Forests, Special-Use Permit (SUP), Provo and Salt Lake City, UT, Wait Period Ends: November 29, 2004, Contact: Steve Scheid (801) 733-2689. This document is available on the Internet here.
EIS No. 040499, FINAL EIS, COE, AK, Unalaska Navigation Improvements Project, Construction of Harbor on Amaknak Island in Aleutian Island Chain, Locally known as ``Little South America, Integrated Feasibility Report, Aleutian Island, AK, Wait Period Ends: November 29, 2004, Contact: Guy McConnell (907) 753-2614.
EIS No. 040500, DRAFT EIS, FHW, UT, Brown Park Road Project, Reconstruction (Paving) and Partial Re-alignment from Red Creek to Colorado State Line, Diamond Mountain Resource Management Plan Amendment (BLM), U.S. Army COE Section 404 Permit, Daggett County, UT, Comment Period Ends: December 17, 2004, Contact: Gregory S. Punske, P.E. (801) 963-0182.
EIS No. 040501, FINAL EIS, COE, CA, Hamilton City Flood Damage Reduction and Ecosystem Restoration, Propose to Increase Flood Protection and Restore the Ecosystem, Sacramento River, Glenn County, CA Wait Period Ends: November 29, 2004, Contact: Alicia Kirchner (916) 557-6767.
EIS No. 040502, FINAL EIS, FHW, CT, CT-2/2A/32, Transportation Improvement Study, Construction, Funding, Coast Guard Bridge Permit, NPDES Permit, COE Section 10 and 404 Permit, New London County, CT, Wait Period Ends: November 29, 2004, Contact: Bradley Keazer (860) 659-6703.
EIS No. 040503, FINAL EIS, COE, CA, Matilija Dam Ecosystem Restoration Feasibility Study, Restoring Anadromous Fish Populations, Matilija Creek, Ventura River, Ventura County Watershed Protection District, Ventura County, CA, Wait Period Ends: November 29, 2004, Contact: Chris Serjack (213) 452-3865.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for the Northeast Yaak planning subunit, Kootenai National Forest, Lincoln County, Montana.
SUMMARY: The Forest Service will prepare an Environmental Impact Statement (EIS) to disclose the environmental effects of urban interface fuels treatments, vegetation management, watershed rehabilitation activities, wildlife habitat improvement, and access management changes, including road decommissioning. The project is located in the Northeast Yaak planning subunit on the Three Rivers Ranger District, Kootenai National Forest, Lincoln County, Montana, and northeast of Troy, Montana.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Cancellation of an Environmental Impact Statement for the Salmon River Canyon Project, Nez Perce National Forest, Payette National Forest, Bitteroot National Forest, Salmon/Challis National Forest, Idaho County, Idaho.
DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of the Record of Decision for the South Powder River Basin Coal Final Environmental Impact Statement, West Antelope Lease by Application Tract, Wyoming.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Decision Notice and FONSI for the proposal to rehabilitate the Bridge over the North Entrance to Ronald Reagan Washington National Airport on the George Washington Memorial Parkway, Virginia.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final EISs:
Draft EISs
ERP No. D-NAS-K11114-HI Rating EC2, Outrigger Telescopes Project, Proposed for the W.M. Keck Observatory Site within the Mauna Kea Science Reserve, Funding, Construction, Installation and Operation, Island of Hawaii.
ERP No. D-NOA-K91013-HI Rating EC2, Seabird Interaction Mitigation Methods, To Reduce Interaction with Seabird in Hawaii-Based Longline Fishery and Pelagic Squid Fishery Management, To Establish an Effective Management Framework for Pelagic Squid Fisheries, Fishery Management Plan, Pelagic Fisheries of the Western Pacific Region, Exclusive Economic Zone of the U.S. and High Sea.
ERP No. D-NOA-L91025-00 Rating EC2, 2005-2006 Pacific Coast Groundfish Fishery, Proposed Acceptable Biological Catch and Optimum Yield Specifications and Management Measures, WA, OR and CA.
ERP No. D-NOA-L99010-AK Rating LO, Pribilof Islands Setting for the Annual Subsistence Harvest of Northern Fur Seals, To Determine and Publish the Take Ranges, Pribilof Islands, AK.
ERP No. DS-TPT-K61154-CA Rating LO, Presidio Trust Public Health Service Hospital (PUSH or Building 1801) at the Presidio of San Francisco (Area B) of Presidio Trust Management Plan, To Rehabilitate and Reuse Buildings, Gold Gate National Recreation Area, San Francisco Bay, Marin County, CA.
Final EISs
ERP No. F-AFS-J65375-MT Sheep Creek Range Analysis, Grazing and Special Use Allotments Reorganization, Grazing and Special Use Permits Issuance, Lewis and Clark National Forest, White Sulphur Springs Ranger District, Meagher and Cascade Counties, MT.
