Notice of Intent To Prepare an Environmental Impact Statement for the Rattlesnake Creek Watershed Plan, in Stafford, Pratt, Rice, Reno, and Edwards Counties, Kansas, 89656-89659 [2023-28592]
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Notices
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
SUMMARY:
khammond on DSKJM1Z7X2PROD with NOTICES
Title: Salmonella Initiative Program
(SIP).
OMB Control Number: 0583–0154.
Summary of Collection: FSIS has been
delegated the authority to exercise the
functions of the Secretary (7 CFR 2.18
and 2.53), as specified in the Federal
Meat Inspection Act (FMIA) (21 U.S.C.
601, et seq.), the Poultry Products
Inspection Act (PPIA) (21 U.S.C. 451, et
seq.), and the Egg Products Inspection
Act (EPIA) (21 U.S.C. 1031, et seq.).
These statutes mandate that FSIS
protect the public by verifying that
meat, poultry, and egg products are safe,
wholesome, and properly labeled.
Need and Use of the Information: SIP
offers incentives to meat and poultry
slaughter establishments to control
Salmonella in their operations. SIP does
this by granting waivers of regulatory
requirements with the condition that
establishments test for Salmonella,
Campylobacter (if applicable), and
generic E. coli or other indicator
organisms and share all sample results
with FSIS. SIP benefits public health
because it encourages establishments to
test for microbial pathogens, which is a
key feature of effective process control.
Description of Respondents: Business
or other for-profit.
Number of Respondents: 79.
Frequency of Responses: Reporting:
On occasion.
Total Burden Hours: 17,628.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2023–28576 Filed 12–27–23; 8:45 am]
BILLING CODE 3410–DM–P
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Natural Resources Conservation
Service
[Docket No. NRCS–2023–0018]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Rattlesnake Creek Watershed Plan,
in Stafford, Pratt, Rice, Reno, and
Edwards Counties, Kansas
Natural Resources
Conservation Service, USDA.
ACTION: Notice of intent (NOI) to prepare
an environmental impact statement
(EIS).
AGENCY:
The Natural Resources
Conservation Service (NRCS) Kansas
State Office in cooperation with U.S.
Army Corps of Engineers (USACE), U.S.
Fish and Wildlife Service (USFWS),
Environmental Protection Agency
(EPA), Kansas Department of Health and
the Environment (KDHE), Kansas
Department of Agriculture (KDA), and
Big Bend Groundwater Management
District 5 (GMD–5) (project sponsor),
announces its intent to prepare a
watershed plan and EIS for the
Rattlesnake Creek Watershed Plan, in
Stafford County, KS. The proposed
watershed plan will examine alternative
solutions for GMD–5 to provide
agricultural water management
measures to Rattlesnake Creek and
Quivira National Wildlife Refuge
(NWR). 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 February 12, 2024.
Comments received after close of the
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–2023–0018. Follow
the online instructions for submitting
comments; or
• Mail or Hand Delivery: Larry
Schieferecke, Kansas State Conservation
Engineer, USDA, NRCS, Kansas State
Office, 760 South Broadway Boulevard,
Salina, Kansas 67401–4604. In your
comments, specify the docket ID NRCS–
2023–0018.
All comments received will be posted
without change and made publicly
available on www.regulation.gov.
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FOR FURTHER INFORMATION CONTACT:
Larry Schieferecke; telephone: (785)
823–4534; email: larry.schieferecke@
usda.gov. 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 for long-term,
sustainable agricultural water
management within the Rattlesnake
Creek subbasin, including project
components to address the impairment
at Quivira NWR. GMD–5 has been
awarded federal funding from NRCS
through the Watershed Protection and
Flood Prevention Act (Pub. L. 83–566,
16 U.S.C. 1001–1008—referred to as PL–
566 in this document) to provide for
long-term, sustainable agricultural water
management within the Rattlesnake
Creek subbasin of GMD–5, including
project components to help address the
impairment at Quivira NWR. The
project is essential for the Quivira
NWR’s ongoing senior water right
impairment (as described below), and
the importance of groundwater to the
agricultural economy. The sustainability
of Quivira NWR relies on surface water
diversions that the KDA Division of
Water Resource (KDA–DWR) has
deemed impaired due to junior
groundwater pumping. A predictable
and consistent source of water is also
required to support the region’s
agricultural economy. Providing longterm agricultural water management for
the region would help provide water
resources for both the agricultural
economy and help remedy Quivira
NWR’s impaired senior water right.
