Notice of Intent To Prepare an Environmental Impact Statement for the North Branch Park River Watershed Plan, North Dakota, 76453-76456 [2022-27077]
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Federal Register / Vol. 87, No. 239 / Wednesday, December 14, 2022 / Notices
Market Nutrition Program, OMB #0584–
0541. The Farm Security and Rural
Investment Act of 2002 (the 2002 Farm
Bill), Public Law 107–171, authorized
the SFMNP as a competitive grant
program beginning Fiscal Year (FY)
2003 and gave USDA the authority to
develop Federal regulations guiding the
administration of the SFMNP. The
Agriculture Improvement Act of 2018,
Public Law 115–334 (the 2018 Farm
Bill), provided continued funding for
the SFMNP through FY 2023. Federal
regulations governing the SFMNP (7
Code of Federal Regulations, part 249)
require that certain program-related
information be collected and that full
and complete records concerning
SFMNP operations are maintained. The
information reporting and
recordkeeping burdens are necessary to
ensure appropriate and efficient
management of the SFMNP.
Need and Use of the Information: The
information collected is used by USDA
to manage, plan, evaluate, make
decisions, and report on SFMNP
program operations. FNS uses the
information collection to assess how
each SFMNP State agency operates; to
ensure regulatory compliance of State
agencies, local agencies, and farmers/
farmers’ markets/roadside stands/CSA
programs; to make program management
decisions; and to report to Congress as
needed.
Description of Respondents: State,
Local, or Tribal Governments;
Individuals and Households; Nonprofit
Businesses and authorized outlets.
Number of Respondents: 746,264.
Frequency of Responses: Reporting:
Annually.
Total Burden Hours: 1,137,363.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2022–27088 Filed 12–13–22; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
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Submission for OMB Review;
Comment Request
The Department of Agriculture has
submitted the following information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Comments are
requested regarding: whether the
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; the accuracy of the
agency’s estimate of burden including
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the validity of the methodology and
assumptions used; ways to enhance the
quality, utility and clarity of the
information to be collected; and ways to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Comments regarding this information
collection received by January 13, 2023
will be considered. Written comments
and recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function
An agency may not conduct or
sponsor a collection of information
unless the collection of information
displays a currently valid OMB control
number and the agency informs
potential persons who are to respond to
the collection of information that such
persons are not required to respond to
the collection of information unless it
displays a currently valid OMB control
number.
National Institute of Food and
Agriculture
Title: Veterinary Medicine Loan
Repayment Program (VMLRP).
OMB Control Number: 0524–0050.
Summary of Collection: In January
2003, the National Veterinary Medical
Service Act (NVMSA) was passed into
law adding section 1415A to the
National Agricultural Research,
Extension, and Teaching Policy Act of
1997. This law established a new
Veterinary Medicine Loan Repayment
Program (VMLRP) (7 U.S.C. 3151a)
authorizing the Secretary of Agriculture
to carry out a program of entering into
agreements with veterinarians under
which they agree to provide veterinary
services in veterinarian shortage
situations. The purpose of the program
is to assure an adequate supply of
trained food animal veterinarians in
shortage situations and provide USDA
with a pool of veterinary specialists to
assist in the control and eradication of
animal disease outbreaks. The National
Institute of Food and Agriculture (NIFA)
will designate geographic and practice
areas that have a shortage of food supply
veterinarians in order to carry out the
VMLRP goals of strengthening the
nation’s animal health infrastructure
and supplementing the Federal response
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during animal health emergencies. NIFA
will carry out NVMSA by entering into
educational loan repayment agreements
with veterinarians who agree to provide
veterinary services in veterinarian
shortage situation for a determined
period of time. NIFA will collect
information using the Shortage
Situation Nomination Form,
Application Form, Records and Reports,
and Surveys.
Need and Use of the Information: The
information collected allows the
National Institute of Food and
Agriculture to request from VMLRP
applicants’ information related to
eligibility, qualification, career interests,
and recommendations necessary to
evaluate their applications for
repayment of educational indebtedness
in return for agreeing to provide
veterinary services in veterinarian
shortage situations. The information
will also be used to determine an
applicant’s eligibility for participation
in the program. The information also
allows the VMLRP to assess program
processes and impact, make program
improvements based on process
feedback, and provide feedback to State
Animal Health Officials on veterinarian
shortage situations, which can aide
them during the nomination process.
Description of Respondents:
Individuals or households; Business or
other for-profit.
Number of Respondents: 1,770.
Frequency of Responses: Reporting:
Biennially.
