Lincoln-Pipestone Rural Water System, Record of Decis

W
Document Sample
scope of work template
							                         Federal Register / Vol. 64, No. 191 / Monday, October 4, 1999 / Notices                             53661

  Done in Washington, DC, this 27th day of   DEPARTMENT OF AGRICULTURE                      Dated: September 27, 1999.
September 1999.                                                                           Hilda Diaz-Soltero,
Craig A. Reed,                               Forest Service                               Associate Chief for Natural Resources.
Administrator, Animal and Plant Health                                                    [FR Doc. 99–25659 Filed 10–1–99; 8:45 am]
                                             Stewardship Contracting Pilot Project;
Inspection Service.                                                                       BILLING CODE 3410–11–M
                                             Multiparty Monitoring and Evaluation
[FR Doc. 99–25722 Filed 10–1–99; 8:45 am]
                                             Process
BILLING CODE 3410–34–P
                                                                                          DEPARTMENT OF AGRICULTURE
                                             AGENCY:   Forest Service, USDA.
DEPARTMENT OF AGRICULTURE                    ACTION:   Notice; reopen comment period.     Rural Utilities Service

                                             SUMMARY:   The Forest Service is             Record of Decision: Lincoln-Pipestone
Willamette Provincial Advisory
                                             reopening the comment period on the          Rural Water; Existing System North/
Committee (PAC)                                                                           Lyon County Phase and Northeast
                                             proposed framework for the multiparty
                                             monitoring and evaluation component          Phase Expansion; Environmental
AGENCY:   Forest Service, USDA.
                                             of the stewardship contracting pilot         Impact Statement
ACTION:   Notice of meeting.                 projects. Notice of this framework was       AGENCY:    Rural Utilities Service, USDA.
                                             published on August 17, 1999, in the
SUMMARY: The Willamette Province                                                          ACTION:   Record of decision.
                                             Federal Register; and the comment
Advisory Committee (PAC) will meet on        period ended September 16, 1999. The            The Rural Utilities Service (RUS) has
Thursday, October 14, 1999. The              agency has received requests to reopen       concluded an Environmental Impact
meeting is scheduled to begin at 9:00        the comment period from interested           Statement (EIS) it prepared for the
a.m., and will conclude at                   parties and from representatives of          Lincoln-Pipestone Rural Water (LPRW),
approximately 3:00 p.m. The meeting          communities involved in the pilots. The      Existing System North/Lyon County
will be held at the Quality Inn; 3301        agency realizes that many local groups       (ESN/LC) Phase and Northeast Phase
Market Street NE; Salem, Oregon 97301;       may not have been aware of the Federal       Expansion proposal in southwest
(503) 370–7888. The tentative agenda         Register notice and may not have had         Minnesota and is announcing its
includes: (1) Presentation of proposed       adequate time to provide comment on          decision in this Record of Decision
Forest Service planning regulations, (2)     the proposed framework during the            (ROD). RUS’ decision is to approve
Presentation of the results of 1999          summer field season. Therefore, the          LPRW’s application for financial
province monitoring and PAC                  agency is reopening the comment period       assistance to construct the Northeast
evaluation of the results, (3) Discussion    for 30 days.                                 Phase Expansion proposal. This
of Oregon Plan and Federal Measures          DATES: Comments must be received, in         approval is predicated on LPRW’s
for anadromous fish recovery, and (4)        writing, on or before November 3, 1999.      acceptance of a set of conditions and
Roundtable information sharing by Pac                                                     completion of mitigation measures
