Notice of Intent To Prepare an Environmental Impact Statement for the Graveyard Wash Flood Retarding Structure Assessment, Graham County, Arizona, 10079-10080 [2023-03268]
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Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Notices
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
[Docket No. NRCS–2023–0002]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Graveyard Wash Flood Retarding
Structure Assessment, Graham
County, Arizona
Natural Resources
Conservation Service, USDA.
ACTION: Notice of intent (NOI) to prepare
an Environmental Impact Statement
(EIS).
AGENCY:
The Natural Resources
Conservation Service (NRCS) Arizona
State Office announces its intent to
prepare an EIS for the Graveyard Wash
Flood Retarding Structure Assessment
located within the Frye Creek—Stockton
Wash Watershed in Graham County,
Arizona. NRCS will examine alternative
solutions through the EIS to bring the
Graveyard Wash flood retarding
structure (FRS) into compliance with
current Federal and State standards. The
EIS will also serve as the necessary
environmental documentation for any
cooperating agencies and contact with
potential cooperating agencies will be
initiated. 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 20, 2023.
Comments received after close of
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–2023–0002. Follow
the online instructions for submitting
comments; or
• Mail or Hand Delivery: Jones and
DeMille Engineering, Attn: Jenna
Jorgensen, 1535 S 100 W, Richfield, UT
84701. In your comment, specify the
docket ID NRCS–2023–0002.
All comments received will be posted
and made publicly available on
www.regulations.gov.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
Greg
Wahl; telephone: (928) 864–5533; email:
greg.wahl@usda.gov. Individuals who
require alternative means for
communication should contact USDA
Target Center at (202) 720–2600 (voice).
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
16:51 Feb 15, 2023
Jkt 259001
Purpose and Need
The primary purpose for watershed
planning is to preserve flood protection
downstream of the Graveyard Wash
FRS. Specifically, to reduce the risk of
flooding to residences, commercial
buildings, schools, the hospital,
shopping centers, and agricultural areas,
canals and irrigation systems, and
transportation corridors (road and
railway) in the Frye Creek—Stockton
Wash Watershed in Graham County,
Arizona. Watershed planning is
authorized under 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).
Recent assessments indicate that the
dam and appurtenances do not meet
current NRCS and Arizona Dam Safety
standards. Action is needed to bring the
dam and spillway facilities into
compliance with current standards and
to continue to protect property from
flooding. Estimated Federal funds
required for the construction of the
proposed action (described below)
would exceed $25 million and the
proposed action will therefore require
an EIS as specified in 7 CFR 650.7(a)(2).
Preliminary Proposed Action and
Alternatives
The Frye Creek—Stockton Wash
Watershed-focused planning area is
approximately 240 square miles. NRCS
will provide technical and financial
assistance for the proposed project
(described below) through the NRCS
Watershed Protection and Flood
Prevention Program. NRCS will also
design and implement a selected
alternative. The EIS is expected to
evaluate three alternatives: two action
alternatives or no action alternative. The
alternatives we intend to carry forward
in the analysis are:
Alternative 1—No Action: Taking no
action would consist of activities carried
out if no Federal action or funding were
provided. The sponsor’s course of action
would be to bring the dam into
compliance with Arizona Dam Safety
requirements, but not necessarily NRCS
standards.
Alternative 2—Full Dam
Rehabilitation with Structural Spillway
Alternative (Proposed Action). The
proposed action is to rehabilitate the
dam to maintain flood prevention below
the dam and to bring the dam into
compliance with NRCS and Arizona
Dam Safety standards for a 100-year
design life. Rehabilitation will consist of
raising the embankment crest and
lengthening the embankment to meet
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
10079
minimum design storm requirements.
Segments of the embankment with
unsuitable soils will be reconstructed.
The principal spillway will also be
lengthened, which may require
reconstruction of the inlet, outlet, or
both of the spillway. The existing
auxiliary spillway will be replaced with
a structural spillway and stilling basin
designed to pass minimum design storm
requirements and to improve flood
protection for the 100-year storm event.