Total Burden Hours: 16,798.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2022–27092 Filed 12–13–22; 8:45 am]
BILLING CODE 3410–09–P
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
[Docket No. NRCS–2022–0016]
Notice of Intent To Prepare an
Environmental Impact Statement for
the North Branch Park River
Watershed Plan, North Dakota
Natural Resources
Conservation Service, U.S. Department
of Agriculture.
ACTION: Notice of Intent (NOI) to Prepare
an Environmental Impact Statement
(EIS).
AGENCY:
The Natural Resources
Conservation Service (NRCS) North
Dakota State Office, announces its intent
SUMMARY:
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76454
Federal Register / Vol. 87, No. 239 / Wednesday, December 14, 2022 / Notices
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to prepare an EIS for the North Branch
Park River Watershed located within
Pembina, Walsh, and Cavalier Counties,
North Dakota. NRCS will examine
alternative solutions through the EIS
process to provide flood damage
reduction and watershed protection.
NRCS is requesting comments to
identify significant issues, potential
alternatives, information, and analyses
relevant to the Proposed Action from all
interested individuals, Federal and State
Agencies and Tribes.
DATES: We will consider comments that
we receive by January 13, 2023.
Comments received after the 30-day
comment period will be considered to
the extent possible.
ADDRESSES: We invite you to submit
comments in response to this notice.
You may submit your comments
through one of the methods below:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and search
for docket ID NRCS–2022–0016. Follow
the online instructions for submitting
comments; or
• Mail or Hand Delivery: LuAnn
Kemp, Park River Joint Water Resource
District, National Resources
Conservation Service, 308 Courthouse
Drive #5, Cavalier, ND, 58220. In your
comment, specify the docket ID NRCS–
2022–02016.
All comments received will be posted
and made publicly available on
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Christi Fisher; telephone: (701) 530–
2012;2091; email: christi.fisher@
usda.gov. Persons with disabilities who
require alternative means of
communication should contact USDA
Target Center at (202) 720–2600 (voice).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The purposes of the proposed action
are watershed protection and flood
damage reduction. Watershed protection
goals consist of reducing downstream
nutrient loads, particularly phosphorus,
and increasing quantity and quality of
critical fish and wildlife habitats. The
Watershed Project Plan is authorized
under the authority of the Watershed
Protection (XE ‘‘Watershed Protection)
and Flood Prevention Act of 1954 (Pub.
L. 83–566) as amended and the Regional
Conservation Partnership Program
Project (16 U.S.C. Chapter 58,
Subchapter VIII). This action is needed
because the North Branch Park River
Watershed incurs $1,733,000 in average
annual flood damage as a result of 4,485
acres of cropland inundation and
damage to roads, buildings, and other
property. The 100-year flood inundates
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136 structures, including the
community of Crystal, ND. The
watershed annually contributes 36,412
pounds of phosphorus and 197,533
pounds of nitrogen to the Red River. for
which United States agreed to nutrient
objectives at the international border
have not been achieved. Historic loss of
wetland and upland habitat within the
Red River Basin also threatens multiple
species.
Preliminary Proposed Action and
Alternatives
NRCS will provide technical and
financial assistance for the proposed
project through the NRCS Watershed
Protection and Flood Prevention
Program. The EIS is expected to
evaluate 2 alternatives: one action
alternative or no action alternative. The
alternatives we intend to carry forward
to final analysis are:
Alternative 1—No Action: No federal
action would be taken in the North
Branch Park River Watershed and
implementation of significant flood
damage reduction or watershed
protection projects is not expected to
occur. The frequency and magnitude of
flood damages in the watershed would
remain at the current level, with average
crop losses of $876,300 annually due to
flooding. Flood damage to a total of 136
structures, including homes, schools,
and businesses in the community of
Crystal, ND, will continue to generate
average losses of $770,800 annually.
Road maintenance associated with
overtopping during floods will continue
to generate average costs of $79,500
annually. The watershed will continue
to contribute 36,412 pounds of
phosphorus and 197,533 pounds of
nitrogen to the Park River as well as the
Red River and Lake Winnipeg. Wetlands
and wildlife habitat will remain
unchanged, barring a significant change
in federal conservation programs.
Alternative 2—Cart Creek Site 1: The
preliminary proposed alternative under
consideration at Cart Creek Site 1 is a
multi-purpose, off-channel, dry dam (XE
‘‘Preferred Alternative’’) with a drainage
area of 33.8 square miles, embankment
length of 2.6 miles, maximum height of
17.3 feet, and average height of 9.7 feet.