                                             ADDRESSES:    Questions about this notice    developed as part of and outlined in
members and federal agency                   may be sent to Cliff Hickman, via mail
representatives.                                                                          RUS’ preferred alternative. Prior to loan/
                                             at USDA Forest Service, Forest               grant approval, LPRW must be in
   The Public Forum is tentatively           Management, Mail Stop 1105, P.O. Box         compliance with all conditions of the
scheduled to begin at 10:00 a.m. Time        96090, Washington, DC 20090–6090 or          water appropriation permits issued by
allotted for individual presentations        electronically to chickman/                  the Minnesota Department of Natural
will be limited to 3–4 minutes. Written      wo@fs.fed.us.                                Resources (MDNR). Upon loan/grant
comments are encouraged, particularly           Electronic copies of the FY 1999          approval and prior to the release of any
if the material cannot be presented          Omnibus Appropriations Act or copies         funds, LPRW must prepare and
within the time limits for the Public        of the draft framework may be obtained       complete a Water Resource Management
Forum. Written comments may be               via Internet at www.fs.fed.us/land/fm/       Plan (WRMP) to RUS’ satisfaction.
submitted prior to the October 14            stewardship/framework.html.                     The purpose of the EIS was to
meeting by sending them to Designated                                                     evaluate the potential environmental
                                             FOR FURTHER INFORMATION CONTACT:     Cliff
Federal Official Neal Forrester at the                                                    impacts of a multiple-phase
                                             Hickman, Forest Management Staff,
address given below.                                                                      construction proposal where RUS has
                                             (202) 205–1162, or chickman/
                                                                                          and proposes to provide financial
FOR FURTHER INFORMATION CONTACT:    For      wo@fs.fed.us.
                                                                                          assistance for the development and
more information regarding this              SUPPLEMENTARY INFORMATION:      Section      expansion of a public rural water
meeting, contact Designated Federal          347 of the FY 1999 Omnibus                   system. The applicant for this proposal
Official Neal Forrester; Willamette          Appropriations Act authorized the            is a public body named LPRW and
National Forest; 211 East Seventh            Forest Service to implement up to 28         whose main offices are located in Lake
Avenue; Eugene, Oregon 97401; (541)          stewardship end results contracting          Benton, Minnesota. Specific project
465–6924.                                    projects. Notice of the draft framework      activities are and have included the
  Dated: September 27, 1999.                 for multiparty monitoring and                development of groundwater sources
                                             evaluation for these projects was            and production well fields and the
Darrel L. Kenops,
                                             published in the Federal Register on         construction of water treatment facilities
Forest Supervisor.                           August 17, 1999 (64 FRO 44685). The          and water distribution networks. The
[FR. Doc. 99–25682 Filed 10–1–99; 8:45 am]   Forest Service provided background           counties in Minnesota affected by this
BILLING CODE 3410–11–M                       information about the provisions of          proposal include Yellow Medicine,
                                             Section 347 and its progress in              Lincoln, and Lyon Counties and Deuel
                                             implementing the legislation, in a notice    County in South Dakota.
                                             that appeared on the July 9, 1999, issue        In accordance with the National
                                             of the Federal Register (64 FR 37096).       Environmental Policy Act (NEPA) of
53662                  Federal Register / Vol. 64, No. 191 / Monday, October 4, 1999 / Notices

