Notice of Intent To Prepare an Environmental Impact Statement for the Lower Little Tallapoosa River Watershed Carroll County, Georgia, 59865-59868 [2023-18688]
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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS–LP–23–0042]
Notice of Request for Extension of a
Currently Approved Information
Collection
Agricultural Marketing Service,
USDA.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Agricultural
Marketing Service’s (AMS) intention to
request approval from the Office of
Management and Budget (OMB) for an
extension of the currently approved
information collection, ‘‘Livestock,
Poultry, and Grain Market News’’ (OMB
0581–0033).
DATES: Comments on this notice must be
received by October 30, 2023 to be
assured of consideration.
ADDRESSES: Interested persons are
invited to submit comments concerning
this notice by using the electronic
process available at https://
www.regulations.gov. All comments
should reference the document number
and the date and the page number of
this issue of the Federal Register.
Written comments may be submitted via
mail to Russell Avalos, Assistant to the
Director; Livestock, Poultry, and Grain
Market News Division; Livestock and
Poultry Program; Agricultural Marketing
Service, U.S. Department of Agriculture,
1400 Independence Ave. SW, Room
2619–S, STOP 0252; Washington, DC
20250–0252; Telephone (202) 738–2112;
or Email Russell.Avalos@usda.gov. All
comments received will be posted
without change, including any personal
information provided, at https://
www.regulations.gov and will be
included in the record and made
available to the public. Please do not
include personally identifiable
information (such as name, address, or
other contact information) or
confidential business information that
you do not want publicly disclosed.
Comments may be submitted
anonymously.
FOR FURTHER INFORMATION CONTACT:
Russell Avalos, Assistant to the
Director; Livestock, Poultry, and Grain
Market News Division; Livestock and
Poultry Program; Telephone (202) 738–
2112; or Email Russell.Avalos@
usda.gov.
SUPPLEMENTARY INFORMATION:
Title: Livestock, Poultry, and Grain
Market News.
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SUMMARY:
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OMB Number: 0581–0033.
Expiration Date of Approval: October
31, 2023.
Type of Request: Request for
extension of a currently approved
information collection.
Abstract: The Agricultural Marketing
Act of 1946 (7 U.S.C. 1621–1627), as
amended, authorizes the Secretary of
Agriculture to provide timely
nationwide coverage of prices, supply,
demands, trends, movement, and other
pertinent information affecting the
trading of livestock, poultry, meat, eggs,
grain, and their related products, as well
as locally produced and marketed
products. The market reports compiled
and disseminated by the Livestock,
Poultry, and Grain Market News
(LPGMN) Division provide current,
unbiased, and factual information to all
stakeholders in the U.S. agricultural
industry. Market News reports assist
producers, processors, wholesalers,
retailers, and others to make informed
production, purchasing, and sales
decisions. LPGMN reports also promote
orderly marketing by placing buyers and
sellers on a more equal negotiation
basis.
LPGMN reporters communicate with
buyers and sellers of livestock, poultry,
meat, eggs, grain, local products, and
their respective commodities on a daily
basis to accomplish the Division’s
mission. This communication and
information gathering is accomplished
through the use of telephone
conversations, facsimile transmissions,
face-to-face meetings, and email
messages. The information provided by
respondents initiates Market News
reporting, which must be timely,
accurate, unbiased, and continuous if it
is to be meaningful to the industry.
AMS collects information on price,
supply, demand, trends, movement, and
other information of livestock, poultry,
meat, grain, eggs, local products, and
their respective commodities.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average .058 hours per
response.
Respondents: Business or other forprofit and farms.
Estimated Number of Respondents:
3,220.
Estimated Total Annual Responses:
299,800.
Estimated Number of Responses per
Respondent: 93.
Estimated Total Annual Burden on
Respondents: 17,970.
Comments are invited on: (1) whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
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practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed 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 those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
become a matter of public record.
Melissa Bailey,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–18715 Filed 8–29–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
[Docket No. NRCS–2023–0011]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Lower Little Tallapoosa River
Watershed Carroll County, Georgia
Natural Resources
Conservation Service, USDA.
ACTION: Notice of intent (NOI) to prepare
an environmental impact statement
(EIS).
