38522 Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Notices

resources can be committed); (4) brief

description of your organization; (5)

description of how your investment or

involvement in the event compliments

your organization’s mission; and (6)

reasons for supporting the Solar

Decathlon.

Letters of interest, clearly marked

‘‘2002 Solar Decathlon,’’ are requested

by August 16, 2000 and should be

submitted in writing to Ruth E. Adams,

DOE Golden Field Office, 1617 Cole

Boulevard, Golden, CO 80401–3393;

transmitted via facsimile to Ruth E.

Adams at 303–275–4788; or sent

electronically to ruth_adams@nrel.gov.

Issued in Golden, Colorado, on June 12,

2000.

Jerry L. Zimmer,

Procurement Director, Golden Field Office.

[FR Doc. 00–15682 Filed 6–20–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

National Nuclear Security

Administration; Emergency Activities

Conducted at Los Alamos National

Laboratory, Los Alamos County, New

Mexico in Response to Major Disaster

Conditions Associated With the Cerro

Grande Fire

AGENCY: Department of Energy.

ACTION: Notice of emergency action.

SUMMARY: The U.S. Department of

Energy (DOE) is issuing this notice of

emergency activities conducted at Los

Alamos National Laboratory (LANL),

Los Alamos County, New Mexico, in

response to the recent Cerro Grande

Fire. DOE’s emergency response

activities began with certain preventive

actions undertaken immediately before

the wildfire entered LANL boundaries

in early May 2000, and include those

actions taken while the fire burned

within LANL boundaries, as well as

related subsequent actions (as described

below) that are ongoing since the fire

was contained and extinguished to

address the extreme potential for

flooding damage.

About 7,500 acres of land

administered by DOE at LANL burned

during the Cerro Grande Fire, while

another 35,500 acres burned along the

mountain flanks above LANL and to the

north of the site making this New

Mexico’s most destructive fire in

recorded history. With such large areas

of burned vegetation, including areas of

bare ash along the steep slopes and

canyon sides above LANL, there is a

very high risk for flooding within the

LANL facility and in residential

communities downstream all the way to

the Rio Grande. About 36 percent of the

annual precipitation for the Los Alamos

area falls in the form of rain, primarily

during intense thunderstorms that occur

in July and August each year, but which

may occur as early as June and as late

as in October. The time period for the

DOE’s Cerro Grande Fire emergency

actions discussed in this Notice,

therefore, extends through November

2000.

Flood control measures of temporary,

semi-permanent, and permanent natures

must be taken immediately to prevent

the potential loss of life and property

damage from this threat, and also to

protect sensitive cultural resources and

potential habitat for Federally-listed

threatened and endangered species

present within floodplain areas.

Moreover, there are 74 potential

contaminant release sites (PRSs) and

two nuclear facilities at LANL that

contain hazardous and radioactively

contaminated soils and materials that

are vulnerable to flooding. The PRSs

and nuclear facilities have the potential

to release contaminants downstream.

Some 10,000 residents live in

communities located downstream from

LANL; lands of Pueblo de Cochiti lie to

the south along the Rio Grande, as does

Cochiti Reservoir, which is a popular

recreation and fishing site. Until enough

vegetation is established to cover the

hillsides and canyons to act as a

deterrent to soil erosion and flooding,

the potential for flooding will exist for

the next several years to decades in

some locations.

DOE would normally prepare an

environmental impact statement

analyzing the actions described for

public review and comment pursuant to

its National Environmental Policy Act

(NEPA) implementing regulations (10

CFR part 1021). However, due to the

urgent nature of the actions required to

address the effects of the Cerro Grande

Fire and the potential for severe

flooding impacts, DOE prepared this

notice regarding emergency actions

pursuant to 10 CFR 1021.343. Because

the cumulative impacts of these actions

are significant, DOE has consulted with

the Council on Environmental Quality

about alternative arrangements with

regard to NEPA compliance for its

emergency actions pursuant to the

Council NEPA regulation at 40 CFR

1506.11. Consistent with those

consultations, DOE will prepare a

special environmental analysis of

known and potential impacts from

wildfire and flood control actions as the

‘‘alternative arrangement’’ contemplated

by the Council on Environmental

Quality regulation. The special

environmental analysis is scheduled to

be completed in September 2000 and

will be available to the public. DOE will

continue to employ a variety of

mechanisms, as explained below, to

facilitate public involvement. DOE will

consider public comments received on

this Notice of Emergency Action and

will also consider public comments

received on the special environmental

analysis in planning future mitigation

actions. This compliance strategy may

be modified or altered as conditions

warrant.

