Wednesday, December 22, 2004

FAST-TRACK FOR SOUTHERN IDAHO WIND FARM EIS 

The Magic Valley Times-News has a report:

"Under pressure to complete a draft Environmental Impact Statement for a proposed wind farm in Cassia County, Bureau of Land Management officials are covering all their bases.

Wendy Reynolds, field manager of the BLM's Burley office, told Cassia County commissioners Monday that the agency has received pressure from Windland Inc., which is proposing the wind farm, to step up the process.

'They want a more ambitious schedule but there's too many steps we can't circumvent,' Reynolds said.

The proposed wind farm involves placement of 80 to 100 turbines on BLM land along the ridge of the Cotterel Mountains and Reynolds said Windland officials have said they hoped to be in the construction phase by now.

'We are definitely on the fast track with this project,' Reynolds said.

Officials from BLM have held five meetings so far with representatives from the U.S. Fish and Wildlife Service and the Idaho Department of Fish and Game looking at alternatives that meet the needs of the project while protecting the natural resources, Reynolds said.

Once the draft is completed, Reynolds said it would be about a year before final approval of the project could take place."

FEDERAL REGISTER, Dec. 22, 2004 

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for Power Fire Restoration, Eldorado National Forest, Amador County, CA.

NUCLEAR REGULATORY COMMISSION published Notice of Environmental Assessment and Finding of No Significant Impact for Amergen Energy Company, LLC’s Oyster Creek Nuclear Generating Station, a boiling-water reactor facility, located in Ocean County, New Jersey.

DEPARTMENT OF STATE published a Finding of No Significant Impact and Summary Environmental Assessment for the Tornillo-Guadalupe New International Bridge, County of El Paso, TX.

Tuesday, December 21, 2004

FEDERAL REGISTER, Dec. 21, 2004 

DEPARTMENT OF AGRICULTURE (Animal and Plant Health Inspection Service) published Notice of Availability of an Environmental Assessment for Field Testing Equine Influenza Vaccine, Live Canarypox Vector.

DEPARTMENT OF TRANSPORTATION (Federal Transit Administration) published Notice of Intent to Prepare an Environmental Impact Statement for the Tucson Urban Corridor in Tucson, AZ.

NUCLEAR REGULATORY COMMISSION published Notice of Environmental Assessment and Finding of No Significant Impact for Indiana Michigan Power Company’s Donald C. Cook Nuclear Plant, Units 1 and 2, located in Berrien County, Michigan.

NUCLEAR REGULATORY COMMISSION published Notice of Extension of Public Comment Period: Louisiana Energy Services National Enrichment Facility in Lea County, New Mexico.

Monday, December 20, 2004

SLAPP LAWSUIT UNDER RICO AGAINST USFS EMPLOYEES 

KTLA has a report:

"Biologist Robin Eliason has been a model employee of the U.S. Forest Service since 1989, winning a certificate of merit every year and establishing a reputation as the government's expert on bald eagles in the San Bernardino National Forest.

But now Eliason, her husband, Scott, a Forest Service botanist, and their boss, San Bernardino National Forest Supervisor Gene Zimmerman, have had to hire their own attorney to defend them in a lawsuit accusing them of racketeering.

San Diego businessman Irving Okovita, who filed the suit, alleges that the Eliasons, Zimmerman and Sandy Steers, a local environmental activist, engaged in a criminal conspiracy to block the Marina Point development, a luxury condominium project Okovita wants to develop with an Arizona company in this hamlet on the north shore of Big Bear Lake.

Okovita sued under the federal Racketeer Influenced and Corrupt Organizations Act, a statute originally passed in 1970 to strengthen the government's arsenal against mobsters and drug lords. As time has passed, the law has been used against a variety of individuals and groups. Legal experts, however, said they believed this was the first time the law had been targeted at Forest Service employees.

The three Forest Service employees and Steers said the charges against them are patently false. The government workers maintain that they were acting in their official capacity as Forest Service employees and have done nothing wrong. Steers said Okovita's suit was brought partly 'to intimidate other activists from speaking out. That won't work,' she said.

But more than a month after Okovita filed his suit, the U.S. Department of Justice, which routinely represents federal employees accused of wrongdoing, has not moved to defend the three Forest Service employees, even though an attorney from the Forest Service's parent agency, the Department of Agriculture, recommended to Justice that it provide lawyers for the employees, according to sources close to the case."

FEDERAL REGISTER, Dec. 20, 2004 

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of Final Environmental Assessment for Progress Energy Carolinas, Inc.’s shoreline management plan for the Tillery Development, which is located on the Yadkin-Pee Dee River in Montgomery and Stanly Counties, North Carolina.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Supplemental Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Seafarer U.S. Pipeline System Project and Request for Comments on Environmental Issues.

DEPARTMENT OF AGRICULTURE (Forest Service) published Revised Notice of Intent to Prepare an Environmental Impact Statement for the Kings River Project, Sierra National Forest, California.

DEPARTMENT OF AGRICULTURE (Natural Resource Conservation Service) published Notice of a Finding of No Significant Impact for the Beaver Creek Watershed Project; Morgan and Washington Counties, Colorado.

DEPARTMENT OF AGRICULTURE (Rural Utilities Service) published Notice of Availability of an Environmental Assessment with respect to the environmental impacts related to the construction of the North Carolina Electric Membership Corporation’s 336 megawatt (MW) simple-cycle electric generation facility in Anson County, North Carolina, and a 280 MW simple-cycle electric generation facility and a 7.8-mile 230 kV transmission line in Richmond County, North Carolina.