1969 (42 U.S.C. 4231 et seq.) and RUS       reorganization, the Rural Development       particularly as they related to the Burr
regulations (7 CFR part 1794), RUS          Administration (RDA). RDA published a       Well Field, were performed subsequent
prepared an EIS concerning these            public notice announcing the                to a previous decision to fund LPRW’s
actions. Some of the issues evaluated in    availability of the supplemental EA in      ESN/LC Phase proposal. This situation
the EIS date back to a previous agency      local newspapers on October 14, 1994.       presented RUS with a procedural
decision to fund one of the phases of a     Upon review of the comments received        dilemma as to the ultimate purpose of
multi-phase system expansion project        on this document, a decision was made       the analyses to be presented in the EIS.
initiated by LPRW in 1991, known as         to prepare an EIS. During the time this     The dilemma is that NEPA, as a
the ESN/LC Phase project. In that phase,    decision was being made USDA again          procedural law, requires consideration
LPRW developed, among other system          reorganized its programs and the RDA        of the potential environmental impacts
improvements, a water source—the Burr       Water and Waste programs were               of a proposed action before a decision
Well Field—and constructed a water          combined with the utility programs of       is made. Even though decisions have
treatment facility. These facilities were   the Rural Electrification Administration    already been made and significant
designed to provide potable water to the    into a new agency—the Rural Utilities       public funds have been committed for
northern portion of LPRW’s service area.    Service.                                    the development and construction of the
The Burr Well Field is located in              RUS announced its intent to prepare      ESN/LC Phase project, RUS decided,
southwestern Yellow Medicine County         an EIS and hold public scoping              based on information and evidence
and is adjacent to the South Dakota—        meetings in a Notice of Intent,             presented, that the intent of NEPA
Minnesota state line. The two water-        published in the Federal Register on        would be advanced by taking a ‘‘harder’’
bearing formations utilized at this well    June 8, 1995, and in public notices in      look at the outstanding issues from the
field—the so-called Burr Unit of the        local newspapers. Public meetings were      1992 FmHA EA and the 1994 RDA
Prairie Coteau aquifer (Burr Unit) and      held on July 18, 1995, in Canby,            supplemented EA. Given this reality,
the deeper Altamont aquifer—underlie        Minnesota, and July 19, 1995, in            the primary decision facing RUS at this
portions of both South Dakota and           Brookings, South Dakota, for the            time is whether or not to fund the
Minnesota. The Altamont appears to be       purpose of describing the project and       Northeast Phase Expansion.
hydraulically isolated from the Burr        soliciting the public’s comments about         After considering public comments
Unit.                                       the issues to be considered in the EIS.     received in the scoping meetings, RUS
   During construction of the Burr Well        While RUS decided to prepare an EIS      determined the significant issues that
Field (initiated on April 19, 1993) and     on the outstanding concerns related to      were evaluated in the EIS. This
subsequent to its operation, public and     the FmHA’s previous decision (March         included the range of alternatives, as
regulatory concerns were raised and         24, 1992) to fund the ESN/LC phase          required by NEPA, which could meet
continue to be raised regarding the         proposal it had on file an application      the purpose and need of the proposed
potential environmental effects of          from LPRW to complete the last phase        action—that is, to provide a safe,
groundwater appropriations from the         of the original system expansion            reliable source of potable water to
Burr Unit. Because of geologic and          project—the Northeast Phase Expansion.      citizens within the northern portion of
