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" ;~~}~~; '.'.... (t~~t) ':J;- " ., \:\ ...-- OM.."5'';. n Public Scoping Comments, Gunnison River Contract, cont. 21. CREOA; p3,12. On page 3 of the public infonnation packet, it is stated that Reclamation is the lead agency for public infonnation and NEPA compliance. The National Park Service, BLM, and the Colorado Water. Conservation Board are designated joint-lead agencies. In the proposed contract (page II), it is stated that "NEPA compliance will be joint responsibility of Reclamation and the NPS." Which statement is correct? If the contract statement is correct, what is tbe status of BLM and CWCB? If the public information packet statement is correct, what is the distinction in relationship between Reclamation and the three other entities that would not be present if they were designated as cooperating agencies? How will this affect administration of the NEP A compliance process? 22. CREOA; p3,13. What is the status of the Western Area Power Administration? Why is it not even mentioned in the public information packet? Is there any reason why it should not be a joint-lead agency as well? Has it been intentionally excluded from this process? 21. CREOA; p3,13. What is the status of the Western Area Power Administration? Why is it not even mentioned in the public infonnation packet? Is there any reason why it should not be a joint-lead agency as well? Has it been intentionally excluded from this process? 6. CREtA; p3,14. On page 10 ';f the public infonnation packet, you discuss tbe 5-year study of the Aspinall Unit concerning endangered fish. You state that you will provide study flows during that 5- year study but do not indicate whether such study flows are within or without the normal operation pattern of the Aspinall Unit. What NEP A clearance do you intend to provide? 14a. CREOA; p3,14. On page 10 of the public infonnation packet, you discuss the 5-year study of the Aspinall Unit concerning endangered fish. You state that you will provide study flows during that 5- year study but do not indicate whether such study flows are within or without the normal operation pattern of the Aspinall Unit. What NEPA clearance do you intend to provide? 6. CREOA; p3,15. Reclamation does commit to NEPA compliance concerning any permanent changes in operations to the Aspinall Unit resulting from the final biological opinion at the conclusion of the 5- year study. However, you then talk about separate biological opinion for the contract without talking about NEPA compliance on that biological opinion. You also need to talk about combining the two biological opinions and the need to consider other species, especially the bald eagle, in any endangered' species analysis. From this discussion, it is impossible to determine what path you intend to follow in terms of compliance with the Endangered Species Act and the National Environmental Policy Act on these activities or wbat specific options for such compliance you are considering. CREOA; p4,12. When will you decide whether to combine the two biological opinions? When will you decide the range of speCies to be covered in each biological opinion? If these decisions are in the hands of the Fish and Wildlife Service, what specific plans have they for resolving the biological opinion portion of this process maze? 22. CREOA; p3,15. Reclamation does commit to NEPA compliance concerning any permanent changes in operations to the Aspinall Unit resulting from the final biological opinion at the conclusion of the 5- year study. However, you then lalk about separate biological opinion for the contract without talking about'NEPA compliance on that biological opinion. You also need to talk about combining the two biological opinions and the need to consider other species, especially the bald eagle, in any endangered species analysis, From this discussion, it is impossible to deterniine what path you intend to foHow in terms of compliance with the Endangered Species Act and the National Environmental Policy Act on these activities or what specific options for such compliance you are considering. . 41