Wolf Creek Ditch Special Use Permit, Okanogan National Forest, Okanogan County, WA

DEPARTMENT OF AGRICULTURE

Forest Service

Wolf Creek Ditch Special Use Permit, Okanogan National Forest,

Okanogan County, WA

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA, Forest Service, will prepare an environmental impact

statement (EIS) on a proposal to issue an easements and special use

permits to the Wolf Creek Reclamation District to

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operate and maintain the Wolf Creek and Little Wolf Creek irrigation

ditches and access the ditches over Forest Service roads. In addition

to issuing easements and special use permits, the proposed action

includes replacing the existing log diversion structure with a concrete

structure, which will allow for fish passage, and realigning the

existing culvert at the beginning of the ditch. The EIS will develop a

range of alternatives for operation and maintenance of the ditch. The

alternatives will include the No Action alternative, whereby no

easements or special use permits would be issued to the Wolf Creek

Reclamation District, and no water would be allowed to flow down the

ditch, and alternatives that respond to issues identified during the

scoping process. The proposed action is consistent with the direction

in the 1989 Okanogan National Forest Land and Resource Management Plan

(Forest Plan), as amended by the 1994 Northwest Forest Plan, which

provide overall guidance for management of the area. Implementation of

this proposal is scheduled to begin in summer 2000. The Forest Service

invites written comments on this project. In addition, the agency gives

notice of this environmental analysis so that interested and affected

people are aware of how they may participate and contribute to the

decision making process.

DATES: Comments concerning the scope and implementation of the proposal

should be received in writing by September 10, 1999.

ADDRESSES: Send written comments and suggestions concerning this

project to Sonny J. O'Neal, Forest Supervisor, Okanogan National

Forest, 1240 S. Second Ave., Okanogan, Washington, 98840.

FOR FURTHER INFORMATION CONTACT: Direct questions about the proposed

action and the scope of analysis to Jan Flatten, Project Team Leader at

1240 South Second Avenue, Okanogan, WA, (509) 826-3277.

SUPPLEMENTARY INFORMATION: The Wolf Creek Reclamation District has held

a special use permit to operate and maintain the Wolf Creek irrigation

ditch since 1921. The Reclamation District provides both domestic and

agricultural water to residents, businesses and public agencies along

the ditch. The portion of the ditch on National Forest System lands

(NFS) is located in Sections 1 and 2 of Township 34 North, Range 20

East, Willamette Merdian. The ditch on NFS lands spans approximately

one mile, from the headgate on Wolf Creek just below the boundary of

the Lake Chelan-Sawtooth Wilderness, across Little Wolf Creek to

private land. The ditch eventually empties into Patterson Lake, where

it is then channeled around Patterson Mountain to service private lands

and the Methow Valley School District. The ditch currently has a log

diversion dam and a temporary flat fish screen installed in the summer

of 1999 at the headgate on Wolf Creek. The headgate is currently

inaccessible by road and is located at the edge of the Sawtooth

inventoried Roadless Area. The Reclamation District currently holds a

temporary special use permit for operation and maintenance of the

ditch. In 1997, steelhead were listed as an endangered species under

the Endangered Species Act. Bull trout were listed as a threatened

species in 1998, and Upper Columbia River Spring Chinook Salmon were

listed as an endangered species in 1999. All three species are found in

Wolf Creek. The Wolf Creek Reclamation District does not hold a special

use permit for the little Wolf Creek ditch.

The analysis area is located entirely in matrix lands under the

Northwest Forest Plan, and is managed for wildlife (MA-5; 30%) under

the Okanogan National Forest Land and Resource Management Plan (Forest

Plan). This EIS will tier to the Forest Plan, as amended by the

Northwest Forest Plan. The amended Forest Plan provides forest-wide

standards and guidelines, management area standards and guidelines,

management area standards and guidelines, and desired future conditions

for the various lands on the Forest. This direction is provided for

management practices that will be utilized during the implementation of

the amended Forest Plan.

