[Federal Register Volume 69, Number 198 (Thursday, October 14, 2004)]
[Notices]
[Pages 60976-60978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22969]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / 
Notices

[[Page 60976]]



DEPARTMENT OF AGRICULTURE

Forest Service


Tongass National Forest, Admiralty National Monument, Juneau, 
Alaska; Notice of Intent To Prepare an Environmental Impact State To 
Address the Environmental Effects and Necessary Mitigation Measures for 
the Construction, Maintenance, and Operation of the Angoon 
Hydroelectric Project on Admiralty Island, in Southeast Alaska

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: Pursuant to section 102(2)(C) of the National Environmental 
Policy Act of 1969, the USDA Forest Service, Tongass National Forest, 
will prepare an environmental impact statement (EIS) to address the 
environmental effects and necessary mitigation measures for the 
construction, maintenance, and operation of the Angoon Hydroelectric 
Project on Admiralty Island, in Southeast Alaska.
    The City of Angoon is the only permanent community on Admiralty 
Island; it is approximately 60 air miles southwest of Juneau, Alaska. 
The project are includes the lower 8,500 feet of Thayer Creek and the 
area between Thayer Creek and the City of Angoon, located approximately 
6 miles to the south. In addition, the project area includes an 
underwater crossing of Kootznoowoo Inlet for a transmission line. All 
project facilities, except for the underwater transmission line 
crossing Kootznoowoo Inlet and the terminus in Angoon, would be located 
on National Forest System lands. The project area includes portions of 
Cooper River Meridian. T.49S, R67E, and T.50S, R67E.

DATES: Comments will be accepted throughout the EIS process; to be most 
useful during the analysis, however, comments should be received in 
writing on or before December 3, 2004. The draft environmental impact 
statement is expected in May 2005, and the final environmental impact 
statement is expected in August 2005.

ADDRESSES: Send written comments to Susan Marthaller, District Ranger, 
Admiralty National Monument, 8461 Old Dairy Road, Juneau, Alaska, 99801 
or email to <a href="/cdn-cgi/l/email-protection#790a14180b0d111815151c0b391f0a571f1c1d570c0a"><span class="__cf_email__" data-cfemail="56253b3724223e373a3a332416302578303332782325">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Susan Marthaller, District Ranger, 
Admiralty National Monument, 8461 Old Dairy Road, Juneau, Alaska, 
99801; phone 907-790-7472; fax 907-586-8795 or email to 
<a href="/cdn-cgi/l/email-protection#4d3e202c3f39252c2121283f0d2b3e632b282963383e"><span class="__cf_email__" data-cfemail="76051b1704021e171a1a130436100558101312580305">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The City of Angoon has some of the highest 
electric rates in Alaska. The Alaska National Interest Lands 
Conservation Act of 1980 (ANILCA) section 506(a)(3)(B) granted 
Kootznoowoo, Inc., the village corporation of Angoon, ``the right to 
develop hydroelectric resources on Admiralty Island within township 49 
south, range 67 east, and township 50 south, range 67 east, Cooper 
River Base and Meridian, subject to such conditions as the Secretary of 
Agriculture shall prescribe for the protection of water, fishery, 
wildlife, recreational, and scenic values of Admiralty Island.'' ANILCA 
also recognized the economic and cultural needs and expectations 
associated with Kootznoowoo, Inc., (ANILCA Sec. 506(a)(3)(B).
    Consultants for Kootznoowoo, Inc. completed the Angoon 
Hydroelectric Project Feasibility Evaluation Report in march 2000 (HDR 
Alaska 2000). The proposed operations are subject to approval of a Plan 
of Operations under 36 CFR, part 228, which is intended to ensure that 
adverse environmental effects on National Forest System lands and 
resources are minimized.

Purpose and Need for Action

    The purpose and need for the Angoon Hydroelectric Project EIS is to 
determine how to develop the project while protecting the resources of 
Admiralty Island National Monument. ANILCA granted Kootznoowoo, INC the 
right to develop the hydroelectric project subject to mitigations 
prescribed by the Forest Service for protection of water, fishery, 
wildlife, recreational and scenic values of Admiralty Island.
    Kootznoowoo, Inc., sent a letter to the Regional Forester on 
November 19, 2003, requesting that the Forest Service begin the NEPA 
work for the Angoon Hydroelectric Project. More recently, on April 21, 
2004, Kootznoowoo, Inc., submitted an application asking for Forest 
Service authorization for the project.
    Kootznoowoo, Inc., the City of Angoon, and the Angoon Community 
Association are pursuing funding to develop this hydroelectric project 
with the expectation that it would reduce the cost of power generation 
in Angoon and result in lower electric rates for Angoon residents. The 
project is expected to benefit the local economy by creating 
construction jobs and providing sufficient power for future growth of 
the community.