ERP No. F-AFS-L65372-AK Threemile Timber Sale, Implementation, Petersburg Ranger District, Tongass National Forest, AK.
ERP No. F-AFS-L65373-AK Gravina Island Timber Sale, Implementation, Timber Harvest and Related Activities, Ketchikan-Misty Fiords Ranger District, Tongass National Forest, AK.
ERP No. F-AFS-L65452-ID South Fork Wildfire Salvage Project, Harvesting Fire-Killed and Imminently Dead Trees, Cascade Ranger District, Boise National Forest, Valley County, ID.
ERP No. F-BLM-L65446-AK Alpine Satellite Development Plan, Construction and Operation of Five Oil Production Pads, Associated Well, Roads, Airstrips, Pipelines and Powerlines, Authorization and Permits Issuance, Northeast corner of the National Petroleum Reserve-Alaska, Colville River Delta, North Slope Borough, AK.
ERP No. F-COE-L32011-AK Akutan Harbor Navigation Improvements Project, Construction and Implementation, Bering Sea, City of Akutan, AK.
ERP No. F-NOA-E39066-FL Programmatic EIS--Seagrass Restoration in the Florida Keys National Marine Sanctuary, Implementation, U.S. Army COE Section 404 and CZMA Permits, Monroe County, FL.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of Environmental Impact Statements Filed October 18, 2004 Through October 22, 2004.
EIS No. 040495, FINAL EIS, AFS, MT, Fortine Project, To Implement Vegetation Management, Timber Harvest and Fuel Reduction Activities, Kootenai National Forest, Fortine Ranger District, Lincoln County, MT, Wait Period Ends: November 29, 2004, Contact: Joleen Dunham (406) 882-4451.
EIS No. 040496, DRAFT SUPPLEMENT, FHW, NC, Eastern Section of the Winston-Salem Northern Beltway, U.S. 52 south to I-40 Business and I-40 Business south to U.S. 311, Improvements to the Surface Transportation Network, TIP Project Nos. U-2579 and U-2579A, Forsyth County, NC, Comment Period Ends: January 5, 2005, Contact: John F. Sullivan, III, P.E. (919) 856-4346.
EIS No. 040497, FINAL SUPPLEMENT, FHW, NC, Western Section of the Winston-Salem Northern Beltway, U.S. 158 north to U.S. 52, TIP Nos. R-2247, Forsyth County, NC, Wait Period Ends: November 29, 2004, Contact: John F. Sullivan, III, P. (919) 856-4346.
EIS No. 040498, FINAL EIS, AFS, UT, Wasatch Powerbird Guides Permit Renewal, Authorization to Continue Providing Guided Helicopter Skiing Activities on National Forest System (NFS) Land on the Wasatch-Cache and Uinta National Forests, Special-Use Permit (SUP), Provo and Salt Lake City, UT, Wait Period Ends: November 29, 2004, Contact: Steve Scheid (801) 733-2689. This document is available on the Internet here.
EIS No. 040499, FINAL EIS, COE, AK, Unalaska Navigation Improvements Project, Construction of Harbor on Amaknak Island in Aleutian Island Chain, Locally known as ``Little South America, Integrated Feasibility Report, Aleutian Island, AK, Wait Period Ends: November 29, 2004, Contact: Guy McConnell (907) 753-2614.
EIS No. 040500, DRAFT EIS, FHW, UT, Brown Park Road Project, Reconstruction (Paving) and Partial Re-alignment from Red Creek to Colorado State Line, Diamond Mountain Resource Management Plan Amendment (BLM), U.S. Army COE Section 404 Permit, Daggett County, UT, Comment Period Ends: December 17, 2004, Contact: Gregory S. Punske, P.E. (801) 963-0182.
EIS No. 040501, FINAL EIS, COE, CA, Hamilton City Flood Damage Reduction and Ecosystem Restoration, Propose to Increase Flood Protection and Restore the Ecosystem, Sacramento River, Glenn County, CA Wait Period Ends: November 29, 2004, Contact: Alicia Kirchner (916) 557-6767.
EIS No. 040502, FINAL EIS, FHW, CT, CT-2/2A/32, Transportation Improvement Study, Construction, Funding, Coast Guard Bridge Permit, NPDES Permit, COE Section 10 and 404 Permit, New London County, CT, Wait Period Ends: November 29, 2004, Contact: Bradley Keazer (860) 659-6703.
EIS No. 040503, FINAL EIS, COE, CA, Matilija Dam Ecosystem Restoration Feasibility Study, Restoring Anadromous Fish Populations, Matilija Creek, Ventura River, Ventura County Watershed Protection District, Ventura County, CA, Wait Period Ends: November 29, 2004, Contact: Chris Serjack (213) 452-3865.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for the Northeast Yaak planning subunit, Kootenai National Forest, Lincoln County, Montana.
