[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84565-84567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24520]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5737-032]


Santa Clara Valley Water District; Notice of Intent To Prepare an 
Environmental Impact Statement for the Proposed Surrender of Exemption, 
Schedule for Environmental Review, and Request for Comments

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental impact statement (EIS) that 
will discuss the environmental impacts of the Anderson Dam Project No. 
5737 (Exemption) involving the proposal by the Santa Clara Valley Water 
District (Valley Water) to retrofit the Anderson Dam and to surrender 
the Exemption \1\ located on Coyote Creek, in Santa Clara County, 
California.\2\ The surrender of the exemption and the retrofit of the 
dam are collectively referred to as the Project. The Commission will 
use this EIS in its decision-making process in accordance with the 
National Environmental Policy Act (NEPA). The schedule for preparation 
of the EIS is discussed in the Schedule for Environmental Review 
section of this notice.\3\
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    \1\ Santa Clara Valley Irrigation District, 28 FERC ] 62,276 
(1984).
    \2\ The surrender application was filed February 20, 2024, and 
supplemented on May 20, May 28, July 2, and July 3, 2024.
    \3\ In accordance with the Council on Environmental Quality's 
regulations, the unique identification number for documents relating 
to this environmental review is EISX-019-20-000-1727256582. 40 CFR 
1502.4(e)(10) (2024).
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    As part of the NEPA review process, the Commission takes into 
account concerns the public may have about proposals and the 
environmental impacts that could result whenever it considers the 
issuance of a surrender order. This gathering of public input is 
referred to as ``scoping.'' By notice issued on August 21, 2024, in 
Docket No. P-5737-032, the Commission opened a scoping period to 
solicit comments; this scoping period expires on October 21, 2024; 
however, Commission staff continues to accept comments after the 
comment period closes. Staff also held two scoping sessions in Morgan 
Hill, CA on August 18 and 19, 2024, to take oral scoping comments. 
Commission staff intends to prepare an EIS that will address the 
concerns raised during the scoping process and comments received in 
response to this notice. Therefore, if you previously submitted 
comments on this

[[Page 84566]]

Project to the Commission during the scoping period, you do not need to 
file those comments again.
    By this notice, the Commission requests public comments on the 
scope of issues to address in the environmental document, including 
comments on potential alternatives and impacts, and any relevant 
information, studies, or analyses of any kind concerning impacts 
affecting the quality of the human environment. To ensure that your 
comments are timely and properly recorded, please submit your comments 
so that the Commission receives them in Washington, DC on or before 
5:00 p.m. Eastern Time on November 18, 2024.\4\ Comments may be 
submitted in written form. Further details on how to submit comments 
are provided in the Public Participation section of this notice.
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    \4\ The Commission's Rules of Practice and Procedure provide 
that, if a filing deadline falls on a Saturday, Sunday, holiday, or 
other day when the Commission is not open for business, the filing 
deadline does not end until the close of business on the next 
business day. 18 CFR 385.2007(a)(2) (2024). The filing deadline is 
30 days from issuance of the notice (i.e., November 16, 2024), which 
falls on a Saturday, thus the filing deadline is the close of 
business Monday, November 18, 2024.
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Public Participation