hydrologic factors, groundwater from        Because the Burr Well Field was             LPRW’s service area. The primary issues
the Burr Unit discharges onto the land      originally designed and built to serve as   evaluated in the EIS, therefore, included
surface in both South Dakota and            a source of water for not only the          the outstanding concerns from the
Minnesota. These surface discharges         Northeast Phase Expansion but two           earlier 1992 EA, i.e., the environmental
occur as springs or seeps and create in     previous construction phases—the ESN/       effects on the area’s fens and Lake
some areas unique wetland features          LC Phase and the Yellow Medicine            Cochrane (herein referred to as surface
called patterned calcareous fens (fens).    Phase—and other areas within the            water resources (includes resources in
In addition, it has been concluded that     northern portions of LPRW’s service         both South Dakota and Minnesota))
one of the lakes in the area, Lake          area, it was determined that, because the   from groundwater appropriations at the
Cochrane, also receives a portion of its    activities of these construction phases     Burr Well Field, and the potential
water budget from groundwater               were so completely interrelated and         environment impacts from construction
contributions of the Burr Unit.             interdependent, separating the phases       of the Northeast Phase Expansion
   Fens in the study area are               into separate environmental impact          proposal.
characterized by a partially mineralized    analyses would not be in compliance            On February 23, 1998, the RUS
peat mass through which a groundwater       with the intent of NEPA. Therefore, it      announced the availability of the Draft
discharge occurs throughout the peat        was decided to include the                  EIS (DEIS) in the Federal Register (63
mass. This peat mass is referred to as a    environmental impact analyses for the       FR 8901) and local newspapers. The
fen dome and in most areas the domes        Northeast Phase Expansion proposal          DEIS was sent to interested parties and
are elevated 5–10 feet above the ground     into the EIS proposed for the ESN/LC        made available for public review at a
surface. Fens are listed as ‘‘Outstanding   phase project. The basis for this           number of locations throughout the area
Resource Value Waters’’ in Minnesota’s      decision, is stated in the Council on       in both Minnesota and South Dakota
Rules 7050 and are protected under the      Environmental Quality’s Procedures for      and was available over the Internet at
Minnesota Wetland Conservation Act of       Implementing the Procedural Provisions      RUS’ website (http://www.usda.gov/
1991 (Minn. Stat. 103G).                    of the NEPA, 40 CFR 1502.4(a), Major        rus/water/ees/eis.htm). Subsequent to a
   In processing LPRW’s application for     Federal Actions Requiring the               60-day public review period, RUS
the ESN/LC phase proposal, the Farmers      Preparation of Environmental Impact         sponsored a public meeting to solicit
Home Administration (FmHA) prepared         Statements, * * * ‘‘Proposals or parts of   additional comments from the public.
an Environmental Assessment (EA) on         proposals which are related to each         The public meeting was announced in
the proposal and published a Finding of     other closely enough to be, in effect, a    the Federal Register (63 FR 3461) on
No Significant Impact on February 7,        single course of action shall be            June 24, 1998, and local newspapers.
1992. Because of concerns raised            evaluated in a single impact statement.’’   The meeting was held on July 30, 1998,
regarding the Burr Well Field, the EA          The more in-depth environmental          in Canby, Minnesota.
was amended or supplemented by an           impact analyses and discussion of              In total, RUS received comments from
agency newly created by a 1993 USDA         alternatives presented in the EIS,          26 Federal and State agencies,
                                       Federal Register / Vol. 64, No. 191 / Monday, October 4, 1999 / Notices                                                                                                53663