SUMMARY: The Forest Service will prepare an Environmental Impact Statement (EIS) to disclose the environmental effects of urban interface fuels treatments, vegetation management, watershed rehabilitation activities, wildlife habitat improvement, and access management changes, including road decommissioning. The project is located in the Northeast Yaak planning subunit on the Three Rivers Ranger District, Kootenai National Forest, Lincoln County, Montana, and northeast of Troy, Montana.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Cancellation of an Environmental Impact Statement for the Salmon River Canyon Project, Nez Perce National Forest, Payette National Forest, Bitteroot National Forest, Salmon/Challis National Forest, Idaho County, Idaho.
DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of the Record of Decision for the South Powder River Basin Coal Final Environmental Impact Statement, West Antelope Lease by Application Tract, Wyoming.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Decision Notice and FONSI for the proposal to rehabilitate the Bridge over the North Entrance to Ronald Reagan Washington National Airport on the George Washington Memorial Parkway, Virginia.
Thursday, October 28, 2004
NINTH CIRCUIT ROUNDUP
Links for three Ninth Circuit opinions issued earlier this month:
City of Sausalito v. O'Neill (City loses)
Cetacean Community v. Bush (Whales lose)
National Wildlife Federation v. USACOE (Corps wins)
City of Sausalito v. O'Neill (City loses)
Cetacean Community v. Bush (Whales lose)
National Wildlife Federation v. USACOE (Corps wins)
NINTH CIRCUIT, Oct. 28, 2004
A three-judge panel of the Court issued its opinion in Klamath-Siskiyou Wildlands Center v. BLM.
Appellant challenged the Indian Soda and Conde Shell timber sales proposed by BLM in the South Fork Little Butte Creek watershed in the Cascade Mountains of southwest Oregon. Pursuant to the NEPA, the BLM conducted environmental assessments to assess the potential environmental impacts posed by the Conde Shell and Indian Soda sales. Appellant claimed that the EAs were legally insufficient because (1) they failed to adequately evaluate and discuss the potential cumulative environmental impacts posed by the sales in combination with other major activities in the watershed, and (2) the environmental effects of the two sales, along with two other adjacent proposed sales, should all have been discussed in a single NEPA document.
The district court entered summary judgment in favor of the BLM. To make an informed decision about how or whether to proceed with the proposed projects and to comply with NEPA, an agency must identify their potential combined environmental impacts and make that information available to the public. The Ninth Circuit reversed the judgment of the district court because the analyses performed by the BLM do not sufficiently consider the cumulative impacts posed by the timber sales.
The Court also issued a correction to its opinion in Gifford Pinchot Task Force v. USF&WS, filed on August 6, 2004 and published at 378 F.3d 1059.
Appellant challenged the Indian Soda and Conde Shell timber sales proposed by BLM in the South Fork Little Butte Creek watershed in the Cascade Mountains of southwest Oregon. Pursuant to the NEPA, the BLM conducted environmental assessments to assess the potential environmental impacts posed by the Conde Shell and Indian Soda sales. Appellant claimed that the EAs were legally insufficient because (1) they failed to adequately evaluate and discuss the potential cumulative environmental impacts posed by the sales in combination with other major activities in the watershed, and (2) the environmental effects of the two sales, along with two other adjacent proposed sales, should all have been discussed in a single NEPA document.
The district court entered summary judgment in favor of the BLM. To make an informed decision about how or whether to proceed with the proposed projects and to comply with NEPA, an agency must identify their potential combined environmental impacts and make that information available to the public. The Ninth Circuit reversed the judgment of the district court because the analyses performed by the BLM do not sufficiently consider the cumulative impacts posed by the timber sales.
The Court also issued a correction to its opinion in Gifford Pinchot Task Force v. USF&WS, filed on August 6, 2004 and published at 378 F.3d 1059.
FEDERAL REGISTER, Oct. 28, 2004
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of Supplemental Environmental Assessment for the settlement agreement filed on July 3, 2003, on the relicensing of Central Vermont Public Service Corporation’s Lamoille Hydroelectric Project, located on the Lamoille River, in Franklin, Lamoille, and Chittenden Counties, Vermont.
FEDERAL REGISTER, Oct. 27, 2004
DEPARTMENT OF THE INTERIOR (Bureau of Indian Affairs) published Notice of Intent To Prepare an Environmental Impact Statement for the North Fork Rancheria's Proposed Trust Acquisition and Hotel/Casino Project, Madera County, CA.
NUCLEAR REGULATORY COMMISSION published Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for Rohm and Haas Company's Facility in Bristol, PA.
NUCLEAR REGULATORY COMMISSION published Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for Rohm and Haas Company's Facility in Bristol, PA.
Tuesday, October 26, 2004
FEDERAL REGISTER, Oct. 26, 2004
DEPARTMENT OF AGRICULTURE (Animal and Plant Health Inspection Service) published Notice of Availability of an Environmental Assessment relative to an application for a permit for the environmental release of the nonindigenous fly Fergusonina turneri and its obligate nematode, Fergusobia quinquenerviae, potential biological control agents for Melaleuca quinquenervia. The EA may be viewed on the Internet here.