A project will be developed through
the preparation of the EIS that would
assure a water supply for Quivira NWR
while considering and minimizing
economic impacts to the surrounding
agricultural economy. In the state of
Kansas, the use of water is monitored
and regulated by KDA–DWR.
Individuals that use the state water
resources for any purpose other than
domestic use is required to obtain a
permit, or ‘‘water right.’’ The state
regulates the water use under the prior
appropriation doctrine, which provides
priority access to individuals with older
(or senior) water rights during water
shortages as opposed to individuals
with newer (or junior) water rights. The
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Notices
state does not guarantee the availability
of a certain amount of water. The water
right holder is entitled to the authorized
amount while considering seniority and
the natural availability of water and
entitled to divert water at times when it
is most beneficial. Impairment could
still occur because sufficient water is
unavailable when the water is most
beneficial, even though it is available on
an annual basis. The 22,135 acre
Quivira NWR is located at the
northeastern end of the subbasin and
Rattlesnake Creek flows through the
refuge before discharging into the
Arkansas River. The USFWS holds
Water Right File Number 7,571 for the
management of Quivira NWR. This
water right, which is senior in priority
to approximately 95 percent of all other
water rights in the Rattlesnake Creek
subbasin, has been impaired frequently
over the past 20 years as determined by
the KDA Chief Engineer.
Surface water and groundwater are
essential resources to the central Kansas
economy and environment.
Management of the Rattlesnake Creek
subbasin and its interrelated water
resources has been difficult and
complex because it involves
administration of multiple users of a
limited resource. The resource is relied
upon for ecosystem sustainability
(through management of surface water
at the Quivira NWR; Recreational use)
and for irrigated agriculture (through
groundwater pumping), all of which are
of equal importance in Kansas. To
regulate water use, the state of Kansas
uses a system of water rights, which
dictates when and how much water may
be diverted by users.
GMD–5 can assist the state of Kansas
with the management of groundwater
through various options. KDA–DWR has
determined that surface water flows
have been insufficient to support
management practices at Quivira NWR
during certain years and periods within
those years because of the reductions in
streamflow caused by groundwater use.
Finding an agreeable solution that
balances the needs of the Quivira NWR
while limiting impacts to agriculture
has been challenging.
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Preliminary Proposed Action and
Alternatives
The objective of the EIS is to
formulate and evaluate alternatives for
agricultural water needs and
augmentation of wellfield and
associated pipeline of water to
Rattlesnake Creek upstream of Quivira
NWR. This EIS is expected to evaluate
three alternatives: two action
alternatives, and one no action
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alternative. The alternatives that may be
considered for detailed analysis include:
• Alternative 1—Proposed Action—
Augmentation Wellfield and
Groundwater Use Reduction
Alternative: The proposed action is to
construct an augmentation wellfield and
associated pipeline that provides 15 to
18 cubic feet per second (cfs) of water
to Rattlesnake Creek upstream of
Quivira NWR. Additionally, 2,500 acres
of targeted water right retirements and
compensated conservation measures
would be implemented. Finally, the
proposed action would implement a
multi-stakeholder adaptive management
approach that would evaluate the
success of the augmentation wellfield,
water right retirements, and
compensated conservation measures on
an annual basis, and decrease pumping
or increase groundwater retirements as
needed to meet the Quivira NWR
management goals and objectives.
• Alternative 2—No Action
Alternative: Taking no action predicts
USFWS, the senior water right holder in
the basin, will file a request to secure
water with KDA–DWR for the
impairment finding to the Quivira NWR
if the project were not authorized and
implemented under the PL–566
program. KDA–DWR would then
administer the water right consistent
with Kansas Statutes Annotated 82a706b, which would restrict junior water
right irrigation within the basin for
irrigated crops. The decrease in
irrigation will have severe negative
effects to the local agricultural economy
and agricultural producers due to
decreased crop yields.
• Alternative 3—Groundwater Use
Reduction Alternative: The groundwater
use reduction alternative would rely
solely on reductions in groundwater use
without development of an
augmentation wellfield to increase
Rattlesnake Creek streamflow. The
groundwater use reduction alternative
would incorporate the establishment of
either a local enhancement management
area (LEMA) or an intensive
groundwater use control area (IGUCA).