Alternative 3—Full Dam
Rehabilitation with Earthen Spillway
Alternative. The proposed action is to
rehabilitate the dam as described in
Alternative 2. The difference will be the
existing earthen auxiliary spillway will
be reconstructed to a width of 400 feet,
regraded, and reinforced as needed to
pass minimum design storm
requirements and to improve flood
protection for the 100-year storm event.
Also, the proposed action that would
occur, any cooperating agencies could
adopt this EIS as their NEPA.
Summary of Expected Impacts
An NRCS evaluation of this federally
assisted action indicates that proposed
alternatives may have local, regional, or
national impacts on the environment.
Potential impacts include flood plain
alteration due to the construction of a
new dam. Potential realignment of roads
or utilities could occur, depending on
the chosen alternative. Long-term
beneficial impacts will occur with flood
protection mitigating loss of life and
property within the community. An
NRCS evaluation of this federally
assisted action indicates that proposed
alternatives may trigger NRCS cost share
policies when the Federal share of the
construction costs exceed $25 million
dollars.
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 may require a Clean Water Act
(CWA) section 404 permit from the U.S.
Army Corps of Engineers. Permitting
with the U.S. Army Corps of Engineers
regarding potential impacts will be
finalized prior to final design and
construction.
• CWA Section 401 Permit. The
project may also require water quality
certification under section 401 of the
CWA and permitting under Section 402
of the CWA (National Pollutant
Discharge Elimination System Permit).
• Dam Safety and Floodplain Permit.
Local dam safety and floodplain permits
will be required.
E:\FR\FM\16FEN1.SGM
16FEN1
10080
Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Notices
• NHPA Section 106 Consultation.
Consultation with Tribal Nations and
interested parties will be conducted as
required by the National Historic
Preservation Act of 1966 (as amended)
(16 U.S.C. 470f).
• Endangered Species Act (ESA)
Consultation. Consultation with the
USFWS is being conducted as required
by the Endangered Species Act of 1973.
Schedule of Decision-Making Process
A Draft EIS will be prepared and
circulated for review and comment by
agencies and the public for at least 45
days as required by 40 CFR 1503.1,
1502.20, 1506.11, and 1502.17, and 7
CFR 650.13. The Draft EIS is anticipated
to be published in the Federal Register
approximately 6 months after
publication of this NOI; notices will also
be published using local media outlets.
A Final EIS is anticipated to be
published within 4 months of
completion of the public comment
period for the Draft EIS.
NRCS will 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 Keisha
Tatem, Arizona State Conservationist.
lotter on DSK11XQN23PROD with NOTICES1
Public Scoping Process
Public scoping meetings were held
virtually on April 20, 2022, when the
project was being considered under an
Environmental Assessment (EA). Public
notice of the project and scoping
meetings were distributed widely prior
to the meetings. Scoping meeting
presentation materials, including a
video recording of the meeting, are
available on the project website at
https://graveyardwash.com/.
The meeting consisted of a
presentation on the PL–566 Program,1
the dam deficiencies, and the NEPA
process, and included a question-andanswer session. Public scoping meetings
provide an opportunity to review and
evaluate the project alternatives, express
concern or support, and gain further
information regarding the project.
Comments received, including the
names and addresses of those who
comment, will be part of the public
record.
Identification of Potential Alternatives,
Information, and Analyses
NRCS invites agencies, Tribes, and
individuals who have special expertise,
1 NRCS manages the Watershed Protection and
Flood Prevention Program (also known as
Watershed Operations, Public Law 83–566, or just
PL–566.
VerDate Sep<11>2014
16:51 Feb 15, 2023
Jkt 259001
legal jurisdiction, or interest in the Frye
Creek—Stockton Wash Watershed in
Graham County, Arizona, to provide
comments concerning the scope of the
analysis and identification of potential
alternatives, information, and analyses
relevant to the Proposed Action in
writing.
Authorities
This document is published pursuant
to 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)). This 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
through 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 title and number of the Federal
Assistance Programs, as found in the
Assistance Listing,2 to which this
document 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,
2 See
PO 00000
https://sam.gov/content/assistance-listings.
Frm 00006
Fmt 4703
Sfmt 4703
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 text
telephone) or dial 711 for
Telecommunications 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.
Keisha Tatem,
Arizona State Conservationist, Natural
Resources Conservation Service.