AGENCY:
The Natural Resources
Conservation Service (NRCS) Georgia
State Office, announces its intent to
prepare a watershed plan and EIS for
the Lower Little Tallapoosa River 25A
(also commonly known as Indian River),
located in Carroll County on Indian
Creek approximately 5 miles upstream
of its confluence with Turkey Creek and
approximately 14 miles northwest of
Carrollton in the proximity of Bowdon,
Georgia. The proposed watershed plan
will examine alternative solutions to
flood prevention and agricultural water
management measures for the Carroll
County Water Authority (CCWA) service
area. NRCS is requesting comments to
identify significant issues, potential
alternatives, information, and analysis
relevant to the proposed action from all
interested individuals, Federal and
State, agencies, and Tribes.
DATES: We will consider comments that
we receive by October 16, 2023.
Comments received after close of the
SUMMARY:
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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
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–2023–0011. Follow
the online instructions for submitting
comments; or
• Mail or Hand Delivery: J. Tyler
Coats, P.E., Associate, Schnabel
Engineering, LLC, 6445 Shiloh Road,
Suite A, Alpharetta, GA 30005. In your
comment, specify the docket ID NRCS–
2023–0011.
All comments received will be posted
without change and made publicly
available on www.regulation.gov.
FOR FURTHER INFORMATION CONTACT:
Diane A. Guthrie; telephone: (706) 546–
2310; email: diane.guthrie@usda.gov; or
Andrea P. Gray: telephone (678) 364–
2384; email: andrea@andreapgray.com.
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:
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Purpose and Need
The primary purpose of the watershed
plan is to provide flood protection and
damage reduction to meet current and
future water demands in CCWA’s
service area and a rural water supply for
180,000 acres, providing 15,662 acrefeet of surface water. 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).
The dominant land use of the
watershed for the CCWA structure was
historically a combination of agriculture
and woodlands which generally remains
unchanged today after more than 50
years, although some development has
occurred downstream of the structure.
The proposed Lower Little Tallapoosa
River 25A project will address
evaluating alternatives that will
maintain or improve the currently
provided level of flood protection and
increase and maintain safe and reliable
supplies of water for agriculture
management and the local community.
It will also increase water conservation
and improve water delivery efficiency
in the Lower Little Tallapoosa
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Watershed, which has been in use for
nearly 50 years.
Development within the downstream
breach zone has resulted in a change in
classification for the Lower Little
Tallapoosa River 25A to a high hazard
structure. Due to changes in evaluation
criteria, the dam does not meet current
safety and performance standards for
the integrity, stability, or capacity of a
high hazard structure. Additionally, the
current watershed structure will reach
the end of its original 50-year design life
in 2024 and needs to be brought into
compliance with modern dam safety
criteria including the regulations under
the Georgia Rules for Safe Dams and
NRCS TR–60 design criteria.
To meet the purpose of flood
protection for the Lower Little
Tallapoosa Watershed, the existing
structures will be replaced with a new
multipurpose structure to provide flood
control and agriculture water
management. A Draft Supplemental
Watershed Plan and Environmental
Assessment (EA) was prepared in 2021,
which investigated and studied possible
solutions to address flood protection
and agricultural water management in
the Lower Little Tallapoosa Watershed.
As a result of the new information
obtained during the EA process, the
level of analysis this watershed project
requires is more extensive than initially
anticipated. Estimated Federal funds
required for the construction of the
proposed action may exceed $25 million
and the proposed action will, therefore,
require congressional approval per the
2018 Agriculture Appropriations Act
amended funding threshold. In
accordance with 7 CFR 650.7(a)(2), an
EIS is required for projects requiring
congressional approval.
acres with a total storage volume of 5.1
billion gallons (at the top of dam). The
structure will supply up to 6 million
gallons per day (MGD) of raw water to
the Carroll County Water Authority’s
service area. Inflows to the dam and
reservoir will be supplemented by
pumping water from the Little
Tallapoosa River. Water will be
withdrawn from the Little Tallapoosa
River (in compliance with the CCWA
withdrawal permits) 0.5 miles
downstream of its crossing at
Reavesville Road and pumped to the
reservoir via a raw water pipeline. The
pipeline goes over approximately 9
miles primarily along road right of ways
to the reservoir. Raw water will be
pumped to a new water treatment plant
adjacent to the reservoir.