Either a LEMA or an IGUCA would
implement measures to reduce
groundwater use to avoid an
impairment to the senior water right
held by the USFWS. This alternative
would allow GMD–5 to develop or
initiate groundwater reduction measures
prior to KDA–DWR enforcement;
whereas the no-action alternative could
potentially lead to water enforcement
activities that are determined by KDA–
DWR.
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89657
Summary of Expected Impacts
The following affected environment
categories had the largest comparative
difference and are heavily weighted in
the proposed action alternative selection
process.
• Aquifers and Sole Source Aquifers;
• Environmental Justice and
Socioeconomic Status;
• Surface Water Resources and Water
Quality; and
• Riparian Area.
All three alternatives have beneficial
impacts to Rattlesnake Creek and
Quivira NWR. The modeling data shows
that all three alternatives will meet
USFWS’s water right. However, the
Augmentation Wellfield and
Groundwater Use Reduction Alternative
would have the most immediate
beneficial impact to Rattlesnake Creek
and Quivira NWR following
construction of the augmentation
wellfield. Additionally, the Quivira
NWR water needs would be met by
engaging the augmentation wellfield
pumps rather than relying on rainfall
and climate conditions.
The No Action and Groundwater Use
Reduction alternatives both resulted in
a reduction in irrigation pumping that
provides beneficial impacts outside of
Rattlesnake Creek and Quivira NWR
that include benefits to the local aquifer,
surface water resources, and riparian
areas. The reduction in irrigation
pumping that causes an increase in
Rattlesnake Creek flow and available
water to Quivira NWR results in benefits
to the local aquifer, and in effect, the
surrounding streams, wetlands, and
riparian areas. These effects benefit fish
and wildlife resources including
wildlife habitat and potentially
threatened and endangered species
outside of Quivira NWR. The human
environment is improved by having a
diversity of species and increased water
resources in a relatively dry climate.
Though the Augmentation Wellfield
and Groundwater Used Reduction
Alternative includes a reduction in
irrigation pumping (2,500 acre-feet per
year), the primary water source is
augmentation wellfield pumping. There
are minimal beneficial impacts to areas
outside Rattlesnake Creek and Quivira
NWR compared to the No Action and
Groundwater Use Reduction
alternatives.
Under the No Action and
Groundwater Use Reduction
alternatives, the reduction in irrigation
pumping comes at a significant cost to
the regional economy and has a negative
impact on low-income populations. In
summary, the analysis showed the
following for each alternative based on
different crop scenarios:
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• No Action Alternative: Net farm
income under this alternative would
decrease between $6.1 million and
$12.1 million, annually, as compared to
existing conditions.
• Augmentation Wellfield and
Groundwater Use Reduction
Alternative: Net farm income under this
alternative would increase between $6.0
million and $11.8 million annually,
relative to the No Action Alternative
and would decrease between $0.1
million and $0.3 million annually, as
compared to existing conditions.
• Groundwater Use Reduction
Alternative: This alternative would lead
to a reduction in net farm income of
between $586,000 and $788,000
annually, relative to the No Action
Alternative and would be a decrease of
$5.5 million and $11.3 million annually,
as compared to existing conditions.
Anticipated Permits and Authorizations
The following permits and
authorizations are anticipated to be
required:
• Clean Water Act Section 404. A
Clean Water Act section 404 permit
must be obtained from the USACE to
account for fills within jurisdictional
waters of the United States (WOTUS). If
needed, GMD–5 will obtain a Clean
Water Act section 404 permit prior to
construction.
• Endangered Species Act Section 7.
GMD–5 is currently developing a
Biological Assessment (BA) to support
ESA section 7 consultation with the
USFWS.
• National Historic Preservation Act
(NHPA) Section 106. A Cultural
Resources Inventory Report will be
prepared and submitted to the Kansas
State Historic Preservation Office
(SHPO) for concurrence. Based on
results in the report, the Kansas SHPO
will make a determination on whether
the project may affect cultural resources
that are either listed on or eligible for
listing in the National Register of
Historic Places (NRHP).
• State Sensitive Species. GMD–5
will consult with the Kansas
Department of Wildlife and Parks
(KDWP) for activities that may affect
state threatened or endangered species.
If needed, the KDWP is required to issue
special action permits for activities that
may affect these species or statedesignated critical habit.
