Notice of Intent To Prepare an Environmental Impact Statement for the Wood River Watershed, Custer County, Dawson County, Buffalo County, Hall County, and Merrick County, Nebraska, 8400-8403 [2023-02779]
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Notices
Cynthia Long,
Administrator, Food and Nutrition Service.
[FR Doc. 2023–02739 Filed 2–8–23; 8:45 am]
BILLING CODE 3410–30–C
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AD33
Information Collection; Oil and Gas
Resources
Forest Service, Agriculture
(USDA).
ACTION: Notice; request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, the
Forest Service is seeking comments
from all interested individuals and
organizations on the re-instatement of
the information collection for Oil and
Gas Resources, 0596–0101.
DATES: Comments must be received in
writing on or before April 10, 2023 to
be assured of consideration. Comments
received after that date will be
considered to the extent practicable.
ADDRESSES: Comments concerning this
notice should be addressed to USDAForest Service. Attn: Director-Minerals
and Geology Management, 1617 Cole
Boulevard, Building 17, Lakewood, CO
80401. Comments also may be
submitted via facsimile to 303–275–
5122 or Electronically: Via the Federal
eRulemaking Portal: https://
www.regulations.gov, 0596–AD33.
Comments submitted in response to
this notice may be made available to the
public through relevant websites and
upon request. For this reason, please do
not include in your comments
information of a confidential nature,
such as sensitive personal information
or proprietary information. If you send
an email comment, your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the internet. Please note
that responses to this public comment
request containing any routine notice
about the confidentiality of the
communication will be treated as public
comments that may be made available to
the public notwithstanding the
inclusion of the routine notice.
The public may request an electronic
copy of the draft supporting statement
and/or any comments received be sent
via return email. Requests should be
emailed to the contact listed in FOR
FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
Sherri Thompson, Assistant Director
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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Leasable Minerals, at 303–275–5147 or
by mail at 1617 Cole Boulevard,
Building 17, Lakewood, CO 80401.
Individuals who use telecommunication
devices for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 800–877–8339 twenty-four
hours a day, every day of the year,
including holidays.
SUPPLEMENTARY INFORMATION:
Title: Oil and Gas Resources, 36 CFR
part 228, subpart E.
OMB Number: 0596–0101.
Expiration Date of Approval: Three
years from final approval.
Type of Request: Reinstatement.
Abstract: The current rule contains
procedures the Forest Service, USDA
will use to accomplish the purposes of
the Federal Onshore Oil and Gas
Leasing Reform Act of 1987, and other
applicable mineral leasing and
environmental protection statutes, in
offering oil and gas leases and managing
the development of oil and gas
resources on National Forest System
lands. The Leasing Reform Act
authorizes the Secretary of Agriculture
to develop procedures and regulations
governing leasing for oil and gas
resources. including bonding and
reclamation requirements, within the
National Forest System. This authority
was formerly exercised by the Bureau of
Land Management. These regulations
achieve our primary objectives of
ensuring effective compliance with all
applicable environmental protection
statutes, as most recently construed by
the Federal Courts, in conjunction with
meeting the intent of Congress codified
in the Leasing Reform Act. These
regulations have been designed to work
in coordination with similar regulations
of the Department of the Interior, and to
promote a cooperative process between
the Federal agencies, the oil and gas
industry, and members of the public
who are interested in the management
of Federal lands and resources.
Estimate of Annual Burden: 30
Minutes.
Type of Respondents: Public.
Estimated Annual Number of
Respondents: 2,250.
Estimated Annual Number of
Responses per Respondent: 2,250.
Estimated Total Annual Burden on
Respondents: 1,125 hours.
Comment Is Invited
Comment is invited on: (1) whether
this collection of information is
necessary for the stated purposes and
the proper performance of the functions
of the Agency, including whether the
information will have practical or
scientific utility; (2) the accuracy of the
Agency’s estimate of the burden of the
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collection of information, including the
validity of the methodology and
assumptions used; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including the use of
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology.
All comments received in response to
this notice, including names and
addresses when provided, will be a
matter of public record. Comments will
be summarized and included in the
submission request toward Office of
Management and Budget approval.
Date: February 2, 2023.
Troy Heithecker,
Associate Deputy Chief, National Forest
System.