Friday, December 17, 2004

COALBED METHANE NEWS 

The Choteau Acantha has a report on controversy surrounding the Blackleaf EIS. The Glenwood Independent has a report on reaction to the FONSI for the Piceance Basin's Figure Four unit.

NEW PROBLEMS FOR CAPE WIND EIS 

The Vineyard Gazette has a report. The Cape Cod Times has one, too.

FEDERAL REGISTER, Dec. 17, 2004 

ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final EISs:

Draft EISs
ERP No. D-FHW-F40425-OH Rating EC1, US-24 Transportation Project, Improvements between Napoleon to Toledo, Funding, Lucas and Henry Counties, OH.
ERP No. D-FRA-K59004-CA Rating EC2, Los Angeles-To-San Diego (LOSSAN) Rail Corridor, Proposed Rail Corridor Improvement Studies to Increase Intercity Travel for Faster, Safer and Reliable Passenger Rail System, Los Angeles, Orange, and San Diego Counties, CA.
ERP No. D-IBR-J39032-00 Rating EC2, Operation of Flaming Gorge Dam Colorado River Storage Project, To Protect and Assist in Recovery of Populations and Designated Critical Habitat of Four Endangered Fishes: Bonytail, Colorado Pikeminnow, Humpback Chub and Razorback Sucker, Green River, UT and WY.
ERP No. DS-AFS-L65344-AK Rating EC2, Emerald Bay Timber Sale, Implementation, Additional Information on the Potential Effects of the Project Alternatives, Ketchikan-Misty Fiords Ranger District, Tongass National Forest, AK.

Final EISs
ERP No. F-AFS-L65463-OR, 18 Fire Recovery Project, Salvaging Dead Trees, Reforesting 1,936 Acres with Ponderosa Pine Seedling and Closing/Decommissioning Roads, Deschutes National Forest, Bend/Fort Rock Ranger District, Deschutes County, OR.
ERP No. F-COE-E36183-FL, Picayune Strand Restoration (formerly Southern Golden Gate Estates Ecosystem Restoration), Comprehensive Everglades Restoration Plan, Implementation, Collier County, FL.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of Environmental Impact Statements Filed December 6, 2004 through December 10, 2004.

EIS No. 040567, Final EIS, FHW, NY, Slingerlands Bypass Extension (NYS Route 85) (P.I.N. 1125.19) Route 140 (Cherry Avenue Extension) to the Albany City Line, Reconstruction Town of Bethlehem, Albany County, NY, Wait Period Ends: January 18, 2005, Contact: Robert Arnold (581) 431-4127.
EIS No. 040568, Final EIS, FHW, IL, U.S. Route 20 (FAP 301) Project, Construction from IL Route 84 north of Galena to Bolton Road northwest of Freeport, Funding, NPDES Permit and U.S. Army COE Section 404 Permit Issuance, Jo Davies and Stephenson Counties, IL, Wait Period Ends: January 18, 2005, Contact: Norman R. Stoner (217) 492-4640.
EIS No. 040569, Draft EIS, NRC, VA, Early Site Permit (ESP) at the North Anna Power Station ESP Site (TAC No. MC1128), Construction and Operation, NUREG-1811, Louisa County, VA, Comment Period Ends: March 1, 2005, Contact: Jack Cushing (301) 415-1424.
EIS No. 040570, Final EIS, AFS, OR, Diamond Lake Restoration Project, Improve Water Quality and the Recreational Fishery, Umpqua National Forest, Diamond Lake Ranger District, Umpqua River Basin, Douglas County, OR, Wait Period Ends: January 18, 2005, Contact: Sherri Chambers (541) 496-3532.
EIS No. 040571, Draft EIS, COE, OH, Mill Creek, Ohio Flood Damage Reduction Project, To Reduce Damages to Communities, Hamilton County, OH , Comment Period Ends: January 31, 2005, Contact: Barry Schueler (502) 315-6780.
EIS No. 040572, Final EIS, FHW, WI, US 10 Highway Improvements between Marshfield and Appleton, Trestik Road--CTH ``K'' (Stevens Point Bypass), Funding and COE Section 404 Permit, Portage County, WI, Wait Period Ends: January 18, 2005, Contact: Wesley Shemwell (608) 829-7521.
EIS No. 040573, Final EIS, FHW, TX, Kelly Parkway Project, Construction from U.S. 90 to TX-16, to Improvement Transportation Mobility, Facilitate Economic Development, and Enhance Safety, Funding and U.S. Army COE Section 404 Permit, San Antonio, Bexar County, TX, Wait Period Ends: January 18, 2005, Contact: Salvador Deocampo (512) 536-5950.
EIS No. 040574, Draft EIS, AFS, NM, Buckman Water Diversion Project, Proposal to Divert Water from Rio Grande and San Juan-Chama Project, To Meet Water Supply Needs, Sante Fe National Forest and Taos Field Office, Sante Fe County, NM, The U.S. Department of Agriculture's, Forest Service and The U.S. Department of Interior's, Bureau of Land Management are Joint Lead Agencies on the above project. The Contact Person for AFS is Sanford Hurlocker at phone number (505) 753-7331; Contact person for BLM is Sharon Churchill at (505) 751-4725.
EIS No. 040575, Final EIS, IBR, CA, San Joaquin River Exchange Contractors Water Authority--2005 to 2014, Water Transfer Program, Stanislaus, San Joaquin, Merced, Madera, Fresno, San Benito, Santa Clara, Kern, and Kings Counties, CA, Wait Period Ends: January 18, 2005, Contact: Bob Eckart (916) 978-5051.
EIS No. 040576, Final EIS, BIA, OR, Wanapa Energy Center, Construction and Operation a New 1,200 Megawatt (MW) Natural Gas-Fired Electric Power Generating Facility, Confederated Tribes of the Umatilla Indian Reservation (CTUIR), in the City of Hermiston and the Port of Umatilla, OR, Wait Period Ends: January 18, 2005, Contact: Jerry Lauer (541) 278-3786.
EIS No. 040577, Final EIS, BIA, WY, Wind River Natural Gas Field Development Project, Construction, Drilling and Production Operation of Natural Gas Wells, Fremont County, WY, Wait Period Ends: January 18, 2005, Contact: Ray A. Nation (307) 332-3718.
EIS No. 040578, Final, FTA, OR, WA, South Corridor Project, I-205/Portland Mall Light Rail (Phase I), Selected the Locally Preferred Alternative (LPA), Clackamas and Multnomah Counties, OR, Wait Period Ends: January 31, 2005, Contact: Rebecca Reyes-Alicea (206) 220-4464.
EIS No. 040579, Final EIS, DOI, AZ, CA, NV, NM, Programmatic EIS--Lower Colorado River Multi-Species Conservation Program, Issuing a Incidental Take Permit based on the Plan, Extending from Lake Mead to the Southerly International Boundary with Mexico, AZ, NV and CA, Wait Period Ends: January 18, 2005, Contact: Glen Gould (702) 293-8702.
EIS No. 040580, Final EIS, NPS, WI, Arrowhead-Weston Transmission Line Right-of-Way Crossing of the St. Croix National Scenic Riverway, U.S. Army COE Section 10 and 404 Permits, Washburn County, WI, Wait Period Ends: January 18, 2005, Contact: Jill Medland (715) 483-3284.
EIS No. 040581, Final EIS, DOE, CA, Imperial-Mexicali 230-kV Transmission Lines, Construct a Double-Circuit 230-kV Transmission Line, Presidential Permit and Right-of-Way Grants, Imperial Valley Substation to Calexico at the U.S.-Mexico Border, Imperial County, CA and U.S.-Mexico Border, Wait Period Ends: January 18, 2005, Contact: Ellen Russell (202) 586-9624.
EIS No. 040582, Final EIS, IBR, CA, Sacramento River Settlement Contractors (SRSC), To Renew the Settlement Contractors Long-Term Contract Renewal for 145 Contractors, Central Valley Project (CVP), Sacramento River, Shasta, Tehama, Butte, Glenn, Colusa, Sutter, Yolo, Sacrament, Portion of Placer and Solano Counties, CA, Wait Period Ends: January 18, 2005, Contact: Buford Holt (916) 989-7179.
EIS No. 040583, Draft EIS, BLM, WY, Rawlin Field Office Planning Area Resource Management Plan, Addresses the Comprehensive Analysis of Alternatives for the Planning and Management of Public Land and Resource Administered by (BLM), Albany, Carbon, Laramie and Sweetwater Counties, WY , Comment Period Ends: March 17, 2005, Contact: John Spehar (307) 328-4264.

DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Amended Notice of Public Comment Period for Draft Environmental Impact Statement for Proposed Relocation of the Panama City-Bay County International Airport to a New Site in Bay County, FL.

DEPARTMENT OF THE INTERIOR (Fish and Wildlife Service & Bureau of Reclamation) published Notice of Availability of Final Environmental Impact Statement/Environmental Impact Report for Proposed Adoption of the Lower Colorado River Multi-Species Conservation Program, Final Lower Colorado River Multi-Species Habitat Conservation Plan, Final Biological Assessment, Incidental Take Permit Application, Draft Implementing Agreement, and Draft Funding and Management Agreement. An internet version of the documents is available on the LCR MSCP Web site, here.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) and DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Availability of Draft Environmental Impact Statement for the Buckman Water Diversion Project, Santa Fe County, New Mexico. The DEIS will be available via the Internet here.

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of intent to prepare an environmental impact statement for the Tell City Windthrow 2004 Project, Hoosier National Forest, IN.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of a Draft Environmental Impact Statement for the Rawlins Resource Management Plan, Wyoming.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notices of Intent to Prepare Environmental Assessments for the Fire Management Plans at Guadalupe Mountains National Park, TX, Big Bend National Park, TX, and Carlsbad Caverns National Park, NM.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Record of Decision on the Final Environmental Impact Statement for the General Management Plan Revision, Petrified Forest National Park, AZ.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Final Environmental Impact Statement for the Arrowhead-Weston Transmission Line River Crossing/Right-of-Way Request, Saint Croix National Scenic Riverway, WI.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Intent To Prepare an Environmental Impact Statement for the General Management Plan for Fort Raleigh National Historic Site, Manteo, NC.

DEPARTMENT OF INTERIOR (National Park Service) published Notice of Intent To Prepare a General Management Plan and Environmental Impact Statement for the George Washington Birthplace National Monument, Westmoreland County, Virginia.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Intent To Prepare an Environmental Impact Statement for an Elk Management Plan, Wind Cave National Park, SD.

Thursday, December 16, 2004

WYOMING JOINS YELLOWSTONE SNOWMOBILE EA CHALLENGE 

The Caspar Tribune has a report:

"The state of Wyoming joined a tourism association's lawsuit against the federal government, saying proposed snowmobile rules for area national parks are 'arbitrary and capricious.'