[FR Doc. 2023–03268 Filed 2–15–23; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
[Docket No. NRCS–2021–0007]
Response to Western Water Quantity
(WWQ) Listening Session
Natural Resources
Conservation Service, USDA.
ACTION: Notice.
AGENCY:
The Natural Resources
Conservation Service (NRCS) hosted a
virtual, open, public listening session,
SUMMARY:
E:\FR\FM\16FEN1.SGM
16FEN1
Agencies
[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10079-10080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03268]
[[Page 10079]]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2023-0002]
Notice of Intent To Prepare an Environmental Impact Statement for
the Graveyard Wash Flood Retarding Structure Assessment, Graham County,
Arizona
AGENCY: Natural Resources Conservation Service, USDA.
ACTION: Notice of intent (NOI) to prepare an Environmental Impact
Statement (EIS).
-----------------------------------------------------------------------
SUMMARY: The Natural Resources Conservation Service (NRCS) Arizona
State Office announces its intent to prepare an EIS for the Graveyard
Wash Flood Retarding Structure Assessment located within the Frye
Creek--Stockton Wash Watershed in Graham County, Arizona. NRCS will
examine alternative solutions through the EIS to bring the Graveyard
Wash flood retarding structure (FRS) into compliance with current
Federal and State standards. The EIS will also serve as the necessary
environmental documentation for any cooperating agencies and contact
with potential cooperating agencies will be initiated. 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 20, 2023.
Comments received after close of 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-2023-0002. Follow the
online instructions for submitting comments; or
Mail or Hand Delivery: Jones and DeMille Engineering,
Attn: Jenna Jorgensen, 1535 S 100 W, Richfield, UT 84701. In your
comment, specify the docket ID NRCS-2023-0002.
All comments received will be posted and made publicly available on
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Greg Wahl; telephone: (928) 864-5533;
email: [email protected]. Individuals who require alternative means
for communication should contact USDA Target Center at (202) 720-2600
(voice).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The primary purpose for watershed planning is to preserve flood
protection downstream of the Graveyard Wash FRS. Specifically, to
reduce the risk of flooding to residences, commercial buildings,
schools, the hospital, shopping centers, and agricultural areas, canals
and irrigation systems, and transportation corridors (road and railway)
in the Frye Creek--Stockton Wash Watershed in Graham County, Arizona.
Watershed planning is authorized under 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).
Recent assessments indicate that the dam and appurtenances do not
meet current NRCS and Arizona Dam Safety standards. Action is needed to
bring the dam and spillway facilities into compliance with current
standards and to continue to protect property from flooding. Estimated
Federal funds required for the construction of the proposed action
(described below) would exceed $25 million and the proposed action will
therefore require an EIS as specified in 7 CFR 650.7(a)(2).
Preliminary Proposed Action and Alternatives
The Frye Creek--Stockton Wash Watershed-focused planning area is
approximately 240 square miles. NRCS will provide technical and
financial assistance for the proposed project (described below) through
the NRCS Watershed Protection and Flood Prevention Program. NRCS will
also design and implement a selected alternative. The EIS is expected
to evaluate three alternatives: two action alternatives or no action
alternative. The alternatives we intend to carry forward in the
analysis are:
Alternative 1--No Action: Taking no action would consist of
activities carried out if no Federal action or funding were provided.
The sponsor's course of action would be to bring the dam into
compliance with Arizona Dam Safety requirements, but not necessarily
NRCS standards.
Alternative 2--Full Dam Rehabilitation with Structural Spillway
Alternative (Proposed Action). The proposed action is to rehabilitate
the dam to maintain flood prevention below the dam and to bring the dam
into compliance with NRCS and Arizona Dam Safety standards for a 100-
year design life. Rehabilitation will consist of raising the embankment
crest and lengthening the embankment to meet minimum design storm
requirements. Segments of the embankment with unsuitable soils will be
reconstructed. The principal spillway will also be lengthened, which
may require reconstruction of the inlet, outlet, or both of the
spillway. The existing auxiliary spillway will be replaced with a
structural spillway and stilling basin designed to pass minimum design
storm requirements and to improve flood protection for the 100-year
storm event.
