Billy Shaw Dam and Reservoir

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