Alternative 2—No Action: Taking no
action would consist of measures
carried out if no Federal action or
funding were provided. If the existing
structure continues to operate in its
current condition, it would be limited in
its withdrawal capacity and will not be
capable of meeting the average daily
water supply demand for the CCWA’s
service area. The dam and spillway do
not meet current requirements for high
hazard potential dams, and as such pose
a threat to downstream life and property
if a significant hydrologic event occurs.
The current auxiliary spillway does not
meet the current criteria for capacity
and does not have the required erosion
resistance and integrity and could
experience significant damage or failure
and breach in a storm event. The No
Action Alternative will not meet the
Lower Little Tallapoosa River 25A
project’s purpose and will serve as the
baseline for comparison with the action
alternatives.
Preliminary Proposed Action and
Alternatives
The objective of the EIS is to
formulate and evaluate alternatives for
flood prevention and agricultural water
management in the Carroll County
Water Authority service area. The EIS is
expected to evaluate two alternatives:
one action alternative and one no action
alternative. The alternatives that may be
considered for detailed analysis include:
Alternative 1—Proposed Action—
Construction of a new watershed dam:
The Lower Little Tallapoosa Watershed
Structure No. 25A will be replaced with
a new multipurpose structure to
maintain or improve the currently
provided levels of flood control and
provide agricultural water management.
This alternative would construct a new
earthen embankment with a maximum
height of approximately 120 ft. The
reservoir area at normal pool will be 401
Summary of Expected Impacts
As mentioned above, the estimated
Federal contribution to construction
cost will exceed $25 million. This EIS
will be prepared 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.
Resource concerns for scoping were
identified and categorized as relevant or
not relevant to the proposed action.
CCWA and NRCS evaluated the current
Lower Little Tallapoosa Watershed
Structure No. 25A infrastructure along
with relevant resource concerns for each
proposed solution.
Environmental resources in the Lower
Little Tallapoosa River 25A project area
consist of the natural and human-made
environment. Resource concerns to be
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identified and addressed in the
Watershed Plan-EIS include Cultural
and Historic Resources; Land Resources
and Prime Farmland; Geology and Soils;
Public Safety; Socioeconomics and
Environmental Justice; Water Resources;
Vegetation and Invasive and Non-native
Plant Species; Wetlands and Riparian
Areas; Fish and Wildlife and Fish
Habitat; and Special Status Species and
Migratory Bird Treaty Act Species.
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Anticipated Permits and Authorizations
The following permits and
authorizations are anticipated to be
required:
• Clean Water Act (CWA) Section 404
Permit. Implementation of the proposed
Federal action would require a CWA
section 404 permit from the U.S. Army
Corps of Engineers. CCWA received a
section 404 permit for the construction
of the Indian Creek Reservoir on June
17, 2021.
• CWA Section 401 Permit. The
Lower Little Tallapoosa River 25A
project would also require water quality
certification under CWA section 401
and permitting under CWA section 402
(National Pollutant Discharge
Elimination System Permit). CCWA
received a section 401 certification on
August 5, 2020.
• Dam Safety and Floodplain Permit.
Local dam safety and floodplain permits
will be required for construction and
operation of the dam.
• Surface Water Withdrawal Permit.
CCWA received the required surface
water withdrawal permits on November
2, 2021.
• Georgia Department of
Transportation Right of Way
Encroachment Permit. The proposed
action will require a raw water pipeline
that may impact State Highway 100 and
166.
• NHPA Section 106 consultation.
Consultation with the Georgia Historic
Preservation Division, 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).
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 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 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.
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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 and decision maker for
the NRCS is the Georgie NRCS State
Conservationist.
Public Scoping Process
CCWA held 7 public meetings
between 2007 and 2017 as part of the
EA process for its section 404 permit
and 5 additional meetings with NRCS as
part of the scoping process on May 23,
2018; July 16, 2018; March 28, 2019;
August 1, 2019, and January 13, 2023.
An additional public scoping meeting
was held on May 1, 2023. Comments
received, including the names and
addresses of those who comment, will
be part of the public record. Comments
submitted anonymously will be
accepted and considered. Scoping
meeting presentation materials are
available on the watershed project
website: www.indiancreekreservoir.com.
The date, time, and location for any
future meetings will be announced on
the Lower Little Tallapoosa River 25A
project website.
