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National Nuclear Security Administration; Emergency Activities Conducted at Los Alamos National Laboratory, Los Alamos County, New Mexico in Response to Major Disaster Conditions Associated With the Cerro Grande Fire
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 21, 2000 (Volume 65, Number 120)]
[Notices]
[Page 38522-38527]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn00-52]
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DEPARTMENT OF ENERGY
National Nuclear Security Administration; Emergency Activities
Conducted at Los Alamos National Laboratory, Los Alamos County, New
Mexico in Response to Major Disaster Conditions Associated With the
Cerro Grande Fire
AGENCY: Department of Energy.
ACTION: Notice of emergency action.
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SUMMARY: The U.S. Department of Energy (DOE) is issuing this notice of
emergency activities conducted at Los Alamos National Laboratory
(LANL), Los Alamos County, New Mexico, in response to the recent Cerro
Grande Fire. DOE's emergency response activities began with certain
preventive actions undertaken immediately before the wildfire entered
LANL boundaries in early May 2000, and include those actions taken
while the fire burned within LANL boundaries, as well as related
subsequent actions (as described below) that are ongoing since the fire
was contained and extinguished to address the extreme potential for
flooding damage.
About 7,500 acres of land administered by DOE at LANL burned during
the Cerro Grande Fire, while another 35,500 acres burned along the
mountain flanks above LANL and to the north of the site making this New
Mexico's most destructive fire in recorded history. With such large
areas of burned vegetation, including areas of bare ash along the steep
slopes and canyon sides above LANL, there is a very high risk for
flooding within the LANL facility and in residential communities
downstream all the way to the Rio Grande. About 36 percent of the
annual precipitation for the Los Alamos area falls in the form of rain,
primarily during intense thunderstorms that occur in July and August
each year, but which may occur as early as June and as late as in
October. The time period for the DOE's Cerro Grande Fire emergency
actions discussed in this Notice, therefore, extends through November
2000.
Flood control measures of temporary, semi-permanent, and permanent
natures must be taken immediately to prevent the potential loss of life
and property damage from this threat, and also to protect sensitive
cultural resources and potential habitat for Federally-listed
threatened and endangered species present within floodplain areas.
Moreover, there are 74 potential contaminant release sites (PRSs) and
two nuclear facilities at LANL that contain hazardous and radioactively
contaminated soils and materials that are vulnerable to flooding. The
PRSs and nuclear facilities have the potential to release contaminants
downstream. Some 10,000 residents live in communities located
downstream from LANL; lands of Pueblo de Cochiti lie to the south along
the Rio Grande, as does Cochiti Reservoir, which is a popular
recreation and fishing site. Until enough vegetation is established to
cover the hillsides and canyons to act as a deterrent to soil erosion
and flooding, the potential for flooding will exist for the next
several years to decades in some locations.
DOE would normally prepare an environmental impact statement
analyzing the actions described for public review and comment pursuant
to its National Environmental Policy Act (NEPA) implementing
regulations (10 CFR part 1021). However, due to the urgent nature of
the actions required to address the effects of the Cerro Grande Fire
and the potential for severe flooding impacts, DOE prepared this notice
regarding emergency actions pursuant to 10 CFR 1021.343. Because the
cumulative impacts of these actions are significant, DOE has consulted
with the Council on Environmental Quality about alternative
arrangements with regard to NEPA compliance for its emergency actions
pursuant to the Council NEPA regulation at 40 CFR 1506.11. Consistent
with those consultations, DOE will prepare a special environmental
analysis of known and potential impacts from wildfire and flood control
actions as the ``alternative arrangement'' contemplated by the Council
on Environmental Quality regulation. The special environmental analysis
is scheduled to be completed in September 2000 and will be available to
the public. DOE will continue to employ a variety of mechanisms, as
explained below, to facilitate public involvement. DOE will consider
public comments received on this Notice of Emergency Action and will
also consider public comments received on the special environmental
analysis in planning future mitigation actions. This compliance
strategy may be modified or altered as conditions warrant.
This notice also serves as the Public Notice and Statement of
Findings regarding DOE's intention to take action involving
construction and other actions within floodplains and wetlands pursuant
to DOE's regulations for Compliance with Floodplain/Wetlands
Environmental Review Requirements (10 CFR part 1022). As provided in 10
CFR 1022.18, and because there is an immediate need to take emergency
flood control and hazard reduction actions, DOE is waiving the public
review periods that would otherwise apply before DOE would take such
actions in a floodplain or wetland.