[FR Doc. 2023–02663 Filed 2–8–23; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
[Docket No. NRCS–2023–0001]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Wood River Watershed, Custer
County, Dawson County, Buffalo
County, Hall County, and Merrick
County, Nebraska
Natural Resources
Conservation Service, USDA.
ACTION: Notice of intent to prepare an
environmental impact statement (EIS).
AGENCY:
The Natural Resources
Conservation Service (NRCS) Nebraska
State Office announces its intent to
prepare an EIS for the Wood River
Watershed Project in the proximity of
Oconto, Nebraska, downstream to Grand
Island, Nebraska. The EIS process will
examine the potential impacts of
alternative solutions to reduce flood risk
and damages caused by flooding to the
communities and agricultural lands
throughout the watershed. 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 March 13, 2023.
Comments received after the close of the
comment period will be considered to
the extent possible.
SUMMARY:
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Notices
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–2023–0001. Follow
the online instructions for submitting
comments; or
• Mail or Hand Delivery: John
Petersen, Project Manager, JEO
Consulting Group, 11213 Davenport
Street, Ste. 200, Omaha, NE 68154. For
written comments, specify the docket ID
NRCS–2023–0001.
All comments received will be posted
without change and made publicly
available on www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Contact Britt Weiser, telephone: (402)
437–4116; email: Britt.Weiser@usda.gov,
for information regarding general NRCS
policy; or John Petersen, telephone:
(402) 392–9923, email: jpetersen@
jeo.com for information specific to the
Wood River Watershed Project; or visit
the project website at: https://
tinyurl.com/3k6ukz7w.
Individuals who require alternative
means for communication should
contact the U.S. Department of
Agriculture (USDA) Target Center at
(202) 720–2600 (voice and text
telephone (TTY)) or dial 711 for
Telecommunications Relay service (both
voice and text telephone users can
initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
ADDRESSES:
khammond on DSKJM1Z7X2PROD with NOTICES
Purpose and Need
The primary purpose for watershed
planning and preparation of this EIS is
to provide flood prevention or flood risk
reduction measures to the communities
and agricultural lands in the Wood
River Watershed located in the
jurisdiction of the Central Platte Natural
Resources District (CPNRD) across
portions of Custer, Dawson, Buffalo,
Hall, and Merrick Counties in southcentral Nebraska. The purposes of
watershed planning are authorized by
the Watershed Protection and Flood
Prevention Act of 1954, (Pub. L. 83–566)
as amended, and the Flood Control Act
of 1944 (Pub. L. 78–534).
Action is needed because areas of the
Wood River Watershed have
experienced repeated and damaging
flooding, including major floods in
1967, 2005, and 2019. The Wood River
Watershed experiences both flash and
riverine floods from the Wood River and
various tributaries. Flood damages are
exacerbated by the high groundwater
table in the region. Outside of the Wood
River Watershed’s communities, the
majority of land is used for row-crop
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agriculture. Flood damages to cropland
and pasture occur due to inundation,
sediment deposition, scour, and erosion.
The earliest recorded flood impacted
the watershed in 1883, and recurring
floods have been reported throughout
the 1940s to present day. The most
extensive flood event occurred in 1967
when the Wood River overflowed its
banks following a rainfall of over 10
inches. The Wood River inundated the
City of Grand Island, killing three
people and damaging approximately
1,800 buildings. In 2004 a levee and
diversion channel were constructed to
protect the City of Grand Island from
high flows in the Wood River. This
system was put to the test in 2005 when
it successfully protected the City of
Grand Island.
In 2005 a severe thunderstorm
dropped 11 inches of rain near the City
of Wood River, resulting in a flash flood
and the evacuation of a dozen homes. It
was estimated that every structure in the
City of Wood River sustained some sort
of storm or flood damage following the
event. In total, the 2005 flash flood
caused $10 million in damages.
The Wood River Watershed
experienced severe flooding in 2019
during a bomb cyclone event in March,
and then later flooding in July. In the
City of Wood River, more than 350
homes were flooded in March 2019,
with almost 60 of those having some
sort of structural damage. In the City of
Gibbon, the Wood River crested at a
record high of 17.4 feet on March 14,
2019. This resulted in much of Gibbon
being flooded both north and south of
Highway 30.
