Notice of Intent To Prepare an Environmental Impact Statement for the Elm and Turkey Creeks Watershed Project in Buffalo and Dawson Counties, Nebraska, 50549-50551 [2024-13128]

Agencies

• DEPARTMENT OF AGRICULTURE
• Natural Resources Conservation Service

[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Notices]
[Pages 50549-50551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13128]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2024-0010]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Elm and Turkey Creeks Watershed Project in Buffalo and Dawson 
Counties, Nebraska

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice of Intent (NOI) to prepare an Environmental Impact 
Statement (EIS).

-----------------------------------------------------------------------

SUMMARY: The Natural Resources Conservation Service (NRCS) Nebraska 
State Office announces its intent to prepare an EIS that will examine 
alternative solutions to flood risk reduction for the Elm and Turkey 
Creeks Project watershed plan for these watersheds near Kearney, 
Nebraska. The Elm Creek and Turkey Creek Watersheds face recurring 
flooding issues due to limited channel capacity and frequent overland 
flooding. A catastrophic 2019 flood caused significant damage to 
properties and infrastructure, with estimated losses exceeding $35 
million in the Kearney area. The watershed's rural economy relies on 
agriculture, and addressing these challenges is crucial for managing 
flood impacts and protecting lives and property. NRCS is requesting 
comments to identify significant issues, potential alternatives, 
information, and analyses relevant to the proposed action from all 
interested individuals, Federal and State agencies, and Tribes.

DATES: We will consider comments that we receive by July 15, 2024. We 
will consider comments received after close of the comment period 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-2024-0010. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: Melissa Baier, Assistant State 
Conservationist-Water Resources and Easements, 100 Centennial Mall 
North, Room 343, Lincoln, Nebraska 68508. In your comments, specify the 
docket ID NRCS-2024-0010.
    All comments received will be posted without change and made 
publicly available on www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Melissa Baier, telephone: (402) 437-
4065; email: [email protected]. In addition, for questions related 
to submitting comments via Watershed Project Coordinator: Nicole 
Zimmerman at (402) 437-4031; email: [email protected], or the 
project website at: https://storymaps.arcgis.com/stories/5a104fadbc674bda9d8f85d9c1458582.
    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 
prevention for both communities and agricultural lands in the Elm Creek 
and Turkey Creek Watersheds located in the jurisdiction of the Central 
Platte Natural Resources District (CPNRD) across Dawson and Buffalo 
Counties in Nebraska. The watershed is primarily

[[Page 50550]]

used for agriculture, with 47 percent allocated to pasture and 42 
percent to row crops. Agriculture sales in Buffalo and Dawson Counties 
accounted for approximately 5 percent of Nebraska's total of $29.4 
billion in 2022. 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 project is essential to create and protect wildlife habitats, 
contributing to biodiversity and maintaining ecological balance. By 
effectively managing water resources, CPNRD plays a crucial role in 
reducing flood risks and safeguarding lives and property. The 
requirements of CPNRD for watershed projects include: having the power 
of eminent domain, obtaining necessary permits and licenses, 
alternative financing, securing land treatment agreements above 
reservoirs, encouraging public participation, demonstrating financial 
commitment, implementing watershed management features, and ensuring 
acceptable municipal and industrial water supply standards. These 
authorities collectively contribute to effective watershed management 
and sustainable resource use.
    This action is needed because areas of the Elm Creek and Turkey 
Creek Watersheds are repeatedly subject to damaging overland and flash 
flooding, including recent extensive flooding in 2019. The flood caused 
significant damage to properties and infrastructure, with estimated 
losses exceeding $35 million in the Kearney area.
    As a result of the new information obtained during the development 
of an environmental assessment, the level of analysis is more extensive 
than anticipated during the scoping held in 2021. The proposed action 
includes work to widen a stream channel to increase capacity where 
significant wildlife habitat exists. In accordance with 7 CFR 
650.7(a)(1), an EIS is required.

Preliminary Proposed Action and Alternatives, Including No Action

    The EIS objective is to formulate and evaluate alternatives for the 
purpose of reducing flood risk and damages to the community of Kearney, 
and the Elm Creek and Turkey Creek Watershed project 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--No Action Alternative: Taking no action 
would consist of activities conducted if no federal action or funding 
were provided. If the No Action Alternative is selected, there would be 
no implementation of any flood damage reduction measures, and flood 
damages to communities and agricultural lands would continue. The 
conditions of this alternative were used as the baseline to evaluate 
the effectiveness of the other alternatives in reducing flooding 
damages. No federal action or funding would be associated with the No 
Action Alternative.
     Alternative 2--Proposed Action--Diversion Channels. This 
alternative involves creating diversion channels to redirect 
floodwaters away from Turkey Creek and toward the Platte River. Various 
potential locations for these diversion channels were explored across 
the watershed. Based on flood modeling, it was determined that one or 
more diversion channels could effectively mitigate flooding in Kearney 
and protect the surrounding agricultural areas. The public and 
landowners in the watershed also expressed support for this diversion 
channel approach.