FOR FURTHER INFORMATION AND TO SUBMIT COMMENTS, CONTACT: For further
information on these activities or other information related to this
Notice, contact: Elizabeth Withers, NEPA Compliance Officer, U.S.
Department of Energy, Los Alamos Area Office, 528 35th Street, Los
Alamos, NM 87544, phone (505) 667-8690, fax (505) 665-4872.
For information on the DOE National Environmental Policy Act (NEPA)
process, contact: Carol M. Borgstrom, Director, Office of NEPA Policy
and Assistance (EH-42), U.S. Department of Energy, 1000 Independence
Avenue, SW, Washington, DC 20585, (202) 586-4600, or leave a message at
(800) 472-2756.
For more information regarding activities related to the Cerro
Grande Fire and the LANL Emergency Rehabilitation Team, including
relevant phone numbers, visit the LANL web site at www.lanl.gov.
SUPPLEMENTARY INFORMATION: On the evening of May 4, 2000, employees of
the Department of the Interior, National Park Service, Bandelier
National Monument, ignited a prescription burn within the boundaries of
Bandelier National Monument at a location identified as the Cerro
Grande. This fire was quickly pushed by winds outside the boundaries of
the prescription area and was declared by the National Park Service to
be a ``wildfire'' on May 5, 2000. The fire spread rapidly in a
generally northeastern/eastern direction
[[Page 38523]]
across land administered by the Department of Agriculture, Forest
Service, Santa Fe National Forest. Starting late on May 7, through May
8 and 9, while winds were somewhat moderate, shrubs and trees were cut
and back fires were ignited in an effort to hold the fire line at New
Mexico State Road 501, which is located at the northwestern side of
LANL. A very narrow strip of land a few hundred feet wide is present
within that back fire area that is administered by DOE as a part of
LANL property. The wind speed increased dramatically on May 10, 2000,
and spread sparks over a mile in advance of the wildfire fronts and
well beyond the established fire lines, igniting forested areas within
the heart of LANL and residential areas within the Los Alamos townsite
located nearby.
From May 10 until about May 17, the fire burned within LANL and the
townsite area before its spread was stopped and it was considered
contained. About 7,500 acres of land administered by DOE at LANL burned
during the Cerro Grande Fire; another 35,500 acres burned along the
mountain flanks above LANL and to the north of the site. Over 200
residential units occupied by over 400 families burned within the Los
Alamos townsite. This fire has consumed more forest acreage and
resulted in more property loss than any other fire in New Mexico's
recorded history. Small spot fires that periodically flare up, as well
as subsurface smoldering, continue to be extinguished within LANL's
boundaries and nearby.
During the efforts undertaken to contain and extinguish the fire
within LANL, various fire lines were created at several locations
within the LANL boundaries using hand tools and heavy machinery to
establish clearings; fire access roads were bladed or existing roads
were improved for use by heavy transport equipment and fire trucks;
trees were mechanically felled to protect exposed utility lines and
structures; small back fires were set in locations around LANL to
protect buildings and utilities; and water drops and fire-retardant
slurry drops were made over LANL from low flying helicopters and
airplanes.
After the fire was controlled and had been extinguished (except for
occasional flare ups and smoldering hot spots), DOE's planning for
stormwater runoff damage was initiated through a cooperative effort
with the U.S. Forest Service; the U.S. Army Corps of Engineers; the
Department of the Interior's National Park Service and Bureau of Indian
Affairs, Northern Pueblos Agency; Pueblo of San Ildefonso; Pueblo of
Santa Clara; Pueblo of Jemez; Pueblo de Cochiti; the State of New
Mexico's Department of Game and Fish and Department of the Environment;
the County of Los Alamos; and various other federal, state and local
government agencies and entities, including representatives of the
University of California (which currently manages and operates LANL
under contract to the DOE). This ongoing effort is coordinated and
facilitated by the U.S. Forest Service's Burned Area Emergency
Rehabilitation (BAER) Team, a multidisciplinary team of individuals
experienced in such planning exercises and in the implementation of
erosion and flood control measures.