Preliminary Proposed Action and
Alternatives
The proposed action may include a
variety of measures that will meet the
purpose and need of reducing flood risk
and damages to the Wood River
Watershed. These measures may be both
structural and non-structural, including
channel widening, construction of
diversion channels, construction of
levees, construction of detention cells,
stream restoration and construction of
wetlands, installation of upland
conservation measures, construction of
dams, property acquisition and
demolition, property relocation,
floodproofing of structures, floodplain
regulation and zoning, and interior
drainage or storm sewer system
improvements.
The EIS objective is to formulate and
evaluate alternatives for flood
prevention or flood damage reduction in
the Wood River Watershed. Preliminary
investigation has determined that one or
a combination of the following
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alternatives are the most likely to be
effective and should be considered for
further evaluation:
Proposed Action Alternative 1:
Diversion Channel
This alternative involves the
construction of a new diversion channel
combined with berms to intercept and
re-route high flows from the Wood River
south to the Platte River. West of
Gibbon, there is a location where the
Wood River meanders nearly adjacent to
Highway 30. This would be an optimum
location to divert flood waters to the
south, underneath Interstate 80, and
into the Platte River. A diversion
channel of this size would entail
excavating a new, properly sized
channel approximately 20,000 feet in
length and lined on both sides by berms
to retain flows within the channel. The
diversion channel would need to cross
Highway 30, the Union Pacific Railroad,
and both the eastbound and westbound
lanes of Interstate 80, to reach the Platte
River. This alternative would be
effective at reducing flood risk for
Gibbon and all other downstream
communities impacted by the Wood
River.
Proposed Action Alternative 2: Levees
A levee running adjacent and through
the north end of Gibbon directly south
of the Wood River would potentially
protect the community from flood
waters overflowing the southern bank of
the Wood River. The levee would need
to be approximately 7,200 feet long and
tie into the Highway 30 embankment on
both sides of Gibbon. Depending on the
level of protection, the levee would
range from approximately 5 to 10 feet
tall. Currently, the levee is sized to
protect Gibbon from the 50-year event.
A higher level of protection is possible,
but would require raising the Highway
30 grade where the levee ties in. A
closure section between the Union
Pacific Railroad and Highway 30
embankment might also be needed to
keep water from flowing in the ditch.
Constructing a levee along the north
side of Gibbon between existing housing
structures and the industrial processing
facility would be challenging. It would
require property acquisition and
demolition. The final footprint of the
levee can be adjusted based on real
estate or property issues.
A levee on the north side of Wood
River would protect the city from
flooding up a selected level of design.
Currently, the proposed Wood River
north levee will protect the city from a
50-year event. This levee would be 8 to
10 feet tall and tie into the Highway 30
embankment. The level of protection is
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Notices
limited by the elevation of the Highway.
Adding a grade raise to the highway
where the levee ties in or continuing the
levee south of the Highway could
potentially increase the level of
projection up the 100-year flood event.
Further analysis and modeling are
needed to properly locate and size this
levee.
Proposed Action Alternative 3:
Detention Cells
This alternative includes surface
storage located south of the City of
Wood River and Highway 30. The
subbasins to the south of Highway 30
flood primarily agricultural land with
shallow overland flow. These flows
eventually combine with the main
channel of the Wood River south of
Alda. These subbasin flows contribute
to some shallow flooding along the
entire southern extent of the Lower
Wood River Watershed. There is ample
room for detention storage south of
Wood River, just north of Interstate 80.
This would lower peak flows when the
main channel combines near Alda and
provide flooding relief for agricultural
lands. It is possible to lower the level of
protection by reducing storage, which
could dramatically reduce construction
costs. Optimizing the size and locations
of this alternative to determine optimum
economic benefit needs to be performed.
This includes determining if this option
is beneficial with different
combinations, and the optimal location
and configuration of a detention cell
along with flow paths. The detention
cell would also have the potential for
environmental benefits, such as habitat
for threatened and endangered species.
khammond on DSKJM1Z7X2PROD with NOTICES
Proposed Action Alternative 4: Single
Dam or Multiple Dams
This alternative consists of
constructing one large dam or multiple
dams in the Upper and Lower Wood
River Watersheds along contributing
subbasins to retain floodwaters and
reduce flood risk in the downstream
communities.