    There are three methods you can use to submit your comments to the 
Commission. The Commission encourages electronic filing of comments and 
has staff available to assist you at (866) 208-3676 or 
<a href="/cdn-cgi/l/email-protection#88ceedfaebc7e6e4e1e6eddbfdf8f8e7fafcc8eeedfaeba6efe7fe"><span class="__cf_email__" data-cfemail="c781a2b5a488a9abaea9a294b2b7b7a8b5b387a1a2b5a4e9a0a8b1">[email protected]</span></a>. Please carefully follow these instructions 
so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment 
feature, which is located on the Commission's website (www.ferc.gov) 
under the link to FERC Online. Using eComment is an easy method for 
submitting brief, text-only comments on a Project;
    (2) You can file your comments electronically by using the eFiling 
feature, which is located on the Commission's website (www.ferc.gov) 
under the link to FERC Online. With eFiling, you can provide comments 
in a variety of formats by attaching them as a file with your 
submission. New eFiling users must first create an account by clicking 
on ``eRegister.'' You will be asked to select the type of filing you 
are making; a comment on a particular Project is considered a ``Comment 
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to 
the Commission. Be sure to reference the Project docket number (P-5737-
032) on your letter. Submissions sent via the U.S. Postal Service must 
be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy 
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 
20426. Submissions sent via any other carrier must be addressed to: 
Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Additionally, the Commission offers a free service called 
eSubscription. This service provides automatic notification of filings 
made to subscribed dockets, document summaries, and direct links to the 
documents. Go to https://www.ferc.gov/ferc-online/overview to register 
for eSubscription.
    The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202)502-6595 or <a href="/cdn-cgi/l/email-protection#0f405f5f4f696a7d6c21686079"><span class="__cf_email__" data-cfemail="91dec1c1d1f7f4e3f2bff6fee7">[email protected]</span></a>.

Summary of the Proposed Surrender

    The purpose of and need for this EIS is to analyze the exemptee's 
proposal to retrofit the Anderson Dam and to surrender the Exemption. 
The proposed action includes: (1) drawing down the Anderson reservoir 
to perform a seismic retrofit of the dam which would include removing 
Anderson Dam in stages and rebuilding the dam and spillway to meet 
public safety requirements; (2) decommissioning the hydroelectric 
facility; (3) implementing conservation measures downstream of the dam 
on Coyote Creek; and (4) surrendering the hydroelectric exemption. 
Construction to retrofit the dam would take approximately seven years 
to complete, proposed to begin in 2026. The proposal includes various 
environmental monitoring plans, site restoration activities, and 
mitigation measures including improvements to Ogier Ponds and 
enhancements to the fish passage facilities at the Coyote Percolation 
Dam located downstream and outside of the Anderson Dam Hydroelectric 
Project on Coyote Creek. After the surrender, Valley Water would 
continue to maintain Anderson Reservoir and the rebuilt dam under 
specific operational conditions discussed in the surrender application.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss impacts that could 
occur as a result of the proposed dam retrofit and surrender under the 
relevant general resource areas:

<bullet> geology and soils
<bullet> water quantity
<bullet> water quality
<bullet> aquatic resources
<bullet> terrestrial resources
<bullet> threatened and endangered species
<bullet> recreation
<bullet> land use
<bullet> aesthetic resources
<bullet> socioeconomics
<bullet> cultural resources
<bullet> air quality, noise, and greenhouse gases; and
<bullet> environmental justice.

    Commission staff will also make recommendations on how to lessen or 
avoid impacts on the various resource areas. Some of the expected 
effects include: (1) erosion of exposed soils during and following 
construction and associated effects of suspended and/or contaminated 
sediments on water quality; (2) effects on Valley Water's municipal 
water system and downstream water avalability for groundwater recharge; 
(3) aquatic habitat connectivity and fish passage, including species 
listed under the Endangered Species Act; (4) removal of existing 
recreational facilities and the proposed construction schedule 
affecting the visitation to recreational sites; (5) construction-
related effects on public safety, local roads and traffic, and 
emergency response times; (6) effectiveness of short and long-term 
measures to avoid adverse effects on fire management; (7) the visual 
and audible experience of visitors and residents in the Project 
vicinity; (8) effects of reservoir drawdown and construction on 
property values around Anderson Reservoir and Anderson Dam, Morgan 
Hill; and Santa Clara County; (9) off-site effects to air quality and 
noise along haul and access routes; and (10) Project-related effects on 
communities with environmental justice concerns such as construction 
traffic and the removal of recreational facilities. Your comments will 
help Commission staff focus its analysis on the issues that may have a 
significant effect on the human environment.