About 36 percent of the annual precipitation for LANL falls in the
form of rain, primarily during intense thunderstorms occurring in July
and August of each year, though the rainy season may start as early as
June and extend through October. With large areas of burned vegetation,
including areas of bare ash along the steep slopes and canyon sides
above LANL, there is a very high risk for flooding within the LANL
facility and to area residential communities downstream all the way to
the Rio Grande. There are 74 potential contaminant release sites (PRSs)
and two nuclear facilities at LANL that contain hazardous and
radioactively contaminated soils and materials that are vulnerable to
flooding. These PRSs and nuclear facilities have the potential to
release contaminants downstream. Canyon stormwater discharge flow
measurements for a six-hour storm event time period at LANL typically
are in the range of about 35 to 590 cubic feet per second; post-fire
modeling estimates the canyon discharge flows (unmodified) to be in the
range of 90 to 2182 cubic feet per second for the same duration storm
events. Some canyons are expected to have even greater flow amounts
over some areas due to location specific site conditions after the
fire.
It is extremely important that erosion and flood control measures
be implemented immediately to protect lives and property from damage by
soil erosion and flooding, and also to protect sensitive cultural
resources and potential habitat for Federally-listed threatened and
endangered species present within floodplain areas. Some 10,000
residents live in communities located downstream from LANL; lands of
Pueblo de Cochiti lie to the south along the Rio Grande, as does
Cochiti Reservoir, which is a popular recreation and fishing site. The
planned flood control measures are of temporary, semi-permanent and
permanent natures. The potential for flooding will exist for the next
several years to decades in some locations until enough vegetation is
established to cover the hillsides and canyons to act as a sufficient
deterrent to the soil erosion and flooding threat.
The potential for a wildfire occurring at LANL and its subsequent
impacts was considered in the LANL Site-wide Environmental Impact
Statement (LANL Site-wide EIS) issued by DOE in February 1999. In that
analysis, a wildfire scenario was considered that was similar in
intensity and nature to the actual Cerro Grande Fire. The identified
impacts in that document that correlate with the real fire include the
actual path of the fire into the LANL facility and its consumption of
about 8,000 acres of forest; the burning over of identified potential
contaminant release sites and subsequent airborne contaminant fraction
(during and subsequent to the actual fire, however, air monitoring
stations did not detect and have not detected any contaminant releases
above the normal background levels of naturally occurring elements and
common substances associated with burning trees); the loss of
protective groundcover and subsequent increase in soil erosion and
flooding; the potential for movement downstream of contaminants in silt
and soil; adverse effects on wildlife and biological systems; and
adverse effects on cultural resources.
Various impact mitigations were identified through the LANL Site-
wide EIS analysis, including the need to remove vegetation and
combustibles around certain high risk buildings and structures around
LANL (this action was completed before the fire occurred); and
interagency efforts to reduce vegetation fuel loading within
neighboring lands administered by Bandelier National Monument, the
Santa Fe National Forest and DOE (the prescribed fire that ignited the
Cerro Grande Fire was a part of this LANL-area effort).
In late 1999, DOE notified LANL stakeholders, including local
pueblos and tribes, and various identified interested parties of its
intent to prepare an Environmental Assessment (EA) for a proposed
wildfire hazard reduction and forest health improvement management
program at LANL. This draft EA was scheduled to be released to the
stakeholders for review during the week of May 8, 2000. This proposed
long-term management program would allow DOE to thin forest vegetation
to an appropriate level and then maintain it at that level in the long
term to accomplish both the reduction of wildfire hazards and to
improve the overall health of the forest resources at LANL. This
[[Page 38524]]
management program still has merit and changes are therefore now being
made to the draft EA to reflect the changed environmental conditions
since the Cerro Grande Fire. This EA will not analyze the environmental
impacts resulting from actions discussed in this Notice of Emergency
Action. The draft EA is now scheduled to be issued for review and
comment at the end of June 2000.
Emergency Actions To Address Cerro Grande Fire Impacts
The following paragraphs list the activities undertaken by DOE
during the Cerro Grande Fire, assessment activities taken immediately
thereafter, and actions that have been initiated and which will be
completed over about the next five months to address the adverse
impacts of the fire and subsequent potential erosion and flooding.
These measures have been designed to protect the various natural and
cultural resources at LANL, as well as the LANL structures, operations,
infrastructure, and employee population, and to protect the citizens
and their properties within the communities of White Rock, Pueblo of
San Ildefonso, and Pueblo de Cochiti located downstream of LANL, and,
finally, to protect the water quality of the Rio Grande and nearby
Cochiti Reservoir.