Federal, State, Tribal, local agencies
and representatives, and the public were
invited to take part in this watershed
plan scoping period through which
coordination, sought input on issues of
economic, environmental, cultural, and
social importance in the watershed.
CCWA and NRCS organized the public
scoping meeting to provide an
opportunity to review and evaluate the
Lower Little Tallapoosa River 25A
project alternatives, express concern or
support, and gain further information
regarding the Lower Little Tallapoosa
River 25A project. To determine the
most viable alternatives to carry forward
to the EIS, CCWA used input obtained
during public scoping discussions to
focus on relevant resource concerns and
issues and eliminated those that were
not relevant from further detailed study.
Identification of Potential Alternatives,
Information, and Analyses
NRCS invites agencies, Tribes,
consulting parties, and individuals that
have special expertise, legal
jurisdiction, or interest in the Lower
Little Tallapoosa River 25A project to
provide comments concerning the scope
of the analysis and identification of
potential alternatives, information, and
analyses relevant to the Proposed
Action in writing.
NRCS will coordinate the scoping
process to correspond with any required
NHPA processes, as allowed in 36 CFR
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59867
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
Lower Little Tallapoosa River 25A
project will assist NRCS in identifying
and evaluating impacts to such
resources in the context of both 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
properties, will be given due
consideration.
Authorities
This document is published pursuant
to the NEPA regulations regarding
publication of a NOI to issue an EIS (40
CFR 1501.9(d)). Watershed planning is
authorized under the Watershed
Protection and Flood Prevention Act of
1954, as amended, and the Flood
Control Act of 1944.
Federal Assistance Programs
The title and number of the Federal
Assistance Program as found in the
Assistance Listing 1 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 Lower Little
Tallapoosa River 25A project 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,
1 See
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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
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.
Terrance Rudolph,
Georgia State Conservationist, Natural
Resources Conservation Service.
[FR Doc. 2023–18688 Filed 8–29–23; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
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[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Notice of Initiation and
Preliminary Results of Antidumping
Duty Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is initiating a
changed circumstances review (CCR) to
AGENCY:
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determine if Highland Agro Food
Private Limited (HA Food) is the
successor-in-interest to Highland Agro
in the context of the antidumping duty
(AD) order on certain frozen warmwater
shrimp (shrimp) from India. We
preliminarily determine that HA Food is
the successor-in-interest to Highland
Agro.
DATES: Applicable August 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova or Christopher
Viers, AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1280 or
(202) 482–0519, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, Commerce
published in the Federal Register an AD
order on shrimp from India.1 On July 6,
2023, HA Food requested that, pursuant
to section 751(b)(1) of the Tariff Act of
1930, as amended (the Act), 19 CFR
351.216, and 19 CFR 351.221(c)(3),
Commerce conduct an expedited CCR of
the Order to determine that HA Food is
the successor-in-interest to Highland
Agro and, accordingly, to assign it the
cash deposit rate of Highland Agro.2 In
its submission, HA Food stated that in
2022, Highland Agro undertook a name
change to HA Food and changed its
corporate structure to become a limited
liability company.3
Scope of the Order
The merchandise subject to the Order
is certain frozen warmwater shrimp.
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 0306.17.00.04,
0306.17.00.05, 0306.17.00.07,
0306.17.00.08, 0306.17.00.10,
0306.17.00.11, 0306.17.00.13,
0306.17.00.14, 0306.17.00.16,
0306.17.00.17, 0306.17.00.19,
0306.17.00.20, 0306.17.00.22,
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
from India, 70 FR 5147 (February 1, 2005) (Order).
2 In the 2021–2022 administrative review,
Commerce preliminarily assigned Highland Agro a
cash deposit rate of 3.76 percent, the preliminary
review-specific average rate for companies not
selected for individual review. See Certain Frozen
Warmwater Shrimp from India: Preliminary Results
of Antidumping Duty Administrative Review; 2021–
2022, 88 FR 13430 (March 3, 2023). The deadline
for the final results of this administrative review is
currently no later than August 30, 2023.
3 See HA Food’s Letter, ‘‘Request for an Expedited
Changed Circumstances Review,’’ dated July 6,
2023 (HA Food CCR Request).
