[Federal Register Volume 62, Number 50 (Friday, March 14, 1997)]
[Notices]
[Pages 12160-12161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6464]


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DEPARTMENT OF ENERGY
Bonneville Power Administration


Billy Shaw Dam and Reservoir

AGENCY: Bonneville Power Administration (BPA), Department of Energy 
(DOE).

ACTION: Finding of no significant impact (FONSI) and floodplain/wetland 
statement of findings.

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SUMMARY: This notice announces BPA's decision to fund the construction, 
operation, and maintenance of the Billy Shaw Dam and Reservoir on the 
Duck Valley Reservation. This project is part of a continuing effort to 
address system-wide fish and wildlife losses caused by the development 
of the hydropower system in the Columbia River Basin. BPA has prepared 
an Environmental Assessment (EA) (DOE/EA-1167) evaluating the potential 
environmental impacts of the proposed project. Based on the analysis in 
the EA, BPA has determined that the Proposed Action is not a major 
Federal action significantly affecting the quality of the human 
environment, within the meaning of the National Environmental Policy 
Act (NEPA) of 1969. Therefore, the preparation of an Environmental 
Impact Statement (EIS) is not required and BPA is issuing this FONSI.
    A finding is included that there is no practicable alternative to 
locating the project within a 100-year floodplain.

ADDRESS: For copies of this FONSI, please call BPA's toll-free document 
request line: 800-622-4520.

FOR FURTHER INFORMATION, CONTACT: Kathy Fisher--ECN, Bonneville Power 
Administration, P.O. Box 3621, Portland, Oregon, 97208-3621, phone 
number 503-230-4375, fax number 503-230-5699.

SUPPLEMENTARY INFORMATION: Under provisions of the Pacific Northwest 
Electric Power Planning and Conservation Act of 1980 (Act), BPA 
protects, mitigates, and enhances fish and wildlife and their habitats 
affected by the construction and operation of the Federal hydroelectric 
system in the Columbia River Basin. This is accomplished through 
funding of measures that are consistent with the Northwest Power 
Planning Council's (Council) Fish and Wildlife Program and other 
purposes of the Act [16 U.S.C. 839b(h)(10)(A)]. The site-specific fish 
and wildlife mitigation projects that BPA funds are intended to help 
reach the Council's mitigation goals and are ``in addition to, not in 
lieu of, other expenditures authorized or required from other entities 
under other agreements or provisions of law.''
    The Proposed Action is for BPA to fund the construction and 
operation of the Billy Shaw Dam and Reservoir (Project) on the Duck 
Valley Reservation (Reservation). It is consistent with the objectives 
of the Council's Program goals and satisfies the Council's 
recommendation to implement an additional lake fishery at Coyote Sink 
on the Duck Valley Reservation. Developing the Project would help BPA 
meet the need to provide off-site mitigation in the Duck Valley area 
for the loss of salmon and steelhead caused by the construction and 
operation of the Federal hydroelectric dams and reservoirs on the 
Columbia River. The No Action Alternative considered in the EA would 
not satisfy BPA's need to provide off-site mitigation in the Duck 
Valley Reservation area for salmon and steelhead.
    The Project would include the construction of an earthen dam to 
create a reservoir in the Billy Shaw Slough on the Reservation. The 
water for the new reservoir would come from natural high spring flows 
that would be diverted from the Owyhee River at the China Diversion Dam 
and supplied through the Duck Valley Canal and the new Billy Shaw Feed 
Canal. The new reservoir would have a surface area of 174 hectares (430 
acres) and volume of 3300 acre-feet. The reservoir would be stocked 
with trout from an existing fish hatchery.
    Some environmental impacts would occur as a result of the Project, 
but the impacts would not be significant. Approximately 223 hectares 
(550 acres) of vegetation and wildlife habitat would be removed or 
disturbed by the Project. Approximately 174 hectares (430 acres) of 
suitable foraging habitat for various animal species, including 
federally listed bald eagles, and suitable nesting habitat for 
burrowing owls and pygmy rabbits would be permanently replaced by a 
reservoir. An additional 49 hectares (120 acres) of habitat would be 
temporarily disturbed by construction activities. The vegetation and 
habitat disturbance and removal would not be significant because 
similar vegetation and habitat is plentiful in the area. The impact 
area represents less than 3% of the Billy Shaw Slough monotypical 
vegetation and habitat communities.
    Another vegetation related impact would be the increase in plant 
diversity along the reservoir shoreline. This impact would not be 
significant because only native plants would be used for reseeding and 
revegetating disturbed areas. This would prevent non-native plants from 
being introduced into the local area by the Project.
    Soil disturbance from construction and maintenance activities would 
increase the risk of erosion. However, the impact would not be 
significant because it would be limited to localized increases in 
erosion and runoff. Although foraging habitat for bald or golden eagles 
would be replaced by the new reservoir, the reservoir may contribute to 
increased site use by bald or golden eagles, especially at the 
reservoir or riparian fringe areas. No other threatened or endangered 
wildlife are known to occur within the area. Impacts to the bald eagle 
would not be significant because similar foraging opportunities are 
plentiful in the area. Increased site utilization by bald or golden 
eagles would not significantly impact any other wildlife resource.
    The addition of the reservoir would increase the amount of fish 
habitat in the area. The Project design and location would prevent the 
reservoir fish from leaving the reservoir so there would be no impacts 
to other aquatic environments. Approximately 1.2 hectares (3 acres) of 
intermittent wetlands would be permanently replaced by the reservoir. 
The impacts would not be significant because the wetlands are not part 
of a complete and interrelated wetland area. New wetlands and riparian 
areas would naturally develop in shallow areas around the reservoir 
perimeter and would offset the loss of the existing intermittent 
wetlands.
    The Project would be developed within an area prone to spring 
flooding from the Owyhee River. The Project would reduce seasonal 
flooding below the dam site and would alter normal runoff patterns. No 
impacts to lives or

