Final Environmental Impact Statement Volume II Appendix K, Part 2

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tip J EPA -1 EPA -2 COMMENTS OF U.S. ENVIRONMENTAL PROTECTION AGENCY ��CO Sl „fS ��/% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY �s�►It/ WASHINGTON. D.C. 20460 Lois D. Cashell, Secretary Federal Energy Regulatory Commission 825 North Capitol Street, NE Washington, D.C. 20426 Dear Ms. Cashell: RE: Review of Revised Draft Environmental Impact Statement (RDEIS), Kingsley Dam (FERC Project No. 1417) and North Platte /Keystone Diversion Dam (FERC Project No. 1835) Projects, Nebraska In accordance with its responsibilities under the National Environmental Policy Act (NEPA) and section 309 of the Clean Air Act, the Environmental Protection Agency (EPA) has reviewed the above - referenced RDEIS. Representatives from EPA Regions 7 and 8, as well as EPA Headquarters, participated in this review process. Based on its review, EPA believes that the implementation of the preferred alternative, the Modified Nebraska Plan, will result in adverse environmental impacts. Enclosure A provides more detailed comments. The range of alternatives in the RDEIS, while expanded beyond those originally proposed, does not allow the Commissioners or the public to examine alternatives that would more equitably allocate water among competing interests and the impacts of such allocation on users. The Electric Consumers Power Act requires the Federal Energy Regulatory Commission (FERC) to give equal consideration to both power and non -power goals such as water quality and fisheries in the licensing process. In addition, the Clean Water Act requires that beneficial uses of the waterway -- including aquatic resources be protected. Exceedences of temperature criteria identified in the RDEIS for the Big Bend Reach of the Platte River not only violate federally- approved water quality standards under the Clean Water Act (CWA), but also endanger aquatic resources and the terrestrial resources, including endangered species, that depend upon them. The environmental impacts resulting from implementation of the preferred alternative are of national importance because of the impacts to the Platte River, which is a regionally, nationally and internationally significant environmental wr..rrusnaMSae+ RESPONSES TO U.S. ENVIRONMENTAL PROTECTION AGENCY EPA -1 Position noted. EPA -2 The EIS includes alternatives that markedly improve instream aquatic conditions over both existing and historical conditions. No reasonable alternative can provide enough water to the central Platte River to avoid occasional exceedance of the temperature standard.