The dam would provide 2,593 acre-feet
of temporary flood storage at the
auxiliary spillway crest elevation and
inundate 466-acres for a duration of less
than a week during flood events. A
diversion weir would be constructed in
Cart Creek and existing road ditches
would be enlarged to route flows above
a 2-year flood flow to the dam from Cart
Creek. Surface water runoff and existing
road ditches south of Cart Creek and
west of the dam would be re-routed into
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the dry dam site via construction of new
inlet structures and culverts designed to
recreate natural sheet flow conditions.
(XE ‘‘Flood Prevention’’) Within the
temporary flood pool, 134 acres of
shallow retention cells would be
constructed and managed via water
control and biomass harvest for removal
of incoming nutrient loads. Water
would be held in those cells via closed
control structures from spring through
early fall, to allow growing vegetation to
uptake dissolved phosphorus. Water
would be drained through control
structures and via a pumped subsurface
drainage system to allow vegetation to
be cut, baled, and removed from the site
prior to the first frost in 2 out of each
3 years. The alternative would also
result in restoration of 284 acres of
wetlands, enhancement of 16 acres of
existing wetlands, and enhancement of
52 acres of uplands which would be
managed for high quality wildlife
habitat via grazing as needed.
The two alternatives described above
will be evaluated against each other in
the EIS.
Summary of Expected Impacts
An NRCS evaluation of this federally
assisted action indicates that the
proposed alternative may have a
significant local, regional, national, or
international impact on the
environment. Hydrologic impacts
include peak flow reductions of 64
percent and 66 percent of the 10- and
100-year recurrence interval flood
events immediately downstream of the
retention site, and 20 percent and 28
percent of the 10- and 100-year
recurrence interval flood events at the
downstream community of Crystal, ND.
Immediately downstream of the
retention site, average annual loads of
total phosphorus, total nitrogen, and
total suspended solids are reduced by
60 percent, 66 percent, and 38 percent
respectively. The proposed alternative
would result in a total loss of 5.7 acres
of wetlands through fill placement and
excavation, which will be mitigated for
via onsite wetland restoration. The
project generates a net restoration of 284
acres of wetlands (total of 289.7 acres)
and enhances 16 acres of existing
wetlands as a result of restored
hydrology and vegetative communities,
enhancement of 18 acres of existing
wetlands that are currently cropped,
and enhancement of 52 acres upland
wildlife habitat for the benefit of
migratory birds and other wildlife
species. Short term negative impacts
during construction are anticipated to
be local only, and may occur in relation
to soils, vegetation, noise, and traffic.
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Federal Register / Vol. 87, No. 239 / Wednesday, December 14, 2022 / Notices
Anticipated Permits and Authorizations
The following permits and other
authorizations are anticipated to be
required:
• CWA Section 404 permit.
Implementation of the proposed federal
action would require a Clean Water Act
(CWA) Section 404 permit from the U.S.
Army Corps of Engineers, which is a
cooperating federal agency on the
planning effort. Consultation is ongoing
and no significant challenges are
anticipated given the overall
environmental benefits of the project.
• CWA Section 401 permit. The
project would also require water quality
certification under Section 401 of the
CWA and permitting under Section 402
of the CWA (National Pollutant
Discharge Elimination Permit), both of
which would be issued by the ND
Department of Environmental Quality, a
cooperating state agency on the
planning effort. Consultation is ongoing
and no significant challenges are
anticipated given the overall
environmental benefits of the project
and the fact this is an off-channel
retention structure.
• Permit to Construct or Modify a
Dam. The project will require
authorization from the North Dakota
Department of Water Resources (ND
DWR) for construction of a dam. ND
DWR is a cooperating state agency on
the plan and is assisting in funding for
the project.
• Water Appropriation Permit. The
project may require a conditional water
use permit from ND DWR for
construction of a dam. ND DWR is a
cooperating state agency on the plan
and is assisting in funding for the
project.
• Floodplain Permit. The project will
require a floodplain development
permit from Pembina County. Pembina
County is a cooperating local agency on
the project.
• NHPA Section 106 Consultation.
Consultation with Tribal Nations and
interested parties is being conducted as
required by the National Historic
Preservation Act of 1966.
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Schedule of Decision-Making Process
A draft (DEIS) will be prepared and
circulated for review and comment by
agencies and the public for at least 45
days per 40 CFR 1503.1, 1502.2,
1506.11, 1502.17, and 7 CFR 650.13.