Summary of Expected Impacts
Early agency scoping of this federally
assisted action indicates that proposed
alternatives may have significant local,
regional, or national impacts on the
environment. Potential impacts include
wetland and flood plain alteration due
to the construction of these proposed
alternatives. Potential realignment or
raising of roads and railroads could
occur, depending on the location of the
proposed alternatives. The levees would
impact several dozen property owners
and businesses. The proposed action
would reduce flood damage to
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structures and infrastructure in Gibbon
and Wood River. Other actions, like the
detention cells, may improve wildlife
habitat.
NRCS will coordinate with other
federal agencies throughout the
planning process to ensure the proper
measures are being taken to avoid and
minimize impacts before considering
mitigation. Conservation measures will
be considered to avoid and minimize
environmental impacts by
implementing best management
practices.
Anticipated Permits and Authorizations
The following permits and other
authorizations are anticipated to be
required:
• Clean Water Act (CWA) Section 404
Permit: Proposed Action may require
permit from the U.S. Army Corps of
Engineers;
• CWA Section 402 Permit: Project
may require National Pollutant
Discharge Elimination System Permit;
and
• Dam Safety and Floodplain Permits:
Local dam safety and floodplain permits
may be required depending on the final
alternatives selected.
Schedule of Decision-Making Process
A Draft EIS (DEIS) will be prepared
and circulated for review and comment
by agencies, Tribes, consulting parties,
and the public as required by 40 CFR
1503.1, 1502.20, 1506.11, 1502.17, and
7 CFR 650.13. DEIS is anticipated to be
complete and available for public
review within 18 months of publication
of this document. Once DEIS is
completed, a Notice of Availability
(NOA) will be published in the Federal
Register and a public review period of
45 days will be provided. Comments on
DEIS will be addressed in the Final EIS.
A subsequent NOA will be published in
the Federal Register indicating the
availability of the Final EIS. A Final EIS
is anticipated to be published within 5
months of completion of the public
comment period for the DEIS. After a
30-day review period, the Record of
Decision (ROD) will be signed by the
decision maker and responsible federal
official for the project, the NRCS
Nebraska State Conservationist, Mr.
Robert Lawson. The ROD will be made
available to the public. Based on the
analysis, NRCS will decide whether to
provide financial assistance to the
CPNRD to implement the preferred
alternative identified in the Final EIS.
Public Scoping Process
An initial public scoping meeting was
held virtually via Microsoft Teams on
August 18, 2020, to present the project
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and develop the scope of the draft
environmental assessment. Scoping
meeting presentation materials,
including a video recording of the
meeting, is available on the project
website, along with project background
information: https://tinyurl.com/
3k6ukz7w.
This meeting involved a project
presentation followed by a group
question-and-answer period. Project
team members were available for
discussion of individual questions.
Scoping provides the ability for the
public to provide input on the kinds of
issues that should be addressed, what
alternatives should be considered,
impacts and additional research that
should be considered, and any actions
that could be related to the project.
A second public meeting will be
conducted after DEIS is completed.
Comments received, including the
names and addresses of those who
comment, will be part of the public
record. The date, time, and locations of
future scoping meetings will be
announced on the project website, the
sponsor’s website, Nebraska NRCS
social media, and published in the local
newspaper.
Identification of Potential Alternatives,
Information, and Analyses
NRCS invites agencies, Tribes,
consulting parties, and individuals who
have special expertise, legal
jurisdiction, or interest in the Wood
River Watershed Project to provide
comments concerning the scope of the
analysis and identification of relevant
information and studies. All interested
parties are invited to provide input
related to the identification of potential
alternatives, information, and analyses
relevant to the Proposed Action in
writing or during a public scoping
meeting.
NRCS will coordinate the scoping
process to correspond with any required
National Historic Preservation Act
(NHPA) processes, as allowed in 36 CFR
800.2(d)(3) and 800.8 (54 U.S.C.
306108). The information about historic
and cultural resources within the area
potentially affected by the proposed
project will assist NRCS in identifying
and evaluating impacts to such
resources in the context of both National
Environmental Policy Act (NEPA) and
NHPA.
NRCS will consult with Native
American tribes on a government-togovernment basis in accordance with 36
CFR 800.2 and 800.3, Executive Order
13175, and other policies. Tribal
concerns, including impacts on Indian
trust assets and potential impacts to
cultural resources and historic
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Notices
properties, will be given due
consideration.