This notice also serves as the Public

Notice and Statement of Findings

regarding DOE’s intention to take action

involving construction and other actions

within floodplains and wetlands

pursuant to DOE’s regulations for

Compliance with Floodplain/Wetlands

Environmental Review Requirements

(10 CFR part 1022). As provided in 10

CFR 1022.18, and because there is an

immediate need to take emergency flood

control and hazard reduction actions,

DOE is waiving the public review

periods that would otherwise apply

before DOE would take such actions in

a floodplain or wetland.

FOR FURTHER INFORMATION AND TO SUBMIT

COMMENTS, CONTACT: For further

information on these activities or other

information related to this Notice,

contact: Elizabeth Withers, NEPA

Compliance Officer, U.S. Department of

Energy, Los Alamos Area Office, 528

35th Street, Los Alamos, NM 87544,

phone (505) 667–8690, fax (505) 665–

4872.

For information on the DOE National

Environmental Policy Act (NEPA)

process, contact: Carol M. Borgstrom,

Director, Office of NEPA Policy and

Assistance (EH–42), U.S. Department of

Energy, 1000 Independence Avenue,

SW, Washington, DC 20585, (202) 586–

4600, or leave a message at (800) 472–

2756.

For more information regarding

activities related to the Cerro Grande

Fire and the LANL Emergency

Rehabilitation Team, including relevant

phone numbers, visit the LANL web site

at www.lanl.gov.

SUPPLEMENTARY INFORMATION: On the

evening of May 4, 2000, employees of

the Department of the Interior, National

Park Service, Bandelier National

Monument, ignited a prescription burn

within the boundaries of Bandelier

National Monument at a location

identified as the Cerro Grande. This fire

was quickly pushed by winds outside

the boundaries of the prescription area

and was declared by the National Park

Service to be a ‘‘wildfire’’ on May 5,

2000. The fire spread rapidly in a

generally northeastern/eastern direction

Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Notices 38523

across land administered by the

Department of Agriculture, Forest

Service, Santa Fe National Forest.

Starting late on May 7, through May 8

and 9, while winds were somewhat

moderate, shrubs and trees were cut and

back fires were ignited in an effort to

hold the fire line at New Mexico State

Road 501, which is located at the

northwestern side of LANL. A very

narrow strip of land a few hundred feet

wide is present within that back fire

area that is administered by DOE as a

part of LANL property. The wind speed

increased dramatically on May 10, 2000,

and spread sparks over a mile in

advance of the wildfire fronts and well

beyond the established fire lines,

igniting forested areas within the heart

of LANL and residential areas within

the Los Alamos townsite located nearby.

From May 10 until about May 17, the

fire burned within LANL and the

townsite area before its spread was

stopped and it was considered

contained. About 7,500 acres of land

administered by DOE at LANL burned

during the Cerro Grande Fire; another

35,500 acres burned along the mountain

flanks above LANL and to the north of

the site. Over 200 residential units

occupied by over 400 families burned

within the Los Alamos townsite. This

fire has consumed more forest acreage

and resulted in more property loss than

any other fire in New Mexico’s recorded

history. Small spot fires that

periodically flare up, as well as

subsurface smoldering, continue to be

extinguished within LANL’s boundaries

and nearby.

During the efforts undertaken to

contain and extinguish the fire within

LANL, various fire lines were created at

several locations within the LANL

boundaries using hand tools and heavy

machinery to establish clearings; fire

access roads were bladed or existing

roads were improved for use by heavy

transport equipment and fire trucks;

trees were mechanically felled to protect

exposed utility lines and structures;

small back fires were set in locations

around LANL to protect buildings and

utilities; and water drops and fireretardant slurry drops were made over

LANL from low flying helicopters and

airplanes.

After the fire was controlled and had

been extinguished (except for occasional

flare ups and smoldering hot spots),

DOE’s planning for stormwater runoff

damage was initiated through a

cooperative effort with the U.S. Forest

Service; the U.S. Army Corps of

Engineers; the Department of the

Interior’s National Park Service and

Bureau of Indian Affairs, Northern

Pueblos Agency; Pueblo of San

Ildefonso; Pueblo of Santa Clara; Pueblo

of Jemez; Pueblo de Cochiti; the State of

New Mexico’s Department of Game and

Fish and Department of the

Environment; the County of Los

Alamos; and various other federal, state

and local government agencies and

entities, including representatives of the

University of California (which

currently manages and operates LANL

under contract to the DOE). This

ongoing effort is coordinated and

facilitated by the U.S. Forest Service’s

Burned Area Emergency Rehabilitation

(BAER) Team, a multidisciplinary team

of individuals experienced in such

planning exercises and in the

implementation of erosion and flood

control measures.