The DEIS is anticipated to be published
in the Federal Register approximately 6
months after publication of this NOI. A
final EIS is anticipated to be published
within 6 months of completion of the
public comment period for the DEIS.
NRCS will then decide whether to
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implement one of the alternatives as
evaluated in the EIS. A Record of
Decision will be completed after the
required 30-day waiting period and will
be publicly available. The responsible
federal official for the NRCS is Mary
Podoll, North Dakota State
Conservationist.
Public Scoping Process
Public scoping meetings will be held
at the Cart Creek Site 1 Project to further
develop the scope of the DEIS. A
preliminary scoping meeting was held
on February 17, 2016, in Mountain, ND.
An additional scoping meeting will be
held after the NOI is published.
Comments received for both meetings,
including names and addresses of those
who comment, will be part of the public
record. The date, time, and location for
the second meeting will be provided on
the ND NRCS website, the Pembina
Water Resource District website, and
published in the Cavalier Chronicle.
NRCS will coordinate the scoping
process as provided in 36 CFR
800.2(d)(3) and 800.8 (54 U.S.C. 306108)
to help fulfill the National Historic
Preservation Act (NHPA), as amended,
review process.
Identification of Potential Alternatives,
Information, and Analyses
NRCS invites agencies, tribes, and
individuals who have special expertise,
legal jurisdiction, or interest in the Cart
Creek Site 1 Project to provide
comments concerning the scope of the
analysis and identification of potential
alternatives, information, and analyses
relevant to the Proposed Action.
Authorities
This document is published in line
with the National Environmental Policy
Act (NEPA) regulations regarding
publication of a notice of intent to issue
an environmental impact statement (40
CFR 1501.9(d)). The EIS will be
prepared to evaluate potential
environmental impacts as required by
section 102(2)(C) of the National
Environmental Policy Act of 1969
(NEPA, the Council on Environmental
Quality regulations (40 CFR parts 1500–
1508) and NRCS regulations that
implement NEPA in 7 CFR part 650.
Watershed planning is authorized under
the Watershed Protection and Flood
Prevention Act of 1954, as amended,
(Pub. L. 83–566) and the Flood Control
Act of 1944 (Pub. L. 78–534).
Federal Assistance Program
The titles and numbers of the Federal
Domestic Assistance Programs found in
the Catalog of Federal Domestic
Assistance to which Notice of Funding
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76455
Availability applies is 10.904 Watershed
Protection and Flood Prevention.
Executive Order 12372
Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs,’’ requires consultation with
State and local officials that would be
directly affected by proposed Federal
financial assistance. The objectives of
the Executive order are to foster an
intergovernmental partnership and a
strengthened federalism, by relying on
State and local processes for State and
local government coordination and
review of proposed Federal financial
assistance and direct Federal
development. This program is subject to
the provisions of Executive Order
12372, which requires
intergovernmental consultation with
State and local officials.
USDA Non-Discrimination Policy
In accordance with Federal civil
rights law and USDA civil rights
regulations and policies, USDA, its
Agencies, offices, and employees, and
institutions participating in or
administering USDA programs are
prohibited from discriminating based on
race, color, national origin, religion, sex,
gender identity (including gender
expression), sexual orientation,
disability, age, marital status, family or
parental status, income derived from a
public assistance program, political
beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or
activity conducted or funded by USDA
(not all bases apply to all programs).
Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require
alternative means of communication for
program information (for example,
braille, large print, audiotape, American
Sign Language, etc.) should contact the
responsible Agency or USDA TARGET
Center at (202) 720–2600 (voice) or dial
711 for Telecommunications Relay
Service (both voice and text telephone
users can initiate this call from any
telephone). Additionally, program
information may be made available in
languages other than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at https://
www.usda.gov/oascr/how-to-fileprogram-discrimination-complaint and
at any USDA office or write a letter
addressed to USDA and provide in the
letter all the information requested in
the form. To request a copy of the
complaint form, call (866) 632–9992.
Submit your completed form or letter to
USDA by mail: U.S. Department of
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Federal Register / Vol. 87, No. 239 / Wednesday, December 14, 2022 / Notices
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410 or email: OAC@
usda.gov. USDA is an equal opportunity
provider, employer, and lender.
Mary Podoll,
North Dakota State Conservationist, Natural
Resources Conservation Service.
[FR Doc. 2022–27077 Filed 12–13–22; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
[Docket No. NRCS–2022–0017]
Notice of Intent To Prepare an
Environmental Impact Statement for
the McGriff Lakes—Sutter Basin
Watershed Flood Control and Flood
Safety Project Sutter County,
California
Natural Resources
Conservation Service, USDA.