Alternative 3--Full Dam Rehabilitation with Earthen Spillway
Alternative. The proposed action is to rehabilitate the dam as
described in Alternative 2. The difference will be the existing earthen
auxiliary spillway will be reconstructed to a width of 400 feet,
regraded, and reinforced as needed to pass minimum design storm
requirements and to improve flood protection for the 100-year storm
event.
Also, the proposed action that would occur, any cooperating
agencies could adopt this EIS as their NEPA.
Summary of Expected Impacts
An NRCS evaluation of this federally assisted action indicates that
proposed alternatives may have local, regional, or national impacts on
the environment. Potential impacts include flood plain alteration due
to the construction of a new dam. Potential realignment of roads or
utilities could occur, depending on the chosen alternative. Long-term
beneficial impacts will occur with flood protection mitigating loss of
life and property within the community. An NRCS evaluation of this
federally assisted action indicates that proposed alternatives may
trigger NRCS cost share policies when the Federal share of the
construction costs exceed $25 million dollars.
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 may require a Clean Water Act (CWA) section 404 permit
from the U.S. Army Corps of Engineers. Permitting with the U.S. Army
Corps of Engineers regarding potential impacts will be finalized prior
to final design and construction.
CWA Section 401 Permit. The project may also require water
quality certification under section 401 of the CWA and permitting under
Section 402 of the CWA (National Pollutant Discharge Elimination System
Permit).
Dam Safety and Floodplain Permit. Local dam safety and
floodplain permits will be required.
[[Page 10080]]
NHPA Section 106 Consultation. Consultation with Tribal
Nations and interested parties will be conducted as required by the
National Historic Preservation Act of 1966 (as amended) (16 U.S.C.
470f).
Endangered Species Act (ESA) Consultation. Consultation
with the USFWS is being conducted as required by the Endangered Species
Act of 1973.
Schedule of Decision-Making Process
A Draft EIS will be prepared and circulated for review and comment
by agencies and the public for at least 45 days as required by 40 CFR
1503.1, 1502.20, 1506.11, and 1502.17, and 7 CFR 650.13. The Draft EIS
is anticipated to be published in the Federal Register approximately 6
months after publication of this NOI; notices will also be published
using local media outlets. A Final EIS is anticipated to be published
within 4 months of completion of the public comment period for the
Draft EIS.
NRCS will 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 Keisha Tatem, Arizona
State Conservationist.
Public Scoping Process
Public scoping meetings were held virtually on April 20, 2022, when
the project was being considered under an Environmental Assessment
(EA). Public notice of the project and scoping meetings were
distributed widely prior to the meetings. Scoping meeting presentation
materials, including a video recording of the meeting, are available on
the project website at https://graveyardwash.com/.
The meeting consisted of a presentation on the PL-566 Program,\1\
the dam deficiencies, and the NEPA process, and included a question-
and-answer session. Public scoping meetings provide an opportunity to
review and evaluate the project alternatives, express concern or
support, and gain further information regarding the project. Comments
received, including the names and addresses of those who comment, will
be part of the public record.
---------------------------------------------------------------------------
\1\ NRCS manages the Watershed Protection and Flood Prevention
Program (also known as Watershed Operations, Public Law 83-566, or
just PL-566.
---------------------------------------------------------------------------
Identification of Potential Alternatives, Information, and Analyses
NRCS invites agencies, Tribes, and individuals who have special
expertise, legal jurisdiction, or interest in the Frye Creek--Stockton
Wash Watershed in Graham County, Arizona, to provide comments
concerning the scope of the analysis and identification of potential
alternatives, information, and analyses relevant to the Proposed Action
in writing.
Authorities
This document is published pursuant to 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)).
This 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 through 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 title and number of the Federal Assistance Programs, as found
in the Assistance Listing,\2\ to which this document applies is 10.904,
Watershed Protection and Flood Prevention.
---------------------------------------------------------------------------
\2\ See https://sam.gov/content/assistance-listings.
---------------------------------------------------------------------------
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 text telephone) or dial
711 for Telecommunications 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.
Keisha Tatem,
Arizona State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2023-03268 Filed 2-15-23; 8:45 am]
BILLING CODE 3410-16-P