About 36 percent of the annual

precipitation for LANL falls in the form

of rain, primarily during intense

thunderstorms occurring in July and

August of each year, though the rainy

season may start as early as June and

extend through October. With large

areas of burned vegetation, including

areas of bare ash along the steep slopes

and canyon sides above LANL, there is

a very high risk for flooding within the

LANL facility and to area residential

communities downstream all the way to

the Rio Grande. There are 74 potential

contaminant release sites (PRSs) and

two nuclear facilities at LANL that

contain hazardous and radioactively

contaminated soils and materials that

are vulnerable to flooding. These PRSs

and nuclear facilities have the potential

to release contaminants downstream.

Canyon stormwater discharge flow

measurements for a six-hour storm

event time period at LANL typically are

in the range of about 35 to 590 cubic feet

per second; post-fire modeling estimates

the canyon discharge flows

(unmodified) to be in the range of 90 to

2182 cubic feet per second for the same

duration storm events. Some canyons

are expected to have even greater flow

amounts over some areas due to location

specific site conditions after the fire.

It is extremely important that erosion

and flood control measures be

implemented immediately to protect

lives and property from damage by soil

erosion and flooding, and also to protect

sensitive cultural resources and

potential habitat for Federally-listed

threatened and endangered species

present within floodplain areas. Some

10,000 residents live in communities

located downstream from LANL; lands

of Pueblo de Cochiti lie to the south

along the Rio Grande, as does Cochiti

Reservoir, which is a popular recreation

and fishing site. The planned flood

control measures are of temporary,

semi-permanent and permanent natures.

The potential for flooding will exist for

the next several years to decades in

some locations until enough vegetation

is established to cover the hillsides and

canyons to act as a sufficient deterrent

to the soil erosion and flooding threat.

The potential for a wildfire occurring

at LANL and its subsequent impacts was

considered in the LANL Site-wide

Environmental Impact Statement (LANL

Site-wide EIS) issued by DOE in

February 1999. In that analysis, a

wildfire scenario was considered that

was similar in intensity and nature to

the actual Cerro Grande Fire. The

identified impacts in that document that

correlate with the real fire include the

actual path of the fire into the LANL

facility and its consumption of about

8,000 acres of forest; the burning over of

identified potential contaminant release

sites and subsequent airborne

contaminant fraction (during and

subsequent to the actual fire, however,

air monitoring stations did not detect

and have not detected any contaminant

releases above the normal background

levels of naturally occurring elements

and common substances associated with

burning trees); the loss of protective

groundcover and subsequent increase in

soil erosion and flooding; the potential

for movement downstream of

contaminants in silt and soil; adverse

effects on wildlife and biological

systems; and adverse effects on cultural

resources.

Various impact mitigations were

identified through the LANL Site-wide

EIS analysis, including the need to

remove vegetation and combustibles

around certain high risk buildings and

structures around LANL (this action was

completed before the fire occurred); and

interagency efforts to reduce vegetation

fuel loading within neighboring lands

administered by Bandelier National

Monument, the Santa Fe National Forest

and DOE (the prescribed fire that ignited

the Cerro Grande Fire was a part of this

LANL-area effort).

In late 1999, DOE notified LANL

stakeholders, including local pueblos

and tribes, and various identified

interested parties of its intent to prepare

an Environmental Assessment (EA) for a

proposed wildfire hazard reduction and

forest health improvement management

program at LANL. This draft EA was

scheduled to be released to the

stakeholders for review during the week

of May 8, 2000. This proposed long-term

management program would allow DOE

to thin forest vegetation to an

appropriate level and then maintain it at

that level in the long term to accomplish

both the reduction of wildfire hazards

and to improve the overall health of the

forest resources at LANL. This

38524 Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Notices

management program still has merit and

changes are therefore now being made

to the draft EA to reflect the changed

environmental conditions since the

Cerro Grande Fire. This EA will not

analyze the environmental impacts

resulting from actions discussed in this

Notice of Emergency Action. The draft

EA is now scheduled to be issued for

review and comment at the end of June

2000.

Emergency Actions To Address Cerro

Grande Fire Impacts

The following paragraphs list the

activities undertaken by DOE during the

Cerro Grande Fire, assessment activities

taken immediately thereafter, and

actions that have been initiated and

which will be completed over about the

next five months to address the adverse

impacts of the fire and subsequent

potential erosion and flooding. These

measures have been designed to protect

the various natural and cultural

resources at LANL, as well as the LANL

structures, operations, infrastructure,

and employee population, and to

protect the citizens and their properties

within the communities of White Rock,

Pueblo of San Ildefonso, and Pueblo de

Cochiti located downstream of LANL,

and, finally, to protect the water quality

of the Rio Grande and nearby Cochiti

Reservoir.