ACTION: Notice of intent to prepare an
environmental impact statement (EIS).
AGENCY:
The Natural Resources
Conservation Service (NRCS) California
State Office announces its intent to
prepare an EIS for the McGriff Lakes—
Sutter Basin Watershed Flood Control
and Flood Safety Project, which is
located approximately 30 miles
northwest of Sacramento in the
proximity of Knights Landing,
California. NRCS is requesting
comments to identify significant issues
and alternatives to be addressed in the
EIS from all interested individuals,
Tribes, and Federal, State and local
Agencies and jurisdictions. The EIS
process will examine alternative
solutions to modernize the existing
Karnak Drainage Facility, portions of
which are over 100 years old, to
continue to provide reliable flood
protection for the Reclamation District
No. 1500 (RD 1500) service area. The
Reclamation District service area
includes over 60,000 acres of
agricultural farmland, the community of
Robbins and surrounding rural areas,
and California State Route 113, a
designated emergency route through the
watershed. The primary purpose for this
watershed plan is to provide reliable
and long-term flood prevention and
damage reduction to the RD 1500
service area and improve public safety
and emergency access. Although the
existing Karnak Drainage Facility has
been well maintained, the required
repairs for the pump stations are
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SUMMARY:
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becoming more costly while the
reliability of the facility is decreasing
because parts needed for repair and
continued operation are no longer
available and must be custom
fabricated. The aging infrastructure and
lack of parts availability puts all land
within the RD1500 service area at risk
in the event of a significant rainfall
event. Without adequate and reliable
flood control, millions of dollars in
agricultural products would be at risk,
the designated emergency route would
be in jeopardy of flood closures, and
substantial property damage and
potential loss of life are possible in the
community of Robbins and surrounding
areas.
DATES: We will consider comments that
we receive within 30 days after date of
publication of this notice in the Federal
Register. Comments received after 30
days will be considered to the extent
possible.
ADDRESSES: We invite you to submit
comments in response to this notice.
You may submit your comments
through one of the methods below:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and search
for docket ID NRCS–2022–0017. Follow
the online instructions for submitting
comments; or
• Mail or Hand Delivery: Mr. Roger
Cornwell, RD 1500 General Manager, PO
Box 96, Robbins, CA 95676; or
• Email: commentsRD1500@
gmail.com.
For written comments, specify the
docket ID NRCS–2022–0017. All
comments received will be posted
without change and made publicly
available on www.regulation.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Ernesto A. De La Riva, telephone: (530)
792–5680; email: Ernesto.delariva@
usda.gov. In addition, for questions
related to submitting comments via RD
1500 General Manager: Mr. Roger
Cornwell at (530) 738–4423, Fax (530)
738–4327, commentsRD1500@
gmail.com, or the project website at:
https://sutterbasinwater.com/floodcontrol-flood-safety-rehabilitationproject/. Persons with disabilities who
require alternative means for
communication should contact the U.S.
Department of Agriculture (USDA)
Target Center at (202) 720–2600 (voice).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The watershed project would be
implemented as flood protection, as
authorized under sections 3 and 4 of
Public Law 83–566. The primary
purpose for this watershed plan is to
provide reliable and long-term flood
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prevention and damage reduction to the
RD 1500 service area and improve
public safety and emergency access.
Watershed planning was authorized
under Public Law 83–566, the
Watershed Protection and Flood
Prevention Act of 1954, as amended,
and Public Law 78–534, the Flood
Control Act of 1944.
RD 1500, one of the largest
reclamation districts in California, was
created by special act of the State
Legislature in 1913. It provides drainage
and flood control to an area of
approximately 67,850 acres within its
service area, including protecting the
community of Robbins and surrounding
rural residential property from flood
damage, protecting over 60,000 acres of
rural farmland from flooding, and
providing flood protection of SR 113
and other local emergency response
roadways. The project will address
issues at the Karnak Drainage Facility
which was originally built in 1914 with
two additional facilities added in 1929
and 1952. These facilities have
continued to protect the RD1500 for
over 100 years. However, they are all
past their useful service life. While
RD1500 has continued to maintain these
facilities, it has become increasingly
difficult to obtain parts and keep the
facilities functional during storm events.