Proposed Action

    The Forest Service Proposed Action is to authorize, through special 
use permits and easements, the construction and operation of a run-of-
river hydroelectric facility on Thayer Creek. ``Run-of-river'' refers 
to operations in which the hydroelectric power facility uses only the 
water that is available in the natural flow of the river. Under normal 
conditions, run-of-river facilities involve little or not water 
storage, and power generation fluctuates with the stream flow. Major 
improvements associated with the 1,000-kilowatt hydroelectric power 
facility include the following:
    1. Port facilities located 1.8 miles south of the outlet of Thayer 
Creek consisting of mooring buoys and a garage for operation and 
maintenance vehicles.
    2. A diversion dam, approximately 10 feet high, on Thayer Creek, 
about 1.6 miles up from the outlet.
    3. An intake structure at the diversion dam.
    4. A pipeline, approximately 1.2 miles long, from the intake 
structure to the powerhouse.
    5. A penstock, about 510 feet long, from the pipeline to the 
powerhouse.
    6. A surge tank near the junction of the pipeline and penstock.
    7. A power plant structure, about 30 feet by 68 feet and 25 feet 
high, to house two generating units.
    8. Three access roads including a 1.9-mile road from the port 
facilities to the power plant, a 1.4-mile road from near the powerhouse 
to the diversion dam/

[[Page 60977]]

intake structure, and an estimated 4.2-mile road from the port 
facilities to Kootznoowoo Inlet.
    9. A transmission line consisting of two overhead segments, 1.9 
miles and 4.2 miles, and one submarine crossing, approximately 0.9 
mile. The three segments would extend from the powerhouse to the port 
facilities, from the port facilities to Kootznoowoo Inlet, and last, 
from the northern shore of Kootznoowoo Inlet to the City of Angoon, on 
the opposite shore.
    In addition, various temporary facilities, including a barge 
landing, staging areas, and a construction camp, would be needed during 
project construction. The Feasibility Evaluation Report describes 
existing Angoon electrical loads and resources and includes the 
development schedule and an economic analysis.
    The facilities, roads, and transmission lines would be designed to 
meet Forest Plan standards and guidelines with an emphasis on:
    1. Scenic visibility standards
    2. Minimium impact to beach fringe and wetlands
    A plan, subject to approval by the Forest Service and agencies with 
permitting jurisdiction, would be required before implementation to set 
performance criteria for achieving objectives related to beach fringe 
and estuary, scenery, and heritage resources.

Possible Alternatives

    In addition to the Proposed Action and No Action, alternatives 
currently under consideration for analysis in the EIS include: 
subterranean/submarine transmission line between Thayer Creek and 
Angoon.

Responsible Official

    Forrest Cole, Forest Supervisor, Tongass National Forest, 648 
Mission Street, Federal Building, Ketchikan, AK 99901-6591.

Nature of Decision To Be Made

    The decision to be made by the Forest Supervisor of the Tongass 
National Forest is under what terms and conditions to authorize, 
through special use permits and easements, the construction and 
operation of a hydroelectric facility on Thayer Creek as described 
above. The Forest Supervisor will also decide what mitigations, if any, 
would be necessary to implement the action.

Scoping Process

    Public scoping meetings are planned in Angoon at the Community 
Services Building from 6 p.m. until 9 p.m. on Thursday, October 14, 
2004, and in Juneau at Centennial Hall from 7 p.m. until 9 p.m. on 
Friday, October 15, 2004.

Preliminary Issues

    Potentially significant issues identified to date include potential 
effects on the following: (1) Consistency with wilderness management 
objectives, (2) visual resources.

Permits or Licenses Required

    In an order issued January 23, 2001, the Federal Energy Regulatory 
Commission (FERC) found that a license would not be required for this 
project. FERC concluded that the Commission lacks jurisdiction to issue 
a license for the proposed project due to its location in a National 
Monument within the National Forest System. Because of this, the Forest 
Service is the lead agency for this project, and a Forest Service 
special use permit would be the primary agency authorization for the 
project. Permits from other federal and state agencies would also be 
required for specific portions of the project. Additional permits or 
licenses may include the following:
1. U.S. Army Corps of Engineers
--Approval of discharge of dredged or fill material into the waters of 
the United States under Section 404 of the Clean Water Act;
--Approval of the construction of structures or work in navigable 
waters of the United States under Section 10 of the Rivers and Harbors 
Act of 1899;
2. Environmental Protection Agency
--National Pollutant Discharge Elimination System (402) Permit;
--Review Spill Prevention Control and Countermeasure Plan;
3. State of Alaska, Department of Natural Resources
--Tideland Permit and Lease or Easement;
4. State of Alaska, Department of Environmental Conservation
--Solid Waste Disposal Permit;
--Certification of Compliance with Alaska Water Quality Standards (401 
Certification)

Comment Requested

    This notice of intent initiates the scoping process, which guides 
the development of the environmental impact statement.

Early Notice of Importance of Public Participation in Subsequent 
Environmental Review

    A draft environmental impact statement (Management Bulletin number 
R10-MB-528) will be prepared for comment. The comment period on the 
draft environmental impact statement will be 45 days from the date the 
Environmental Protection Agency publishes the notice of availability in 
the Federal Register.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage but that are not raised 
until after completion of the final environmental impact statement may 
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by the close of the 45-day comment period so that 
substantive comments and objections are made available to the Forest 
Service at a time when it can meaningfully consider them and respond to 
them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
draft statement. Comments may also address the adequacy of the draft 
environmental impact statement or the merits of the alternatives 
formulated and discussed in the statement.
    Reviewers may wish to refer to the Council on Environmental Quality 
Regulations for implementing the procedural provisions of the National 
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.
    Comments received, including the names and addresses of those who 
comment, will be considered part of the public record on this proposal 
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 
1909.15, Section 21)


[[Page 60978]]


    Dated: October 4, 2004.
Forest Cole,
Forest Supervisor.
[FR Doc. 04-22969 Filed 10-12-04; 8:45 am]
BILLING CODE 3410-11-M


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