I. Fire Suppression Response Activities Conducted on DOE-
Administered Lands
Routine operations at LANL were suspended from May 8, 2000 until
May 23, 2000, when non-emergency response employees were allowed to
return. The restriction to low-flying aircraft over the LANL reserve
was rescinded to allow fire fighting measures from the air to be
undertaken most advantageously. Non-DOE fire response personnel were
permitted access to DOE-administered lands to suppress fire and protect
property. DOE-controlled roads were closed to public use for more than
two weeks. Fire breaks and fire access roads were bladed at several
LANL locations using heavy equipment and by hand-held tools. Tree
cutting ahead of the fire was performed around buildings, utility lines
and infrastructure locations. Back-burn fires were set ahead of the
main fire and around buildings and utilities to help suppress the fire.
A temporary water supply station (a ``pumpkin tank'') to supply water
for water-tanker helicopters was brought in and used during the fire
suppression stage. Frequent helicopter over-flights to deliver water
onto the fire during the daytime hours were made. Single nighttime
over-flights by airplane to assess fire size using infrared imagery
were employed. DOE and New Mexico Environment Department environmental
sampling stations were set up to monitor smoke, ash, and contaminants.
II. Immediate Follow-on Response and Stabilization Activities on
DOE-Administered Lands, Including Preliminary Assessment of
Environmental Damage From Fire and Potential Erosion and Flooding
Field surveys were conducted on-foot and by helicopter and airplane
as soon as possible after fire suppression to determine the extent of
fire damage to LANL facilities and forest resources, post-fire
condition of soils and vegetation, potential for stormwater runoff,
presence of threatened or endangered species and other wildlife, and
cultural resources damages. The following actions were identified as
needing to be undertaken to control potential erosion and abate
flooding risks. Steps to conduct these activities are already underway,
and it is expected that these actions will be completed over the next
five months.
Environmental Monitoring Stations
Damaged air and surface water monitoring stations are being
repaired or replaced. Groundwater monitoring wells are being protected
from potential floods. Rain and stream flow gauges are being installed
as needed to monitor for flood conditions.
Contaminant monitoring of key watersheds for sediment transport,
surface water flow, alluvial water, and ash flow, are being continued
and will be expanded as necessary, as will air monitoring and
groundwater monitoring stations outside LANL within surrounding
community areas.
Potential Release Sites or PRS (Resource Conservation and Recovery Act
regulated sites) and Potential Contamination Issue Areas
The condition of any known PRS potentially affected by the fire or
related flooding actions are being identified and assessed. Actions are
on-going to stabilize damaged sites or treat, remove, and dispose of
contaminants, if prudent.
Potential contamination issue areas, such as canyon bottoms, are
being assessed. Excavation and removal of potentially contaminated
soils or sediments may be required.
Cultural Resources
The number and extent of damage to cultural resources and historic
properties at LANL are being determined and documented. Protection or
stabilization of damaged or vulnerable sites is being conducted if
required. The LANL burned areas include at least 430 known
archeological sites, an unknown amount of traditional cultural
properties, several historic homesteader cabins, and several Manhattan
Project buildings and structures. The Advisory Council on Historic
Preservation, New Mexico State Historic Preservation Officer, the
Governors of the Pueblo de Cochiti, Pueblo of Jemez, Pueblo of Santa
Clara and Pueblo of San Ildefonso, and the President of the Mescalero
Apache Tribe were notified in accordance with the Emergency Situation
procedures contained in the implementing regulations of section 106 of
the National Historic Preservation Act of 1966 as amended (36 CFR
800.12) and invited to comment on DOE's anticipated erosion and flood
control measures and cultural and historic property treatments. No
comments were received. An assessment of the detailed effects of the
fire on cultural resources will be compiled and provided to these
stakeholders. Members of the Advisory Council on Historic Preservation
visited LANL on June 14, 2000.