DEPARTMENT OF ENERGY published Notice of Cancellation of Environmental Impact Statement for the McIntosh Unit 4 Pressurized Circulating Fluidized Bed Demonstration Project.
DEPARTMENT OF ENERGY published Notice of Cancellation of Environmental Impact Statement for the Colorado Springs Utilities Next-Generation CFB Coal Generating Unit, Fountain, CO.
DEPARTMENT OF ENERGY published Notice of Cancellation of Environmental Impact Statement for the Clean Power From Integrated Coal/Ore Reduction (CPICOR) Project.
DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Intent to Prepare an Environmental Impact Statement for transportation improvements on the U.S. 41 corridor from Oconto to Peshtigo in Oconto and Marinette Counties, Wisconsin.
ADVISORY COUNCIL ON HISTORIC PRESERVATION published Notice of Availability of the Environmental Assessment (EA) for the Program Comments Under 36 CFR 800.14(e) Regarding Department of Defense Historic Properties Management.
SUMMARY: This announces the availability of the Department of Defense's EA for the Program Comments under 36 CFR 800.14(e) Regarding Department of Defense Historic Properties Management. The Army, as the Service designated as lead for this action, intends to sign a Finding of No Significant Impact (FONSI) unless public comments identify significant impacts or issues that have not been considered.
DEPARTMENT OF ENERGY published Notice of Cancellation of Environmental Impact Statement for the McIntosh Unit 4 Pressurized Circulating Fluidized Bed Demonstration Project.
DEPARTMENT OF ENERGY published Notice of Cancellation of Environmental Impact Statement for the Colorado Springs Utilities Next-Generation CFB Coal Generating Unit, Fountain, CO.
DEPARTMENT OF ENERGY published Notice of Cancellation of Environmental Impact Statement for the Clean Power From Integrated Coal/Ore Reduction (CPICOR) Project.
DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Intent to Prepare an Environmental Impact Statement for transportation improvements on the U.S. 41 corridor from Oconto to Peshtigo in Oconto and Marinette Counties, Wisconsin.
ADVISORY COUNCIL ON HISTORIC PRESERVATION published Notice of Availability of the Environmental Assessment (EA) for the Program Comments Under 36 CFR 800.14(e) Regarding Department of Defense Historic Properties Management.
SUMMARY: This announces the availability of the Department of Defense's EA for the Program Comments under 36 CFR 800.14(e) Regarding Department of Defense Historic Properties Management. The Army, as the Service designated as lead for this action, intends to sign a Finding of No Significant Impact (FONSI) unless public comments identify significant impacts or issues that have not been considered.
Monday, October 25, 2004
FEDERAL REGISTER, Oct. 25, 2004
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of Final Environmental Assessment for Oregon Portland General Electric Company’s Willamette Falls Hydroelectric Project, located on the Willamette River near Oregon City, Oregon.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for a revised Land and Resource Management Plan for the Manti-La Sal National Forest, with portions of the Forest located in Utah, Juab, Emery, Carbon, Sanpete, Grand, San Juan and Sevier Counties in Utah and Mesa and Montrose Counties in Colorado.
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Environmental Assessment and Finding of No Significant Impact for operation of Nuclear Management Company, LLC’s Monticello Nuclear Generating Plant, located in Wright County, Minnesota.
NUCLEAR REGULATORY COMMISSION published Notice of Environmental Assessment and Finding of No Significant Impact for operation of Nuclear Management Company, LLC’s Monticello Nuclear Generating Plant, located in Wright County, Minnesota.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for a revised Land and Resource Management Plan for the Manti-La Sal National Forest, with portions of the Forest located in Utah, Juab, Emery, Carbon, Sanpete, Grand, San Juan and Sevier Counties in Utah and Mesa and Montrose Counties in Colorado.
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Environmental Assessment and Finding of No Significant Impact for operation of Nuclear Management Company, LLC’s Monticello Nuclear Generating Plant, located in Wright County, Minnesota.
NUCLEAR REGULATORY COMMISSION published Notice of Environmental Assessment and Finding of No Significant Impact for operation of Nuclear Management Company, LLC’s Monticello Nuclear Generating Plant, located in Wright County, Minnesota.
Friday, October 22, 2004
FEDERAL REGISTER, Oct. 22, 2004
DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published Amended Notice of Intent To Prepare a Draft Environmental Impact Statement for Potential Multipurpose Projects for Ecosystem Restoration, Flood Damage Reduction, and Recreation Development Within and Along the Clear and West Forks of the Trinity River in Fort Worth, Tarrant County, TX.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final EISs:
Draft EISs
ERP No. D-AFS-H65021-MO Rating LO, East Fredericktown Project, Shortleaf Pine Restoration, Forest Health Improvement, Treat Affected Stands and Recover Valuable Timber Products, Mark Twain National Forest, Potosi/Fredericktown Ranger District, Bollinger, Madison, St. Francois, and Ste. Genevieve Counties, MO.