The state's action in U.S. District Court joins the Wyoming Lodging and Restaurant Association's Nov. 12 lawsuit against the Department of Interior, National Park Service, Interior Secretary Gale Norton and Park Service Director Fran Mainella.

The state charges the agencies failed to analyze a 'no-action' alternative in defining winter-use rules, and failed to 'take a 'hard look' at the environmental impacts of allowing some snowmobiles to enter Yellowstone without being accompanied by a commercial guide.'

Meanwhile, an environmental group that has also filed suit against the Park Service is stepping up the battle by calling on people to boycott Wyoming businesses that support the Lodging and Restaurant Association's lawsuit."

The Billings Gazette has a report on the economic impacts.

USA Today also has a report:

"The state of Wyoming has joined a tourism group's lawsuit that challenges National Park Service snowmobile rules in Yellowstone National Park.

The lawsuit, originally filed last month by the Wyoming Lodging and Restaurant Association in U.S. District Court, seeks to loosen restrictions that limit the number of snowmobiles allowed in Yellowstone and nearby Grand Teton National Park.


* * *

The lawsuit contends that the government unlawfully failed to include a 'no action' alternative in its environmental assessment and failed to adequately look at environmental impacts of letting some people ride snowmobiles in the park without a commercial guide.

The lawsuit also accuses the government of violating the federal Administrative Procedures Act by making an 'arbitrary and capricious' decision."

FEDERAL REGISTER, Dec. 16, 2004 

DEPARTMENT OF DEFENSE (Department of the Army; Corps of Engineers) published Notice of Intent To Prepare a Draft Environmental Impact Statement for Lower Snake River Reservoirs Navigation Maintenance, in the States of Washington, and Idaho.

DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Notice of Availability, and request for comments on Draft Order 5050.4B, NEPA Implementing Instructions for Airport Actions.

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare an Environmental Impact Statement for Upper Granite Mining Projects; Wallowa-Whitman National Forest, Baker County, OR.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of the Draft Supplemental Environmental Impact Statement (SEIS) for the Golden Sunlight Mine, Jefferson County, Montana.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Availability of the Final Environmental Impact Statement for the Las Vegas Valley Disposal Area.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Intent To Prepare an Environmental Assessment and Possible Plan Amendment Concerning Oil and Gas Leasing in the Buffalo Field Office, Wyoming. The EA will evaluate the continued implementation of the oil and gas leasing decisions in the 1985 Buffalo RMP, as amended in 2003. This may lead to further amendment of the RMP for the BLM Buffalo Field Office in Campbell, Sheridan, and Johnson Counties, Wyoming.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) published Notice of Intent To Prepare an Environmental Assessment Concerning Oil and Gas Leasing in the Buffalo Field Office, Wyoming. The EA would evaluate the leasing for oil and gas of 421 identified parcels in the Buffalo Resource Area leased since February 2000.

DEPARTMENT OF THE INTERIOR (Bureau of Reclamation) published Notice of Availability of the Final Environmental Impact Statement for Sacramento River Settlement Contractors.
SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the Bureau of Reclamation (Reclamation) and the Sacramento River Settlement Contractors (SRSC) have prepared a Final EIS for the Renewal of the Sacramento River Settlement Contracts. The proposed renewal of long-term contracts provides for delivery of water from the Central Valley Project (CVP) to the Sacramento River Settlement Contractors and the diversion of Base Supply water.

Wednesday, December 15, 2004

HIGH ROBERTS SALVAGE SALE BLOCKED 

Federal judge rules "dying" trees are not dead yet. OregonLive has a report. The Corvallis Gazette-Times has another report.

DEFAMATION SUITS AGAINST ENVIROS ALL THE RAGE 

The Chicago Tribune has a report (via Yahoo!News).

ENVIROS POURED OUT IN MISSOURI RIVER LITIGATION 

The Omaha World-Herald has a report.

NAVY OLF UPDATE 

Not going well for the Navy. Cumulative Impacts has the details.

FEDERAL REGISTER, Dec. 15, 2004 

DEPARTMENT OF COMMERCE (National Oceanic and Atmospheric Administration) and DEPARTMENT OF THE INTERIOR (U.S. Fish and Wildlife Service) published Notice of Intent to Conduct Public Scoping and Prepare an Environmental Impact Statement related to the Sequim-Dungeness Valley Agricultural Water Users Association's Conservation Plan, Washington.

DEPARTMENT OF THE INTERIOR (Bureau of Reclamation) published Notice of Availability of the Joint Final Environmental Impact Statement/Environmental Impact Report for the Water Transfer Program for the San Joaquin River Exchange Contractors Water Authority, 2005 to 2014.

Tuesday, December 14, 2004

FEDERAL REGISTER, Dec. 14, 2004 

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Extension of Comment Period for the Application for Transportation and Utility Systems and Facilities for the Village at Wolf Creek Draft Environmental Impact Statement.

DEPARTMENT OF THE INTERIOR (Bureau of Land Management) and DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Intent to Prepare a Joint Environmental Impact Statement and Associated Resource Management Plan Land and Resource Management Plan for the San Juan Public Lands Center.