Threatened and Endangered Species
A determination of fire and any post-flooding effects on nesting
Mexican spotted owls and their habitat is being made through field
visits. Similar effects on Southwestern willow flycatcher and bald
eagle habitat are also being determined. Emergency consultation with
the U.S. Fish and Wildlife Service was initiated by DOE as required
under section 7 of the Endangered Species Act and the Department of the
Interior and Department of Commerce interagency cooperation regulations
(50 CFR 402.05). The consultation was conducted as a cooperative effort
with the Department of Agriculture, Santa Fe National Forest;
Department of the Interior, Bandelier National Monument, and the Bureau
of Indian Affairs, Santa Clara Pueblo Tribal Counsel. DOE determined
that emergency actions taken at LANL to suppress the fire and those
emergency actions already taken and to be taken as flood control
measures may affect, but are not likely to adversely affect,
individuals of Federally-listed threatened or endangered species or
their potential critical habitat. To date, U.S. Fish and Wildlife
Service staff have expressed oral concurrence with that determination,
and they are expected to provide written concurrence soon. Staff of the
New Mexico Ecological Services Field Office, U.S. Fish and Wildlife
Service, visited LANL on June 13, 2000.
[[Page 38525]]
Utilities and Infrastructure
Routine LANL mission operations are being re-initiated using a
phased start-up approach, including replacement of various filters,
monitors, alarms, cables, and other facility health and safety
features; cleaning of all buildings and structures; and replacement of
equipment and furnishings, such as computers and carpets, damaged by
fire or smoke.
Damage to buildings and structures are being repaired, including
repair to roofs, walls, doors and windows.
DOE-controlled roads are being reopened to public access; hazardous
trees along these roads and in other occupied areas at LANL are being
cut and removed from the site; hazard signs are being installed in
potential flood-prone areas; hiking and running trails and paths are
being repaired or closed to public use.
Damaged utility, security, and communication lines, poles,
transformers, and other related structures will be repaired or
replaced, and new lines and systems or equipment such as emergency
generators are being installed where needed to provide a redundancy of
service to vulnerable or critical areas.
Damaged road surfaces, guard rails, temporary structures, small
storage structures or facility equipment and automobiles/trucks are
being repaired or replaced.
New fire-breaks and fire access roads have been bladed and existing
breaks and roads are being repaired or restored.
Helicopters and ground fire-fighting equipment are being used at
LANL to fight hotspots; and helicopters are being used to deliver
supplies into difficult to reach forested hillside areas. Upon total
fire suppression and completion of forest rehabilitation activities,
the LANL fly-over restriction by low flying aircraft will be
reinstated.
The potential for flooding from rain and stormwater runoff is being
assessed. Types of actions to be taken to mitigate these potential
effects include the redirection or reduction of water flow using comb
and contour tree felling; hill-side raking, localized terracing or
contour trenching; installation and use of mulching material by hand or
machinery (including hydro-mulching measures), silt fences, straw bale
and straw wattles, sandbags, log erosion barriers, concrete barriers,
earthen berms, pre-fabricated debris catchers, culverts, sediment
traps, dams, catchment and overflow basins, and the installation of
other temporary or long-term flood and erosion devices and use of other
control techniques. These actions that are on-going to prevent life-
threatening flooding to downstream communities may involve the use of
hand-held tools (such as rakes for hillside terracing) or heavy
machinery (such as in the case of creating earthen berms and dams) and
may involve large acreages.
Miscellaneous Hazard Reduction Actions
Mechanical means, such as hand-held tools and small machinery, are
being used to break-up hydrophobic soils and stabilize soils. Steep
slope areas have been seeded using hand methods and small airplanes.
Both un-contaminated and contaminated wastes resulting from the
fire are being removed and disposed of as appropriate, including
removal of asbestos and lead paint as needed.
Some unpaved facility access roads are being re-graded and repaired
as needed.
Culverts are being evaluated, cleaned, replaced or enlarged as
needed and existing rock gabions (usually formed of wire mesh forms
containing rocks or boulders) are being upgraded and repaired, and new
ones installed as needed; any potential water flow impediments are
being removed as necessary (such as pedestrian foot bridges in some
stream-bed locations).
Emergency community alert alarm systems and remote automated
weather stations are being installed near roadways or where needed.
Water storage tanks and pipes at LANL are being drained and
flushed, including waste treatment lines, as needed.
Stormwater runoff from Pajarito Canyon may be diverted into Water
Canyon as determined necessary to protect White Rock residents and LANL
facilities. This may involve the cutting of trenches or similar devices
into areas that are presently undisturbed.
Planning for the possible temporary relocation of hazardous
materials, special nuclear material and related operations within LANL
is being conducted and any removal of such materials and operations
deemed necessary is being undertaken using appropriate packaging and
transportation methods. Receiving facilities will be compatible with
the materials and operations removed there or will undergo appropriate
modification to enable them to function appropriately.