Congressional representatives, public                                     responding individually and                                                 the same newspapers and website used
bodies, individuals, and environmental                                    collectively to these comments, RUS                                         throughout the EIS process.
interest and industry groups. The                                         announced the availability of the Final                                       A summary of the public’s comments
number of comments added up to 79                                         EIS (FEIS) on May 27, 1999, in the                                          received on the FEIS is included in the
pages. After reviewing, considering, and                                  Federal Register (64 FR 28796) and in                                       following table:

                                                                                                                                                                                                            Number of
                                       Commenter                                                                                               Affiliation                                                    pages

Minnesota Department of Natural Resources ..............................                            State Environmental Regulatory Agency .....................................                                    16

Minnesota Pollution Control Agency .............................................                    State Environmental Regulatory Agency .....................................                                     2
South Dakota Department of Environment and Natural Re-                                              State Environmental Regulatory Agency .....................................                                     2
  sources.

    Subtotal State Agencies ........................................................                3 ...................................................................................................          10
U.S. Environmental Protection Agency, Region 8 ........................                             Federal Environmental Regulatory Agency .................................                                      12


    Subtotal Federal Agencies .....................................................                 1 ...................................................................................................           2
East Dakota Water Development District .....................................                        Public Body ..................................................................................                  3

    Subtotal Public Bodies ...........................................................              1 ...................................................................................................           3
South Dakota Resource Coalition (includes comments submitted                                        Environmental Interest Group ......................................................                             7
  but not received during DEIS).
Minnesota Center for Environmental Advocacy ...........................                             Environmental Interest Group ......................................................                             3

     Subtotal Environmental Interest Groups ................................                        2 ...................................................................................................          10
Jim Thompson ...............................................................................        Citizen ..........................................................................................             14

Lyle Tobin, Representative of Lake Cochrane Improvement As-                                         Citizen ..........................................................................................              2
  sociation.
Shirley Holt ....................................................................................   Citizen ..........................................................................................              2
Clayton Holt ...................................................................................    Citizen ..........................................................................................              4

      Subtotal Private Citizens ........................................................            4 ...................................................................................................          12
   1 With    attachments.


