7500_zero_code Page 1 of 36 FOREST SERVICE MANUAL DENVER, CO FSM 7500 - WATER STORAGE AND TRANSMISSION R2 Supplement No. 7500-92-3 Effective February 1, 1993 POSTING NOTICE. Supplements to this title are numbered consecutively. Post by document name. Remove entire document and replace with this supplement. Retain this transmittal as the first page of this document. The last supplement to this Manual was Supplement 7500-92-2 to 7560. Page Code 7503.12--1 through 7503.12--40 Superseded Sheets 21 Supplements Covered R2 Supplement 10, 04/75 R2 Supplement 22, 05/86 Document Name 7500 Zero Code Digest: Converts to electronic format. ELIZABETH ESTILL Regional Forester Superseded New (Number of Pages) 34 R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 2 of 36 TITLE 7500 - WATER STORAGE AND TRANSMISSION 7503.12 - Special-Use Projects and Other Projects. 2. Coordination Inside Department of Agriculture. UNITED STATES DEPARTMENT OF AGRICULTURE MEMORANDUM OF UNDERSTANDING Between U.S. FOREST SERVICE and SOIL CONSERVATION SERVICE RE: Planning and Installation of Water Storage and Transmission Projects on Land Administered by the U.S. Forest Service in the State of Colorado. PURPOSE The purpose of this memorandum of understanding is to provide liaison, coordination and procedure between the Soil Conservation Service (SCS) and the Forest Service (FS) in Colorado when the SCS is involved in projects of construction, repair of rehabilitation of water storage or water transmission facilities on lands administered by the U.S. Forest Service in Colorado. This memorandum applies to all programs administered by the SCS in Colorado and is separated into two sections where procedures for projects covered under Public Law 566, RC&D projects and projects covered as C01 (PL 46) projects differ. (Ref. Forest Service Manual (FSM) 7503.12, item 2) A. GENERAL RESPONSIBILITIES 1. The Soil Conservation Service has technical responsibility for the design and construction of dams and other structures to be built under certain programs administered by the Agricultural Stabilization and Conservation Service (ASCS) and SCS in cooperation with Conservation Districts. Water storage and transmission projects which will occupy National Forest System lands must satisfy certain Forest Service requirements. The State Conservationist of the SCS has full responsibility for seeing that SCS procedures established herein are carried out. 2. In all programs of both Services, which involve mutual interests, it is imperative that each agency inform the other at the very inception of a potential project so that joint progress can be maintained. The Soil Conservation Service (SCS) will discuss with the Forest Service all potential projects they believe to be feasible, involving National Forest land, before they are presented or suggested to any local users or groups for consideration. Communications between agencies may take place as follows: R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 3 of 36 Forest Service Soil Conservation Service Regional Forester-----------------------State Conservationist Director of Engineering-----------------State Conservation Engineer Forest Supervisor-----------------------Area Conservationist Forest Engineer-------------------------Area Engineer District Ranger-------------------------District Conservationist (DC) Intra-agency notification shall be in accordance with policies of each Service. When local sponsoring organizations propose projects under certain programs administered by the ASCS, and/or SCS, or Forest Service that are of mutual concern, each Service for its sphere of influence, will jointly assist in developing the projects application. The Forest Service shall be notified and invited to participate in all such activities upon or affecting National Forest System lands. The Soil Conservation Service will be notified and invited to participate in all such activities that may involve both National Forest and private land. In those programs where one agency has leadership, the other Service will be kept informed and invited to participate in (1) public information meetings, (2) meetings with Sponsors, (3) environmental meetings, (4) investigations, and (5) planning of the project. Environmental evaluation will begin as soon as probable areas affected by the project proposal can be identified. The District Ranger will furnish a copy of the Forest Service position statement or Phase I Environmental Analysis Report (EAR) to the District Conservationist. This will be incorporated into the SCS environmental assessment and, later, the environmental statement if required. 3. The Forest Service has full responsibility for establishing minimum requirements as standards to protect Forest features for dams and other water transmission projects to be constructed, reconstructed and maintained on lands within the National Forests. Its operations are conducted under the guidelines and principle of the Multiple Use Sustained Yield Act of June 12, 1960, PL-86517; and the Environmental Policy Act of 1969. Therefore, careful consideration must be given to the relationship of the proposed project to all aspects of the management of forest resources. It is the responsibility of the Forest Service to explain these guidelines and principles to the Sponsors as they affect the project. 4. PL 566 Projects - The Forest Service has responsibility for approving project locations, which must be authorized by special use permit or other instrument. The Sponsors thus assume all the responsibilities of the authorizing instrument. The Forest Service may request that plans and specifications be submitted to them for review. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 4 of 36 5. RC&D and C01 Projects - The Forest Service has responsibility for approving project locations and review and approval of detailed plans and specifications, It must authorize the use by special use permit or other instrument. It must authorize the use by special use permit or other instrument. The Sponsor thus assumes all the responsibilities of the authorizing instrument. B. GENERAL PROCEDURE Procedures outlined in this memorandum supplement SCS Engineering Memorandum 47 (Rev.) and TITLE 7500 of the Forest Service Manual (FSM). The following procedure will be used by SCS and FS personnel for the projects herein concerned: 1. PL 566 Projects a. The SCS will responsible for meeting the requirements of the National Environmental policy Act (NEPA) pursuant to PL 91-190. b. Forest Service engineering review and certification of design is not required unless specifically requested by the Forest Service. c. The SCS will keep the Forest Service informed of projects which affect National Forest lands. d. PL 566 projects will follow the requirements of the law, the SCS Watershed Planning Handbook, and in general, the procedures described herein. 2. RC&D and CO1 Projects and ASCS Projects Having Plans and Specifications Prepared by the SCS. a. The Forest Service will be responsible for meeting requirements of NEPA pursuant to PL 91-190 as the project affects NationalForest lands. b. Forest Service engineering review and certification of design is required. c. The SCS will keep the Forest Service informed of projects which affect National Forest lands. d. As soon as a project concept has been developed, a project proposal meeting will be arranged by the SCS at which the general scope and involvement of the project will be explained to the Sponsor by FS and SCS personnel. e. The Sponsor must make application to the Forest Service for a special use permit for the proposed project. A "statement of need" (FSM 2712, R-2 Supplement No. 54) should accompany the special use application and should be a concise basic statement as to why the applicant needs the project and R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 5 of 36 the benefits to be derived from the project. Exhibit A illustrates a typical statement of need. f. The District Ranger will prepare a Phase I Environmental Analysis Report (EAR) and will make recommendations to the Forest Supervisor regarding the suitability of the project, the tentative hazard classification for dams, and future planning and development criteria. the Phase I Environmental Analysis Report will serve as the basis for tentative approval or disapproval of the project. g. The Forest service will notify the Sponsor in writing, as to the general acceptability of the proposed project. If acceptable, the Forest Service will issue a special use permit for site survey and investigation. h. When the Sponsor is notified that the project concept is approved, the District Conservationist (DC) will arrange a meeting between the Sponsor, the Forest Service, the Colorado Game and Fish Department and the Soil Conservation Service (the District Ranger, a staff engineer from the FS Supervisor's Office, and an SCS engineer assigned to the project by the Area Conservationist or appropriate members of the Watershed Planning Party of SCS will normally attend). Discussions will include: (1) required approvals; (2) time requirements; (3) tentative hazard classification of dams; (4) access to the project; (5) general requirements concerning conservation pool size and maximum and minimum discharge releases; (7) spillway, outlet works, and other installations requiring erosion control measures; (8) responsibilities of the Sponsor as set forth in the District Ranger's multiple use management plan and Phase I Environmental Analysis Report; (9) responsibility of the Sponsor to provide adequate construction inspection; and (10) special use permit for surveys or site investigations. 