ERP No. D-AFS-J65416-WY Rating EC2, Bighorn National Forest Revised Land and Resource Management Plan, Implementation, Big Horn Mountain Range, Bighorn National Forest, Johnson, Sheridan, Bighorn and Washakie Counties, WY.
ERP No. D-AFS-L65467-ID Rating EC2, Red Pines Project, Proposes to Implement Fuel Reduction Activities and Improve the Range of Watershed Activities, Nez Perce National Forest, Red River Ranger District, Idaho County, ID.
Final EISs
ERP No. F-AFS-L65388-WA Crystal Mountain Master Development Plan, To Provide Winter and Summer Recreational Use, Special-Use-Permit, Mt. Baker-Snoqualmie National Forest, Silver Creek Watershed, Pierce County, WA.
ERP No. F-BLM-J65387-CO Silverton Outdoor Learning and Recreation Center, Authorization for Long-Term Use of 1,300 acres for Backcountry-type Skiing, Summer Recreation and Educational Activities, Amendment of the San Juan/San Miguel Resource Management Plan, San Juan County, CO.
ERP No. F-COE-E32180-FL Miami Harbor Navigation Improvements Project to Study the Feasibility of Widening and Deepening Portions of the Port, Miami-Dade County, FL.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of Environmental Impact Statements filed October 11, 2004, through October 15, 2004.
EIS No. 040486, Final Supplement, BLM, NV, Clark County Regional Flood Control Master Plan, Updated and Replaced the Original 1991 FEIS, Facilities Construction and Operation, Right-of-Way Approval and U.S. Army COE Section 404 Permit, Clark County, NV, Wait Period Ends: November 22, 2004, Contact: Adrian Garcia (702) 515-5089.
EIS No. 040487, Final EIS, AFS, OR, Crooked River National Grassland Vegetation Management/Grazing, Vegetation Treatments and Grazing Disposition, Ochoco National Forest, Jefferson County, OR, Wait Period Ends: November 22, 2004, Contact: Steve Gibson (541) 416-6440. This document is available on the Internet here.
EIS No. 040488, Final EIS, EPA, RI, MA, Rhode Island Region Long-Term Dredged Material Disposal Site Evaluation Project, Designation of One or More Long-Term Ocean Disposal Sites, RI and MA, Wait Period Ends: November 22, 2004, Contact: Olga Guza (617) 918-1542.
EIS No. 040489, Final EIS, COE, FL, Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, Aquifer Storage and Recovery (ASR) Pilot Operation, Aquifer Storage and Recovery Pilot Project, To Test the Feasibility Utilizing ASR Technology for Water Storage at Seven Well Sites, Right-of-Way and NPDES Permits, Several Counties, Wait Period Ends: November 22, 2004, Contact: Rebecca Weiss (904) 232-1577.
EIS No. 040490, Final EIS, FRC, WA, ID, Box Canyon Hydroelectric Project, (FERC Project No. 2042-013), New License Application for an existing 72-megawatt (Mw) Hydroelectric Project, Public Utility District (PUD) No. 1, Pend Oreille River, Pend Oreille County, WA and Bonner County, ID, Wait Period Ends: November 22, 2004, Contact: Jon Cofrancesco (202) 502-8951.
EIS No. 040491, Draft EIS, NIH, MA, National Emerging Infectious Diseases Laboratories, Construction of a National Biocontainment Laboratory, BioSquare Research Park, Boston University Medical Center Campus, Boston, MA, Comment Period Ends: January 3, 2005, Contact: Valerie Nottingham (301) 480-8056.
EIS No. 040492, Final EIS, NPS, MI, Pictured Rocks National Lakeshore, General Management Plan and Wilderness Study, Implementation, Lake Superior, Munising and Grand Marais, Alger County, MI, Wait Period Ends: November 22, 2004, Contact: Karen Gustin (906) 387-2607.
EIS No. 040493, Draft Supplement, STB, MT, Tongue River Railroad Construction and Operation of the Proposed Western Alignment Tongue River III Southernmost Portion of the 41-mile Ashland to Decker Alignment, Rosebud and Bighorn Counties, MT, Comment Period Ends: December 06, 2004, Contact: Kenneth Blodgett (202) 565-1554.
EIS No. 040494, Final EIS, FAA, IN, Gary/Chicago International Airport Master Plan Development Including Runway Safety Area Enhancement/Extension of Runway 12-30, Funding, Lake County, IN, Wait Period Ends: November 22, 2004, Contact: Prescott C. Snyder (847) 294-7538.
DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Notice of Availability and Request for Comment on a Draft Supplemental Environmental Assessment (EA) for the East Kern Airport District (EKAD) Launch Site Operator License for the Mojave Airport, CA. A downloadable electronic version of the Draft Supplemental EA is available on the FAA Internet site, here.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Intent to Prepare an Environmental Assessment for the Fire Management Plan at Bandelier National Monument, NM.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Final General Management Plan/Wilderness Study/Final Environmental Impact Statement, Pictured Rocks National Lakeshore, MI.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Approved Record of Decision for Fire Management Plan, Final Environmental Impact Statement, Whiskeytown National Recreation Area, Shasta County, CA.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final EISs:
Draft EISs
ERP No. D-AFS-H65021-MO Rating LO, East Fredericktown Project, Shortleaf Pine Restoration, Forest Health Improvement, Treat Affected Stands and Recover Valuable Timber Products, Mark Twain National Forest, Potosi/Fredericktown Ranger District, Bollinger, Madison, St. Francois, and Ste. Genevieve Counties, MO.
ERP No. D-AFS-J65416-WY Rating EC2, Bighorn National Forest Revised Land and Resource Management Plan, Implementation, Big Horn Mountain Range, Bighorn National Forest, Johnson, Sheridan, Bighorn and Washakie Counties, WY.
ERP No. D-AFS-L65467-ID Rating EC2, Red Pines Project, Proposes to Implement Fuel Reduction Activities and Improve the Range of Watershed Activities, Nez Perce National Forest, Red River Ranger District, Idaho County, ID.
Final EISs
ERP No. F-AFS-L65388-WA Crystal Mountain Master Development Plan, To Provide Winter and Summer Recreational Use, Special-Use-Permit, Mt. Baker-Snoqualmie National Forest, Silver Creek Watershed, Pierce County, WA.
ERP No. F-BLM-J65387-CO Silverton Outdoor Learning and Recreation Center, Authorization for Long-Term Use of 1,300 acres for Backcountry-type Skiing, Summer Recreation and Educational Activities, Amendment of the San Juan/San Miguel Resource Management Plan, San Juan County, CO.
ERP No. F-COE-E32180-FL Miami Harbor Navigation Improvements Project to Study the Feasibility of Widening and Deepening Portions of the Port, Miami-Dade County, FL.
ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of Environmental Impact Statements filed October 11, 2004, through October 15, 2004.
EIS No. 040486, Final Supplement, BLM, NV, Clark County Regional Flood Control Master Plan, Updated and Replaced the Original 1991 FEIS, Facilities Construction and Operation, Right-of-Way Approval and U.S. Army COE Section 404 Permit, Clark County, NV, Wait Period Ends: November 22, 2004, Contact: Adrian Garcia (702) 515-5089.
EIS No. 040487, Final EIS, AFS, OR, Crooked River National Grassland Vegetation Management/Grazing, Vegetation Treatments and Grazing Disposition, Ochoco National Forest, Jefferson County, OR, Wait Period Ends: November 22, 2004, Contact: Steve Gibson (541) 416-6440. This document is available on the Internet here.
EIS No. 040488, Final EIS, EPA, RI, MA, Rhode Island Region Long-Term Dredged Material Disposal Site Evaluation Project, Designation of One or More Long-Term Ocean Disposal Sites, RI and MA, Wait Period Ends: November 22, 2004, Contact: Olga Guza (617) 918-1542.
EIS No. 040489, Final EIS, COE, FL, Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, Aquifer Storage and Recovery (ASR) Pilot Operation, Aquifer Storage and Recovery Pilot Project, To Test the Feasibility Utilizing ASR Technology for Water Storage at Seven Well Sites, Right-of-Way and NPDES Permits, Several Counties, Wait Period Ends: November 22, 2004, Contact: Rebecca Weiss (904) 232-1577.
EIS No. 040490, Final EIS, FRC, WA, ID, Box Canyon Hydroelectric Project, (FERC Project No. 2042-013), New License Application for an existing 72-megawatt (Mw) Hydroelectric Project, Public Utility District (PUD) No. 1, Pend Oreille River, Pend Oreille County, WA and Bonner County, ID, Wait Period Ends: November 22, 2004, Contact: Jon Cofrancesco (202) 502-8951.
EIS No. 040491, Draft EIS, NIH, MA, National Emerging Infectious Diseases Laboratories, Construction of a National Biocontainment Laboratory, BioSquare Research Park, Boston University Medical Center Campus, Boston, MA, Comment Period Ends: January 3, 2005, Contact: Valerie Nottingham (301) 480-8056.
EIS No. 040492, Final EIS, NPS, MI, Pictured Rocks National Lakeshore, General Management Plan and Wilderness Study, Implementation, Lake Superior, Munising and Grand Marais, Alger County, MI, Wait Period Ends: November 22, 2004, Contact: Karen Gustin (906) 387-2607.
EIS No. 040493, Draft Supplement, STB, MT, Tongue River Railroad Construction and Operation of the Proposed Western Alignment Tongue River III Southernmost Portion of the 41-mile Ashland to Decker Alignment, Rosebud and Bighorn Counties, MT, Comment Period Ends: December 06, 2004, Contact: Kenneth Blodgett (202) 565-1554.