Monday, December 13, 2004

FEDERAL REGISTER, Dec. 13, 2004 

DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Notice of Cancellation of Notice to Prepare a Supplemental Environmental Assessment for the East Kern Airport District Launch Site Operator License for the Mojave Airport, California.
SUMMARY: On October 22, 2004, the FAA published a Notice of Availability and Request for Comment on a Draft Supplemental EA for the EKAD Launch Site Operator License for the Mojave Airport, California in the Federal Register (69 FR 62113). The FAA has decided to cancel the preparation of the Final Supplemental EA. The Notice of Availability and Request for Comment is hereby rescinded.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Assessment for Columbia Gas Transmission Corporation’s Proposed Line A-5 Replacement Project and Request for Comments on Environmental Issues. The EA that will discuss the environmental impacts of the Line A-5 Replacement Project involving construction and operation of facilities by Columbia Gas Transmission Corporation (Columbia) in Orange and Rockland Counties, New York.

DEPARTMENT OF THE INTERIOR (National Park Service) published Notice of Availability of the Oil and Gas Management Plan/Draft Environmental Impact Statement for Big Thicket National Preserve, Texas.

NUCLEAR REGULATORY COMMISSION published Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment for APPTEC Laboratory Services, Inc.'s Facility in Camden, NJ.

D.C. CIRCUIT, Dec. 7, 2004  

A three-judge panel of the Court issued its opinion in EMR Network v. FCC. The Court denied EMR’s petition for review of an FCC Order, in which EMR argued that the Commission had violated its duties under the NEPA. The Court held that the FCC’s decision neither violated NEPA nor was otherwise an abuse of discretion.

Friday, December 10, 2004

FEDERAL REGISTER, Dec. 10, 2004 

ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final EISs:

Draft EISs
ERP No. D-AFS-L65468-00 Rating EC2, Pacific Northwest Region Invasive Plant Program, Preventing and Managing Invasive Plants, Implementation, OR, WA, Including Portions of Del Norte and Siskiyou Counties, CA and Portions of Nez Perce, Salmon, Idaho and Adam Counties, ID.
ERP No. D-BLM-L65462-AK Rating EO2, Northeast National Petroleum Reserve Alaska Amended Integrated Activity Plan, To Amend 1998 Northeast Petroleum Reserve, To Consider Opening Portions of the BLM-Administrated Lands, North Slope Borough, AK.
ERP No. D-COE-H11005-NB Rating LO, Cornhusker Army Ammunition Plant (CHAAP) Land Disposal Industrial Tracts, Proposed Disposal and Reuse of Tracts 32, 33, 34, 35, 36, 47, 61, 62, Hall County, NE. ERP No. D-FHW-C53005-NJ Rating EC2, Cross Harbor Freight Movement Project, Improve the Movements of Goods Throughout Northern New Jersey and Southern New York, Funding, Kings, Richmond, Queens, New York Counties, NJ.
ERP No. D-IBR-K39088-CA Rating EC2, Sacramento River Settlement Contractors (SRSC), To Renew the Settlement Contractors Long-Term Contract Renewal for 145 Contractors, Central Valley Project (CVP), Sacramento River, Shasta, Tehama, Butte, Glenn, Colusa, Sutter, Yolo, Sacramento, Portion of Placer and Solano Counties, CA.

Final EISs
ERP No. F-AFS-J65396-WY, Wyoming Range Allotment Complex, To Determine Whether or not to Allow Domestic Sheep Grazing, Bridger-Teton National Forest, Big Piney, Greys River and Jackson Ranger Districts, Sublette, Lincoln and Teton Counties, WY. ERP No. F-COE-E39064-FL, Programmatic EIS--Florida Keys Water Quality Improvements Program, To Implement Wastewater and Stormwater Improvements, South Florida Water Management District, Monroe County, FL.
ERP No. F-COE-L32012-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. ERP No. F-FTA-C40163-NY, Fulton Street Transit Center, Construction and Operation, To Improve Access to and from Lower Manhattan to Serve 12 NYCT Subway Lines, Metropolitan Transportation Authority (MIA), MTA New York City Transit (NYCT), New York, NY.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of Environmental Impact Statements Filed November 29, 2004 Through December 3, 2004.