[[Page 12161]]

property would occur because no facilities or habitation exist within 
the area.
    Impacts from construction activities on visual resources, 
employment and economic opportunities, air quality, and public health 
and safety would be minor and of short duration. After project 
construction, the reservoir would attract additional wildlife and 
diversify the viewing opportunities in the valley.
    The location of the Project borrow site was not identified in the 
EA because it is not known at this time. However, impacts to 
vegetation, wildlife, and cultural resources would not be significant 
because preconstruction surveys would be conducted if an undeveloped 
borrow site is selected for use. If the surveys determine the presence 
of sensitive resources such as endangered species or historic 
properties, then the borrow site would either be relocated or 
appropriate mitigation measures would be applied to ensure any impacts 
are at a level below significant.
    As stated in Chapter IV--Permit Requirements and Contacts of the 
EA, the Project is subject to certain regulatory requirements. A permit 
to fill in wetlands under Section 404 of the Clean Water Act would be 
required. The Nevada Division of Environmental Protection may require a 
letter of water quality certification or a rolling stock water 
pollution control permit. The U.S. Army Corps of Engineers would 
require an Impoundment Permit for the emplacement of the reservoir. In 
accordance with the National Historic Preservation Act, a Class III 
cultural resources survey was conducted and found no significant 
resources. The Nevada State Historic Preservation Officer concurred in 
a letter dated June 17, 1996 that the Project site was not eligible for 
the National Register of Historic Places. In accordance with the 
requirements of the Fish and Wildlife Coordination Act, the U.S. Fish 
and Wildlife Service (USFWS) was consulted about this Project. The 
Project is consistent with the Endangered Species Act because the EA 
confirmed that no plant or animal species federally listed as 
threatened or endangered would be adversely affected by the Project.

Floodplain Statement of Findings

    This is a Floodplain Statement of Findings prepared in accordance 
with 10 CFR Part 1022. A Notice of Floodplain and Wetlands Involvement 
was published in the Federal Register on May 17, 1996 and a floodplain 
and wetlands assessment was incorporated in the EA. BPA proposes to 
fund the construction of an earth dam and reservoir in the Billy Shaw 
Slough of the Duck Valley Reservation near Owyhee, Nevada. The Proposed 
Action would be located in the floodplain because that area offers the 
topographical qualities needed to fill and maintain a permanent 
reservoir. The alternative to the Proposed Action, the No Action 
Alternative, would not satisfy BPA's need to provide off-site 
mitigation on the Duck Valley Reservation for the loss of salmon and 
steelhead. The Proposed Action conforms to applicable State or local 
floodplain protection standards.
    Preliminary designs for the spillway and outlet works of the dam 
included the small dam criteria available from the U.S. Department of 
Agriculture Natural Resources Conservation Services (NRCS). The inflow 
design floods were computed based upon NRCS, Idaho Department of Water 
Resources, and Nevada Division of Water Resources criteria for 
structures of this size and hazard classification. Although studies 
indicated that a probable maximum flood event could be stored without 
the use of the spillway, an emergency spillway would be included in the 
plan. These design considerations would minimize any potential harm to 
the floodplain should a significant flood event occur. Also, the 
downstream hazard classification for the reservoir site is considered 
low because no permanent or temporary human habitation or permanent 
property development lies in the floodplain downstream from the 
proposed damsite.
    BPA will endeavor to allow 15 days of public review after 
publication of this statement of findings before implementing the 
Proposed Action.

Determination

    Based on the information in the EA, as summarized here, BPA 
determines that the Proposed Action is not a major Federal action 
significantly affecting the quality of the human environment within the 
meaning of NEPA, 42 U.S.C. 4321 et seq. Therefore, an EIS will not be 
prepared and BPA is issuing this FONSI.

    Issued in Portland, Oregon, on March 3, 1997.
Alexandra B. Smith,
Vice President, Environment, Fish, & Wildlife.
[FR Doc. 97-6464 Filed 3-13-97; 8:45 am]
BILLING CODE 6450-01-P