   In summary, most comments were                                            Comments received on the FEIS can                                        circumvented RUS regulations with
generally supportive of RUS’s preferred                                   be summarized in general categories.                                        regard to the City of Marshall’s
alternative and its inclusion of a                                        These categories included concerns                                          eligibility to participate in RUS loan and
Contingency Plan into the proposed                                        related to:                                                                 grant programs; and
WRMP, however, some commenters                                               • A conflict of interest for RUS to
                                                                                                                                                         • RUS’s retraction of the DEIS’s
objected to RUS’s method of responding                                    prepare the EIS;
                                                                             • The use of engineering design,                                         requirement for LPRW to develop an
to public comments, that is, to respond
to comments directly without revising                                     operational, and monitoring data                                            agreement with the SDDENR to
the text of the DEIS. Some commenters                                     collected by LPRW’s engineering                                             formalize monitoring protocols and
asserted opposition to RUS’s                                              consulting firm;                                                            procedures in order to protect South
conclusions and others requested RUS                                         • The use of limited or incomplete                                       Dakota interests and natural resources.
prepare a supplemental EIS to address                                     data sets in drawing conclusions and                                           As required by NEPA, project
issues they felt had not been dealt with                                  that actions taken as a result of these                                     alternatives to meet the purpose and
adequately, such as the need to                                           conclusions will not ‘‘minimize or                                          need of the proposed action (including
supplement a Lake Cochrane water                                          eliminate’’ damage to the area’s surface                                    previous phases were considered; the
budget study previously developed by                                      water features;                                                             reasonable alternatives considered are
the South Dakota Department of                                               • LPRW’s relationship and water                                          summarized in the following table:
Environment and Natural Resources                                         supply contract with Marshal Municipal
(SDDENR).                                                                 Utilities in that this relationship

                           Alternative                                              Northeast phase expansion status                                                       Burr Well field status

Current Status (as of time of DEIS) ..................                     LPRW submitted application to RUS to fund                                  LPRW is authorized under their current Water
                                                                             construction of the Northeast Phase Expan-                                 Appropriation Permit to appropriate ground-
                                                                             sion.                                                                      water at the rate of 750 gpm/400 Mgpy.
                                                                                                                                                        LPRW submitted an application to the
                                                                                                                                                        MDNR to increase groundwater appropria-
                                                                                                                                                        tions 1,500 gpm/800 Mgpy.
Proposed Action .................................................          Fund the Northeast Phase Expansion .............                           Increase groundwater appropriations at the
                                                                                                                                                        Burr Well Field to 1,500 gpm/800 Mgpy.
Alternative 1 .......................................................      Fund the Northeast Phase Expansion .............                           Discontinue use of Burr Well Field.
Alternative 2 .......................................................      Fund the Northeast Phase Expansion .............                           Discontinue use of Burr Well Field. Supple-
                                                                                                                                                        ment water needs from other sources: Adja-
                                                                                                                                                        cent Rural Water Systems, Lewis and Clark
                                                                                                                                                        System, Altamont Aquifer, Canby Aquifer,
                                                                                                                                                        Other Aquifers.
53664                                 Federal Register / Vol. 64, No. 191 / Monday, October 4, 1999 / Notices

                          Alternative                                         Northeast phase expansion status                         Burr Well field status

Alternative 3 .......................................................   Fund the Northeast Phase Expansion .............   Maintain current appropriations at Burr Well
                                                                                                                             Field.
Alternative 4 .......................................................   Fund the Northeast Phase Expansion .............   Maintain current or reduce appropriations at
                                                                                                                             Burr Well Field.
                                                                                                                           Fund and construct new well field and Water
                                                                                                                             Treatment Plant in the Wood Lake area.
Alternative 5 .......................................................   Do not fund the Northeast Phase Expansion;         Maintain current appropriations at Burr Well
                                                                          Finance Point-of-Use systems in Northeast          Field.
                                                                          Phase Expansion area.
Alternative 6—No Action Alternative .................                   Do Not Fund the Northeast Phase Expansion.         Maintain current appropriations at Burr Well
                                                                                                                            Field.