EIS No. 040553, DRAFT EIS, FRC, RI, KeySpan Liquefied Natural Gas (LNG) Facility Upgrade Project, Construction and Operation, and Algonquin Gas Transmission Project, Proposal for Site, Construct and Operate a New Natural Gas Pipeline, Coast Guard Permit, U.S. Army COE Section 10 and 404 Permits, Providence County, RI and New England, Comment Period Ends: January 24, 2005, Contact: Thomas Russo (866) 208-3372.
EIS No. 040554, DRAFT EIS, FHW, CO, Programmatic -I-70 Mountain Corridor Tier 1 Project, from Glenwood Springs and C-470 Proposes to Increase Capacity, Improve Accessibility and Mobility, and Decrease Congestion, Colorado, Garfield, Eagle, Summit, Clear Creek and Jefferson Counties, CO, Comment Period Ends: March 10, 2005, Contact: Jean Wallace (720) 963-3015.
EIS No. 040555, DRAFT EIS, NPS, TX, Big Thicket National Preserve Oil and Gas Management Plan, Implementation, Hardin, Jefferson, Orange, Liberty, Tyler, Jasper and Polk Counties, TX, Comment Period Ends: February 8, 2005, Contact: Linda Dansby (505) 988-6095.
EIS No. 040556, FINAL EIS, FHW, MN, IA, Trunk Highway 60 Reconstruction Project, Improvements from 1.8 miles south of the Minnesota-Iowa Border (120th Street) to I-90 north of the City of Worthington, Funding, U.S. Army COE Section 404 and NPDES Permits Issuance, Nobles County, MN and Osceola County, IA, Wait Period Ends: January 10, 2005, Contact: Cheryl Martin (651) 291-6120.
EIS No. 040557, DRAFT EIS, AFS, AK, Tuxekan Island Timber Sale(s) Project, Harvesting Timber, Coast Guard Bridge Permit and U.S. Army COE Section 10 and 404 Permits, Tongass National Forest, Thorne Bay Ranger District, Thorne Bay, AK, Comment Period Ends: January 24, 2005, Contact: Forrest Cole (907) 225-6215.
EIS No. 040558, FINAL EIS, AFS, KY, TN, Land Between the Lakes National Recreation Area, Proposes to Revise TVA's 1994 Natural Resources Management Plan, to Develop an Land Management Resource Plan or Area Plan, Gold Pond, Trigg and Lyon Counties, KY and Stewart County, TN, Wait Period Ends: January 10, 2005, Contact: Robert T. Jacobs (404) 347-4177. This document is available on the Internet here.
EIS No. 040559, DRAFT EIS, FHW, TN, TN-397 (Mack Hatcher Parkway Extension) Construction from US-31 (TN-6, Columbia Avenue) South of Franklin to US-341 (TN-106, Hillsboro Road) North of Franklin, Williamson County and the City of Franklin, TN, Comment Period Ends: February 17, 2005, Contact: Brian Brasher (615) 781-5763.
EIS No. 040560, FINAL EIS, AFS, MT, West Side Reservoir Post-Fire Project, Proposed Implementation of Timber Salvage and Access Management Treatments, Flathead National Forest, Hungry Horse and Spotted Bear Ranger Districts, Flathead County, MT, Wait Period Ends: January 10, 2005, Contact: Bryan Donner (406) 863-5408.
EIS No. 040561, DRAFT EIS, NRC, CT, GENERIC --License Renewal of Nuclear Plants for the Millstone Power Station, Units 2 and 3, Supplement 22 to NUREG-1437, Implementation, New London County, CT, Comment Period Ends: March 02, 2005, Contact: Richard L. Emch, Jr. (301) 415-1590.
EIS No. 040562, DRAFT EIS, BOP, WV, Southern West Virginia Proposed Federal Correctional Institution, Four Alternatives Sites in Southern West Virginia: Boone County, Mingo County, Nicholas County, and McDowell County, WV, Comment Period Ends: January 24, 2005, Contact: Pamela J. Chandler (202) 514-6470.
EIS No. 040563, DRAFT EIS, NRC, AL, Generic--License Renewal of Nuclear Plants for Browns Ferry, Unit 1, 2 and 3 (TAC Nos. MC7168, MC1769, and MC1770), Supplement 21 to NUREG-1437, Implementation, Athens, AL, Comment Period Ends: March 2, 2005, Contact: Dr. Michael Masnik (301) 415-1191.
EIS No. 040564, FINAL EIS, NRC, AL, Generic--License Renewal of Nuclear Plants for Browns Ferry, Unit 1, 2 and 3 (TAC Nos. MC7168, MC1769, and MC1770), Supplement 21 to NUREG-1437, Implementation, Athens, AL, Wait Period Ends: January 10, 2005, Contact: Michael L. Erk (605) 745-4107.
EIS No. 040565, DRAFT EIS, IBR, CA, Central Valley Project, San Luis Unit Long-Term Water Service Contract Renewal, West San Joaquin Division, Cities of Avenal, Coalinga and Huron, Fresno, King and Merced Counties, CA, Comment Period Ends: January 24, 2005, Contact: Joe Thompson (559) 487-5179.
EIS No. 040566, FINAL EIS, IBR, CA, Mendota Pool 10-Year Exchange Agreements, Water Provision to Irrigable Lands, Central Valley Project Improvement Act (CVPIA), Fresno and Madera Counties, CA, Wait Period Ends: January 10, 2005, Contact: David Young (559) 487-5127.

DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Availability of the Draft Programmatic Environmental Impact Statement; Garfield, Eagle, Summit, Clear Creek and Jefferson Counties, CO. The Draft PEIS will also be available for review online here.

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO (United States Section) published Notice of Intent To Prepare a Programmatic Environmental Impact Statement for Its Flood Control Projects Within the Rio Grande and Tijuana River Basins.

NUCLEAR REGULATORY COMMISSION published Notice of Availability of the Draft Environmental Impact Statement for an Early Site Permit (ESP) at Dominion Nuclear North Anna, LLC’s North Anna ESP Site and Associated Public Meeting. The site is located near the Town of Mineral in Louisa County, Virginia, on the southern shore of Lake Anna.

NUCLEAR REGULATORY COMMISSION published Notice of Availability of the Draft Supplement 21 to the Generic Environmental Impact Statement and Public Meeting for the License Renewal of Tennessee Valley Authority’s Browns Ferry Nuclear Plant, Units 1, 2, and 3. BFN is located in Limestone County, Alabama, 16 km (10 mi) southwest of Athens, Alabama.

FEDERAL REGISTER, Dec. 9, 2004 

NUCLEAR REGULATORY COMMISSION published Notice of Availability of the Draft Supplement 22 to the Generic Environmental Impact Statement and Public Meeting for the License Renewal of Dominion Nuclear Connecticut, Inc.’s Millstone Power Station, Units 2 and 3.

DEPARTMENT OF THE INTERIOR (Bureau of Reclamation) published Notice of Availability of the Draft Environmental Impact Statement for Central Valley Project San Luis Unit Long-Term Contract Renewals.

DEPARTMENT OF THE INTERIOR (Bureau of Reclamation) published Notice of Availability of the Final Environmental Impact Statement for Mendota Pool Ten-Year Exchange Agreements, Proposed Annual Water Exchange, California.