• National Pollutant Discharge
Elimination System and Storm Water
Pollution Prevention Plan. A
construction site discharge permit
(NPDES) is required by the KDHE on
behalf of the EPA if a construction site
footprint is greater than 1 acre.
Construction of the Proposed Action
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would involve more than 1 acre of
disturbance; therefore, a Stormwater
Pollution Prevention Plan (SWPPP) will
be developed to minimize pollution
from soil erosion and other sources
during construction.
• Construction Permits. Any
construction permits required from
Stafford County will be obtained prior
to construction.
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 Kansas NRCS State
Conservationist.
Public Scoping Process
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.
An open house public meeting was
held January 13, 2022, from 4–6 p.m. in
the Community Room at the Stafford
County Annex in St. John, Kansas. The
purpose of the meeting was to share
information about the watershed
planning process and to gather feedback
from the public on how to improve
agricultural water supply and fish and
wildlife habitat within the Rattlesnake
Creek Watershed in Stafford County.
Approximately 31 people signed into
the meeting.
Public notices advertising the meeting
were published in the Great Bend
Tribune, Hutchinson News, Stafford
Courier, Pratt Tribune, and Saint John
News newspapers. Postcard invitations
were sent to approximately 775 citizens
and other interested parties near the
proposed project area. A meeting notice
was also published on the GMD–5’s
website.
Information shared at the meeting
included the project background and
location, project purpose and need,
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description of the purpose of and
process for developing a watershed
plan, environmental considerations
within the project area, organizational
information about the NRCS and GMD–
5, and methods for providing public
input. Draft scoping information and an
executive summary were also provided
at the meeting.
The project team received 11
comments during the specified 30-day
comment period (December 29, 2021,
through January 31, 2022).
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
Rattlesnake Creek Watershed 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
Rattlesnake Creek project will assist
NRCS in identifying and evaluating
impacts to such resources in the context
of both the 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
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.
1 See
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Notices
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 Rattlesnake Creek
project is subject to the provisions of
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials.
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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 the 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: (1) mail to: U.S. Department
of Agriculture, Office of the Assistant
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Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410; (2) fax: (202) 690–7442;
or (3) email: program.intake@usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Kristin Ethridge,
Kansas Acting State Conservationist, Natural
Resources Conservation Service.
[FR Doc. 2023–28592 Filed 12–27–23; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–876]
Welded Line Pipe From the Republic of
Korea: Preliminary Results of
Antidumping Duty Administrative
Review and Partial Rescission of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that SeAH Steel Corporation
(SeAH), a producer/exporter of welded
line pipe, did not make sales of subject
merchandise at less than normal value
(NV) during the period of review (POR),
December 1, 2021, through November
31, 2022. Interested parties are invited
to comment on these preliminary results
of review.
DATES: Applicable December 28, 2023.
FOR FURTHER INFORMATION CONTACT:
Adam Simons, 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) 482–6172.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 2, 2023, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty order on welded line
pipe from the Republic of Korea
(Korea).1 On February 14, 2023,
NEXTEEL Co., Ltd. (NEXTEEL) timely
withdrew its request for review.2 On
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
7060 (February 2, 2023); see also Welded Line Pipe
from the Republic of Korea and the Republic of
Turkey: Antidumping Duty Orders, 80 FR 75056,
75057 (December 1, 2015) (Order).
2 See NEXTEEL’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated February 14,
2023.
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89659
March 10 and 14, 2023, Hyundai Steel
Company (Hyundai Steel) and Husteel
Co., Ltd. (Husteel), respectively, timely
withdrew their requests for review.3 On
August 10, 2023, we extended the
preliminary results of this review to no
later than December 20, 2023.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum. A
list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to the Order
is welded line pipe from Korea. The
product is currently classified under the
following Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 7305.11.1030,
7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030,
7305.19.5000, 7306.19.1010,
7306.19.1050, 7306.19.5110, and
7306.19.5150. Although the HTSUS
subheadings are provided for
convenience and for customs purposes,
the written product description remains
dispositive. For a complete description
of the scope of the Order, see the
Preliminary Decision Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested a review
3 See Hyundai Steel’s Letter, ‘‘Withdrawal of
Request for Administrative Review,’’ dated March
10, 2023; and Husteel’s Letter, ‘‘Withdrawal of
Request for Administrative Review,’’ dated March
14, 2023.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2021–2022 Antidumping
Duty Administrative Review,’’ dated August 10,
2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
Administrative Review of the Antidumping Duty
Order on Welded Line Pipe from Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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]]>Agencies
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89656-89659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28592]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2023-0018]
Notice of Intent To Prepare an Environmental Impact Statement for
the Rattlesnake Creek Watershed Plan, in Stafford, Pratt, Rice, Reno,
and Edwards Counties, Kansas
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) Kansas State
Office in cooperation with U.S. Army Corps of Engineers (USACE), U.S.