3. ASCS Projects Having Plans and Specifications Prepared by Private Engineers. a. Paragraphs a, b, c, e, f and g as noted above under item B(2) also apply to these ASCS projects. In addition, the following procedures apply. b. The SCS will responsible for reviewing the appropriate ASCS referral from the above type of dam, and will certify to the ASCS, the need and feasibility of the proposal. c. The SCS will notify the Forest Service of the proposed project and will include the approximate date of planned construction if available. d. The Forest Service will be responsible for supervision of construction. Upon completion of the dam, the Forest Service will notify the appropriate SCS Office in writing, that the dam has been constructed in accordance with approved plans and specifications. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 6 of 36 e. The SCS will contact the private engineer to determine if approval of the State Engineer's Office has been received and to obtain the final quantities used in the dam. f. The SCS will then certify completion of the dam to the ASCS. The above procedure will be followed on all dams participating in ASCS within Forest Service lands in Colorado where plans and specifications are prepared by private engineers. C. PRELIMINARY SURVEYS AND INVESTIGATIONS 1. The following steps apply to all projects: a. Sufficient surveys will be made to establish and maintain preliminary centerlines, controlling elevations, and preliminary cost estimates. The appropriate capacity, tentative spillway location, and drainage area and surface geologic characteristics of water impoundment structures should be determined. If it will be required to clear brush and trees for these and subsequent surveys such as clearing must be done in accordance with the special use permit for site investigations and surveys; usually by hand methods, and only the extent essential to the survey work. b. Arrangements will then be made for a preliminary geological investigation report if required. It will include foundation and borrow pit drilling and sampling. All necessary work needed for access of drilling equipment to the site shall be in accordance with the special use permit for site investigations and surveys or otherwise established by the FS prior to the activity. c. During the course of the geological investigation, special attention will be directed toward any indication that historical or archeological materials exist or may be present in the proposed reservoir or other construction area. If evidence of such material is observed, the FS District Ranger shall be notified immediately by the DC. d. The FS will accordance with Archeological and Historical Data Conservation Act of 1974, give written notice to the Secretary of the Interior for any project for which such notice is required. In case of the discovery of historical or archeological antiquities, examination of said antiquities will be at the expense of the Sponsor or, in the case of PL 566 projects, the SCS. The Sponsor and/or SCS shall provide a complete inventory, evaluation and report of archaeological and historical values on lands to be disturbed or occupied. This will be prepared by an archaeologist, acceptable to the authorized Forest Officer and the State Historic Preservation Officer, in advance of any surface disturbance or occupancy. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 7 of 36 e. The Forest Service will be responsible for coordinating joint surveys with the Colorado Game and Fish Department, the Fish and Wildlife Service, and SCS in the application of the provisions of the Fish and Wildlife Coordination Act. The Fish and Wildlife Service is responsible for writing a report. Such recommendations as result from the surveys, with the concurrence of the Colorado Game and Fish Department, will be forwarded for inclusion in a report by the Fish and Wildlife Service. 2. The following steps apply to C01 and RC&D Projects: a. The SCS office with responsibility for engineering planning of the project will prepare a report of preliminary surveys and investigations covering the following items: (1) Name of project and location including purpose and general plan of operations. (2) Name and address of Sponsor. (3) The tentative administrative category and tentative hazard classification, in accordance with paragraphs 7511.1 and 7511.2 of Title 7500 FSM. The height of dam, surface area and storage capacity of reservoirs and capacity of channels. (4) Copy of the feasibility study including any geological investigation reports made, the proposed borrow areas, and a summary of any evidence that historical or archeological materials exist or may be present in the proposed reservoir area. (5) Inflow and outflow design hydrographs proposed (see FSM 7532.14 for hydrograph criteria) including any hydrologic data, computations, and assumptions employed to determine the hydrographs. (6) Type of outlet conduit, type of spillways proposed for impounding structures, and their tentative location. (7) Type of channel, pipe or conduit or other structures proposed and tentative locations. (8) Pollution prevention and control measures proposed. b. The District Conservationist will send two copies of this report to the FS District Ranger and one to the State Conservation Engineer of SCS. c. If the information and technical data supplied by the report are adequate for the preparation of the Phase II, Environmental Analysis Report (EAR), and the final Environmental Impact Statement (EIS) (if the latter is required), the District Ranger will send copies of these reports, together with the SCS R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 8 of 36 Engineering Report, through the Forest Supervisor to the Regional Forester for review and approval. The environmental reports will include the hazard classification for dams and will make recommendations to the Forest Supervisor for conditions of construction and occupancy. If the SCS report is not adequate for the above, the District Ranger will immediately request the additional required data. Final design and preparation of plans and specifications for the project must be done within the guidelines and requirements of the Phase II EAR and/or EIS. d. The FS will review the report of preliminary surveys and investigations prepared by the SCS in conformance with the conditions and findings contained in the approved Phase II Environmental Analysis Report. The FS will notify the District Conservationist in writing of the hazard classification; design requirements, including inflow design hydrographs; required pollution abatement measures; and any special conditions applicable to the project or its appurtenances. These requirements and conditions will be incorporated in the plan of operation for the project and included in detailed design, plans, and specifications. e. The Sponsor will obtain the review and recommendations concerning pollution prevention and controls for the project from the Environmental Protection Agency. f. The Sponsor will obtain all permits and certifications required by Federal, State or local Environmental Protection Acts or Regulations. 3. The following steps apply to PL 566 Projects: a. The FS will notify the District Conservationist in writing of the required pollution abatement measures and any special conditions applicable to the project or its appurtenances including any needed changes or adjustments as a result of Forest Service environmental reviews. These requirements and conditions will be incorporated in the plan of operation for the project and included in detailed design, plans and specifications when the project is authorized for planning assistance. b. The SCS will secure EPA review and recommendations and submit them to the FS. c. The SCS will verify that the Sponsor has obtained the required State of Colorado permits or certifications. d. The SCS will develop a Project Work Plan and Environmental Assessment or Environmental Impact Statement. These documents and their supporting data will be the basis for the issuance ofconstruction state special use permit. 4. The following steps apply to ASCS Projects for dams having plans and specifications prepared by private engineers. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 9 of 36 a. After certification of the project by SCS, the private engineer will prepare and submit 3 copies of the preliminary plans to the Forest Service for review. b. The Forest Service will transmit one copy of the plans along with review comments to SCS. c. Upon completion of review one copy of the preliminary plans will be returned to the private engineer along with both SCS and Forest Service review comments, including any needed changes or adjustments as a result of Forest Service environmental analyses and reviews. d. The Sponsor will obtain all permits and certifications required by Federal, state or local environmental protection acts or regulations. D. PREPARATION OF DETAILED PLANS AND SPECIFICATIONS 1. After approval of the work plan or operations plan, depending upon the program involved, the DC and/or private engineer will arrange for detailed field surveys for design, soil sampling and additional geologic investigations as necessary. 2. The SCS and/or private engineer will then develop detailed plans, specifications and cost estimates. E. REVIEWS AND APPROVALS OF DETAILED PLANS AND SPECIFICATIONS 1. The following steps apply to PL 566 Projects: a. The Area Conservationist will transmit three copies of preliminary plans to the Forest Supervisor's Office requesting his review and comments. b. The State Conservation Engineer will consider changes suggested as a result of Forest Service Engineering review. c. The State Conservation Engineer will transmit six copies of final plan, specifications and cost estimates to the Forest Supervisor for internal distribution and use. 2. The following steps apply to RC&D and C01 Projects and ASCS Projects Having Plans and Specifications Prepared by the ASCS: a. The SCS Engineer will review the preliminary plans, specifications, and cost estimate with the Sponsor. The Sponsor will indicate acceptance of the plans with his signature. b. The SCS Area Engineer will transmit preliminary copies of the detailed plans and specifications, design notes (including hydrology computations, cost estimate, and pertinent related information) to the State Conservation Engineer for review. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 10 of 36 c. The State Conservation Engineer will submit three copies of the preliminary plans and specifications, design notes, cost estimate and technical reports to the Forest Supervisor's Office for review and comments and approval. Design notes should include structural and hydraulic design and computations. d. The Forest Supervisor will obtain Regional Forester review and comment for all Class A, high and moderate hazard Class B, and high hazard Class C projects. (These classifications as per Chapter 7510 of Forest Service Manual.) e. The State Conservation Engineer will arrange with the SCS Area Engineer for any needed adjustments in the plans and specifications and for preparation of final plans and specifications following FS approval or requested changes. f. The State Conservation Engineer will transmit three copies of final plans and specifications to the Forest Supervisor who will forward two copies to the Regional Forester for review and approval. g. When the Regional Forester has indicated his approval, he will notify the SCS in writing. h. The State Conservation Engineer will transmit six copies of signed, final plans and specifications to the Regional Forester for approval signature and distribution. These may be photostatic copies i. Signatures on final plans and specifications will consist of the following: (1) of Sponsor in cases of individual of informal group. (2) of authorized representative(s), if a legal organization. (3) of a Registered Engineer, when requested by the Colorado State Engineer. (4) of State Engineer of Colorado, when requested by the Colorado State Engineer. (5) of the SCS employee having engineering job approval authority for the project under SCS State Policy. j. The State Conservation Engineer will transmit adequate working copies of final plans and specifications to the District Conservationist for use of the Sponsor in contracting or otherwise constructing the work. k. Construction will not be started on any project until the Sponsor is notified in writing of approval of plans by the Regional Forester and a special use permit for construction has been issued. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 11 of 36 3. The following steps apply to ASCS projects for dams having plans and specifications prepared by private engineers: a. The private engineer will submit three copies of the final plans and specifications incorporating any changes noted in the preliminary review to the Forest Service. b. The Forest Service will notify both the SCS and the private engineer in writing when plans are approved. c. The private engineer will transmit six copies of signed, final plans and specifications to the Forest Service for approval signature and distribution. The plans shall be approved by the Colorado State Engineer prior to submission to the Forest Service. d. Construction will not be started on any project until the Sponsor has been notified in writing that the plans have been approved and a special use permit for construction has been issued. F. CONSTRUCTION SCHEDULE (ALL PROJECTS) 1. The Proponent will provide the FS with a construction schedule for the project. Although the SCS Engineer may assist with this on a consulting basis, he is not responsible for its development or accuracy. It is the Sponsor's responsibility to notify the FS prior to beginning construction of a project. G. CONSTRUCTION INSPECTION (ALL PROJECTS) 1. Adequate construction inspection, satisfactory to the Forest Service, must be provided on all projects. 2. When a private consulting engineer is providing supervision of construction to a Sponsor and cost-sharing is included, the Forest Service will notify the appropriate DC, in writing, when the work is completed in accordance with the requirements of the construction special use permit. Under these types of projects, the SCS and FS will maintain close contact with the engineer-in-charge throughout design and construction and attend final inspection with the engineer and cooperator and other interested parties. Sponsors will be required to have their engineer furnish the SCS with one copy of as-built drawings and quantities after final inspection, acceptance and approval by all parties involved. At this time Sponsors shall also furnish the Forest Service two sets of asbuilt drawings and a written certification from the responsible engineer on a form supplied by the Forest Service, certifying that the project has been constructed in accordance with approved drawings and specifications or noting any exceptions. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 12 of 36 3. When SCS is providing inspection of construction under any program, SCS personnel will cooperate fully with FS personnel inspecting the work and will make copies of all SCS records available on request. The SCS Engineer will propose a formal, pre-final inspection date to the FS and the Sponsor not less than ten (10) days prior to anticipated completion date of construction and notify the SCS State Office. The purpose of this inspection is to determine which, if any, construction items need additional work before final inspection. A final inspection will be requested and arranged for by the SCS. Participants will be the Sponsors, SCS, FS, and any concerned state agencies. The Sponsor will arrange to furnish the Forest Service as-build drawings and certification in the same quantity and content as required when a private consulting engineer is in charge of the work. 4. Subsequent to the certification, in writing, of the adequacy of the completed project by the Regional Forester, the Forest Service will issue the Sponsor a "maintenance and occupancy" special use permit authorizing the operation of the completed works. U.S. Department of Agriculture Forest Service S. Hanks for Regional Forester Region Two Denver, Colorado Date: 20 Feb 1975 U.S. Department of Agriculture Soil Conservation Service Burdich State Conservationist Denver, Colorado Date: 2-11-75 UNITED STATES DEPARTMENT OF AGRICULTURE MEMORANDUM OF UNDERSTANDING Between U.S. FOREST SERVICE and SOIL CONSERVATION SERVICE Re: Planning and installation of Water Storage and Transmission Projects on Land Administered by the U.S. Forest Service in the State of Wyoming. PURPOSE The purpose of this memorandum of understand is to provide liaison, coordination and procedure between the Soil Conservation Service (SCS) and the Forest Service (FS) in Wyoming when the SCS is involved in projects of construction, repair or rehabilitation of water storage or water transmission facilities on lands administered by the U.S. Forest Service in Wyoming. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 13 of 36 The memorandum applies to all programs administered by the SCS in Wyoming and is separated into two sections where procedures for projects covered under Public Law 566, RC&D projects and projects covered as C01 (PL 46) projects differ. (Ref. Forest Service Manual (FSM) 7503.12, item 2) A. GENERAL RESPONSIBILITIES 1. The Soil Conservation Service has technical responsibility for the design and construction of dams and other structures to be built under Proponent assistance through Conservation Districts, under certain program administered by the Agricultural Stabilization and Conservation Service (ASCS) and SCS. Water storage and transmission projects which will occupy National Forest System lands must satisfy certain Forest Service requirements. 2. In all programs of both Services, which involve mutual interests, it is imperative that each agency inform the other at the very inception of a potential project so that joint progress can be maintained. The District Conservationist (DC) will discuss with the District Ranger all potential projects that he believes to be feasible, involving National Forest land, before they are presented or suggested to any local users or groups for consideration. Communications between agencies may take place as follows: Forest Service Regional Forester Regional Engineer Forest Supervisor Forest Engineer_ District Ranger Soil Conservation Service State Conservationist State Conservation Engineer Area Conservationist Area Engineer District Conservationist Intra-agency notification shall be in accordance with policies of each Service. When local sponsoring organizations purpose projects under certain programs administered by the ASCS, and/or SCS, pr Forest Service programs that are of mutual concern, each Service for its sphere of influence, will jointly assist in developing the projects application. The Forest Service shall be notified and invited to participate in all such activities upon or affecting National Forest System lands or other forested lands. The Soil Conservation Service will be notified and invited to participate in all such activities that may involve bother National Forest and private land. In those programs where one agency has leadership, the other Service will be kept informed and invited to participate in (1) public information meetings, (2) meetings with Proponents, (3) Environmental meetings, (4) investigations, and (5) planning of the project. Environmental evaluation will begin as soon as probable areas affected by the project proposal can be identified. The District Ranger will furnish a copy of the Forest Service position statement or Phase I Environmental Analysis Report (EAR) to the District Conservationist. This will be incorporated into the SCS environmental assessment and, later, the environmental statement if required. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 14 of 36 3. The Forest Service has full responsibility for establishing minimum requirements as standards to protect Forest features for dams and other water transmission projects to be constructed, reconstructed and maintained on lands within the National Forests. Its operations are conducted under the guidelines and principles of the Multiple Use Sustained Yield Act of June 12, 1960, PL-86517; and the Environmental Policy Act of 1969. Therefore, careful consideration must be given to the relationship of the proposed project and to all aspects of the management of forest resources. It is the responsibility of the Forest Service to explain these guidelines and principles to the Proponents as they affect the project. 4. PL 566 Projects - The Forest Service has responsibility for approving project locations, which must be authorized by special use permit or other instrument. The Proponent thus becomes a Forest Service permittee, and assumes all the responsibilities of the authorizing instrument. The Forest Service to explain these guidelines and principles to the Proponents as they affect the project. 5. RC&D and C01 Projects - The Forest Service has responsibility for approving project locations and review and approval of detailed plans and specifications. It must authorize the use by special use permit or other instrument. The Proponent thus becomes a Forest Service permittee, and assumes all the responsibilities of the authorizing instrument. B. GENERAL PROCEDURE Procedures outlined in this memorandum supplement SCS Engineering Memorandum 41 (Rev.) and TITLE 7500 of the Forest Service Manual (FSM). The following procedure will be used by SCS and FS personnel when the SCS is providing technical services to Proponents of projects herein concerned: 1. PL 566 Projects a. The SCS will be responsible for meeting the requirements of the National Environmental Policy Act (NEPA) pursuant to Pl 91-190. b. Forest Service engineering review and certification of design is not required unless specifically requested by the Forest Service. c. The SCS will keep the Forest Service informed of projects which affect National Forest lands. d. PL 566 projects will follow the requirements of the law, the SCS Watershed Planning Handbook, and in general, the procedures described herein. 2. RC&D and C01 Projects R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 15 of 36 a. The Forest Service will be responsible for meeting requirements of NEPA pursuant to PL 91-190 as the project affects National Forest lands. b. Forest Service engineering review and certification of design is required. c. The SCS will keep the Forest Service informed of projects which affect National Forest lands. 3. The following steps are required for C01 and RC&D projects: a. As soon as a project concept has been developed, a project proposal meeting will be arranged by the SCS at which the general scope and involvement of the project will be explained to the Proponent by FS and SCS personnel. b. The Proponent must make application to the Forest Service for a special use permit for the proposed project. A "statement of need" (FSM 2712, R-2 Supplement No. 54) should accompany the special use application and should be a concise basic statement as to why the applicant needs the project and the benefits to be derived from the project. Exhibit B illustrates a typical statement of need. c. The District Ranger will prepare a Phase I Environmental Analysis Report (EAR) and will make recommendations to the Forest Supervisor regarding the suitability of the project, the tentative hazard classification for dams, and future planning and development criteria. The Phase I Environmental Analysis Report will serve as the basis for tentative approval or disapproval of the project. d. The Forest Service will notify the Proponent, in writing, as to the general acceptability of the proposed project. If acceptable, the Forest Service will issue a special use permit for site survey and investigation. e. When the Proponent is notified that the project concept is approved, the District Conservationist will arrange a meeting between the proponent, the Forest Service, the Wyoming Game and Fish Department and Soil Conservation Service (the District Ranger, a staff engineer from the FS Supervisor's Office, and an SCS engineer assigned to the project by the Area Conservationist or appropriate members of the Watershed Planning Party of SCS will normally attend). Discussions will include: (1) required approvals; (2) time requirements; (3) tentative hazard classification of dams; (4) access to the project; (5) general requirements for location of borrow areas; (6) possible potential minimum discharge releases; (7) spillway, outlet works, and other installations requiring erosion control measures; (8) responsibilities of the Proponent as set forth in the District Ranger's multiple use management plan and Phase I Environmental Analysis Report; (9) responsibility of the Proponent to provide adequate construction inspection; and (10) special use permit for surveys or site investigations. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 16 of 36 C. PRELIMINARY SURVEYS AND INVESTIGATIONS 1. The following steps apply to all projects: a. Sufficient surveys will be made to establish and maintain preliminary centerlines, controlling elevations, and preliminary cost estimates. The appropriate capacity, tentative spillway location, and drainage area and surface geologic characteristics impoundment structures should be determined. If it will be required to clear brush and trees for these and subsequent surveys such clearing must be done in accordance with the special use permit for site investigations and surveys; usually by hand methods, and only to the extent essential to the survey work. b. Arrangements will then be made for a preliminary geological investigation report if required. It will include foundation and borrow pit drilling and sampling. All necessary work needed for access for drilling equipment to the site shall be in accordance with the special use permit for site investigations and surveys or otherwise established by the FS prior to the activity. c. During the course of the geological investigation, special attention will be directed toward any indication that historical or archeological materials exist or may be present in the proposed reservoir or other construction area. If evidence of such material is observed, the FS District Ranger shall be notified immediately by the DC. d. The FS will, in accordance with the Preservation of Historical and Archeological Data of Dam Sites Act of June 27, 1960, give written notice to the Secretary of the Interior for any project for which such notice is required. In case of the discovery of historical or archeological antiquities, examination of said antiquities will be at the expense of the Proponent or, in the case of PL 566 projects, the SCS. e. The Forest Service will be responsible for coordinating joint surveys with the Wyoming Game and Fish Department, the Fish and Wildlife Service, and SCS in the application of the provisions of the Fish and Wildlife Coordination Act. The Bureau of Sport Fisheries and Wildlife (BSF&W) is responsible for writing a report. Such recommendations as result from the surveys, with the concurrence of the Wyoming Game and Fish Department, will be forwarded for inclusion in a report by the BSF&W. 2. The following steps apply to C01 and RC&D Projects: a. The SCS office with responsibility for engineering planning of the project will prepare a report of preliminary surveys and investigations covering the following items: R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 17 of 36 (1) Name of project and location including purpose and general plan of operation. (2) Name and address of Proponent. (3) The tentative administrative category and tentative hazard classification, in accordance with paragraphs 7511.1 and 7511.2 of Title 7500, FSM. The height of dam, and surface area and storage capacity of reservoirs and capacity of channels. (4) Copy of the feasibility study including any geological investigation reports made, the proposed borrow areas, and a summary of any evidence that historical or archeological materials exist or may be present in the proposed reservoir area. (5) Inflow and outflow design hydrographs proposed (see FSM 7532.14 for hydrograph criteria) including any hydrologic data, computations, and assumptions employed to determine thehydrographs. (6) Type of outlet conduit, type of spillways proposed for impounding structures, and their tentative location. (7) Type of channel, pipe or conduit or other structures proposed and tentative locations. (8) Pollution prevention and control measures proposed. b. The District Conservationist will send two copies of this report to the FS District Ranger and one to the State Conservation Engineer of SCS. c. If the information and technical data supplied by the report are adequate for the preparation of the Phase II, Environmental Analysis Report (EAR), and the final Environmental Impact Statement (EIS), if the latter is required, the DIstrict Ranger will send copies of these reports, together with the SCS Engineering Report, through the Forest Supervisor to the Regional Forester for review and approval. The environmental reports will include the hazard classification for dams and will make recommendations to the Forest Supervisor for conditions of construction and occupancy. If the SCS report is not adequate for the above, the District Ranger will immediately request the additional required data. Final design and preparation of plans and specifications for the project must be done within the guidelines and requirements of the Phase II EAR and/or EIS. d. The FS will review the report of preliminary surveys and investigations prepared by the SCS in conformance with the conditions and findings contained in the approved Phase II Environmental Analysis Report. The FS will notify the District Conservationist in writing of the hazard classification; design requirements, including inflow design hydrographs; required pollution abatement measures; and any special conditions applicable to the project or R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 18 of 36 its appurtenances. These requirements and conditions will be incorporated in the plan of operation for the project and included in detailed design, plans, and specifications. e. The Proponent will obtain the review and recommendations concerning pollution prevention and controls for the project from the Environmental Protection Agency. f. The Proponent will obtain all permits and certifications required by Federal, State or local Environmental Protection Acts or Regulations. 