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0306.17.00.23, 0306.17.00.25,
0306.17.00.26, 0306.17.00.28,
0306.17.00.29, 0306.17.00.41,
0306.17.00.42, 1605.21.10.30, and
1605.29.10.10. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written product description remains
dispositive. For a complete description
of the scope of the Order, see the
Preliminary Decision Memorandum.4
Initiation and Preliminary Results of
CCR
Pursuant to section 751(b)(1)(A) of the
Act and 19 CFR 351.216(d), Commerce
will conduct a CCR upon receipt of
information concerning, or a request
from, an interested party for a review of
an AD order which shows changed
circumstances sufficient to warrant a
review of the order. The information
submitted by HA Food supporting its
claim that it is the successor-in-interest
to Highland Agro demonstrates changed
circumstances sufficient to warrant such
a review.5 Therefore, in accordance with
section 751(b)(1)(A) of the Act and 19
CFR 351.216(d), we are initiating a CCR
based upon the information contained
in HA Food’s submission.
Section 351.221(c)(3)(ii) of
Commerce’s regulations permits
Commerce to combine the notice of
initiation of a CCR and the notice of
preliminary results if Commerce
concludes that expedited action is
warranted.6 In this instance, because the
record contains information necessary
to make a preliminary finding, we find
that expedited action is warranted and
have combined the notice of initiation
and the notice of preliminary results.7
In this CCR, pursuant to section
751(b) of the Act, Commerce conducted
a successor-in-interest analysis. In
making a successor-in-interest
determination, Commerce examines
several factors, including, but not
limited to, changes in the following: (1)
management; (2) production facilities;
(3) supplier relationships; and (4)
4 See Memorandum, ‘‘Certain Frozen Warmwater
Shrimp from India: Initiation and Preliminary
Results of Changed Circumstances Review,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
5 See 19 CFR 351.216(d).
6 See 19 CFR 351.221(c)(3)(ii); see also Certain
Pasta from Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480, 33480–41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged
in Certain Pasta from Italy: Final Results of
Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta from Italy Final Results).
7 See, e.g., Pasta from Italy Preliminary Results,
80 FR at 33480–41, unchanged in Pasta from Italy
Final Results, 80 FR at 48807.
E:\FR\FM\30AUN1.SGM
30AUN1
]]>Agencies
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59865-59868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18688]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2023-0011]
Notice of Intent To Prepare an Environmental Impact Statement for
the Lower Little Tallapoosa River Watershed Carroll County, Georgia
AGENCY: Natural Resources Conservation Service, USDA.
ACTION: Notice of intent (NOI) to prepare an environmental impact
statement (EIS).
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SUMMARY: The Natural Resources Conservation Service (NRCS) Georgia
State Office, announces its intent to prepare a watershed plan and EIS
for the Lower Little Tallapoosa River 25A (also commonly known as
Indian River), located in Carroll County on Indian Creek approximately
5 miles upstream of its confluence with Turkey Creek and approximately
14 miles northwest of Carrollton in the proximity of Bowdon, Georgia.
The proposed watershed plan will examine alternative solutions to flood
prevention and agricultural water management measures for the Carroll
County Water Authority (CCWA) service area. NRCS is requesting comments
to identify significant issues, potential alternatives, information,
and analysis relevant to the proposed action from all interested
individuals, Federal and State, agencies, and Tribes.
DATES: We will consider comments that we receive by October 16, 2023.
Comments received after close of the
[[Page 59866]]
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-2023-0011. Follow the
online instructions for submitting comments; or
Mail or Hand Delivery: J. Tyler Coats, P.E., Associate,
Schnabel Engineering, LLC, 6445 Shiloh Road, Suite A, Alpharetta, GA
30005. In your comment, specify the docket ID NRCS-2023-0011.
All comments received will be posted without change and made
publicly available on www.regulation.gov.
FOR FURTHER INFORMATION CONTACT: Diane A. Guthrie; telephone: (706)
546-2310; email: [email protected]; or Andrea P. Gray: telephone
(678) 364-2384; email: [email protected]. 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 of the watershed plan is to provide flood
protection and damage reduction to meet current and future water
demands in CCWA's service area and a rural water supply for 180,000
acres, providing 15,662 acre-feet of surface water. 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).