I. Fire Suppression Response Activities

Conducted on DOE-Administered Lands

Routine operations at LANL were

suspended from May 8, 2000 until May

23, 2000, when non-emergency response

employees were allowed to return. The

restriction to low-flying aircraft over the

LANL reserve was rescinded to allow

fire fighting measures from the air to be

undertaken most advantageously. NonDOE fire response personnel were

permitted access to DOE-administered

lands to suppress fire and protect

property. DOE-controlled roads were

closed to public use for more than two

weeks. Fire breaks and fire access roads

were bladed at several LANL locations

using heavy equipment and by handheld tools. Tree cutting ahead of the fire

was performed around buildings, utility

lines and infrastructure locations. Backburn fires were set ahead of the main

fire and around buildings and utilities

to help suppress the fire. A temporary

water supply station (a ‘‘pumpkin

tank’’) to supply water for water-tanker

helicopters was brought in and used

during the fire suppression stage.

Frequent helicopter over-flights to

deliver water onto the fire during the

daytime hours were made. Single

nighttime over-flights by airplane to

assess fire size using infrared imagery

were employed. DOE and New Mexico

Environment Department environmental

sampling stations were set up to

monitor smoke, ash, and contaminants.

II. Immediate Follow-on Response and

Stabilization Activities on DOEAdministered Lands, Including

Preliminary Assessment of

Environmental Damage From Fire and

Potential Erosion and Flooding

Field surveys were conducted on-foot

and by helicopter and airplane as soon

as possible after fire suppression to

determine the extent of fire damage to

LANL facilities and forest resources,

post-fire condition of soils and

vegetation, potential for stormwater

runoff, presence of threatened or

endangered species and other wildlife,

and cultural resources damages. The

following actions were identified as

needing to be undertaken to control

potential erosion and abate flooding

risks. Steps to conduct these activities

are already underway, and it is expected

that these actions will be completed

over the next five months.

Environmental Monitoring Stations

Damaged air and surface water

monitoring stations are being repaired

or replaced. Groundwater monitoring

wells are being protected from potential

floods. Rain and stream flow gauges are

being installed as needed to monitor for

flood conditions.

Contaminant monitoring of key

watersheds for sediment transport,

surface water flow, alluvial water, and

ash flow, are being continued and will

be expanded as necessary, as will air

monitoring and groundwater monitoring

stations outside LANL within

surrounding community areas.

Potential Release Sites or PRS (Resource

Conservation and Recovery Act

regulated sites) and Potential

Contamination Issue Areas

The condition of any known PRS

potentially affected by the fire or related

flooding actions are being identified and

assessed. Actions are on-going to

stabilize damaged sites or treat, remove,

and dispose of contaminants, if prudent.

Potential contamination issue areas,

such as canyon bottoms, are being

assessed. Excavation and removal of

potentially contaminated soils or

sediments may be required.

Cultural Resources

The number and extent of damage to

cultural resources and historic

properties at LANL are being

determined and documented. Protection

or stabilization of damaged or

vulnerable sites is being conducted if

required. The LANL burned areas

include at least 430 known

archeological sites, an unknown amount

of traditional cultural properties, several

historic homesteader cabins, and several

Manhattan Project buildings and

structures. The Advisory Council on

Historic Preservation, New Mexico State

Historic Preservation Officer, the

Governors of the Pueblo de Cochiti,

Pueblo of Jemez, Pueblo of Santa Clara

and Pueblo of San Ildefonso, and the

President of the Mescalero Apache Tribe

were notified in accordance with the

Emergency Situation procedures

contained in the implementing

regulations of section 106 of the

National Historic Preservation Act of

1966 as amended (36 CFR 800.12) and

invited to comment on DOE’s

anticipated erosion and flood control

measures and cultural and historic

property treatments. No comments were

received. An assessment of the detailed

effects of the fire on cultural resources

will be compiled and provided to these

stakeholders. Members of the Advisory

Council on Historic Preservation visited

LANL on June 14, 2000.

Threatened and Endangered Species

A determination of fire and any postflooding effects on nesting Mexican

spotted owls and their habitat is being

made through field visits. Similar effects

on Southwestern willow flycatcher and

bald eagle habitat are also being

determined. Emergency consultation

with the U.S. Fish and Wildlife Service

was initiated by DOE as required under

section 7 of the Endangered Species Act

and the Department of the Interior and

Department of Commerce interagency

cooperation regulations (50 CFR

402.05). The consultation was

conducted as a cooperative effort with

the Department of Agriculture, Santa Fe

National Forest; Department of the

Interior, Bandelier National Monument,

and the Bureau of Indian Affairs, Santa

Clara Pueblo Tribal Counsel. DOE

determined that emergency actions

taken at LANL to suppress the fire and

those emergency actions already taken

and to be taken as flood control

measures may affect, but are not likely

to adversely affect, individuals of

Federally-listed threatened or

endangered species or their potential

critical habitat. To date, U.S. Fish and

Wildlife Service staff have expressed

oral concurrence with that

determination, and they are expected to

provide written concurrence soon. Staff

of the New Mexico Ecological Services

Field Office, U.S. Fish and Wildlife

Service, visited LANL on June 13, 2000.

Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Notices 38525

Utilities and Infrastructure

Routine LANL mission operations are

being re-initiated using a phased startup approach, including replacement of

various filters, monitors, alarms, cables,

and other facility health and safety

features; cleaning of all buildings and

structures; and replacement of

equipment and furnishings, such as

computers and carpets, damaged by fire

or smoke.

Damage to buildings and structures

are being repaired, including repair to

roofs, walls, doors and windows.

DOE-controlled roads are being

reopened to public access; hazardous

trees along these roads and in other

occupied areas at LANL are being cut

and removed from the site; hazard signs

are being installed in potential floodprone areas; hiking and running trails

and paths are being repaired or closed

to public use.

Damaged utility, security, and

communication lines, poles,

transformers, and other related

structures will be repaired or replaced,

and new lines and systems or

equipment such as emergency

generators are being installed where

needed to provide a redundancy of

service to vulnerable or critical areas.

Damaged road surfaces, guard rails,

temporary structures, small storage

structures or facility equipment and

automobiles/trucks are being repaired or

replaced.

New fire-breaks and fire access roads

have been bladed and existing breaks

and roads are being repaired or restored.

Helicopters and ground fire-fighting

equipment are being used at LANL to

fight hotspots; and helicopters are being

used to deliver supplies into difficult to

reach forested hillside areas. Upon total

fire suppression and completion of

forest rehabilitation activities, the LANL

fly-over restriction by low flying aircraft

will be reinstated.

The potential for flooding from rain

and stormwater runoff is being assessed.

Types of actions to be taken to mitigate

these potential effects include the

redirection or reduction of water flow

using comb and contour tree felling;

hill-side raking, localized terracing or

contour trenching; installation and use

of mulching material by hand or

machinery (including hydro-mulching

measures), silt fences, straw bale and

straw wattles, sandbags, log erosion

barriers, concrete barriers, earthen

berms, pre-fabricated debris catchers,

culverts, sediment traps, dams,

catchment and overflow basins, and the

installation of other temporary or longterm flood and erosion devices and use

of other control techniques. These

actions that are on-going to prevent lifethreatening flooding to downstream

communities may involve the use of

hand-held tools (such as rakes for

hillside terracing) or heavy machinery

(such as in the case of creating earthen

berms and dams) and may involve large

acreages.

Miscellaneous Hazard Reduction

Actions

Mechanical means, such as hand-held

tools and small machinery, are being

used to break-up hydrophobic soils and

stabilize soils. Steep slope areas have

been seeded using hand methods and

small airplanes.

Both un-contaminated and

contaminated wastes resulting from the

fire are being removed and disposed of

as appropriate, including removal of

asbestos and lead paint as needed.

Some unpaved facility access roads

are being re-graded and repaired as

needed.

Culverts are being evaluated, cleaned,

replaced or enlarged as needed and

existing rock gabions (usually formed of

wire mesh forms containing rocks or

boulders) are being upgraded and

repaired, and new ones installed as

needed; any potential water flow

impediments are being removed as

necessary (such as pedestrian foot

bridges in some stream-bed locations).

Emergency community alert alarm

systems and remote automated weather

stations are being installed near

roadways or where needed.

Water storage tanks and pipes at

LANL are being drained and flushed,

including waste treatment lines, as

needed.

Stormwater runoff from Pajarito

Canyon may be diverted into Water

Canyon as determined necessary to

protect White Rock residents and LANL

facilities. This may involve the cutting

of trenches or similar devices into areas

that are presently undisturbed.

Planning for the possible temporary

relocation of hazardous materials,

special nuclear material and related

operations within LANL is being

conducted and any removal of such

materials and operations deemed

necessary is being undertaken using

appropriate packaging and

transportation methods. Receiving

facilities will be compatible with the

materials and operations removed there

or will undergo appropriate

modification to enable them to function

appropriately.

Planning for the possible relocation of

employees out of vulnerable facilities

will be conducted; some relocation of

employees into temporary quarters, as

deemed necessary, is on-ongoing. This

may involve the placement of trailers or

similar structures within already

developed areas where utilities are

available, or the leasing of available offsite office facilities, or similar actions.