3. The following steps apply to PL 566 Projects: a. The FS will notify the District Conservationist in writing of the required pollution abatement measures and any special conditions applicable to the project or its appurtenances. These requirements and conditions will be incorporated in the plan of operation for the project and included in detailed design, plans and specifications when the project is authorized for planning assistance. b. The SCS will secure EPA review and recommendations and submit them to the FS. c. The SCS will verify that the Proponent has obtained the required State of Wyoming permits or certifications. d. The SCS will develop a Project Work Plan and Environmental Assessment or Environmental Impact Statement. These documents and their supporting data will be the basis for the issuance of a construction stage special use permit. D. PREPARATION OF DETAILED PLANS AND SPECIFICATIONS 1. After approval of the work plan or operations plan, depending upon the program involved, the DC will arrange for detailed field surveys for design, soil sampling and additional geologic investigations as necessary. 2. The SCS will then develop detailed plans, specifications and cost estimates. E. REVIEWS AND APPROVALS OF DETAILED PLANS AND SPECIFICATIONS 1. The following steps apply to PL 566 Projects: a. The State Conservation Engineer will transmit three copies of preliminary plans to the Forest Supervisor's Office requesting his review and comments. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 19 of 36 b. The State Conservation Engineer will arrange for any needed changes or adjustments in the plans as a result of Forest Service Environmental Reviews and will consider changes suggested as a result of FS Engineering review. c. The State Conservation Engineer will transmit six copies of final plans, specifications and cost estimates to the Forest Supervisor for internal distribution and use. 2. The following steps apply to RC&D and C01 Projects: a. The SCS Engineer will review the preliminary plans, specifications, and cost estimate with the Proponent. The Proponent will indicate acceptance of the plans with his signatures. b. The SCS Engineer will transmit preliminary copies of the detailed plans and specification, design notes (including hydrology computations, cost estimate, and pertinent related information) to the State Conservation Engineer for review. c. The State Conservation Engineer will submit three copies of the preliminary plans and specifications, design notes, cost estimate and technical reports to the Forest Supervisor's Office for review and comments and approval. Design notes should include structural and hydraulic design and computations. d. The Forest Supervisor will obtain Regional Forester review and comment for all Class A, high and moderate hazard Class B, and high hazard Class C projects. e. The State Conservation Engineer will arrange with the SCS Engineer for any needed adjustments in the plans and specifications and for preparation of final plans and specifications following FS approval or requested changes. f. The State Conservation Engineer will transmit three copies of final plans and specifications to the Forest Supervisor who will forward two copies to the Regional Forester for review and approval. g. When the Regional Forester has indicated his approval, he will notify the SCS in writing. h. The State Conservation Engineer will transmit six copies of signed, final plans and specifications to the Regional Forester for approval signature and distribution. These may be photostatic copies. i. Signatures on final plans and specifications will consist of the following: (1) of Proponent in cases of individual or informal group. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 20 of 36 (2) of authorized representative(s), if a legal organization. (3) of a Registered Engineer, when requested by the Wyoming State Engineer. (4) of State Engineer of Wyoming, when requested by the Wyoming State Engineer. (5) of the SCS employee having engineering job approval authority for the project under SCS State Policy. j. The State Conservation Engineer will transmit adequate working copies of final plans and specifications to the District Conservationist for use of the Proponent in contracting or otherwise constructing the work. k. Construction will not be started on any project until the Proponent is notified in writing of approval of plans by the Regional Forester and a special use permit for construction has been issued. F. CONSTRUCTION SCHEDULE (ALL PROJECTS) 1. The Proponent will provide the FS with a construction schedule for the project. Although the SCS Engineer may assist with this on a consulting basis, he is not responsible for its development or accuracy. It is the Proponent's responsibility to notify the FS prior to beginning construction of a project. G. CONSTRUCTION INSPECTION (ALL PROJECTS) 1. Adequate construction inspection, satisfactory to the Forest Service, must be provided on all projects. 2. When a private consulting engineer is providing supervision of construction to a Proponent and cost-sharing under programs of the ASCS or Resource Conservation and Development Programs are included, the Forest Service will notify the appropriate DC, in writing, when the work is completed in accordance with the requirements of the construction special use permit. Under these types of projects the SCS and FS will maintain close contact with the engineer-in-charge throughout design and construction and attend final inspection with the engineer and Proponent and other interested parties. Proponents will be required to have their engineer furnish the SCS with one copy of as-built drawings and quantities after final inspection, acceptance and approval by all parties involved. At this time Proponents shall also furnish the Forest Service two sets of as-built drawings and a written certification from the responsible engineer on a form supplied by the Forest Service, certifying that the project has been constructed in accordance with approved drawings and specifications or noting any exceptions. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 21 of 36 3. When SCS is providing supervision of construction under any program, SCS personnel will cooperate fully with FS personnel inspecting the work and will make copies of all SCS records available on request. The SCS Engineer will propose a formal, pre-final inspection date to the FS and the Proponent not less that ten (10) days prior to anticipated completion date of construction and notify the SCS State Office. The purpose of this inspection is to determine which, if any, construction items need additional work before final inspection. A final inspection will be requested and arranged for by the SCS. Participants will be the Proponents, SCS, FS, and any concerned state agencies. The Proponent will arrange to furnish the Forest Service as-built drawings and certification in the same quantity and content as required when a private consulting engineer is in charge of the work. 4. Subsequent to the certification, in writing, of the adequacy of the completed project by the Regional Forester, the Forest Service will issue the Proponent a "maintenance and occupancy" special use permit authorizing the operation of the completed works. U.S. Department of Agriculture Forest Service U.S. Department of Agriculture Soil Conservation Service Regional Forester Region Two Denver, Colorado Date: 6/14/74 State Conservationist Casper, Wyoming Date: 6/20/74 Regional Forester Region Four Ogden, Utah Date: 7/30/74 FOR EXHIBIT A - Refer to Form FS-2700-3, Special Use Application & Report EXHIBIT B U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE STATEMENT OF NEED With the growing demand for the use of National Forest land for public and private use, it has become necessary for us to analyze and review the reason for this need. In addition, there is a need to determine, on a priority basis, when and how these proposals fit into National Forest plans and programs. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 22 of 36 Response, within reasonable time frames, is needed for those use applications applicable to the good and welfare of relatively large segments of the public. Priority for action, therefore, will be given to these types of uses, such as recreation facilities, utility and public work projects. In order to evaluate these and the attending environmental factors, a "Statement of Need" will be required with all formal applications for the use and occupancy of National Forests and Grasslands. It will accompany the Standard Form 2700-3 or other forms of applications. 1. General description and scope of the project. 2. How the proposed project fits into other parts of the proponent's operation. 3. The reason why Forest Service lands are needed in the project development. 4. Method of operation when project is developed: a. Ownership b. Place of generation or source of product. c. Place of use of product. d. Periods of year project will be operated. 