Final Environmental Impact Statement Volume II Appendix K, Part 2

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EPA -16 Cont.) Fk to v U EPA -17 COMMENTS OF U.S. ENVIRONMENTAL PROTECTION AGENCY goal of reducing irrigation depletion by at least 15 percent to be achieved over a specified time. • New water requirements should be based on compliance with the three state MOA of June 1994. • Allow this goal to develop new water to be achieved either by improved irrigation efficiency, conjunctive use of ground water or retirement of irrigation leases or other appropriate means as the districts shall devise. • Specify the cost limit for obtaining additional water and how this will be accomplished within the cost ceiling. (This should be based on cost efficiency to meet the water obligations developed under the three state MOA.) • A provision that specifies that such saved new water will be used only for release for instream flow purposes for fish and wildlife. Provisions that would define when this cannot be done due to lack of reservoir storage should be specified. • In order to expedite its implementation, the conservation plan should be filed with FERC no later than 3 years after issuance of the license rather then the 4 years currently suggested. EPA requests that it be provided the opportunity to comment to FERC on the conservation plan. 2. Compliance with section 404 of CWA regarding wetland restoration along the Platte River The final EIS needs to address the implications of implementing the proposed alternatives, including any supplemental measures, as it would affect the need for Central Nebraska Public Power and Irrigation (CNPPID) and NPPD to obtain authorization under section 404 of the Clean Water Act. EPA has previously requested that FERC modify the preferred alternative to conform with the 404(b)(1) Guidelines. Since the supplemental measures are an integral part of the implementation of whatever alternative is finally chosen, they must be examined with regard to 404(b)(1) Guidelines compliance. EPA requests that a detailed description of the supplemental measures, a separate 404(b)(1) analysis, and a specific mitigation plan be included in the final EIS to determine compliance with the CWA. In addition, FERC should request the U.S. Army Corps of Engineers (Corps) to serve as a cooperating agency for the final EIS, to ensure that both agencies meet their NEPA obligations for these measures in a consistent and efficient manner. 14 RESPONSES TO U.S. ENVIRONMENTAL PROTECTION AGENCY EPA -17 The U.S. Army Corps of Engineers indicates that a permit from the Corps is not required as part of the EIS. We do not see the need for the Corps to serve as a cooperating agency. Obtaining permits for each action is the responsibility of the Applicants. All necessary permits are applied for and evaluated on a case -by -case basis for each action. Section 4.1.1.4 has been modified to reflect the need for 404 (b)(1) permitting.