Fish and Wildlife Service (USFWS), Environmental Protection Agency
(EPA), Kansas Department of Health and the Environment (KDHE), Kansas
Department of Agriculture (KDA), and Big Bend Groundwater Management
District 5 (GMD-5) (project sponsor), announces its intent to prepare a
watershed plan and EIS for the Rattlesnake Creek Watershed Plan, in
Stafford County, KS. The proposed watershed plan will examine
alternative solutions for GMD-5 to provide agricultural water
management measures to Rattlesnake Creek and Quivira National Wildlife
Refuge (NWR). 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 February 12, 2024.
Comments received after close of the 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-2023-0018. Follow the
online instructions for submitting comments; or
Mail or Hand Delivery: Larry Schieferecke, Kansas State
Conservation Engineer, USDA, NRCS, Kansas State Office, 760 South
Broadway Boulevard, Salina, Kansas 67401-4604. In your comments,
specify the docket ID NRCS-2023-0018.
All comments received will be posted without change and made
publicly available on www.regulation.gov.
FOR FURTHER INFORMATION CONTACT: Larry Schieferecke; telephone: (785)
823-4534; 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 for long-
term, sustainable agricultural water management within the Rattlesnake
Creek subbasin, including project components to address the impairment
at Quivira NWR. GMD-5 has been awarded federal funding from NRCS
through the Watershed Protection and Flood Prevention Act (Pub. L. 83-
566, 16 U.S.C. 1001-1008--referred to as PL-566 in this document) to
provide for long-term, sustainable agricultural water management within
the Rattlesnake Creek subbasin of GMD-5, including project components
to help address the impairment at Quivira NWR. The project is essential
for the Quivira NWR's ongoing senior water right impairment (as
described below), and the importance of groundwater to the agricultural
economy. The sustainability of Quivira NWR relies on surface water
diversions that the KDA Division of Water Resource (KDA-DWR) has deemed
impaired due to junior groundwater pumping. A predictable and
consistent source of water is also required to support the region's
agricultural economy. Providing long-term agricultural water management
for the region would help provide water resources for both the
agricultural economy and help remedy Quivira NWR's impaired senior
water right.
A project will be developed through the preparation of the EIS that
would assure a water supply for Quivira NWR while considering and
minimizing economic impacts to the surrounding agricultural economy. In
the state of Kansas, the use of water is monitored and regulated by
KDA-DWR. Individuals that use the state water resources for any purpose
other than domestic use is required to obtain a permit, or ``water
right.'' The state regulates the water use under the prior
appropriation doctrine, which provides priority access to individuals
with older (or senior) water rights during water shortages as opposed
to individuals with newer (or junior) water rights. The
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state does not guarantee the availability of a certain amount of water.
The water right holder is entitled to the authorized amount while
considering seniority and the natural availability of water and
entitled to divert water at times when it is most beneficial.
Impairment could still occur because sufficient water is unavailable
when the water is most beneficial, even though it is available on an
annual basis. The 22,135 acre Quivira NWR is located at the
northeastern end of the subbasin and Rattlesnake Creek flows through
the refuge before discharging into the Arkansas River. The USFWS holds
Water Right File Number 7,571 for the management of Quivira NWR. This
water right, which is senior in priority to approximately 95 percent of
all other water rights in the Rattlesnake Creek subbasin, has been
impaired frequently over the past 20 years as determined by the KDA
Chief Engineer.
Surface water and groundwater are essential resources to the
central Kansas economy and environment. Management of the Rattlesnake
Creek subbasin and its interrelated water resources has been difficult
and complex because it involves administration of multiple users of a
limited resource. The resource is relied upon for ecosystem
sustainability (through management of surface water at the Quivira NWR;
Recreational use) and for irrigated agriculture (through groundwater
pumping), all of which are of equal importance in Kansas. To regulate
water use, the state of Kansas uses a system of water rights, which
dictates when and how much water may be diverted by users.