The dominant land use of the watershed for the CCWA structure was
historically a combination of agriculture and woodlands which generally
remains unchanged today after more than 50 years, although some
development has occurred downstream of the structure. The proposed
Lower Little Tallapoosa River 25A project will address evaluating
alternatives that will maintain or improve the currently provided level
of flood protection and increase and maintain safe and reliable
supplies of water for agriculture management and the local community.
It will also increase water conservation and improve water delivery
efficiency in the Lower Little Tallapoosa Watershed, which has been in
use for nearly 50 years.
Development within the downstream breach zone has resulted in a
change in classification for the Lower Little Tallapoosa River 25A to a
high hazard structure. Due to changes in evaluation criteria, the dam
does not meet current safety and performance standards for the
integrity, stability, or capacity of a high hazard structure.
Additionally, the current watershed structure will reach the end of its
original 50-year design life in 2024 and needs to be brought into
compliance with modern dam safety criteria including the regulations
under the Georgia Rules for Safe Dams and NRCS TR-60 design criteria.
To meet the purpose of flood protection for the Lower Little
Tallapoosa Watershed, the existing structures will be replaced with a
new multipurpose structure to provide flood control and agriculture
water management. A Draft Supplemental Watershed Plan and Environmental
Assessment (EA) was prepared in 2021, which investigated and studied
possible solutions to address flood protection and agricultural water
management in the Lower Little Tallapoosa Watershed. As a result of the
new information obtained during the EA process, the level of analysis
this watershed project requires is more extensive than initially
anticipated. Estimated Federal funds required for the construction of
the proposed action may exceed $25 million and the proposed action
will, therefore, require congressional approval per the 2018
Agriculture Appropriations Act amended funding threshold. In accordance
with 7 CFR 650.7(a)(2), an EIS is required for projects requiring
congressional approval.
Preliminary Proposed Action and Alternatives
The objective of the EIS is to formulate and evaluate alternatives
for flood prevention and agricultural water management in the Carroll
County Water Authority service area. The EIS is expected to evaluate
two alternatives: one action alternative and one no action alternative.
The alternatives that may be considered for detailed analysis include:
Alternative 1--Proposed Action--Construction of a new watershed
dam: The Lower Little Tallapoosa Watershed Structure No. 25A will be
replaced with a new multipurpose structure to maintain or improve the
currently provided levels of flood control and provide agricultural
water management. This alternative would construct a new earthen
embankment with a maximum height of approximately 120 ft. The reservoir
area at normal pool will be 401 acres with a total storage volume of
5.1 billion gallons (at the top of dam). The structure will supply up
to 6 million gallons per day (MGD) of raw water to the Carroll County
Water Authority's service area. Inflows to the dam and reservoir will
be supplemented by pumping water from the Little Tallapoosa River.
Water will be withdrawn from the Little Tallapoosa River (in compliance
with the CCWA withdrawal permits) 0.5 miles downstream of its crossing
at Reavesville Road and pumped to the reservoir via a raw water
pipeline. The pipeline goes over approximately 9 miles primarily along
road right of ways to the reservoir. Raw water will be pumped to a new
water treatment plant adjacent to the reservoir.
Alternative 2--No Action: Taking no action would consist of
measures carried out if no Federal action or funding were provided. If
the existing structure continues to operate in its current condition,
it would be limited in its withdrawal capacity and will not be capable
of meeting the average daily water supply demand for the CCWA's service
area. The dam and spillway do not meet current requirements for high
hazard potential dams, and as such pose a threat to downstream life and
property if a significant hydrologic event occurs. The current
auxiliary spillway does not meet the current criteria for capacity and
does not have the required erosion resistance and integrity and could
experience significant damage or failure and breach in a storm event.
The No Action Alternative will not meet the Lower Little Tallapoosa
River 25A project's purpose and will serve as the baseline for
comparison with the action alternatives.
Summary of Expected Impacts
As mentioned above, the estimated Federal contribution to
construction cost will exceed $25 million. This EIS will be prepared 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.
Resource concerns for scoping were identified and categorized as
relevant or not relevant to the proposed action. CCWA and NRCS
evaluated the current Lower Little Tallapoosa Watershed Structure No.
25A infrastructure along with relevant resource concerns for each
proposed solution.
Environmental resources in the Lower Little Tallapoosa River 25A
project area consist of the natural and human-made environment.