Planning for the possible relocation of employees out of vulnerable
facilities will be conducted; some relocation of employees into
temporary quarters, as deemed necessary, is on-ongoing. This may
involve the placement of trailers or similar structures within already
developed areas where utilities are available, or the leasing of
available off-site office facilities, or similar actions.
Damaged, dying, or dead trees near structures, buildings, drainages
and roads are being cut and removed along with trees cut during fire
suppression efforts. These trees are being felled in place to perform
erosion control.
Other Miscellaneous Recovery Actions
A permit(s) for the use of DOE-administered land will be issued to
private parties and/or local government entities for community recovery
efforts and measures, including staging of equipment, building
materials, temporary housing units (such as mobile homes and trailers),
temporary storage facilities, and similar actions, and the use of some
land tracts (such as the DP Road Tract and the White Rock Tract) for up
to three years for temporary residences. It is possible that up to 200
temporary housing units would be installed on DOE-managed land, which
would be occupied by about 500 persons. The permitted parties could
install permanent and temporary utility infrastructure as well as other
infrastructure such as roads and sidewalks.
The effects of reseeding and revegetation efforts, as well as other
hazard reduction actions, will be monitored annually for at least the
next five years. Repair, replacement or repetition of these actions
will be undertaken as needed. Assessments and reevaluations of
management plans for various natural and cultural resources within LANL
will be undertaken and implemented as appropriate.
Environmental Impacts
These listed actions have resulted, or will result, in localized
and general environmental impacts that range from beneficial to
significantly adverse. The following qualitative discussions briefly
identify anticipated impacts that are or could be associated with these
actions.
Fire suppression response activities undertaken while the fire
front raged through LANL property likely resulted in relatively minor
impacts that were environmentally beneficial from the standpoint of
reducing fire intensity and severity and suppressing the fire. The
suspension of routine operations at LANL, and the closing of roads to
public use, during the fire significantly reduced the potential for
employee and public health risks and enhanced the ability of the Los
Alamos townsite and White Rock to be evacuated quickly, thereby aiding
in the overall protection
[[Page 38526]]
of human life for the residents of the local communities.
During the fire DOE allowed aircraft to fly over LANL lands and
allowed fire fighters to enter the facility and engage in fire
suppression activities. These actions may have had localized adverse
environmental effects including the impacts of water dropping from a
height onto exposed soil, vegetation and possibly onto cultural
resources; soil disturbance, tree damage, and cultural resource damage
may have resulted. Fire retardant slurry was also dropped from
aircraft; the slurry is typically a fertilizer compound that actually
aids in the establishment of plants during the recovery period after a
fire while, like the water drops, it acted as a retardant to fire
spread.
The blading of firebreaks and access roads, while being a means for
firefighters to stop the spread of the fire, resulted in adverse
impacts from the removal of swaths of vegetation. The removal of this
vegetation has resulted in additional disturbed acreage vulnerable to
erosion and that is unpleasant in appearance. The acreage involved at
LANL has not yet been calculated. It is known that about 40 miles of
fuel break line was created using heavy machinery and about 15 miles of
fuel break line were created by the use of hand tools around the fire
fronts, with about 17 miles of line created both by hand means and
using heavy machinery being within the LANL boundaries. The width of
these lines varied depending on site conditions and suppression needs.
Tree cutting in front of the fire line decreased the amount of
vegetation and habitat for small animals and birds, while at the same
time helping to control the spread of the fire and thereby protecting
infrastructure and buildings from loss or damage. Back fires set
intentionally to suppress the wildfire had similar impacts.
The installation and use of a temporary water supply station had
minimal environmental effects and helped the firefighters to extinguish
the fire and protect property. Over-flights for the purpose of using
infrared imagery to access the fire progress resulted in minimal
effects and aided firefighters in determining the best locations from
which to fight the fire and stage equipment. The installation and use
of portable air monitors resulted in minimal environmental effects and
provided valuable information.
The post-fire actions, both on-going and to be undertaken in the
near term, are more likely to result in major adverse impacts, and will
be discussed herein in terms of the bounding significant adverse
impacts for which an environmental impact statement would normally have
been prepared. Lesser impacts (not likely to be of individually
significant nature) would be expected for those activities not
specifically identified. The actions most likely to result in
significant adverse impacts include the actions taken to remove
potential release site legacy environmental contaminants (either in the
soil and silt, or buried beneath a soil covering) if this removal
involves a large spatial area, and especially if it involves the
removal of contamination located within a canyon bottom area within the
floodplain. (This would likely result in the removal of additional
vegetation and create additional potential for soil erosion; however,
it would also decrease the potential for movement downstream of
contaminants and the increased spreading out of the contaminant
materials.)