   The factors RUS used to evaluate the                                 ecological integrity of affected                   aquifers in a configuration similar to
environmental, economic, and                                            resources. While this situation is                 that at the Burr Well Field or any other
technologic feasibilities of the                                        relatively clear, determining the                  configuration determined by the MDNR
alternatives evaluated in the EIS are                                   appropriate rate of groundwater                    as appropriate. Raw water from this well
outlined in the DEIS. These analyses                                    appropriations and each affected                   field could be transported to the Burr
were not fundamentally changed in                                       resources’ response to this pumping                Water Treatment Plant for treatment and
response to comments on the DEIS and,                                   while taking into account the inherent             distribution to LPRW customers.
subsequent to the public comments on                                    natural variation in environmental                    • RUS recommends that the MDNR
the FEIS, continue to be considered                                     factors can only be established within a           consider integrating the proposed Water
applicable and reasonable at the present                                reasonable level of certainty through              Resource Management Plan (WRMP)
time.                                                                   long-term monitoring. The outcome of               into the Burr Well Field’s Water
   Based on the monitoring data                                         any monitoring will be to allow                    Appropriation Permit.
collected to date and factoring in the                                  environmental regulatory officials to                 The WRMP listed in the last bullet is
inherent scientific uncertainties of                                    adapt to on-going conditions and set               the mitigation measure RUS will
drawing conclusions on limited data,                                    appropriation rates as conditions                  establish as a condition of approving
RUS still maintains that the proposed                                   warrant.                                           LPRW’s application for the Northeast
action poses unreasonable                                                  Given these conclusions and from the            Phase Expansion proposal. The basic
environmental risks to surface water                                    alternatives considered, RUS has                   premise behind the need to develop a
features in both South Dakota and                                       developed a preferred alternative that it          WRMP is that the Burr Unit is
Minnesota and that under drought                                        believes to be the most environmentally            hydraulically connected to the area’s
conditions it is likely that significant                                preferable alternative and helps support           surface water features and that under
adverse environmental impacts could                                     the overall goal of providing citizens             certain conditions and at a yet-to-be-
occur to these same resources. At the                                   with a safe, reliable source of potable            determined rate groundwater
same time, however, RUS still                                           water in an area that has historically             appropriations from the Burr Well Field
concludes that during and where                                         had water supply and quality problems.             have the potential to adversely impact
groundwater appropriations from the                                     RUS believes that this goal can be                 these resources.
Burr Unit were limited to the range                                     accomplished and at the same time                     The goal of the WRMP is to establish
between 400–525 gpm (with                                               minimize or avoid significant adverse              a mechanism for evaluating on an on-
corresponding annual appropriations)                                    environmental impacts while providing              going, real-time basis responses to
the data appears to indicate that no                                    for the ecological sustainability of the           surface water resources in both South
observable or significant adverse                                       area’s surface water features.                     Dakota and Minnesota from
environmental impacts have occurred.                                       The preferred alternative outlined in           groundwater appropriations at the Burr
   RUS, as previously stated in the DEIS                                the FEIS continues to be RUS’                      Well Field and to formalize through
and FEIS, fully acknowledges that the                                   preference and forms the basis for its             impact thresholds established by State
data record that has been compiled to                                   decision. The preferred alternative is as          regulatory officials an acceptable
the present has occurred during a                                       follows:                                           environmental risk and reasonable
sustained period of above normal                                           • Finance the Northeast Phase                   margin of safety to each State’s natural
precipitation and that until more data                                  Expansion.                                         resources. One of the purposes of the
has been collected the ability to                                          • Continue to maintain the Burr Well            WRMP will be to incorporate and
accurately predict the direct, indirect,                                Field as one of LPRW’s primary water               integrate into the Burr Well Field’s
and cumulative ecological responses to                                  sources. To minimize reductions in the             operations and permit conditions an
the area’s surface water features from                                  potentiometric surface, RUS supports               ‘‘adaptive environmental management
Burr Well Field appropriations is                                       limiting pumping rates from wells                  plan’’ whereby regulatory officials can
limited. It is reasonably certain and                                   developed in the Burr Unit aquifer to              continually assess ecologic responses in
foreseeable, however, that the                                          400–525 gpm with a corresponding                   surface water features and can make
magnitude and relative importance of                                    annual appropriation rate.                         appropriate modifications to
impacts to surface water features that                                     • At some future date, supplement               groundwater withdrawals in the Burr
could occur under specific conditions                                   existing wells at the Burr Well Field              Well Field’s permit.
can be predicted, i.e., sustained                                       with a new well field in an area south-               One of the public’s criticisms to the
pumping of the Burr Unit will reduce                                    southeast or north-northeast of the                FEIS was RUS’ removal of a requirement
the potentiometric surface in the Burr                                  current Burr Well Field or where                   that LPRW develop an agreement with
Unit reducing groundwater flow to                                       sufficient aquifer materials can be                the SDDENR to formalize monitoring
hydraulically connected resources thus                                  found. This new well field could utilize           procedures and protocols that would
potentially adversely affecting the                                     both the Burr Unit and Altamont                    evaluate the effects of groundwater
                       Federal Register / Vol. 64, No. 191 / Monday, October 4, 1999 / Notices                                53665