GMD-5 can assist the state of Kansas with the management of
groundwater through various options. KDA-DWR has determined that
surface water flows have been insufficient to support management
practices at Quivira NWR during certain years and periods within those
years because of the reductions in streamflow caused by groundwater
use. Finding an agreeable solution that balances the needs of the
Quivira NWR while limiting impacts to agriculture has been challenging.
Preliminary Proposed Action and Alternatives
The objective of the EIS is to formulate and evaluate alternatives
for agricultural water needs and augmentation of wellfield and
associated pipeline of water to Rattlesnake Creek upstream of Quivira
NWR. This EIS is expected to evaluate three alternatives: two action
alternatives, and one no action alternative. The alternatives that may
be considered for detailed analysis include:
Alternative 1--Proposed Action--Augmentation Wellfield and
Groundwater Use Reduction Alternative: The proposed action is to
construct an augmentation wellfield and associated pipeline that
provides 15 to 18 cubic feet per second (cfs) of water to Rattlesnake
Creek upstream of Quivira NWR. Additionally, 2,500 acres of targeted
water right retirements and compensated conservation measures would be
implemented. Finally, the proposed action would implement a multi-
stakeholder adaptive management approach that would evaluate the
success of the augmentation wellfield, water right retirements, and
compensated conservation measures on an annual basis, and decrease
pumping or increase groundwater retirements as needed to meet the
Quivira NWR management goals and objectives.
Alternative 2--No Action Alternative: Taking no action
predicts USFWS, the senior water right holder in the basin, will file a
request to secure water with KDA-DWR for the impairment finding to the
Quivira NWR if the project were not authorized and implemented under
the PL-566 program. KDA-DWR would then administer the water right
consistent with Kansas Statutes Annotated 82a-706b, which would
restrict junior water right irrigation within the basin for irrigated
crops. The decrease in irrigation will have severe negative effects to
the local agricultural economy and agricultural producers due to
decreased crop yields.
Alternative 3--Groundwater Use Reduction Alternative: The
groundwater use reduction alternative would rely solely on reductions
in groundwater use without development of an augmentation wellfield to
increase Rattlesnake Creek streamflow. The groundwater use reduction
alternative would incorporate the establishment of either a local
enhancement management area (LEMA) or an intensive groundwater use
control area (IGUCA). Either a LEMA or an IGUCA would implement
measures to reduce groundwater use to avoid an impairment to the senior
water right held by the USFWS. This alternative would allow GMD-5 to
develop or initiate groundwater reduction measures prior to KDA-DWR
enforcement; whereas the no-action alternative could potentially lead
to water enforcement activities that are determined by KDA-DWR.
Summary of Expected Impacts
The following affected environment categories had the largest
comparative difference and are heavily weighted in the proposed action
alternative selection process.
Aquifers and Sole Source Aquifers;
Environmental Justice and Socioeconomic Status;
Surface Water Resources and Water Quality; and
Riparian Area.
All three alternatives have beneficial impacts to Rattlesnake Creek
and Quivira NWR. The modeling data shows that all three alternatives
will meet USFWS's water right. However, the Augmentation Wellfield and
Groundwater Use Reduction Alternative would have the most immediate
beneficial impact to Rattlesnake Creek and Quivira NWR following
construction of the augmentation wellfield. Additionally, the Quivira
NWR water needs would be met by engaging the augmentation wellfield
pumps rather than relying on rainfall and climate conditions.
The No Action and Groundwater Use Reduction alternatives both
resulted in a reduction in irrigation pumping that provides beneficial
impacts outside of Rattlesnake Creek and Quivira NWR that include
benefits to the local aquifer, surface water resources, and riparian
areas. The reduction in irrigation pumping that causes an increase in
Rattlesnake Creek flow and available water to Quivira NWR results in
benefits to the local aquifer, and in effect, the surrounding streams,
wetlands, and riparian areas. These effects benefit fish and wildlife
resources including wildlife habitat and potentially threatened and
endangered species outside of Quivira NWR. The human environment is
improved by having a diversity of species and increased water resources
in a relatively dry climate.
Though the Augmentation Wellfield and Groundwater Used Reduction
Alternative includes a reduction in irrigation pumping (2,500 acre-feet
per year), the primary water source is augmentation wellfield pumping.