In the early 1990s, the Wolf Creek Reclamation District applied for

an easement for the ditch under Public Law 99-545 (Colorado Ditch

Bill), which makes issuance of the easement to qualifying irrigation

ditches non-discretionary.

The proposed action for the Wolf Creek Ditch easements and special

use permits would permit the Wolf Creek Reclamation District to

continue to operate and maintain the Wolf Creek and Little Wolf Creek

irrigation ditches. Not allowing continued operation and maintenance of

the ditches might have adverse social and economic impacts. Access to

the Wolf Creek headgate would be via helicopter, all terrain vehicles

and a \1/4\ to \1/2\ mile long tractor trail to allow for replacement

of the headgate and diversion structure and realignment of the culvert.

The proposed action would be adjusted between draft and final EIS to

comply with any terms and conditions identified by the U.S. Fish and

Wildlife Service (USFWS) and the National Marine Fisheries Service

(NMFS) as a result of a Biological Opinion on the listed species.

The following preliminary issues have been identified for this

project: (1) Species listed under the Endangered Species Act

(steelhead, bull trout and spring Chinook salmon) reside in Wolf Creek

and may be adversely affected; (2) The headgate for the ditch is

located near the boundary of an inventoried roadless area and building

an access trail could potentially substantially alter the unroaded and

undeveloped character of that portion of the roadless area; (3) The

Lake-Chelan Sawtooth Wilderness boundary is approximately 500 feet

upstream from the existing headgate and reconstruction activities may

have short term impacts on wilderness users; and (4) Trail construction

and stream crossings of heavy equipment, headgate replacement, culvert

re-alignment, and diversion dam construction may increase sedimentation

in Wolf Creek.

The Forest Service will be seeking information, comments and

assistance from Federal, State, local agencies, tribes, and other

individuals or organizations who may be interested or affected by the

proposed project. This information will be used to determine the issues

significant to the development and analysis of alternatives, to

determine the appropriate range of alternative ways of implementing the

proposed action, and to guide the analysis of effects.

The scoping process will include the following:

Identification of potential issues;

Identification of issues to be analyzed in depth;

Elimination of insignificant issues or those which have

been covered by a relevant previous environmental process;

Exploration of alternative ways to implement the proposed

actions based on the issues identified during the scoping process; and

Determination of environmental effects of the proposed

action and alternatives (i.e. direct, indirect, and cumulative effects

and connected actions).

The analysis will develop a range of alternatives from No Action to

alternatives allowing for operation and maintenance of the irrigation

that respond to the significant issues.

The draft EIS is expected to be filed with the Environmental

Protection Agency (EPA) and to be available for

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public review by January 2000. The comment period on the draft EIS will

be 45 days from the date EPA publishes the notice of availability of

the draft EIS in the Federal Register.

The Forest Service believes it is important to give reviewers

notice at this early stage of several court rulings related to public

participation in the environmental review process. First, a reviewer of

a draft EIS 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 EIS stage but that are not raised

until after completion of the final EIS 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

objectives are made available to the Forest Service at a time when it

can meaningfully consider them and respond to them in the final EIS.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments on the draft EIS 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 EIS 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).

Individuals and organizations who write to comment on projects may

have their letters released in their entirety, if requested under the

Freedom of Information Act.

The final EIS is scheduled to be completed in March 2000. In the

final EIS, the Forest Service is required to respond to comments and

responses received during the comment period that pertain to the

environmental consequences discussed in the draft EIS and applicable

laws, regulations, and policies considered in making the decision

regarding this proposal. Sonny O'Neal, Forest Supervisor, is the

responsible official. As responsible official, he will document the

project decision and rationale in a Record of Decision. That decision

will be subject to Forest Service Appeal Regulations (36 CFR Part 215

and 36 CFR 251).

Dated: August 13, 1999.

Stuart Woolley,

Acting Deputy Forest Supervisor, Okanogan National Forest.

[FR Doc. 99-21635 Filed 8-19-99; 8:45 am]

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