The Karnak Drainage Facilities
provided flood protection for 70 YearLevel storm events from January to
March of 2017, which were the second
highest precipitation events in the last
144 years record in the northern
California area. Uncharacteristically of
the facilities, all pumping stations were
operational at the time. The Karnak
Drainage Facility was able to provide
flood reduction to approximately 31,200
acres of prime farmland within the
Sutter Basin and the community of
Robbins would have been under 5 to 6
feet of water, completely cutting off
access to SR 113, which at the time was
being use by residence of Oroville,
California as an evacuation route from
the Orville Dam crisis of February 2017.
To meet the purpose of continuing
flood protection for the Sutter Basin,
modernization of the existing Karnak
Facilities will be necessary. A
Preliminary Investigative Report (PIR),
completed by RD1500 in 2021,
investigated and studied possible
solutions to address flood protection in
the Sutter Basin. As a result of the new
information obtained during an EA
process, the level of analysis this
watershed project needs is more
extensive than anticipated during
scoping in 2021. Estimated Federal
funds required for the construction of
the proposed action may exceed $25
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]]>Agencies
[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Notices]
[Pages 76453-76456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27077]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2022-0016]
Notice of Intent To Prepare an Environmental Impact Statement for
the North Branch Park River Watershed Plan, North Dakota
AGENCY: Natural Resources Conservation Service, U.S. Department of
Agriculture.
ACTION: Notice of Intent (NOI) to Prepare an Environmental Impact
Statement (EIS).
-----------------------------------------------------------------------
SUMMARY: The Natural Resources Conservation Service (NRCS) North Dakota
State Office, announces its intent
[[Page 76454]]
to prepare an EIS for the North Branch Park River Watershed located
within Pembina, Walsh, and Cavalier Counties, North Dakota. NRCS will
examine alternative solutions through the EIS process to provide flood
damage reduction and watershed protection. NRCS is requesting comments
to identify significant issues, potential alternatives, information,
and analyses relevant to the Proposed Action from all interested
individuals, Federal and State Agencies and Tribes.
DATES: We will consider comments that we receive by January 13, 2023.
Comments received after the 30-day comment period will be considered to
the extent possible.
ADDRESSES: We invite you to submit comments in response to this notice.
You may submit your comments through one of the methods below:
Federal eRulemaking Portal: Go to https://www.regulations.gov and search for docket ID NRCS-2022-0016. Follow the
online instructions for submitting comments; or
Mail or Hand Delivery: LuAnn Kemp, Park River Joint Water
Resource District, National Resources Conservation Service, 308
Courthouse Drive #5, Cavalier, ND, 58220. In your comment, specify the
docket ID NRCS-2022-02016.
All comments received will be posted and made publicly available on
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Christi Fisher; telephone: (701) 530-
2012;2091; email: [email protected]. Persons with disabilities
who require alternative means of communication should contact USDA
Target Center at (202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The purposes of the proposed action are watershed protection and
flood damage reduction. Watershed protection goals consist of reducing
downstream nutrient loads, particularly phosphorus, and increasing
quantity and quality of critical fish and wildlife habitats. The
Watershed Project Plan is authorized under the authority of the
Watershed Protection (XE ``Watershed Protection) and Flood Prevention
Act of 1954 (Pub. L. 83-566) as amended and the Regional Conservation
Partnership Program Project (16 U.S.C. Chapter 58, Subchapter VIII).
This action is needed because the North Branch Park River Watershed
incurs $1,733,000 in average annual flood damage as a result of 4,485
acres of cropland inundation and damage to roads, buildings, and other
property. The 100-year flood inundates 136 structures, including the
community of Crystal, ND. The watershed annually contributes 36,412
pounds of phosphorus and 197,533 pounds of nitrogen to the Red River.
for which United States agreed to nutrient objectives at the
international border have not been achieved. Historic loss of wetland
and upland habitat within the Red River Basin also threatens multiple
species.
Preliminary Proposed Action and Alternatives
NRCS will provide technical and financial assistance for the
proposed project through the NRCS Watershed Protection and Flood
Prevention Program. The EIS is expected to evaluate 2 alternatives: one
action alternative or no action alternative. The alternatives we intend
to carry forward to final analysis are:
Alternative 1--No Action: No federal action would be taken in the
North Branch Park River Watershed and implementation of significant
flood damage reduction or watershed protection projects is not expected
to occur. The frequency and magnitude of flood damages in the watershed
would remain at the current level, with average crop losses of $876,300
annually due to flooding. Flood damage to a total of 136 structures,
including homes, schools, and businesses in the community of Crystal,
ND, will continue to generate average losses of $770,800 annually. Road
maintenance associated with overtopping during floods will continue to
generate average costs of $79,500 annually. The watershed will continue
to contribute 36,412 pounds of phosphorus and 197,533 pounds of
nitrogen to the Park River as well as the Red River and Lake Winnipeg.