withdrawals at the Burr Well Field on          RUS will support, within the context      ACTION:Notice of Postponement of
South Dakota resources.                     and time frames of its loan approval         Preliminary Determination of
Notwithstanding a Minnesota and South       process, the planning and development        Countervailing Duty Investigation.
Dakota written commitment to work           of the WRMP by coordinating meetings
together on Burr Well Field permitting      between the above participants. As           EFFECTIVE DATE:   October 4, 1999.
issues and a continuing belief that the     stated previously, RUS shall not release
MDNR’s permitting procedures contain        project funding until LPRW successfully      FOR FURTHER INFORMATION CONTACT:
the appropriate statutory, regulatory,      completes the WRMP to RUS’s                  Tipten Troidl at (202) 482–1767 and
and administrative processes to             satisfaction. RUS will evaluate the          Eric B. Greynolds at (202) 482–6071,
officially incorporate South Dakota         technical sufficiency and acceptance of      Office of CVD/AD Enforcement VI,
officials (and citizens’) concerns at the   the WRMP primarily through                   Import Administration, International
Burr Well Field, RUS fully intends to       consultations with hydrogeologists at        Trade Administration, U.S. Department
encourage and invite SDDENR’s full          the USEPA, Region 8 and the other            of Commerce, 14th Street and
participation in the development of the     regulatory officials. The mechanism for      Constitution Avenue, N.W.,
WRMP.                                       this consultation with USEPA will be         Washington, D.C. 20230.
   As stated in the FEIS, the WRMP          provided for through RUS’s Cooperating       POSTPONEMENT OF PRELIMINARY
should formalize all procedures,            Agency Agreement with USEPA. RUS             DETERMINATION: On July 27, 1999,    the
protocols, and methodologies to monitor     will further condition the release of        Department initiated the countervailing
in a comprehensive fashion                  funds for the Northeast Phase Expansion      duty investigation of structural steel
groundwater appropriations at the Burr      area subject to LPRW being able to           beams from the Republic of Korea. See
Well Field and its effects on the surface   obtain the appropriate Water                 Notice of Initiation of Countervailing
water resources hydraulically connected     Appropriation Permit(s) from the             Duty Investigation: Structural Steel
to the Burr Unit in both South Dakota       MDNR.                                        Beams from the Republic of Korea, 64
and Minnesota. As a minimum, the               Through the WRMP, RUS hopes to            FR 42088 (August 3, 1999). The
following components shall be included      foster a cooperative working                 preliminary determination currently
in the WRMP:                                environment among all stakeholders to        must be issued by September 30, 1999.
   • Contingency Plan—the plan should
                                            the proposal. The overall goal of RUS’          On September 3, 1999 Northwestern
incorporate impact thresholds
                                            decision is to promote the wise use and      Steel & Wire Company, Nucor-Yamato
established by MDNR, SDDENR’s input,
                                            sustainability of natural resources,         Steel Company, and TXI-Chaparral
and outline what procedures LPRW will
                                            avoiding irreversibility in the ecological   Steel, Inc. (petitioners) made a timely
take in the event water appropriations
                                            integrity of those resources, and provide    request pursuant to 19 CFR 351.205(e)
from the Burr Unit are restricted.
   • Well Field Operation and               the area’s citizens with a safe, reliable    for a postponement of the preliminary
Management Plan—this plan should be         source of potable water. Even though         determination in accordance with
designed to minimize reductions in the      the EIS is a decision document, not a        section 703(c)(1) of the Tariff Act of
potentiometric surface in the Burr Unit     scientific research report, RUS believes     1930, as amended (the Act). Petitioners
during any specified time periods.          it has evaluated current and relevant        requested a postponement because of
   • Supplemental Well Field                data and is confident that given a           the complicated nature of the case, to
Exploration Plan—based on previous          cooperative attitude among                   allow petitioners adequate time to
geologic exploration efforts, this plan     stakeholders, significant adverse            analyze submitted responses, and to
should outline future exploration efforts   impacts to the environment can be            allow time for the Department to
and development activities, including       minimized or avoided through                 determine the extent to which particular
schedules, for a supplemental well field.   mitigation and adopting an adaptive          subsidies are being used.
   • Monitoring Plan—formalize              environmental management approach in
                                            monitoring groundwater appropriations           For reasons identified by petitioners,
monitoring well locations; establish                                                     we see no compelling reason not to
standard methodologies or procedures        at the Burr Well Field.
                                                                                         postpone the preliminary
for data management, i.e., collection,        Dated: September 16, 1999.                 determination. See Memorandum from
documentation, and information              Wally Beyer,                                 Bernard Carreau to Robert S. LaRussa,
sharing.                                                                                 dated September 15, 1999 (on file in the
                                            Administrator, Rural Utilities Service.
   Assuming LPRW continues to pursue                                                     public file of the Central Records Unit,
its request for financial assistance for    [FR Doc. 99–25721 Filed 10–1–99; 8:45 am]
                                                                                         Room B–099 of the Department of
the Northeast Phase Expansion and RUS       BILLING CODE 3410–15–P
                                                                                         Commerce). Therefore, we are
has funds available for and approves the                                                 postponing the preliminary
proposal, RUS will formally invite the                                                   determinations under section
following participants to contribute to                                                  703(c)(1)(A) of the Act. We will make
and assist in the development of the        DEPARTMENT OF COMMERCE
                                                                                         our preliminary determination in this
WRMP:                                                                                    investigation no later than December 6,
   • Lincoln-Pipestone Rural Water          International Trade Administration
   • Minnesota Department of Natural                                                     1999.
Resources                                   [C–580–842]                                     This notice of postponement is
   • South Dakota Department of                                                          published pursuant to section 703(c)(2)
Environment and Natural Resources           Structural Steel Beams From the              of the Act.
   • U.S. Environmental Protection          Republic of Korea; Postponement of             Dated: September 24, 1999.
Agency (USEPA), Region 8 (while             Preliminary Determination of
Minnesota is in USEPA Region 5,                                                          Bernard T. Carreau,
                                            Countervailing Duty Investigation
Region 8, in accordance with their                                                       Deputy Assistant Secretary for Import
Cooperating Agency Agreement with           AGENCY:  Import Administration,              Administration.
RUS, has agreed to serve in the lead role   International Trade Administration,          [FR Doc. 99–25618 Filed 10–1–99; 8:45 am]
for this project).                          Department of Commerce.                      BILLING CODE 3510–DS–P

						
Related docs