5. Schedule of development. 6. Other Federal, State (or political subdivisions thereof) and private lands or interests which may be affected by the project. 7. Any regulator agencies which might have licensing or regulation authority over the project. 8. Necessity of the project: a. Who will be affected if the permit is not granted? b. What will be the effects if the permit is not granted? Show projected demand curves and tables if applicable. c. How will the effects, including social, economic and environmental be felt, considering human benefit and welfare, if the permit is not granted? 9. Describe alternative methods and/or locations to the proposed action of the application. 10. Technical requirements needed in development of the project: R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 23 of 36 a. Construction widths or acreage. b. Operational widths or acreage. c. Percent of the land which will be actually occupied of the total being requested. d. Any operational constraints or engineering factors which might affect the location or design of the project. 11. A brief evaluation of the expected effects of the project on a wild land environment. Applicant's Signature Date Applicant's Address Zip Code UNITED STATE DEPARTMENT OF AGRICULTURE MEMORANDUM OF UNDERSTAND Between U.S. FOREST SERVICE and SOIL CONSERVATION SERVICE Re: Planning and Installation of Water Storage and Transmission Project on Land Administered by the U.S. Forest Service in the State of South Dakota. PURPOSE The purpose of this memorandum of understanding is to provide liaison, coordination and procedure between the Soil Conservation Service (SCS) and the Forest Service (FS) in South Dakota when the SCS is involved in projects of construction, repair or rehabilitation of water storage or water transmission facilities on lands administered by the U.S. Forest Service in South Dakota. This memorandum applies to all programs administered by the SCS in South Dakota and is separated into two sections where procedures for projects covered under Public Law 566, RC&D projects and projects covered as C01 (PL 46) projects differ. (Ref. Forest Service Manual (FSM) 7503.12, item 2) R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 24 of 36 A. GENERAL RESPONSIBILITIES 1. The Soil Conservation Service has technical responsibility for the design and construction of dams and other structures to be built under Proponent assistance through Conservation Districts, and under certain programs administered by the Agricultural Stabilization and Conservation Service (ASCS) and SCS. Water storage and transmission projects which will occupy National Forest System lands must satisfy certain Forest Service requirements. 2. In all programs of both Services, which involve mutual interests, it is imperative that each agency inform the other at the very inception of a potential project so that joint progress can be maintained. The District Conservationist (DC) will discuss with the District Ranger all potential projects that he believes to be feasible, involving National Forest land, before they are presented or suggested to any local users or groups for consideration. Communications between agencies may take place as follows: Forest Service Regional Forester Director of Engineering Forest Supervisor Forest Engineer District Ranger Soil Conservation Service State Conservationist State Conservation Engineer Area Conservationist Area Engineer District Conservationist Intra-agency notification shall be in accordance with policies of each Service. When local sponsoring organizations propose projects under certain programs administered by the ASCS, and/or SCS, or Forest Service programs that are of mutual concern, each Service for its sphere of influence, will jointly assist in developing the projects application. The Forest Service shall be notified and invited to participate in all such activities upon or affecting National Forest System lands or other forested lands. The Soil Conservation Service will be notified and invited to participate in all such activities that may involve both National Forest and private land. In those programs where one agency has leadership, the other Service will be kept informed and invited to participate in (1) public information meetings, (2) meetings with Proponents, (3) Environmental meetings, (4) investigations, and (5) planning of the project. Environmental evaluation will begin as soon as probable area affected by the project proposal can be identified. The District Ranger will furnish a copy of the Forest Service position statement or Phase I Environmental Analysis Report (EAR) to the District Conservationist. This will be incorporated into the SCS environmental assessment and, later, the environmental statement if required. 3. The Forest Service has full responsibility for establishing minimum requirements as standards to protect Forest features for dams and other water transmission projects to be constructed, reconstructed and maintained on lands R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 25 of 36 within the National Forests. Its operations are conducted under the guidelines and principles of the Multiple Use Sustained Yield Act of June 12, 1960, PL-86517; and the Environmental Policy Act of 1969. Therefore, careful consideration must be given to the relationship of the proposed project to all aspects of the management of forest resources. It is the responsibility if the Forest Service to explain these guidelines and principles to the Proponents as they affect the project. 4. PL 566 and RC&D Projects - The Forest Service has responsibility for approving project locations, which must be authorized by special use permit or other instrument. The Proponent thus assumes all the responsibility of the authorizing instrument. The Forest Service may request that plans and specifications be submitted to them for review. 5. C01 Projects - The Forest Service has responsibility for approving project locations and review and approval of detailed plans and specifications. It must authorize the use by special use permit or other instrument. The Proponent thus assumes all the responsibilities of the authorizing instrument. B. GENERAL PROCEDURE Procedures outlined in this memorandum supplement SCS Engineering Memorandum 41 (Rev.) and TITLE 7500 of the Forest Service Manual (FSM). The following procedure will be used by SCS and FS personnel when the SCS is providing technical services to Proponents of projects here in concerned: 1. PL 566 and RC&D Projects a. The SCS will be responsible for meeting the requirements of the National Environmental Policy Act (NEPA) pursuant to PL 91-190. b. Forest Service engineering review and certification of design is not required unless specifically requested by the Forest Service. c. During all stages (proposal, planning and construction), the SCS will keep the Forest Service informed of projects which affect National Forest lands. d. PL 566 and RC&D projects will follow the requirements of the law, the SCS Watershed Planning Handbook, or the RC&D Handbook. 2. C01 Projects a. The Forest Service will be responsible for meeting requirements of NEPA pursuant to PL 91-190 as the project affects National Forest lands. b. Forest Service engineering review and certification of design is required. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 26 of 36 c. The SCS will keep the Forest Service informed of projects which affect National Forest lands. 3. The following steps are required for C01 projects: a. As soon as a project concept has been developed, a project proposal meeting will be arranged by the SCS at which the general scope and involvement of the project will be explained to the Proponent by FS and SCS personnel. b. The Proponent must make application to the Forest Service for a special use permit for the proposed project. A "statement of need" (FSM 2712, R-2 Supplement No. 54) should accompany the special use application and should be a concise basic statement as to why the applicant needs the project and the benefits to be derived from the project. Exhibit B illustrates a typical statement of need. c. The District Ranger will prepare a Phase I Environmental Analysis Report (EAR( and will make recommendations to the Forest Supervisor regarding the suitability of the project, the tentative hazard classification for dams, and future planning and development criteria. The Phase I Environmental Analysis Report will serve as the basis for tentative approval or disapproval of the project. d. The Forest Service will notify the Proponent, in writing, as to the general acceptability of the proposed project. If acceptable, the Forest Service will issue a special use permit for site survey and investigation. e. When the Proponent is notified that the project concept is approved, the District Conservationist will arrange a meeting between the Proponent, the Forest Service, the South Dakota Game and Fish Department and the Soil Conservation Service (the District Ranger, a staff engineer from the FS Supervisor's Office and an SCS engineer assigned to the project by the Area Conservationist or appropriate members of the Watershed Planning Party of SCS will normally attend). Discussions will include: (1) required approvals; (2) time requirements; (3) tentative hazard requirements for location of borrow areas; (6) possible potential minimum discharge releases; (7) spillway, outlet works, and other installations requiring erosion control measures; (8) responsibilities of the Proponent as set forth in the District Ranger's multiple use management plan and Phase I Environmental Analysis Report; (9) responsibility of the Proponent to provide adequate construction inspection; and (10) special use permit for surveys or site investigations. C. PRELIMINARY SURVEYS AND INVESTIGATIONS 1. The following steps apply to all projects: a. Sufficient surveys