Authorities
This document is published as
required by the NEPA regulations
regarding publication of a notice of
intent to issue an environmental impact
statement (40 CFR 1501.9(d)). This EIS
will be prepared to evaluate potential
environmental impacts as required by
NEPA section 102(2)(C); 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 Programs
The title and number of the Federal
assistance program in the Catalog of
Federal Domestic Assistance to which
this Notice of Funding Availability
applies is 10.904 Watershed Protection
and Flood Prevention.
Executive Order 12372
khammond on DSKJM1Z7X2PROD with NOTICES
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.
Remedies and complaint filing
deadlines vary by program or incident.
Individuals 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 and
TTY) or dial 711 for
Telecommunicaions Relay Service (both
voice and text telephone users can
initiate this call from any phone).
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-aprogram-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 to U.S. Department of
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.
Robert D. Lawson,
Nebraska State Conservationist, Natural
Resources Conservation Service.
[FR Doc. 2023–02779 Filed 2–8–23; 8:45 am]
BILLING CODE 3410–16–P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meetings of the Puerto
Rico Advisory Committee to the U.S.
Commission on Civil Rights;
Corrections
USDA Non-Discrimination Policy
AGENCY:
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).
ACTION:
VerDate Sep<11>2014
16:28 Feb 08, 2023
Jkt 259001
Commission on Civil Rights.
Notice: corrections.
The Commission on Civil
Rights published a notice in the Federal
Register of Thursday, January 26, 2023,
concerning a meeting of the Puerto Rico
Advisory Committee. The notice is in
the Federal Register of Thursday,
January 26, 2023, in FR Doc. 2023–
01513, in the second and third columns
of page 4965. The document contained
incorrect Zoom information. The correct
Zoom information is as follows:
DATES: February 13, 2023, Monday, at
3:30 p.m. (AT):
ADDRESSES: Meeting will be held via
Zoom.
SUMMARY:
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Meeting Link (Audio/Visual): https://
tinyurl.com/4fa77wme; password, if
needed: USCCR–PR
Join by Phone (Audio Only): 1–551–
285–1373; Meeting ID: 161 911 8291#
FOR FURTHER INFORMATION CONTACT:
Victoria Moreno, at vmoreno@usccr.gov
or by phone at 434–515–0204.
Dated: February 6, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–02775 Filed 2–8–23; 8:45 am]
BILLING CODE P
COMMISSION ON CIVIL RIGHTS
Notice of Public Meetings of the
Kansas Advisory Committee
U.S. Commission on Civil
Rights.
ACTION: Announcement of meeting.
AGENCY:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission) and the
Federal Advisory Committee Act that
the Kansas Advisory Committee
(Committee) will hold a meeting via
Zoom conference on,Tuesday February
28, 2023 at 3:00 p.m.–4:30 p.m. Central
Time. The purpose of the meetings is for
the committee to discuss potential
topics and panelists for the upcoming
briefing(s).
SUMMARY:
The meeting will be held on
Tuesday, February 28, 2023:
ADDRESSES:
Join ZoomGov Meeting, https://
www.zoomgov.com/j/1613455088.
Telephone Audio Only (833) 435–
1820 Toll Free; Meeting ID: 161 345
5088.
DATES:
FOR FURTHER INFORMATION CONTACT:
David Barreras, Designated Federal
Officer, at dbarreras@usccr.gov or (202)
656–8937.
SUPPLEMENTARY INFORMATION: Members
of the public may listen to this
discussion through the above call-in
number. An open comment period will
be provided to allow members of the
public to make a statement as time
allows. Callers can expect to incur
regular charges for calls they initiate
over wireless lines, according to their
wireless plan. The Commission will not
refund any incurred charges.
Individuals who are deaf, deafblind and
hard of hearing may also follow the
proceedings by first calling the Federal
Relay Service at 1–800–877–8339 and
providing the Service with the
conference call number and conference
ID number.
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]]>Agencies
[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Notices]
[Pages 8400-8403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02779]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2023-0001]
Notice of Intent To Prepare an Environmental Impact Statement for
the Wood River Watershed, Custer County, Dawson County, Buffalo County,
Hall County, and Merrick County, Nebraska
AGENCY: Natural Resources Conservation Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement
(EIS).