Tuesday, December 07, 2004

ECO-TERROR SUSPECTED IN ARSON 

The Washington Times has a report that eco-terrorists may have torched a housing development in Charles County, Maryland:

“More than 40 expensive houses under construction in Charles County were burned early yesterday in a development that has drawn criticism from environmentalists because it is next to a nature preserve.

Arson is suspected in at least four of the 41 blazes, a state fire official said. The houses, 12 of which were destroyed, were priced at $400,000 to $500,000.

Ecoterrorism is one of the motives that would be investigated, said Joe Parris, a spokesman for the FBI, which joined the investigation last night.”

FEDERAL REGISTER, Dec. 7, 2004 

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice Of Availability Of The Draft Environmental Impact Statement For KeySpan LNG, L.P. and Algonquin Gas Transmission, L.L.C.’s Proposed Keyspan LNG Facility Upgrade Project.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of the Environmental Assessment for Questar Pipeline Company’s Proposed Southern System Expansion Project.

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Intent To Prepare an Environmental Assessment for Starks Gas Storage, L.L.C.’s Proposed Starks Gas Storage Project and Request for Comments on Environmental Issues.

DEPARTMENT OF THE INTERIOR (Fish and Wildlife Service) published Notice of Intent To Revise a Comprehensive Conservation Plan and Associated Environmental Impact Statement for the Tetlin National Wildlife Refuge, Tok, AK.

FEDERAL REGISTER, Dec. 3, 2004 

DEPARTMENT OF DEFENSE (Department of the Air Force) published Notice of Intent for Airspace Training Initiative Environmental Impact Statement.
SUMMARY: The United States Air Force is issuing this Notice of Intent to announce that it is conducting an Environmental Impact Statement to describe the proposed action for the Airspace Training Initiative. The proposed action would enhance the F-16 aircraft training mission for Shaw AFB and McEntire Air National Guard Station.

DEPARTMENT OF ENERGY published Notice of Availability of Draft Environmental Impact Statement for Remediation of the Moab Uranium Mill Tailings, Grand and San Juan Counties, Utah. Additional information can also be obtained from the EIS Web site here.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Availability of EPA Comments on the following Draft and Final EISs:

Draft EISs
ERP No. D-AFS-J65426-UT Rating EC2, Wasatch Plateau Grazing Project, Proposal To Continue To Authorize Sheep Grazing by Issuance of a Term Grazing Permits on 31 Sheep Allotments, Manti-La Sal National Forest, Sanpete, Ferron and Price Ranger Districts, Sanpete, Carbon, Utah and Emery Counties, UT.
ERP No. D-COE-K36141-AZ Rating LO, Santa Cruz River Paseco de las Iglesias Feasibility Study, To Identify, Define and Solve Environmental Degradation, Flooding and Water Resource Problem, City of Tucson, Pima County, AZ.
ERP No. D-NRC-G09804-NM Rating LO, National Enrichment Facility (NEF), To Construct, Operate, and Decommission a Gas Centrifuge Uranium Enrichment Facility, License Application, NUREG-1790, near Eunice, Lea County, NM.
ERP No. D-NRS-L39060-OR Rating LO, Williamson River Delta Restoration Project, To Restore and Maintain the Ecological Functions of the Delta, Williamson River, Klamath County, OR.
ERP No. D-UAF-G11045-TX Rating LO, Relocation of the C-5 Formal Training Unit from Altus Air Force Base, Oklahoma to Lackland Air Force Base, Bexar County, TX.

Final EISs
ERP No. F-AFS-J65408-MT, Fortine Project, To Implement Vegetation Management, Timber Harvest and Fuel Reduction Activities, Kootenai National Forest, Fortine Ranger District, Lincoln County, MT.
ERP No. F-COE-K39086-CA, Matilija Dam Ecosystem Restoration Feasibility Study, Restoring Anadromous Fish Populations, Matilija Creek, Ventura River, Ventura County Watershed Protection District, Ventura County, CA.

ENVIRONMENTAL PROTECTION AGENCY published Notice of Receipt of Environmental Impact Statements Filed November 22, 2004 Through November 26, 2004.