Wetlands and wildlife habitat will remain unchanged, barring a
significant change in federal conservation programs.
Alternative 2--Cart Creek Site 1: The preliminary proposed
alternative under consideration at Cart Creek Site 1 is a multi-
purpose, off-channel, dry dam (XE ``Preferred Alternative'') with a
drainage area of 33.8 square miles, embankment length of 2.6 miles,
maximum height of 17.3 feet, and average height of 9.7 feet. The dam
would provide 2,593 acre-feet of temporary flood storage at the
auxiliary spillway crest elevation and inundate 466-acres for a
duration of less than a week during flood events. A diversion weir
would be constructed in Cart Creek and existing road ditches would be
enlarged to route flows above a 2-year flood flow to the dam from Cart
Creek. Surface water runoff and existing road ditches south of Cart
Creek and west of the dam would be re-routed into the dry dam site via
construction of new inlet structures and culverts designed to recreate
natural sheet flow conditions. (XE ``Flood Prevention'') Within the
temporary flood pool, 134 acres of shallow retention cells would be
constructed and managed via water control and biomass harvest for
removal of incoming nutrient loads. Water would be held in those cells
via closed control structures from spring through early fall, to allow
growing vegetation to uptake dissolved phosphorus. Water would be
drained through control structures and via a pumped subsurface drainage
system to allow vegetation to be cut, baled, and removed from the site
prior to the first frost in 2 out of each 3 years. The alternative
would also result in restoration of 284 acres of wetlands, enhancement
of 16 acres of existing wetlands, and enhancement of 52 acres of
uplands which would be managed for high quality wildlife habitat via
grazing as needed.
The two alternatives described above will be evaluated against each
other in the EIS.
Summary of Expected Impacts
An NRCS evaluation of this federally assisted action indicates that
the proposed alternative may have a significant local, regional,
national, or international impact on the environment. Hydrologic
impacts include peak flow reductions of 64 percent and 66 percent of
the 10- and 100-year recurrence interval flood events immediately
downstream of the retention site, and 20 percent and 28 percent of the
10- and 100-year recurrence interval flood events at the downstream
community of Crystal, ND. Immediately downstream of the retention site,
average annual loads of total phosphorus, total nitrogen, and total
suspended solids are reduced by 60 percent, 66 percent, and 38 percent
respectively. The proposed alternative would result in a total loss of
5.7 acres of wetlands through fill placement and excavation, which will
be mitigated for via onsite wetland restoration. The project generates
a net restoration of 284 acres of wetlands (total of 289.7 acres) and
enhances 16 acres of existing wetlands as a result of restored
hydrology and vegetative communities, enhancement of 18 acres of
existing wetlands that are currently cropped, and enhancement of 52
acres upland wildlife habitat for the benefit of migratory birds and
other wildlife species. Short term negative impacts during construction
are anticipated to be local only, and may occur in relation to soils,
vegetation, noise, and traffic.
[[Page 76455]]
Anticipated Permits and Authorizations
The following permits and other authorizations are anticipated to
be required:
CWA Section 404 permit. Implementation of the proposed
federal action would require a Clean Water Act (CWA) Section 404 permit
from the U.S. Army Corps of Engineers, which is a cooperating federal
agency on the planning effort. Consultation is ongoing and no
significant challenges are anticipated given the overall environmental
benefits of the project.
CWA Section 401 permit. The project would also require
water quality certification under Section 401 of the CWA and permitting
under Section 402 of the CWA (National Pollutant Discharge Elimination
Permit), both of which would be issued by the ND Department of
Environmental Quality, a cooperating state agency on the planning
effort. Consultation is ongoing and no significant challenges are
anticipated given the overall environmental benefits of the project and
the fact this is an off-channel retention structure.
Permit to Construct or Modify a Dam. The project will
require authorization from the North Dakota Department of Water
Resources (ND DWR) for construction of a dam. ND DWR is a cooperating
state agency on the plan and is assisting in funding for the project.
Water Appropriation Permit. The project may require a
conditional water use permit from ND DWR for construction of a dam. ND
DWR is a cooperating state agency on the plan and is assisting in
funding for the project.
Floodplain Permit. The project will require a floodplain
development permit from Pembina County. Pembina County is a cooperating
local agency on the project.