-----------------------------------------------------------------------
SUMMARY: The Natural Resources Conservation Service (NRCS) Nebraska
State Office announces its intent to prepare an EIS for the Wood River
Watershed Project in the proximity of Oconto, Nebraska, downstream to
Grand Island, Nebraska. The EIS process will examine the potential
impacts of alternative solutions to reduce flood risk and damages
caused by flooding to the communities and agricultural lands throughout
the watershed. 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 March 13, 2023.
Comments received after the close of the comment period will be
considered to the extent possible.
[[Page 8401]]
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-2023-0001. Follow the
online instructions for submitting comments; or
Mail or Hand Delivery: John Petersen, Project Manager, JEO
Consulting Group, 11213 Davenport Street, Ste. 200, Omaha, NE 68154.
For written comments, specify the docket ID NRCS-2023-0001.
All comments received will be posted without change and made
publicly available on www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Contact Britt Weiser, telephone: (402)
437-4116; email: [email protected], for information regarding
general NRCS policy; or John Petersen, telephone: (402) 392-9923,
email: [email protected] for information specific to the Wood River
Watershed Project; or visit the project website at: https://tinyurl.com/3k6ukz7w.
Individuals who require alternative means for communication should
contact the U.S. Department of Agriculture (USDA) Target Center at
(202) 720-2600 (voice and text telephone (TTY)) or dial 711 for
Telecommunications Relay service (both voice and text telephone users
can initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The primary purpose for watershed planning and preparation of this
EIS is to provide flood prevention or flood risk reduction measures to
the communities and agricultural lands in the Wood River Watershed
located in the jurisdiction of the Central Platte Natural Resources
District (CPNRD) across portions of Custer, Dawson, Buffalo, Hall, and
Merrick Counties in south-central Nebraska. The purposes of watershed
planning are authorized by the Watershed Protection and Flood
Prevention Act of 1954, (Pub. L. 83-566) as amended, and the Flood
Control Act of 1944 (Pub. L. 78-534).
Action is needed because areas of the Wood River Watershed have
experienced repeated and damaging flooding, including major floods in
1967, 2005, and 2019. The Wood River Watershed experiences both flash
and riverine floods from the Wood River and various tributaries. Flood
damages are exacerbated by the high groundwater table in the region.
Outside of the Wood River Watershed's communities, the majority of land
is used for row-crop agriculture. Flood damages to cropland and pasture
occur due to inundation, sediment deposition, scour, and erosion.
The earliest recorded flood impacted the watershed in 1883, and
recurring floods have been reported throughout the 1940s to present
day. The most extensive flood event occurred in 1967 when the Wood
River overflowed its banks following a rainfall of over 10 inches. The
Wood River inundated the City of Grand Island, killing three people and
damaging approximately 1,800 buildings. In 2004 a levee and diversion
channel were constructed to protect the City of Grand Island from high
flows in the Wood River. This system was put to the test in 2005 when
it successfully protected the City of Grand Island.
In 2005 a severe thunderstorm dropped 11 inches of rain near the
City of Wood River, resulting in a flash flood and the evacuation of a
dozen homes. It was estimated that every structure in the City of Wood
River sustained some sort of storm or flood damage following the event.
In total, the 2005 flash flood caused $10 million in damages.
The Wood River Watershed experienced severe flooding in 2019 during
a bomb cyclone event in March, and then later flooding in July. In the
City of Wood River, more than 350 homes were flooded in March 2019,
with almost 60 of those having some sort of structural damage. In the
City of Gibbon, the Wood River crested at a record high of 17.4 feet on
March 14, 2019. This resulted in much of Gibbon being flooded both
north and south of Highway 30.
Preliminary Proposed Action and Alternatives
The proposed action may include a variety of measures that will
meet the purpose and need of reducing flood risk and damages to the
Wood River Watershed. These measures may be both structural and non-
structural, including channel widening, construction of diversion
channels, construction of levees, construction of detention cells,
stream restoration and construction of wetlands, installation of upland
conservation measures, construction of dams, property acquisition and
demolition, property relocation, floodproofing of structures,
floodplain regulation and zoning, and interior drainage or storm sewer
system improvements.