EIS No. 040543, Final EIS, FHW, MI, MI-59 Livingston County Widening Project between I-96 and US 23, Recommended Alternative was Selected, Right-of-Way Preservation Center Corridor, Funding, NPDES and U.S. Army COE Section 404 Permits Issuance, Livingston County, MI, Wait PeriodEnds: January 3, 2005, Contact: Abdelmoez Abda lla (517) 702-1820.
EIS No. 040544, Draft Supplement, FHW, UT, Legacy Parkway Project, Construction from I-215 at 2100 North in Salt Lake City to I-15 and US 89 near Farmington, Updated Information, Funding and U.S. Army COE Section 404 Permit, Salt Lake and Davis Counties, UT, Comment Period Ends: February 1, 2005, Contact: Gregory Punske (801) 963-0182.
EIS No. 040545, Draft EIS, AFS, PA, Martin Run Project, To Implement Management Direction as Outlined in Allegheny National Forest Plan, Bradford Ranger District, Allegheny National Forest, Warren and McKean Counties, PA, Comment Period Ends: January 18, 2005, Contact: Heather Luczak (814) 362-4613.
EIS No. 040546, Draft EIS, NPS, AZ, Chiricahua National Monument Fire Management Plan (FMP), Implementation, AZ, Comment Period Ends: February 2, 2005, Contact: Alan Whaton (520) 824-3560.
EIS No. 040547, Draft EIS, IBR, CA, Folsom Dam Road Access Restriction Project, Control Access to Folsom Dam, City of Folsom, CA, Comment Period Ends: January 18, 2005, Contact: Robert Schroeder (916) 989-7274.
EIS No. 040549, Draft EIS, BLM, CO, Roan Plateau Resource Management Plan Amendment, Including Former Naval Oil Shale Reserves 1 and 2, Garfield and Rio Blanco Counties, CO, Comment Period Ends: March 4, 2005, Contact: Steve Bennett (970) 947-2800.
EIS No. 040549, Draft EIS, FHW, MD, Intercounty Connector (ICC) from I-270 to US 1, Funding and U.S. Army COE 404 Section Permit, Montgomery and Prince George's Counties, MD, Comment Period Ends: February 1, 2005, Contact: Nelson J. Castellanos (410) 962-4440.
EIS No. 040550, Draft EIS, COE, NY, Hudson River at Athens, New York Navigation Project, Design and Construction of a Spur Navigation Channel, Hudson River, New York City, NY, Comment Period Ends: January 18, 2005, Contact: Bonnie Hulkower (202) 264-5798.
EIS No. 040551, Draft EIS, FHW, WI, WI-23 Highway Project, Transportation Improve between Fond du Lac and Plymouth, Funding, Fond du Lac and Sheboygan Counties, WI, Comment Period Ends: January 21, 2005, Contact: Johnny Gerbitz (608) 829-7500.
EIS No. 40452, Final EIS, CGD, LA, Gulf Landing Deepwater Port License Application for Construct of a Deepwater Port and Associated Anchorages in the Gulf of Mexico, South of Cameron, LA, Wait Period Ends: January 3, 2005, Contact: Mark A. Prescott (202) 267-0225.

DEPARTMENT OF TRANSPORTATION (Federal Aviation Administration) published Notice of Availability of Draft Environmental Impact Statement (DEIS), Notice of Public Comment Period and Schedule of Public Information Meeting and Public Hearing for Proposed Relocation of the Panama City-Bay County International Airport to a New Site in Bay County, FL.

NUCLEAR REGULATORY COMMISSION published Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Termination for ViroPharma, Incorporated's Facility in Exton, PA.

DEPARTMENT OF THE INTERIOR (Bureau of Reclamation) published Notice of Availability of the Draft Environmental Impact Statement and notice of public hearing for Folsom Dam Road Restricted Access, Folsom, California.

NINTH CIRCUIT, Dec. 1, 2004 

A three-judge panel of the Court issued an amendment to its August 25, 2004 opinion in High Sierra Hikers Association v. Blackwell.

Thursday, December 02, 2004

FEDERAL REGISTER, Dec. 2, 2004 

DEPARTMENT OF ENERGY (Federal Energy Regulatory Commission) published Notice of Availability of Final Environmental Assessment for Flambeau Hydro LLC’s application for a new license for the Winter Hydroelectric Project, located on the East Fork of the Chippewa River, in Sawyer County, Wisconsin.

DEPARTMENT OF DEFENSE (Department of the Navy) published Notice of Cancellation of the Notice of Intent To Prepare an Environmental Impact Statement for Stabilization of In-Water Facilities at the Fox Island Laboratory, Tacoma, WA.

TENTH CIRCUIT, Dec. 1, 2004 

A three-judge panel of the Court issued its opinion in Fuel Safe Washington v. FERC. The Court denied FSW’s petition for review of two FERC orders.

Part II of the Court’s opinion addresses FSW’s contentions that FERC's FEIS for the project in question was deficient because it failed to adequately address four issues: reasonable alternatives; transboundary impacts; cumulative acoustic impacts; and the impact of reasonably foreseeable earthquakes. The Court found that the FEIS was not deficient.

FEDERAL REGISTER, Dec. 1, 2004 

DEPARTMENT OF ENERGY published Notice of Revision of the Record of Decision for a Nuclear Weapons Nonproliferation Policy Concerning Foreign Research Reactor Spent Nuclear Fuel.

DEPARTMENT OF TRANSPORTATION (Federal Highway Administration) published Notice of Availability of a Finding of No Significant Impact for the Mount Vernon Circle Parking and Trail Improvements, George Washington Memorial Parkway, Mount Vernon, Fairfax County, VA.
SUMMARY: The FHWA, in cooperation with the National Park Service (NPS) is issuing a Finding of No Significant Impact (FONSI) for parking, roadway, sidewalks, and multi-use trail improvement at the Mount Vernon Estate and Gardens. These improvements will accommodate current and planned future demand for parking, remove parking from the Mount Vernon Traffic Circle, and enhance pedestrian, motorist and cyclist safety at the southern end of the George Washington Memorial Parkway located in Mount Vernon, Fairfax County, Virginia. The FONSI can be viewed here and here.

DEPARTMENT OF AGRICULTURE (Forest Service) published Notice of Revision of the Notice of Intent to prepare an Environmental Impact Statement for Centennial Salvage Timber Sale, as published in the Federal Register pages 54627 to 54629 on September 9, 2004 (Volume 69, Number 174). This revision includes a change in the purpose and need for action and the proposed action.

DEPARTMENT OF THE INTERIOR (Office of Surface Mining Reclamation and Enforcement) published Notice of Intent to Prepare an Environmental Impact Statement and to hold public scoping meetings for Black Mesa and Kayenta Mines, Life-of-Mine Plans and Water Supply Project, Coconino, Navajo, and Mohave Counties, AZ, and Clark County, NV.

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