Resource concerns to be
[[Page 59867]]
identified and addressed in the Watershed Plan-EIS include Cultural and
Historic Resources; Land Resources and Prime Farmland; Geology and
Soils; Public Safety; Socioeconomics and Environmental Justice; Water
Resources; Vegetation and Invasive and Non-native Plant Species;
Wetlands and Riparian Areas; Fish and Wildlife and Fish Habitat; and
Special Status Species and Migratory Bird Treaty Act Species.
Anticipated Permits and Authorizations
The following permits and authorizations are anticipated to be
required:
Clean Water Act (CWA) Section 404 Permit. Implementation
of the proposed Federal action would require a CWA section 404 permit
from the U.S. Army Corps of Engineers. CCWA received a section 404
permit for the construction of the Indian Creek Reservoir on June 17,
2021.
CWA Section 401 Permit. The Lower Little Tallapoosa River
25A project would also require water quality certification under CWA
section 401 and permitting under CWA section 402 (National Pollutant
Discharge Elimination System Permit). CCWA received a section 401
certification on August 5, 2020.
Dam Safety and Floodplain Permit. Local dam safety and
floodplain permits will be required for construction and operation of
the dam.
Surface Water Withdrawal Permit. CCWA received the
required surface water withdrawal permits on November 2, 2021.
Georgia Department of Transportation Right of Way
Encroachment Permit. The proposed action will require a raw water
pipeline that may impact State Highway 100 and 166.
NHPA Section 106 consultation. Consultation with the
Georgia Historic Preservation Division, 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).
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 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 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 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 and decision maker for the NRCS is the
Georgie NRCS State Conservationist.
Public Scoping Process
CCWA held 7 public meetings between 2007 and 2017 as part of the EA
process for its section 404 permit and 5 additional meetings with NRCS
as part of the scoping process on May 23, 2018; July 16, 2018; March
28, 2019; August 1, 2019, and January 13, 2023. An additional public
scoping meeting was held on May 1, 2023. Comments received, including
the names and addresses of those who comment, will be part of the
public record. Comments submitted anonymously will be accepted and
considered. Scoping meeting presentation materials are available on the
watershed project website: www.indiancreekreservoir.com. The date,
time, and location for any future meetings will be announced on the
Lower Little Tallapoosa River 25A project website.
Federal, State, Tribal, local agencies and representatives, and the
public were invited to take part in this watershed plan scoping period
through which coordination, sought input on issues of economic,
environmental, cultural, and social importance in the watershed. CCWA
and NRCS organized the public scoping meeting to provide an opportunity
to review and evaluate the Lower Little Tallapoosa River 25A project
alternatives, express concern or support, and gain further information
regarding the Lower Little Tallapoosa River 25A project. To determine
the most viable alternatives to carry forward to the EIS, CCWA used
input obtained during public scoping discussions to focus on relevant
resource concerns and issues and eliminated those that were not
relevant from further detailed study.
Identification of Potential Alternatives, Information, and Analyses
NRCS invites agencies, Tribes, consulting parties, and individuals
that have special expertise, legal jurisdiction, or interest in the
Lower Little Tallapoosa River 25A project to provide comments
concerning the scope of the analysis and identification of potential
alternatives, information, and analyses relevant to the Proposed Action
in writing.
NRCS will coordinate the scoping process to correspond with any
required 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 Lower Little
Tallapoosa River 25A project will assist NRCS in identifying and
evaluating impacts to such resources in the context of both 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 properties, will be given due consideration.
Authorities
This document is published pursuant to the NEPA regulations
regarding publication of a NOI to issue an EIS (40 CFR 1501.9(d)).
Watershed planning is authorized under the Watershed Protection and
Flood Prevention Act of 1954, as amended, and the Flood Control Act of
1944.
Federal Assistance Programs
The title and number of the Federal Assistance Program as found in
the Assistance Listing \1\ to which this document applies is 10.904,
Watershed Protection and Flood Prevention.
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\1\ See https://sam.gov/content/assistance-listings.
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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 Lower Little Tallapoosa River 25A
project 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,
[[Page 59868]]
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.
Terrance Rudolph,
Georgia State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2023-18688 Filed 8-29-23; 8:45 am]
BILLING CODE 3410-16-P