The EIS objective is to formulate and evaluate alternatives for
flood prevention or flood damage reduction in the Wood River Watershed.
Preliminary investigation has determined that one or a combination of
the following alternatives are the most likely to be effective and
should be considered for further evaluation:
Proposed Action Alternative 1: Diversion Channel
This alternative involves the construction of a new diversion
channel combined with berms to intercept and re-route high flows from
the Wood River south to the Platte River. West of Gibbon, there is a
location where the Wood River meanders nearly adjacent to Highway 30.
This would be an optimum location to divert flood waters to the south,
underneath Interstate 80, and into the Platte River. A diversion
channel of this size would entail excavating a new, properly sized
channel approximately 20,000 feet in length and lined on both sides by
berms to retain flows within the channel. The diversion channel would
need to cross Highway 30, the Union Pacific Railroad, and both the
eastbound and westbound lanes of Interstate 80, to reach the Platte
River. This alternative would be effective at reducing flood risk for
Gibbon and all other downstream communities impacted by the Wood River.
Proposed Action Alternative 2: Levees
A levee running adjacent and through the north end of Gibbon
directly south of the Wood River would potentially protect the
community from flood waters overflowing the southern bank of the Wood
River. The levee would need to be approximately 7,200 feet long and tie
into the Highway 30 embankment on both sides of Gibbon. Depending on
the level of protection, the levee would range from approximately 5 to
10 feet tall. Currently, the levee is sized to protect Gibbon from the
50-year event. A higher level of protection is possible, but would
require raising the Highway 30 grade where the levee ties in. A closure
section between the Union Pacific Railroad and Highway 30 embankment
might also be needed to keep water from flowing in the ditch.
Constructing a levee along the north side of Gibbon between existing
housing structures and the industrial processing facility would be
challenging. It would require property acquisition and demolition. The
final footprint of the levee can be adjusted based on real estate or
property issues.
A levee on the north side of Wood River would protect the city from
flooding up a selected level of design. Currently, the proposed Wood
River north levee will protect the city from a 50-year event. This
levee would be 8 to 10 feet tall and tie into the Highway 30
embankment. The level of protection is
[[Page 8402]]
limited by the elevation of the Highway. Adding a grade raise to the
highway where the levee ties in or continuing the levee south of the
Highway could potentially increase the level of projection up the 100-
year flood event. Further analysis and modeling are needed to properly
locate and size this levee.
Proposed Action Alternative 3: Detention Cells
This alternative includes surface storage located south of the City
of Wood River and Highway 30. The subbasins to the south of Highway 30
flood primarily agricultural land with shallow overland flow. These
flows eventually combine with the main channel of the Wood River south
of Alda. These subbasin flows contribute to some shallow flooding along
the entire southern extent of the Lower Wood River Watershed. There is
ample room for detention storage south of Wood River, just north of
Interstate 80. This would lower peak flows when the main channel
combines near Alda and provide flooding relief for agricultural lands.
It is possible to lower the level of protection by reducing storage,
which could dramatically reduce construction costs. Optimizing the size
and locations of this alternative to determine optimum economic benefit
needs to be performed. This includes determining if this option is
beneficial with different combinations, and the optimal location and
configuration of a detention cell along with flow paths. The detention
cell would also have the potential for environmental benefits, such as
habitat for threatened and endangered species.
Proposed Action Alternative 4: Single Dam or Multiple Dams
This alternative consists of constructing one large dam or multiple
dams in the Upper and Lower Wood River Watersheds along contributing
subbasins to retain floodwaters and reduce flood risk in the downstream
communities.
Summary of Expected Impacts
Early agency scoping of this federally assisted action indicates
that proposed alternatives may have significant local, regional, or
national impacts on the environment. Potential impacts include wetland
and flood plain alteration due to the construction of these proposed
alternatives. Potential realignment or raising of roads and railroads
could occur, depending on the location of the proposed alternatives.
The levees would impact several dozen property owners and businesses.
The proposed action would reduce flood damage to structures and
infrastructure in Gibbon and Wood River. Other actions, like the
detention cells, may improve wildlife habitat.
NRCS will coordinate with other federal agencies throughout the
planning process to ensure the proper measures are being taken to avoid
and minimize impacts before considering mitigation. Conservation
measures will be considered to avoid and minimize environmental impacts
by implementing best management practices.