Damaged, dying, or dead trees near

structures, buildings, drainages and

roads are being cut and removed along

with trees cut during fire suppression

efforts. These trees are being felled in

place to perform erosion control.

Other Miscellaneous Recovery Actions

A permit(s) for the use of DOEadministered land will be issued to

private parties and/or local government

entities for community recovery efforts

and measures, including staging of

equipment, building materials,

temporary housing units (such as

mobile homes and trailers), temporary

storage facilities, and similar actions,

and the use of some land tracts (such as

the DP Road Tract and the White Rock

Tract) for up to three years for

temporary residences. It is possible that

up to 200 temporary housing units

would be installed on DOE-managed

land, which would be occupied by

about 500 persons. The permitted

parties could install permanent and

temporary utility infrastructure as well

as other infrastructure such as roads and

sidewalks.

The effects of reseeding and

revegetation efforts, as well as other

hazard reduction actions, will be

monitored annually for at least the next

five years. Repair, replacement or

repetition of these actions will be

undertaken as needed. Assessments and

reevaluations of management plans for

various natural and cultural resources

within LANL will be undertaken and

implemented as appropriate.

Environmental Impacts

These listed actions have resulted, or

will result, in localized and general

environmental impacts that range from

beneficial to significantly adverse. The

following qualitative discussions briefly

identify anticipated impacts that are or

could be associated with these actions.

Fire suppression response activities

undertaken while the fire front raged

through LANL property likely resulted

in relatively minor impacts that were

environmentally beneficial from the

standpoint of reducing fire intensity and

severity and suppressing the fire. The

suspension of routine operations at

LANL, and the closing of roads to public

use, during the fire significantly

reduced the potential for employee and

public health risks and enhanced the

ability of the Los Alamos townsite and

White Rock to be evacuated quickly,

thereby aiding in the overall protection

38526 Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Notices

of human life for the residents of the

local communities.

During the fire DOE allowed aircraft

to fly over LANL lands and allowed fire

fighters to enter the facility and engage

in fire suppression activities. These

actions may have had localized adverse

environmental effects including the

impacts of water dropping from a height

onto exposed soil, vegetation and

possibly onto cultural resources; soil

disturbance, tree damage, and cultural

resource damage may have resulted.

Fire retardant slurry was also dropped

from aircraft; the slurry is typically a

fertilizer compound that actually aids in

the establishment of plants during the

recovery period after a fire while, like

the water drops, it acted as a retardant

to fire spread.

The blading of firebreaks and access

roads, while being a means for

firefighters to stop the spread of the fire,

resulted in adverse impacts from the

removal of swaths of vegetation. The

removal of this vegetation has resulted

in additional disturbed acreage

vulnerable to erosion and that is

unpleasant in appearance. The acreage

involved at LANL has not yet been

calculated. It is known that about 40

miles of fuel break line was created

using heavy machinery and about 15

miles of fuel break line were created by

the use of hand tools around the fire

fronts, with about 17 miles of line

created both by hand means and using

heavy machinery being within the

LANL boundaries. The width of these

lines varied depending on site

conditions and suppression needs. Tree

cutting in front of the fire line decreased

the amount of vegetation and habitat for

small animals and birds, while at the

same time helping to control the spread

of the fire and thereby protecting

infrastructure and buildings from loss or

damage. Back fires set intentionally to

suppress the wildfire had similar

impacts.

The installation and use of a

temporary water supply station had

minimal environmental effects and

helped the firefighters to extinguish the

fire and protect property. Over-flights

for the purpose of using infrared

imagery to access the fire progress

resulted in minimal effects and aided

firefighters in determining the best

locations from which to fight the fire

and stage equipment. The installation

and use of portable air monitors resulted

in minimal environmental effects and

provided valuable information.

The post-fire actions, both on-going

and to be undertaken in the near term,

are more likely to result in major

adverse impacts, and will be discussed

herein in terms of the bounding

significant adverse impacts for which an

environmental impact statement would

normally have been prepared. Lesser

impacts (not likely to be of individually

significant nature) would be expected

for those activities not specifically

identified. The actions most likely to

result in significant adverse impacts

include the actions taken to remove

potential release site legacy

environmental contaminants (either in

the soil and silt, or buried beneath a soil

covering) if this removal involves a large

spatial area, and especially if it involves

the removal of contamination located

within a canyon bottom area within the

floodplain. (This would likely result in

the removal of additional vegetation and

create additional potential for soil

erosion; however, it would also decrease

the potential for movement downstream

of contaminants and the increased

spreading out of the contaminant

materials.)