EIS No. 040494, Final EIS, FAA, IN, Gary/Chicago International Airport Master Plan Development Including Runway Safety Area Enhancement/Extension of Runway 12-30, Funding, Lake County, IN, Wait Period Ends: November 22, 2004, Contact: Prescott C. Snyder (847) 294-7538.
DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Notice of Availability and Request for Comment on a Draft Supplemental Environmental Assessment (EA) for the East Kern Airport District (EKAD) Launch Site Operator License for the Mojave Airport, CA. A downloadable electronic version of the Draft Supplemental EA is available on the FAA Internet site, here.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Intent to Prepare an Environmental Assessment for the Fire Management Plan at Bandelier National Monument, NM.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Final General Management Plan/Wilderness Study/Final Environmental Impact Statement, Pictured Rocks National Lakeshore, MI.
DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Approved Record of Decision for Fire Management Plan, Final Environmental Impact Statement, Whiskeytown National Recreation Area, Shasta County, CA.
Thursday, October 21, 2004
FEDERAL REGISTER, Oct. 21, 2004
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Dominion Cove Point LNG Expansion Project Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings and Site Visits.
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Assessment for Trunkline Gas Company, LLC’s Proposed Edna Horsepower Replacement Project, in Jackson County, Texas, and Request for Comments on Environmental Issues.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for Bridger-Teton National Forest--Pinedale Ranger District; Wyoming; Moose-Gypsum Environmental Impact Statement.
SUMMARY: The Forest Service proposes a number of project actions within the Moose-Gypsum Project Area. These actions are designed to move these areas closer to the desired Future Conditions as described in the Bridger-Teton National Forest's Land and Resource Management Plan. The Pinedale Ranger District is proposing a 1,500-acre timber harvest in conifer stands; 1,100 acres of mechanical aspen stand improvement treatments; 600 acres of Wildland/Urban Interface fuels treatments; 29,000 acres of sage/grass/aspen treatments to be accomplished primarily with prescribed burning and possibly with the use of an herbicide sage-reduction treatment on approximately 8,000 acres. Watershed restoration projects, such as the replacement of storm damaged culverts and rehabilitation of damaged stream banks on the Green River are also projects included in this proposal. Recreation project improvements included as a part of this analysis are a rerouting of the district's snowmobile trail around the elk winter feed ground, the development of a dispersed campsite management plan, and new trailhead design and reconstruction. Road management improvements, including the refinement of the existing travel plan to consider All Terrain Vehicle routes and wilderness trespass issues, the obliteration and rehabilitation of a roadbed within the Wilderness, and an upgrade of the Green River Lakes Road to a higher standard are also proposed for analysis in this environmental impact statement.
NUCLEAR REGULATORY COMMISSION published Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for Seiko Corporation of America's Facility in Mt. Olive, NJ.
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Assessment for Trunkline Gas Company, LLC’s Proposed Edna Horsepower Replacement Project, in Jackson County, Texas, and Request for Comments on Environmental Issues.
DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for Bridger-Teton National Forest--Pinedale Ranger District; Wyoming; Moose-Gypsum Environmental Impact Statement.
SUMMARY: The Forest Service proposes a number of project actions within the Moose-Gypsum Project Area. These actions are designed to move these areas closer to the desired Future Conditions as described in the Bridger-Teton National Forest's Land and Resource Management Plan. The Pinedale Ranger District is proposing a 1,500-acre timber harvest in conifer stands; 1,100 acres of mechanical aspen stand improvement treatments; 600 acres of Wildland/Urban Interface fuels treatments; 29,000 acres of sage/grass/aspen treatments to be accomplished primarily with prescribed burning and possibly with the use of an herbicide sage-reduction treatment on approximately 8,000 acres. Watershed restoration projects, such as the replacement of storm damaged culverts and rehabilitation of damaged stream banks on the Green River are also projects included in this proposal. Recreation project improvements included as a part of this analysis are a rerouting of the district's snowmobile trail around the elk winter feed ground, the development of a dispersed campsite management plan, and new trailhead design and reconstruction. Road management improvements, including the refinement of the existing travel plan to consider All Terrain Vehicle routes and wilderness trespass issues, the obliteration and rehabilitation of a roadbed within the Wilderness, and an upgrade of the Green River Lakes Road to a higher standard are also proposed for analysis in this environmental impact statement.
NUCLEAR REGULATORY COMMISSION published Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for Seiko Corporation of America's Facility in Mt. Olive, NJ.
Wednesday, October 20, 2004
FEDERAL REGISTER, Oct. 20, 2004
NUCLEAR REGULATORY COMMISSION published Notice of Issuance of Environmental Assessment and Finding of No Significant Impact for Modification of Exemption From Certain NRC Licensing Requirements for Special Nuclear Material for Waste Control Specialists, LLC., Andrews County, TX.