There are minimal beneficial impacts to areas outside Rattlesnake Creek
and Quivira NWR compared to the No Action and Groundwater Use Reduction
alternatives.
Under the No Action and Groundwater Use Reduction alternatives, the
reduction in irrigation pumping comes at a significant cost to the
regional economy and has a negative impact on low-income populations.
In summary, the analysis showed the following for each alternative
based on different crop scenarios:
[[Page 89658]]
No Action Alternative: Net farm income under this
alternative would decrease between $6.1 million and $12.1 million,
annually, as compared to existing conditions.
Augmentation Wellfield and Groundwater Use Reduction
Alternative: Net farm income under this alternative would increase
between $6.0 million and $11.8 million annually, relative to the No
Action Alternative and would decrease between $0.1 million and $0.3
million annually, as compared to existing conditions.
Groundwater Use Reduction Alternative: This alternative
would lead to a reduction in net farm income of between $586,000 and
$788,000 annually, relative to the No Action Alternative and would be a
decrease of $5.5 million and $11.3 million annually, as compared to
existing conditions.
Anticipated Permits and Authorizations
The following permits and authorizations are anticipated to be
required:
Clean Water Act Section 404. A Clean Water Act section 404
permit must be obtained from the USACE to account for fills within
jurisdictional waters of the United States (WOTUS). If needed, GMD-5
will obtain a Clean Water Act section 404 permit prior to construction.
Endangered Species Act Section 7. GMD-5 is currently
developing a Biological Assessment (BA) to support ESA section 7
consultation with the USFWS.
National Historic Preservation Act (NHPA) Section 106. A
Cultural Resources Inventory Report will be prepared and submitted to
the Kansas State Historic Preservation Office (SHPO) for concurrence.
Based on results in the report, the Kansas SHPO will make a
determination on whether the project may affect cultural resources that
are either listed on or eligible for listing in the National Register
of Historic Places (NRHP).
State Sensitive Species. GMD-5 will consult with the
Kansas Department of Wildlife and Parks (KDWP) for activities that may
affect state threatened or endangered species. If needed, the KDWP is
required to issue special action permits for activities that may affect
these species or state-designated critical habit.
National Pollutant Discharge Elimination System and Storm
Water Pollution Prevention Plan. A construction site discharge permit
(NPDES) is required by the KDHE on behalf of the EPA if a construction
site footprint is greater than 1 acre. Construction of the Proposed
Action would involve more than 1 acre of disturbance; therefore, a
Stormwater Pollution Prevention Plan (SWPPP) will be developed to
minimize pollution from soil erosion and other sources during
construction.
Construction Permits. Any construction permits required
from Stafford County will be obtained prior to construction.
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
Kansas NRCS State Conservationist.
Public Scoping Process
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.
An open house public meeting was held January 13, 2022, from 4-6
p.m. in the Community Room at the Stafford County Annex in St. John,
Kansas. The purpose of the meeting was to share information about the
watershed planning process and to gather feedback from the public on
how to improve agricultural water supply and fish and wildlife habitat
within the Rattlesnake Creek Watershed in Stafford County.
Approximately 31 people signed into the meeting.
Public notices advertising the meeting were published in the Great
Bend Tribune, Hutchinson News, Stafford Courier, Pratt Tribune, and
Saint John News newspapers. Postcard invitations were sent to
approximately 775 citizens and other interested parties near the
proposed project area. A meeting notice was also published on the GMD-
5's website.
Information shared at the meeting included the project background
and location, project purpose and need, description of the purpose of
and process for developing a watershed plan, environmental
considerations within the project area, organizational information
about the NRCS and GMD-5, and methods for providing public input. Draft
scoping information and an executive summary were also provided at the
meeting.
The project team received 11 comments during the specified 30-day
comment period (December 29, 2021, through January 31, 2022).
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
Rattlesnake Creek Watershed 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 Rattlesnake Creek
project will assist NRCS in identifying and evaluating impacts to such
resources in the context of both the 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 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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[[Page 89659]]
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 Rattlesnake Creek 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, 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
the 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: (1) mail to: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-
7442; or (3) email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Kristin Ethridge,
Kansas Acting State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2023-28592 Filed 12-27-23; 8:45 am]
BILLING CODE 3410-16-P