Other actions involving significant

adverse impacts include the installation

of flooding control and hazard reduction

structures such as several large earthen

berms, dams, sediment traps, and

catchment and overflow basins. These

would be installed using heavy

equipment within floodplain areas and

would likely involve the permanent

removal of vegetation and soil and

possibly substrate removal over tens of

acres for each structure; and the local

drainage pattern and ecology of each

site will be altered. In addition, the

potential diversion of stormwater from

Pajarito Canyon into Water Canyon (or

another canyon) would involve either

trenching through tens of feet of rock

material comprising the mesa that lies

between the two canyons or the

tunneling through the mesa to form a

subsurface passageway for the water.

Impacts would include the use of heavy

machinery, trucks, and drilling

equipment; the removal and disposal of

tons of soil and rock material, part of

which potentially could be used

elsewhere on site for erosion control

and the removal of vegetation and

destruction of habitat.

The subsequent diversion of water

from one canyon system into another

would affect the ecology of both

canyons, as well as increase the erosion

in Water Canyon (or another similar

canyon), including possible scouring

and vegetation destruction.

Contaminants could move downstream,

potentially into the Rio Grande, though

these would be expected to be small

quantities that may not be readily

detectable and would not be expected to

result in adverse health effects.

This list of DOE actions is not

intended to be all-inclusive. As the

assessment of fire effects continues and

as the summer rainy season develops,

various restoration, flood control and

hazard reduction measures may be

found to be inadequate or in need of

replacement or reinforcement. The list

of actions may accordingly be expanded

or modified to meet additional needs for

repair, replacement, modifications or

additional activities.

Most of the actions taken by DOE will

result in minor environmental effects

similar to those actions conducted by

neighboring government agencies

(including federal agencies, the pueblos,

the State of New Mexico, and local

county governments) and private land

owners in response to the Cerro Grande

Fire and to protect the lives of area

residents and workers and the real

property located along the path of the

fire and within downstream areas. The

actions being taken on neighboring

lands are limited in nature to those with

individually and cumulatively

insignificant effects due to extreme site

topographical constraints and

conditions, together with an

implementation time deadline of July 1,

2000. Some of DOE’s actions will result

in individually significant impacts to

the human environment. Further more,

the sum of DOE’s actions, when

considered in conjunction with other

actions conducted on neighboring lands,

will have cumulatively significant

impacts. The overall effects of these

cumulative impacts will be positive if

the risk of flooding is sufficiently

lessened to achieve the desired results,

and neutral or adverse if the risk of

flooding remains unchanged. It is likely

that overall water quality will be

slightly adversely affected farther away

from the burned areas. By the time the

water enters the upper end of Cochiti

Reservoir the water quality should be

sufficiently good so that no adverse

effects may be expected. The nearer to

the burned areas one comes, the surface

water will become of increasingly

poorer quality due to fine particle

suspension of ash material and silt, and

the transport of larger pieces of charcoal

and logs. There are no plans to use

surface water to furnish individuals or

communities with potable water within

the area of concern, however, so potable

supplies will not be adversely affected.

Some use of the Rio Grande for

irrigation, however, may result in

slightly adverse effects, or, depending

upon the concentration of nutrients, the

surface water may have slight positive

effects on crops. Contaminants that

preferentially adhere to charcoal, or to

silt, may move down stream into the Rio

Grande and through the Cochiti

Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Notices 38527

Reservoir, but due to dilution may not

be readily detectable and are not

expected to be harmful to the

environment or to human health.

If there is flooding, the overall

removal of many tons of topsoil over the

burn area will be an adverse irreversible

effect. The cumulative impact to

vegetation, cultural resources, sensitive

or threatened and endangered species,

wildlife, infrastructure and utilities,

recreational use resources,

socioeconomic resources,

environmental justice issues, and visual

resources effects would be significantly

adverse if severe flooding were to occur.

And the loss of human life due to

flooding would be an unacceptable,

irreplaceable, and irreversible adverse

impact.

Mitigations

Mitigation actions that have been and

will continue to be employed when

undertaking the flood control, hazard

reduction and various recovery actions

include: use of certified seed mixes to

reduce the potential for the introduction

of non-native plant species; use of

standard dust suppression means, such

as water sprays on construction sites;

avoidance of cultural resource sites

(trained archeologists are on-site during

earth moving activities near known

cultural resource sites to help avoid any

adverse effects); avoidance of potential

habitat areas for Federally-listed

threatened and endangered species

(trained biologists are on-site during

earth moving activities near potential

sensitive habitat areas to help avoid any

adverse effects); avoidance of PRSs

during earth moving activities (unless

specifically associated with the planned

removal, protection or stabilization of

these sites); and the use of best

management industry practices when

engaged in construction actions.