Anticipated Permits and Authorizations
The following permits and other authorizations are anticipated to
be required:
Clean Water Act (CWA) Section 404 Permit: Proposed Action
may require permit from the U.S. Army Corps of Engineers;
CWA Section 402 Permit: Project may require National
Pollutant Discharge Elimination System Permit; and
Dam Safety and Floodplain Permits: Local dam safety and
floodplain permits may be required depending on the final alternatives
selected.
Schedule of Decision-Making Process
A Draft EIS (DEIS) will be prepared and circulated for review and
comment by agencies, Tribes, consulting parties, and the public as
required by 40 CFR 1503.1, 1502.20, 1506.11, 1502.17, and 7 CFR 650.13.
DEIS is anticipated to be complete and available for public review
within 18 months of publication of this document. Once DEIS is
completed, a Notice of Availability (NOA) will be published in the
Federal Register and a public review period of 45 days will be
provided. Comments on DEIS will be addressed in the Final EIS. A
subsequent NOA will be published in the Federal Register indicating the
availability of the Final EIS. A Final EIS is anticipated to be
published within 5 months of completion of the public comment period
for the DEIS. After a 30-day review period, the Record of Decision
(ROD) will be signed by the decision maker and responsible federal
official for the project, the NRCS Nebraska State Conservationist, Mr.
Robert Lawson. The ROD will be made available to the public. Based on
the analysis, NRCS will decide whether to provide financial assistance
to the CPNRD to implement the preferred alternative identified in the
Final EIS.
Public Scoping Process
An initial public scoping meeting was held virtually via Microsoft
Teams on August 18, 2020, to present the project and develop the scope
of the draft environmental assessment. Scoping meeting presentation
materials, including a video recording of the meeting, is available on
the project website, along with project background information: https://tinyurl.com/3k6ukz7w.
This meeting involved a project presentation followed by a group
question-and-answer period. Project team members were available for
discussion of individual questions. Scoping provides the ability for
the public to provide input on the kinds of issues that should be
addressed, what alternatives should be considered, impacts and
additional research that should be considered, and any actions that
could be related to the project.
A second public meeting will be conducted after DEIS is completed.
Comments received, including the names and addresses of those who
comment, will be part of the public record. The date, time, and
locations of future scoping meetings will be announced on the project
website, the sponsor's website, Nebraska NRCS social media, and
published in the local newspaper.
Identification of Potential Alternatives, Information, and Analyses
NRCS invites agencies, Tribes, consulting parties, and individuals
who have special expertise, legal jurisdiction, or interest in the Wood
River Watershed Project to provide comments concerning the scope of the
analysis and identification of relevant information and studies. All
interested parties are invited to provide input related to the
identification of potential alternatives, information, and analyses
relevant to the Proposed Action in writing or during a public scoping
meeting.
NRCS will coordinate the scoping process to correspond with any
required National Historic Preservation Act (NHPA) processes, as
allowed in 36 CFR 800.2(d)(3) and 800.8 (54 U.S.C. 306108). The
information about historic and cultural resources within the area
potentially affected by the proposed project will assist NRCS in
identifying and evaluating impacts to such resources in the context of
both National Environmental Policy Act (NEPA) and NHPA.
NRCS will consult with Native American tribes on a government-to-
government basis in accordance with 36 CFR 800.2 and 800.3, Executive
Order 13175, and other policies. Tribal concerns, including impacts on
Indian trust assets and potential impacts to cultural resources and
historic
[[Page 8403]]
properties, will be given due consideration.
Authorities
This document is published as required by the NEPA regulations
regarding publication of a notice of intent to issue an environmental
impact statement (40 CFR 1501.9(d)). This EIS will be prepared to
evaluate potential environmental impacts as required by NEPA section
102(2)(C); 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 Programs
The title and number of the Federal assistance program in the
Catalog of Federal Domestic Assistance to which this 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.
Individuals 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 and TTY) or dial 711 for
Telecommunicaions Relay Service (both voice and text telephone users
can initiate this call from any phone). 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-a-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 to U.S. Department of 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.
Robert D. Lawson,
Nebraska State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2023-02779 Filed 2-8-23; 8:45 am]
BILLING CODE 3410-16-P