[[Page 84567]]

    The EIS will present Commission staff's independent analysis of the 
issues. The U.S. Army Corps of Engineers (Corps) is a cooperating 
agency in the preparation of the EIS.\5\ Staff will prepare a draft EIS 
which will be issued for public comment. Commission staff will consider 
all timely comments received during the comment period on the draft EIS 
and revise the document, as necessary, before issuing a final EIS. Any 
draft and final EIS will be available in electronic format in the 
public record through eLibrary.\6\ (If eSubscribed, you will receive 
instant email notification when the environmental document is issued.
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    \5\ The Council on Environmental Quality regulations addressing 
cooperating agency responsibilities are at 40 CFR 1501.8.
    \6\ For instructions on connecting to eLibrary, refer to the 
last page of this notice.
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Alternatives Under Consideration

    As part of our review in the NEPA document, the Commission will 
consider a range of reasonable alternatives that are technically and 
economically feasible and meet the purpose and need for the proposed 
action.\7\ Alternatives that do not meet these requirements will be 
summarized and dismissed from further consideration in the NEPA 
document. Staff will also consider the no-action alternative. 
Currently, we are considering an alternative to the proposed action 
that potentially meets the above criteria: the applicants' proposed 
action with staff modifications.
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    \7\ 40 CFR 1508.1(hh).
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    The alternatives we are considering may be expanded based on the 
comments we receive, provided they meet the required criteria. With 
this notice, we ask commenters to identify other potential alternatives 
for consideration.

Schedule for Environmental Review

    On March 21, 2024, the Commission issued its Notice of Application 
for Surrender of Exemption Accepted for Filing for the Project. This 
Notice of Intent identifies Commission staff's planned schedule for 
completion of the final EIS for the Project, which is based on an 
issuance of the draft EIS in May 2025, opening a 45-day public comment 
period. All comments filed will be reviewed by staff and considered in 
the Commission's final decision on the proceeding.

Issuance of Notice of Availability of the final EIS--November 21, 2025

    In accordance with the Council on Environmental Quality's 
regulations for EISs, agencies are to make schedules for completing the 
NEPA process publicly available.\8\ This notice identifies the 
Commission's anticipated schedule for issuance of the final order for 
the Project, which serves as the Commission's record of decision. We 
currently anticipate issuing a final order for the Project no later 
than:
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    \8\ 40 CFR 1501.10(h).

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Issuance of the Surrender Order--February 19, 2026

    If a schedule change becomes necessary, an additional notice will 
be provided so that the relevant agencies are kept informed of the 
Project's progress. After the final EIS is issued, the Commission will 
make a decision on the proposal.

Permits and Authorizations

    The table below lists the anticipated permits and authorizations 
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is 
not listed here. Agencies with jurisdiction by law and/or special 
expertise may formally cooperate in the preparation of the Commission's 
EIS and may adopt the EIS to satisfy its NEPA responsibilities related 
to this Project.

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                 Agency                      Permit or authorization
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U.S. Army Corps of Engineers...........  Section 404 of the Clean Water
                                          Act Permit.
California State Water Resources         Section 401 Water Quality
 Control Board.                           Certification.
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Additional Information

    Additional information about the Project is available on the FERC 
website at www.ferc.gov using the eLibrary link. Click on the eLibrary 
link, click on ``General Search'' and enter the Docket No. P-5737 in 
the ``Docket Number'' field. Be sure you have selected an appropriate 
date range. For assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#367053445579585a5f585365434646594442765053445518515940"><span class="__cf_email__" data-cfemail="a1e7c4d3c2eecfcdc8cfc4f2d4d1d1ced3d5e1c7c4d3c28fc6ced7">[email protected]</span></a> or (866) 208-3676, or for TTY, contact (202) 
502-8659. The eLibrary link also provides access to the texts of all 
formal documents issued by the Commission, such as orders, notices, and 
rulemakings.
    Any questions regarding this notice may be directed to Jennifer 
Polardino at <a href="/cdn-cgi/l/email-protection#1b717e7575727d7e69356b74777a697f7275745b7d7e6978357c746d"><span class="__cf_email__" data-cfemail="ed87888383848b889fc39d82818c9f89848382ad8b889f8ec38a829b">[email protected]</span></a>, or (202) 502-6437.

    Dated: October 17, 2024.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2024-24520 Filed 10-22-24; 8:45 am]
BILLING CODE 6717-01-P


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