DOE will continue to monitor the

effectiveness and the environmental

effects of the emergency actions that it

is undertaking and will make

appropriate modifications during

implementation to mitigate adverse

effects.

Compliance Actions

Pursuant to Council on

Environmental Quality regulations

implementing NEPA under emergency

circumstances (40 CFR 1506.11) and

DOE’s own NEPA implementing

regulations (10 CFR 1021.343), DOE has

consulted with the Council regarding

alternative NEPA compliance

arrangements for emergency actions

having significant environmental

impacts. Because of the urgent need to

take action, without delay, to employ

flood control and hazard reduction

measures before the annual rainy season

begins, DOE, consistent with Council on

Environmental Quality consultations,

will prepare a special environmental

analysis of impacts from the emergency

fire suppression and the flood control

actions taken by DOE. DOE is scheduled

to issue the special environmental

analysis in September 2000 to LANL

stakeholders, including pueblos and

tribes, and make it otherwise publicly

available through the Internet and in

DOE and LANL reading rooms and local

public libraries in the following New

Mexico communities, towns and cities:

Los Alamos, Santa Fe, Espan ̃ola, and

Albuquerque. The availability of the

document will be published in local

area newspapers. All subsequent or

other actions undertaken by DOE will be

subject to NEPA under the normal

compliance process.

This notice also serves as the Public

Notice and Statement of Findings

regarding DOE’s intention to take action

involving construction and other actions

within floodplains and wetlands

pursuant to DOE’s regulations for

Compliance with Floodplain/Wetlands

Environmental Review Requirements

(10 CFR part 1022). As provided in 10

CFR 1022.18, and because there is an

immediate need to take emergency flood

control and hazard reduction actions,

DOE is waiving the public review

periods that would otherwise apply

before DOE would take such actions in

a floodplain or wetland.

Public Involvement

DOE will continue to participate in

public outreach efforts, including those

sponsored by DOE and those

coordinated by the BAER Team. Two

public meetings have been held at

which technical specialists discussed

issues of concern with the public, and

additional meetings are anticipated as

the emergency response actions

continue. DOE will continue to employ

a variety of mechanisms, including Web

sites, press releases, information

telephone line, and informal

consultations with stakeholders, to

facilitate public involvement. A Public

Advisory Group is being established

that will focus specifically on

communications issues as they relate to

potential runoff and flood mitigation

activities.

The BAER Team has provided

information to the public and

opportunities for public involvement

through several mechanisms including,

the establishment of a Web site

(www.baerteam.org), regular press

releases, an information line (505–603–

8942), and individual contacts with

members of the public. DOE will

continue to coordinate its fire recovery

and flood control actions with the

interagency team and other

stakeholders, and will continue to

participate in public meetings.

The public is invited to provide

comments on this notice to Elizabeth

Withers, NEPA Compliance Officer, at

U.S. Department of Energy, Los Alamos

Area Office, 528 35th Street, Los

Alamos, NM 87544, phone (505) 667–

8690 or fax (505) 665–4872. Comments

would be considered in developing the

special environmental analysis on the

emergency actions that have been and

are being undertaken.

DOE’s emergency action plans will be

modified, as appropriate, in response to

new information and changing

conditions. Monitoring results of the

effectiveness and the environmental

effects of the emergency actions will be

made available to the public. DOE will

consider any comments, to the extent

practicable, in pursuing adaptive

mitigation measures. DOE welcomes

comments at any time and will address

them to the extent practicable.

Requests for a copy of the special

environmental analysis, when available,

may be directed to Elizabeth Withers

(see above). Copies will also be available

on the DOE NEPA Web at http://

tis.eh.doe.gov/nepa/. The analysis will

be made available to the public and

DOE will consider comments received

in pursuing adaptive mitigation

measures.

Issued at Washington, DC, June 16, 2000.

Henry K. Garson,

NEPA Compliance Officer, Office of the

Assistant Administrator for Defense

Programs.

[FR Doc. 00–15797 Filed 6–19–00; 1:04 pm]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Environmental Management SiteSpecific Advisory Board, Rocky Flats

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

SUMMARY: This notice announces a

meeting of the Environmental

Management Site-Specific Advisory

Board (EM SSAB), Rocky Flats. The

Federal Advisory Committee Act (Pub.

L. No. 921–463, 86 Stat. 770) requires

that public notice of these meetings be

announced in the Federal Register.

DATES: Thursday, July 6, 2000; 6 p.m.–

9:30 p.m.

ADDRESSES: College Hill Library, Front

Range Community College, 3705 West

112th Avenue, Westminster, CO.