Summary of Expected Impacts

    The proposed action includes widening a stream channel within 
critical habitat of the whooping crane. Per 7 CFR 650.7(a)(1), an EIS 
is required for projects that include stream channel realignment or 
work to modify channel capacity by deepening or widening where 
significant aquatic or wildlife habitat exists. The NRCS Nebraska State 
Conservationist, has determined that the preparation of an EIS is 
required for this watershed project. The 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. CPNRD and NRCS 
evaluated the current conditions of the Elm Creek and Turkey Creek 
watersheds, which have been repeatedly subjected to flooding problems. 
The limited capacity of the channels is intensified by overflows from 
the Kearney Canal entering Turkey Creek, adding further stress to the 
waterways. The flat topography has led to frequent overland flooding 
from both Elm and Turkey Creeks, resulting in repetitive flood damaged 
areas outside and within the Village of Elm Creek and within the City 
of Kearney and surrounding areas along with relevant resource concerns 
for each proposed solution. Environmental resources in the project area 
consist of the natural and human-made environment. Resource concerns to 
be identified and addressed in the Watershed Plan-EIS include critical 
habitat for the endangered Whooping Crane (Grus americana), includes 
restored and federally protected roosting, foraging, and wetland 
habitats along the Platte River bottom. Tableland and the watershed 
falls into Biologically Unique Landscape, due to its potential for 
improved soil health, agricultural productivity, increased wildlife 
habitat, improved water quality, and reduced erosion and land loss 
indicating its unique ecological features. The EIS will guide decision-
making to ensure sustainable and responsible use of the watershed, to 
protect the Whooping Crane, other wildlife, and the unique ecological 
features of the area.

Anticipated Permits and Authorizations

    The following permits and authorizations are anticipated to be 
required:
     Federal Emergency Management Agency, Floodplain 
Development permit. Implementation of the proposed action would require 
coordination with the local floodplain administrator and may require a 
Floodplain Development Permit to ensure all development and engineering 
requirements for construction within the Special Flood Hazard Areas are 
implemented.
     Clean Water Act (CWA) and National Pollutant Discharge 
Elimination System (NPDES). The project would require water quality 
certification under section 401 of the CWA, permitting under section 
402 of the NPDES, and section 404 of the CWA for potential wetland 
impacts.
     National Historic Preservation Act (NHPA) Section 106. 
Consultation with Tribal Nations and interested parties would be 
conducted as required by the NHPA.
     Nationwide Permit 43 (Stormwater Management Facilities) 
was identified as an appropriate permitting mechanism for this project.
     Nebraska Department of Natural Resources Dam Safety 
Section to review and approve applicable final engineering plans and 
provide a construction permit prior to construction, if necessary.
     Solid waste management and compliance, per the Nebraska 
Department of Energy and Environment regulations in Nebraska title 128 
and title 132, must be followed during construction.

Schedule of Decision-Making Process

    A Draft EIS (DEIS) will be prepared and circulated for review and 
comment by agencies, Tribes, consulting parties,

[[Page 50551]]

and the public for 45 days as required by the regulations in 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 5 months of completion of the public comment period 
for the DEIS.
    NRCS will decide whether to implement one of the action 
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 NRCS 
is the Nebraska NRCS State Conservationist.

Public Scoping Process

    A public scoping meeting was held on February 23, 2021. Comments 
received, including the names and addresses of those who commented, 
were part of the public record. Scoping meeting presentation materials 
were available for review and comment for 30 days from February 23, 
2021, through March 25, 2021. The date, time, and location for a second 
meeting will be announced on the project website.
    Federal, State, Tribal, local agencies and representatives, and the 
public were invited to take part in the watershed plan scoping period. 
CPNRD and NRCS organized the public scoping meeting to provide an 
opportunity to review and evaluate the project alternatives, express 
concern, or support, and gain further information regarding the 
project. To determine the most viable alternatives for the EIS, CPNRD 
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.
    NRCS will coordinate the scoping process to correspond with section 
106 of the National Historic Preservation Act (NHPA) (54 U.S.C. 306108) 
as allowed in 36 CFR 800.2(d)(3) and 800.8.

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 Elm 
and Turkey Creeks watersheds to provide written comments concerning the 
scope of the analysis and identification of potential alternatives, 
information, and analyses relevant to the Proposed Action.
    The information about historic and cultural resources within the 
area potentially affected by the proposed project will assist NRCS in 
identifying and evaluating impacts to such resources in the context of 
both NEPA and NHPA.
    NRCS will consult with applicable Native American tribes on a 
government-to-government basis in accordance with the regulations in 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 as specified by the NEPA regulations 
regarding publication of an 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 https://sam.gov/content/assistance-listings.
---------------------------------------------------------------------------

Executive Order 12372

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' requires consultation with State and local officials that 
would be directly affected by proposed Federal financial assistance. 
The objectives of the Executive order are to foster an 
intergovernmental partnership and a strengthened federalism, by relying 
on State and local processes for State and local government 
coordination and review of proposed Federal financial assistance and 
direct Federal development. This 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 
USDA TARGET Center at (202) 720-2600 (voice and 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.

Robert D. Lawson,
Nebraska State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2024-13128 Filed 6-13-24; 8:45 am]
BILLING CODE 3410-16-P