DEPARTMENT OF AGRICULTURE (Rural Utilities Service) published Notice of Intent To Hold a Public Scoping Meeting and Prepare an Environmental Impact Statement for Western Farmers Electric Cooperative, Inc. and Brazos Electric Power Cooperative, Inc.’s proposal for construction and operation of a 750 megawatt coal-fired electric generation facility at the existing Hugo Generating Station near Hugo, Oklahoma.
DEPARTMENT OF AGRICULTURE (Rural Utilities Service) published Notice of Intent To Hold a Public Scoping Meeting and Prepare an Environmental Impact Statement for Western Farmers Electric Cooperative, Inc. and Brazos Electric Power Cooperative, Inc.’s proposal for construction and operation of a 750 megawatt coal-fired electric generation facility at the existing Hugo Generating Station near Hugo, Oklahoma.
Tuesday, October 19, 2004
FEDERAL REGISTER, Oct. 19, 2004
DEPARTMENT OF AGRICULTURE (Animal and Plant Health Inspection Service) published Notice of Availability of Petition and Environmental Assessment for Determination of Nonregulated Status for Sugar Beet Genetically Engineered for Tolerance to the Herbicide Glyphosate (Monsanto Co. and KWS SAAT AG).
DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Notice of Availability of Final Environmental Impact Statement, Notice of Holding Period for Master Plan Development Including Runway Safety Area Enhancement/Extension of Runway 12-30 and Other Improvements of Gary/Chicago International Airport located in Gary, IN.
DEPARTMENT OF DEFENSE (Department of the Navy) published Notice of Record of Decision for Purchase of Land in Hancock County, MS for a Naval Special Operations Forces Riverine and Jungle Training Range.
DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Notice of Availability of Final Environmental Impact Statement, Notice of Holding Period for Master Plan Development Including Runway Safety Area Enhancement/Extension of Runway 12-30 and Other Improvements of Gary/Chicago International Airport located in Gary, IN.
DEPARTMENT OF DEFENSE (Department of the Navy) published Notice of Record of Decision for Purchase of Land in Hancock County, MS for a Naval Special Operations Forces Riverine and Jungle Training Range.
FEDERAL REGISTER, Oct. 18, 2004
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notices of Availability of Environmental Assessment (Notice 1, Notice 2) for The Four Dam Pool Power Agency’s Terror Lake Project, located on the Terror and Kizhuyak Rivers in Kodiak, Alaska.
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notices of Intent To Prepare an Environmental Assessment (Notice 1, Notice 2) for Columbia Gas Transmission Corporation’s Proposed Hardy Storage Project and Virginia Looping Project and Request for Comments on Environmental Issues.
NUCLEAR REGULATORY COMMISSION published Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for Shaw Environmental, Inc.'s Facility in Lawrenceville, New Jersey.
DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notices of Intent To Prepare an Environmental Assessment (Notice 1, Notice 2) for Columbia Gas Transmission Corporation’s Proposed Hardy Storage Project and Virginia Looping Project and Request for Comments on Environmental Issues.
NUCLEAR REGULATORY COMMISSION published Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for Shaw Environmental, Inc.'s Facility in Lawrenceville, New Jersey.
Friday, October 01, 2004
NINTH CIRCUIT
On September 21, a three-judge panel of the Court issued its opinion in Ground Zero Center v. U.S. Navy. The Court affirmed the district court's summary judgment in favor of the Navy, dismissing Plaintiffs' NEPA and ESA challenge to an upgrade program at the Bangor, Washington submarine base.
In an opinion written by Circuit Judge Gould, the Court held that:
(1) NEPA's procedural requirements did not apply to the Navy's decision to deploy new (Trident II) ballistic missile and upgrade missile storage and handling facilities at the submarine base;
(2) the risk of accidental ballistic missile explosion at the base was not reasonably foreseeable, so as to require preparation of an EIS; and
(3) ESA did not require Navy to consult with NMFS about whether accidental ballistic missile explosion would jeopardize threatened salmon species.
On September 24, a three-judge panel of the Court issued its opinion in Association of California Water Agencies v. Evans. The Court affirmed the district court's award of attorneys' fees and costs to Plaintiffs under the ESA.
In an opinion written by Circuit Judge Gould, the Court held that:
(1) NEPA's procedural requirements did not apply to the Navy's decision to deploy new (Trident II) ballistic missile and upgrade missile storage and handling facilities at the submarine base;
(2) the risk of accidental ballistic missile explosion at the base was not reasonably foreseeable, so as to require preparation of an EIS; and
(3) ESA did not require Navy to consult with NMFS about whether accidental ballistic missile explosion would jeopardize threatened salmon species.
On September 24, a three-judge panel of the Court issued its opinion in Association of California Water Agencies v. Evans. The Court affirmed the district court's award of attorneys' fees and costs to Plaintiffs under the ESA.