NHPA Section 106 Consultation. Consultation with Tribal
Nations and interested parties is being conducted as required by the
National Historic Preservation Act of 1966.
Schedule of Decision-Making Process
A draft (DEIS) will be prepared and circulated for review and
comment by agencies and the public for at least 45 days per 40 CFR
1503.1, 1502.2, 1506.11, 1502.17, and 7 CFR 650.13. The DEIS is
anticipated to be published in the Federal Register approximately 6
months after publication of this NOI. A final EIS is anticipated to be
published within 6 months of completion of the public comment period
for the DEIS. NRCS will then decide whether to implement one of the
alternatives as evaluated in the EIS. A Record of Decision will be
completed after the required 30-day waiting period and will be publicly
available. The responsible federal official for the NRCS is Mary
Podoll, North Dakota State Conservationist.
Public Scoping Process
Public scoping meetings will be held at the Cart Creek Site 1
Project to further develop the scope of the DEIS. A preliminary scoping
meeting was held on February 17, 2016, in Mountain, ND. An additional
scoping meeting will be held after the NOI is published. Comments
received for both meetings, including names and addresses of those who
comment, will be part of the public record. The date, time, and
location for the second meeting will be provided on the ND NRCS
website, the Pembina Water Resource District website, and published in
the Cavalier Chronicle.
NRCS will coordinate the scoping process as provided in 36 CFR
800.2(d)(3) and 800.8 (54 U.S.C. 306108) to help fulfill the National
Historic Preservation Act (NHPA), as amended, review process.
Identification of Potential Alternatives, Information, and Analyses
NRCS invites agencies, tribes, and individuals who have special
expertise, legal jurisdiction, or interest in the Cart Creek Site 1
Project to provide comments concerning the scope of the analysis and
identification of potential alternatives, information, and analyses
relevant to the Proposed Action.
Authorities
This document is published in line with the National Environmental
Policy Act (NEPA) regulations regarding publication of a notice of
intent to issue an environmental impact statement (40 CFR 1501.9(d)).
The EIS will be prepared to evaluate potential environmental impacts as
required by section 102(2)(C) of the National Environmental Policy Act
of 1969 (NEPA, the Council on Environmental Quality regulations (40 CFR
parts 1500-1508) and NRCS regulations that implement NEPA in 7 CFR part
650. Watershed planning is authorized under the Watershed Protection
and Flood Prevention Act of 1954, as amended, (Pub. L. 83-566) and the
Flood Control Act of 1944 (Pub. L. 78-534).
Federal Assistance Program
The titles and numbers of the Federal Domestic Assistance Programs
found in the Catalog of Federal Domestic Assistance to which Notice of
Funding Availability applies is 10.904 Watershed Protection and Flood
Prevention.
Executive Order 12372
Executive Order 12372, ``Intergovernmental Review of Federal
Programs,'' requires consultation with State and local officials that
would be directly affected by proposed Federal financial assistance.
The objectives of the Executive order are to foster an
intergovernmental partnership and a strengthened federalism, by relying
on State and local processes for State and local government
coordination and review of proposed Federal financial assistance and
direct Federal development. This program is subject to the provisions
of Executive Order 12372, which requires intergovernmental consultation
with State and local officials.
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Agencies, offices, and employees,
and institutions participating in or administering USDA programs are
prohibited from discriminating based on race, color, national origin,
religion, sex, gender identity (including gender expression), sexual
orientation, disability, age, marital status, family or parental
status, income derived from a public assistance program, political
beliefs, or reprisal or retaliation for prior civil rights activity, in
any program or activity conducted or funded by USDA (not all bases
apply to all programs). Remedies and complaint filing deadlines vary by
program or incident.
Persons with disabilities who require alternative means of
communication for program information (for example, braille, large
print, audiotape, American Sign Language, etc.) should contact the
responsible Agency or USDA TARGET Center at (202) 720-2600 (voice) or
dial 711 for Telecommunications Relay Service (both voice and text
telephone users can initiate this call from any telephone).
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-program-discrimination-complaint and at
any USDA office or write a letter addressed to USDA and provide in the
letter all the information requested in the form. To request a copy of
the complaint form, call (866) 632-9992. Submit your completed form or
letter to USDA by mail: U.S. Department of
[[Page 76456]]
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue SW, Washington, DC 20250-9410 or email:
[email protected]. USDA is an equal opportunity provider, employer, and
lender.
Mary Podoll,
North Dakota State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2022-27077 Filed 12-13-22; 8:45 am]
BILLING CODE 3410-16-P