will be made to establish and maintain preliminary centerlines, controlling elevations, and preliminary cost estimates. The R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 27 of 36 appropriate capacity, tentative spillway location, and drainage area and surface geologic characteristics of water impoundment structures should be determined. If it will be required to clear brush and trees for these and subsequent surveys such clearing must be done in accordance with the special use permit for site investigations and surveys; usually by hand methods, and only to the extent essential to the survey work. b. Arrangements will then be made for a preliminary geological investigation report if required. It will include foundation and borrow pit drilling and sampling. All necessary work needed for access of drilling equipment to the site shall be in accordance with the special use permit for site investigations and surveys or otherwise established by the FS prior to the activity. c. During the course of the geological investigation, special attention will be directed toward any indication that historical or archeological materials exist or may be present in the proposed reservoir or other construction area. If evidence of such material is observed, the FS District Ranger shall be notified immediately by the DC. d. The FS will in accordance with the Archeological and Historical Data Conservation Act of 1974, give written notice to the Secretary of the Interior for any project for which such notice is required. In case of the discovery of historical or archeological antiquities, examination of said antiquities will be at the expense of the Proponent or, in the case of PL 566 projects, the SCS. The Proponent and/or SCS shall provide a complete inventory, evaluation and report of archaeological and historical values on lands to be disturbed or occupied. This will be prepared by an archaeologist, acceptable to the authorized Forest Officer and the State Historic Preservation Officer, in advance of any surface disturbance or occupancy. e. The Forest Service will be responsible for coordinating joint surveys with the South Dakota Game, Fish and Parks Department, the Fish and Wildlife Service, and SCS in the application of the provisions of the Fish and Wildlife Coordination Act. The Fish and Wildlife Service is responsible for writing a report. Such recommendations as result from the surveys, with the concurrence of the South Dakota game, Fish and Parks Department, will be forwarded for inclusion in a report by the Fish and Wildlife Service. 2. The following steps apply to C01 Projects: a. The SCS office with responsibility for engineering planning of the project will prepare a report of preliminary surveys and investigations covering the following items: (1) Name of project and location including purpose and general plan of operation. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 28 of 36 (2) Name and address of Proponent. (3) The tentative administrative category and tentative hazard classification, in accordance with paragraphs 7511.1 and 7511.2 of Title 7500, FSM. The height of dam, and surface area and storage capacity of reservoirs and capacity of channels. (4) Copy of the feasibility study including any geological investigation reports made, the proposed borrow areas, and a summary of any evidence that historical or archeological materials exist or may be present in the proposed reservoir area. (5) Inflow and outflow design hydrographs proposed (see FSM 7532.14 for hydrograph criteria) including any hydrologic data, computations, and assumptions employed to determine the hydrographs. (6) Type of outlet conduit, type of spillways proposed for impounding structures, and their tentative location. (7) Type of channel, pipe or conduit or other structures proposed and tentative locations. (8) Pollution prevention and control measures proposed. b. The District Conservationist will send two copies of this report to the FS District Ranger and one to the State Conservation Engineer of SCS. c. If the information and technical data supplied by the report are adequate for the preparation of the Phase II, Environmental Analysis Report (EAR), and the final Environmental Impact Statement (EIS), if the latter is required, the District Ranger will send copies of these reports, together with the SCS Engineering Report, through the Forest Supervisor to the Regional Forester for review and approval. The environmental reports will include the hazard classification for dams and will make recommendations to the Forest Supervisor for conditions of construction and occupancy. If the SCS report is not adequate for the above, the District Ranger will immediately request the additional required data. Final design and preparation of plans and specifications for the project must be done within the guidelines and requirements of the Phase II EAR and/or EIS. d. The FS will review the report of preliminary surveys and investigations prepared by the SCS in conformance with the conditions and findings contained in the approved Phase II Environmental Analysis Report. The FS will notify the District Conservationist in writing of the hazard classification; design requirements, including inflow design hydrographs; required pollution abatement measures; and any special conditions applicable to the project or its appurtenances. These requirements and conditions will be incorporated R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 29 of 36 in the plan of operation for the project and included in detailed design, plans and specifications. e. The Proponent will obtain the review and recommendations concerning pollution prevention and controls for the project from the Environmental Protection Agency. f. The Proponent will obtain all permits and certifications required by Federal, State or local Environmental Protection Acts or Regulations. 3. The following steps apply to PL 566 and RC&D Projects. a. The FS will notify the State Conservationist in writing of the required pollution abatement measures and any special conditions applicable to the project or its appurtenances. These requirements and conditions will be incorporated in the plan of operation for the project and included in detailed design, plans and specifications when the project is authorized for planning assistance. b. The SCS will secure EPA review and recommendation and submit them to the FS. c. The SCS will verify that the Proponent has obtained the required State of South Dakota permits or certifications. d. The SCS will develop a Project Work Plan and Environmental Assessment or Environmental Impact Statement. These documents and their supporting data will be the basis of the issuance of a construction stage special use permit. D. PREPARATION OF DETAILED PLANS AND SPECIFICATIONS 1. After approval of the work plan or operations plan, depending upon the program involved, the SCS will arrange for detailed field surveys for design, soil sampling and additional geologic investigations as necessary. 2. The SCS will then develop detailed plans, specifications and cost estimates. E. REVIEWS AND APPROVALS OF DETAILED PLANS AND SPECIFICATIONS 1. The following steps apply to PL 566 and RC&D Projects: a. The State Conservation Engineer will transmit three copies of preliminary plans to the Forest Supervisor's Office requesting his review and comments. b. The State Conservation Engineer will arrange for any needed changes or adjustments in the plans as a result of Forest Service Environmental R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 30 of 36 Reviews and will consider changes suggested as a result of FS Engineering review. c. The State Conservation Engineer will transmit six copies of final plans, specifications and cost estimates to the Forest Supervisor for internal distribution and use. 2. The following steps apply to C01 Projects: a. The SCS Engineer will review the preliminary plans, specifications, and cost estimate with the Proponent. The Proponent will indicate acceptance of the plans with his signature. b. The SCS Engineer will transmit preliminary copies of the detailed plans and specifications, design notes (including hydrology computations, cost estimate, and pertinent related information) to the State Conservation Engineer for review. c. The State Conservation Engineer will submit three copies of the preliminary plans and specifications, design notes, cost estimate and technical reports to the Forest Supervisor's Office for review and comments and approval. Design notes should include structural and hydraulic design and computations. d. The Forest Supervisor will obtain Regional Forester review and comment for all Class A, high and moderate hazard Class B, and high hazard Class C projects. e. The State Conservation Engineer will arrange with the SCS Engineer for any needed adjustments in the plans and specifications and for preparation of final plans and specifications following FS approval or requested changes. f. The State Conservation Engineer will transmit three copies of final plans and specifications to the Forest Supervisor who will forward two copies to the Regional Forester for review and approval. g. When the Regional Forester has indicated his approval, he will notify the SCS in writing. h. The State Conservation Engineer will transmit six copies of signed, final plans and specifications to the Regional Forester for approval signature and distribution. These may be photostatic copies. i. Signatures on final plans and specifications will consist of the following: (1) of Proponent in cases of individual or informal group. (2) of authorized representative(s), if a legal organization. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 31 of 36 (3) of the SCS employee having engineering job approval authority for the project under SCS Policy in South Dakota. j. The State Conservation Engineer will transmit adequate working copies of final plans and specifications to the District Conservationist for use of the Proponent in contracting or otherwise constructing the work. k. Construction will not be started on any project until the Proponent is notified in writing of approval of plans by the Regional Forester and a special use permit for construction has been issued. F. CONSTRUCTION SCHEDULE (ALL PROJECTS) 1. The Proponent will provide the FS with a construction schedule for the project. Although the SCS Engineer may assist with this on a consulting basis, he is not responsible for its development or accuracy. It is the Proponent's responsibility to notify the FS prior to beginning construction of a project. G. CONSTRUCTION INSPECTION (ALL PROJECTS) 1. Adequate construction inspection, satisfactory to the Forest Service, must be provided on all projects. 2. When a private consulting engineer is providing supervision of construction to a Proponent and cost-sharing under programs of the ASCS is included, the Forest Service will notify the appropriate DC, in writing, when the work is completed in accordance with the requirements of the construction special use permit. In projects costshared with RC&D funds, the area conservationist will be notified. Under these types of projects the SCS and FS will maintain close contact with the engineer-in-charge throughout design and construction and attend final inspection with the engineer and cooperator and other interested parties. Proponents will be required to have their engineer furnish the SCS with one copy of as-build drawings and quantities after final inspection, acceptance and approval by all parties involved. At this time Proponents shall also furnish the Forest Service two sets of as-built drawings and a written certification from the responsible engineer on a form supplied by the Forest Service, certifying that the project has been constructed in accordance with approved drawings and specifications or noting any exceptions. 3. When SCS is providing inspection of construction under any program, SCS personnel will cooperate fully with FS personnel inspecting the work and will make copies of all SCS records available on request. The SCS Engineer will propose a formal, pre-final inspection date to the FS and the Proponent not less that ten (10) days prior to anticipated completion date of construction and notify the SCS State Office. The purpose of this inspection is to determine which, if any, construction item need additional work before final inspection. A final inspection will be requested and arranged for by the SCS. Participants will be R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 32 of 36 the Proponents, SCS, FS, and any concerned state agencies. The Proponent will arrange to furnish the Forest Service as-built drawings and certification in the same quantity and content as required when a private consulting engineer is in charge of the work. 4. Subsequent to the certification, in writing, of the adequacy of the completed project by the Regional Forester, the Forest Service will issue the Proponent a "maintenance and occupancy" special use permit authorizing the operation of the completed works. U.S. Department of Agriculture Forest Service for Regional Forester Region Two Denver, Colorado Date: 18 FEB 1975 U.S. Department of Agriculture Soil Conservation Service State Conservationist Huron, South Dakota Date: 2/11/75 EXHIBIT A - Refer to Form FS-2700-3, Special Use Application & Report EXHIBT B U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE STATEMENT OF NEED With the growing demand for the use of National Forest land for public and private use, it has become necessary for us to analyze and review the reason for this need. In addition, there is a need to determine, on a priority basis, when and how these proposals fit into National Forest plans and programs. Response, within reasonable time frames, is needed for those use applications applicable to the good and welfare of relatively large segments of the public. Priority for action, therefore, will be given to these types of uses, such as recreation facilities, utility and public work projects. In order to evaluate these and the attending environmental factors, a "Statement of Need" will be required with all formal applications for the use and occupancy of National Forests and Grasslands. It will accompany the Standard Form 2700-3 or other forms of applications. 1. General description and scope of the project. 2. How the proposed project fits into other parts of the proponent's operation. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 33 of 36 3. The reason why Forest Service lands are needed in the project development. 4. Method of operation when project is developed: a. Ownership. b. Place of generation or source of product. c. Place of use project. d. Periods of year project will be operated. 5. Schedule of development. 6. Other Federal, State (or political subdivisions thereof) and privatelands or interests which may be affected by the project. 7. Any regulator agencies which might have licensing or regulationauthority over the project. 8. Necessity of the project: a. Who will be affected if the permit is not granted? b. What will be the effects if the permit is not granted? Show projected demand curves and tables if applicable. c. How will the effects, including social, economic and environmental be felt, considering human benefit and welfare, if the permit is not granted? 9. Describe alternative methods and/or locations to the proposed action of the application. 10. Technical requirements needed in development of the project: a. Construction widths or acreage. b. Operational widths or acreage. c. Percent of the land which will be actually occupied of the total being requested. d. Any operational constraints or engineering factors which might affect the location or design of the project. 11. A brief evaluation of the expected effects of the project on a wild land environment. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 Applicant's Signature Applicant's Address 7504 - RESPONSIBILITY 7500_Zero_Code Page 34 of 36 Date Zip Code 5. Forest Supervisors. Forest Supervisors shall develop dam rehabilitation programs to meet the requirements contained in the current Federal Guidelines for Dam Safety. Include all high and moderate hazard dams and selected low hazard dams. Follow the process shown in exhibit 01. R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 35 of 36 7504 - Exhibit 01 DAMS REHABILITATION PROGRAM - RESPONSIBILITY DESIGNATION REG FOR JOB ELEMENT 1. Review dates to determine need, utilization and other values, versus cost. 2. Establish forest projects and priorities. 3. Establish probable hazard classification for each project. 4. Establish deficiencies which require correction to meet Dam Safety Act. 5. For projects with deficient spillways, develop alternative solutions. 6. Obtain required field info. 7. Make flood routings, determine hazard classification & refine alternatives. 8. Prepare engineering report, and the Environmental Assessment if required. 9. Select and decument the selected alternative from EA. 10. Establish Regional dams rehabilitation list by priority. A,g 11. If stage construction is necessary, select stages and document rationale. A 12. Establish Regional dams rehabilitation program, including final list, completion schedule and cost estimates. A,g 13. Design, prepare construction drawings, specifications, cost estimates, & request for contract action. 14. Review & approve drawings specification & cost estimates. 15. Include estimated cost in program 3/ planning and budgeting process. A,g 16. Advertise, analyze bids and award contract. 17. Administer contract. FOR DIST FOR DIR RO/SO SUP RNGR ENG ENG RES/MGR A,g b c e d A d b e d c,d d 1/ A,b d d d A,b,g d A d e d b,c A,b d e e d d d A,b,c e A,g 2/ b,c 2/ b,c c c,d A,g e e e,f e d e e b e d,g d d b,c d d d d b,c e d d c A,b,g e d 3/ A,g d A,b,g 3/ b e d d 3/ b f f e e f d,f b,c,d c,d SO CO RO CO e e 4/ 4/ A,b,c A,b,c 4/ 4/ A,b,d,f A,b,d,f R2 SUPPLEMENT 7500-92-3 EFFECTIVE 2/1/93 7500_Zero_Code Page 36 of 36 7504 - Exhibit 01--Continued RESPONSIBILITY CODES: A. General Responsibility - The individual guides and directs the execution of the function through the person delegated operating responsibility. This is Line responsibility unless it has been specificallydelegated to staff. b. Operating Responsibility - The individual is directly responsible for the execution of the function. c. Specific Responsibility - The individual is responsible for executing a specific or limited portion of the function. d. Must be Consulted - The individual, if the decision affects his or her area, must be called upon before any decision is made, or approval is granted, to render advice or related information, but not to make the decision or grant approval. e. May be Consulted - The individual may be called upon to relate information, render advice, or make recommendations. f. Must be Notified - The individual must be notified of action that has been taken. g. Must approve - The individual (other than persons holding general and operating responsibility) must approve or disapprove. 1/ General Responsibility in this column, from FSM supplement to 7100. 2/ Operating Responsibility is Forest Engineer's for Engineering Report, District Ranger's for EA. 3/ General Responsibility is Forest Supervisor's for Forest budget proposal, Regional Forester's for Regional budget proposal. Operating Responsibility is Forest Engineer's for input to Forest's budget proposal, Director of Engineering's for input to Region's budget proposal. 4/ General Responsibility in this column, from Federal Acquisition Regulations. General and Operating Responsibility will be with a CO either at Forest or RO level, depending on dollar amount of contractand Forest's contracting authority.