Other actions involving significant adverse impacts include the
installation of flooding control and hazard reduction structures such
as several large earthen berms, dams, sediment traps, and catchment and
overflow basins. These would be installed using heavy equipment within
floodplain areas and would likely involve the permanent removal of
vegetation and soil and possibly substrate removal over tens of acres
for each structure; and the local drainage pattern and ecology of each
site will be altered. In addition, the potential diversion of
stormwater from Pajarito Canyon into Water Canyon (or another canyon)
would involve either trenching through tens of feet of rock material
comprising the mesa that lies between the two canyons or the tunneling
through the mesa to form a subsurface passageway for the water. Impacts
would include the use of heavy machinery, trucks, and drilling
equipment; the removal and disposal of tons of soil and rock material,
part of which potentially could be used elsewhere on site for erosion
control and the removal of vegetation and destruction of habitat.
The subsequent diversion of water from one canyon system into
another would affect the ecology of both canyons, as well as increase
the erosion in Water Canyon (or another similar canyon), including
possible scouring and vegetation destruction. Contaminants could move
downstream, potentially into the Rio Grande, though these would be
expected to be small quantities that may not be readily detectable and
would not be expected to result in adverse health effects.
This list of DOE actions is not intended to be all-inclusive. As
the assessment of fire effects continues and as the summer rainy season
develops, various restoration, flood control and hazard reduction
measures may be found to be inadequate or in need of replacement or
reinforcement. The list of actions may accordingly be expanded or
modified to meet additional needs for repair, replacement,
modifications or additional activities.
Most of the actions taken by DOE will result in minor environmental
effects similar to those actions conducted by neighboring government
agencies (including federal agencies, the pueblos, the State of New
Mexico, and local county governments) and private land owners in
response to the Cerro Grande Fire and to protect the lives of area
residents and workers and the real property located along the path of
the fire and within downstream areas. The actions being taken on
neighboring lands are limited in nature to those with individually and
cumulatively insignificant effects due to extreme site topographical
constraints and conditions, together with an implementation time
deadline of July 1, 2000. Some of DOE's actions will result in
individually significant impacts to the human environment. Further
more, the sum of DOE's actions, when considered in conjunction with
other actions conducted on neighboring lands, will have cumulatively
significant impacts. The overall effects of these cumulative impacts
will be positive if the risk of flooding is sufficiently lessened to
achieve the desired results, and neutral or adverse if the risk of
flooding remains unchanged. It is likely that overall water quality
will be slightly adversely affected farther away from the burned areas.
By the time the water enters the upper end of Cochiti Reservoir the
water quality should be sufficiently good so that no adverse effects
may be expected. The nearer to the burned areas one comes, the surface
water will become of increasingly poorer quality due to fine particle
suspension of ash material and silt, and the transport of larger pieces
of charcoal and logs. There are no plans to use surface water to
furnish individuals or communities with potable water within the area
of concern, however, so potable supplies will not be adversely
affected. Some use of the Rio Grande for irrigation, however, may
result in slightly adverse effects, or, depending upon the
concentration of nutrients, the surface water may have slight positive
effects on crops. Contaminants that preferentially adhere to charcoal,
or to silt, may move down stream into the Rio Grande and through the
Cochiti
[[Page 38527]]
Reservoir, but due to dilution may not be readily detectable and are
not expected to be harmful to the environment or to human health.
If there is flooding, the overall removal of many tons of topsoil
over the burn area will be an adverse irreversible effect. The
cumulative impact to vegetation, cultural resources, sensitive or
threatened and endangered species, wildlife, infrastructure and
utilities, recreational use resources, socioeconomic resources,
environmental justice issues, and visual resources effects would be
significantly adverse if severe flooding were to occur. And the loss of
human life due to flooding would be an unacceptable, irreplaceable, and
irreversible adverse impact.
Mitigations
Mitigation actions that have been and will continue to be employed
when undertaking the flood control, hazard reduction and various
recovery actions include: use of certified seed mixes to reduce the
potential for the introduction of non-native plant species; use of
standard dust suppression means, such as water sprays on construction
sites; avoidance of cultural resource sites (trained archeologists are
on-site during earth moving activities near known cultural resource
sites to help avoid any adverse effects); avoidance of potential
habitat areas for Federally-listed threatened and endangered species
(trained biologists are on-site during earth moving activities near
potential sensitive habitat areas to help avoid any adverse effects);
avoidance of PRSs during earth moving activities (unless specifically
associated with the planned removal, protection or stabilization of
these sites); and the use of best management industry practices when
engaged in construction actions.
DOE will continue to monitor the effectiveness and the
environmental effects of the emergency actions that it is undertaking
and will make appropriate modifications during implementation to
mitigate adverse effects.
Compliance Actions
Pursuant to Council on Environmental Quality regulations
implementing NEPA under emergency circumstances (40 CFR 1506.11) and
DOE's own NEPA implementing regulations (10 CFR 1021.343), DOE has
consulted with the Council regarding alternative NEPA compliance
arrangements for emergency actions having significant environmental
impacts. Because of the urgent need to take action, without delay, to
employ flood control and hazard reduction measures before the annual
rainy season begins, DOE, consistent with Council on Environmental
Quality consultations, will prepare a special environmental analysis of
impacts from the emergency fire suppression and the flood control
actions taken by DOE. DOE is scheduled to issue the special
environmental analysis in September 2000 to LANL stakeholders,
including pueblos and tribes, and make it otherwise publicly available
through the Internet and in DOE and LANL reading rooms and local public
libraries in the following New Mexico communities, towns and cities:
Los Alamos, Santa Fe, Espanola, and Albuquerque. The availability of
the document will be published in local area newspapers. All subsequent
or other actions undertaken by DOE will be subject to NEPA under the
normal compliance process.
This notice also serves as the Public Notice and Statement of
Findings regarding DOE's intention to take action involving
construction and other actions within floodplains and wetlands pursuant
to DOE's regulations for Compliance with Floodplain/Wetlands
Environmental Review Requirements (10 CFR part 1022). As provided in 10
CFR 1022.18, and because there is an immediate need to take emergency
flood control and hazard reduction actions, DOE is waiving the public
review periods that would otherwise apply before DOE would take such
actions in a floodplain or wetland.
Public Involvement
DOE will continue to participate in public outreach efforts,
including those sponsored by DOE and those coordinated by the BAER
Team. Two public meetings have been held at which technical specialists
discussed issues of concern with the public, and additional meetings
are anticipated as the emergency response actions continue. DOE will
continue to employ a variety of mechanisms, including Web sites, press
releases, information telephone line, and informal consultations with
stakeholders, to facilitate public involvement. A Public Advisory Group
is being established that will focus specifically on communications
issues as they relate to potential runoff and flood mitigation
activities.
The BAER Team has provided information to the public and
opportunities for public involvement through several mechanisms
including, the establishment of a Web site (www.baerteam.org), regular
press releases, an information line (505-603-8942), and individual
contacts with members of the public. DOE will continue to coordinate
its fire recovery and flood control actions with the interagency team
and other stakeholders, and will continue to participate in public
meetings.
The public is invited to provide comments on this notice to
Elizabeth Withers, NEPA Compliance Officer, at U.S. Department of
Energy, Los Alamos Area Office, 528 35th Street, Los Alamos, NM 87544,
phone (505) 667-8690 or fax (505) 665-4872. Comments would be
considered in developing the special environmental analysis on the
emergency actions that have been and are being undertaken.
DOE's emergency action plans will be modified, as appropriate, in
response to new information and changing conditions. Monitoring results
of the effectiveness and the environmental effects of the emergency
actions will be made available to the public. DOE will consider any
comments, to the extent practicable, in pursuing adaptive mitigation
measures. DOE welcomes comments at any time and will address them to
the extent practicable.
Requests for a copy of the special environmental analysis, when
available, may be directed to Elizabeth Withers (see above). Copies
will also be available on the DOE NEPA Web at http://tis.eh.doe.gov/
nepa/. The analysis will be made available to the public and DOE will
consider comments received in pursuing adaptive mitigation measures.
Issued at Washington, DC, June 16, 2000.
Henry K. Garson,
NEPA Compliance Officer, Office of the Assistant Administrator for
Defense Programs.
[FR Doc. 00-15797 Filed 6-19-00; 1:04 pm]
BILLING CODE 6450-01-P