[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Notices]
[Pages 78769-78771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32466]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Mill Creek Watershed, Richland County, WI

AGENCY: Natural Resources Conservation Service.

ACTION: Notice of a finding of no significant impact.

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SUMMARY: Pursuant to section 102(2)(c) of the National Environmental 
Policy Act of 1969; the Council on Environmental Quality Regulations 
(40 CFR part 1500); and the Natural Resources Conservation Service 
Regulations (7 CFR part 650); the Natural Resources Conservation 
Service, U.S. Department of Agriculture, gives notice that an 
environmental impact statement is not being prepared for the Mill Creek 
Watershed, Richland County, Wisconsin.

FOR FURTHER INFORMATION CONTACT: Tom Krapf, Water Resources Staff 
Leader, Natural Resources Conservation Service, 6515 Watts Road, Suite 
200, Madison, Wisconsin, 53719. Telephone (608) 276-8732.

SUPPLEMENTARY INFORMATION: The environmental assessment of this 
federally assisted action indicates that the project will not cause 
significant local, regional, or national impacts on the environment. As 
a result of these findings, Don Baloun, Acting State Conservationist, 
has determined that the preparation and review of an environmental 
impact statement are not needed for this project.
    The project purpose is flood prevention. The planned works of 
improvement include the floodproofing of two dwellings which are in the 
hydraulic shadow of Structure Number 10, and the enactment of a county 
floodplain zoning ordinance which restricts future development within 
the hydraulic shadow of Structure Number 10. Sediment will be removed 
from the pond behind the dam. The dam plunge pool will be brought up to 
current NRCS Standards.The Notice of a Finding of No Significant Impact 
(FONSI) has been forwarded to the Environmental Protection Agency and 
to various federal, state, and local agencies and interested parties. A 
limited number of copies of the FONSI are available to fill single copy 
requests at the above address. Basic data developed during the 
environmental assessment are on file and may be reviewed by contacting 
Thomas Krapf.
    No administrative action on implementation of the proposal will be 
taken until 30 days after the date of this publication in the Federal 
Register.


[[Page 78770]]


    Dated: December 9, 2002.
Don Baloun,
Acting State Conservationist.

Finding of No Significant Impact for Mill Creek Watershed-Supplement 
Richland County, Wisconsin

Introduction

    The Mill Creek Watershed is a federally assisted action authorized 
for planning under Pub. L. 83-566, the Watershed Protection and Flood 
Prevention Act. An environmental assessment was undertaken in 
conjunction with the development of the watershed plan-supplement. This 
assessment was conducted in consultation with local, state, and federal 
agencies as well as with interested organizations and individuals. Data 
developed during the assessment are available for public review at the 
following location: U.S. Department of Agriculture, Natural Resources 
Conservation Service (NRCS), 6515 Watts Road, Suite 200, Madison, WI 
53719.

Recommended Action

    Two dwellings in the hydraulic shadow of Mill Creek 10 will be 
floodproofed. This action also includes rebuilding the dam plunge pool, 
removing accumulated sediment to restore the capacity back to 50 years, 
and repairing the low stage inlet pipes back to their original 
condition. A floodplain zoning ordinance will be enacted to prevent any 
future development in the floodplain.

Effect of Recommended Action

    The recommended plan would extend the life of Mill Creek Watershed 
Structure 10 by 50 years. It would allow the dam to return to its 
original class ``a'' low hazard rating. The floodplain zoning ordinance 
prohibiting future development in the hydraulic shadow (breach 
inundation area) of the dam.
    The proposed action will have no effect on wetlands.
    An initial management summary of cultural resources as they relate 
to the planned components has been developed. The survey concludes that 
no significant adverse impacts will occur to cultural resources in the 
watershed should the plan be implemented. The NRCS has consulted with 
the State Historic Preservation Office (SHPO) on the effects that 
planned measures will have on significant cultural resources.
    Significant cultural resources identified during implementation 
will be avoided or otherwise preserved in place to the fullest 
practical extent. If significant cultural resources cannot be avoided 
or preserved, pertinent information will be recovered before 
construction. If there is a significant cultural resource discovery 
during construction, appropriate notice will be made by NRCS to the 
State Historic Preservation Officer and the National Park Service 
(NPS). Consultation and coordination have been and will continue to be 
used to ensure the provisions of section 106 of Pub. L. 89-665 have 
been met and to include provisions of Pub. L. 89-523, as amended by 
Pub. L. 93-291. NRCS will take action as prescribed in NRCS GM 420, 
part 401, to protect or recover any significant cultural resources 
discovered during construction.
    No threatened or endangered species in the watershed will be 
affected by the project.
    No wilderness areas are within the watershed.
    Little impact will be made on scenic values. Project Sponsors will 
be required to enact a floodplain zoning ordinance which restricts 
development in the hydraulic shadow of Structure Number 10 prior to any 
federal reimbursement for relocation expenses.
    No significant adverse environmental impacts will result from 
installations.

Alternatives

    The planned action is the most practical means of protecting the 
watershed, eliminating the threat to loss of life, and complying with 
the Wisconsin Department of Natural Resources requirements. The 
Sponsors considered the following alternatives:

(1) No Action

    This alternative is not a viable option since the dam will not be 
in compliance with Wisconsin Department of Natural Resources (DNR) Dam 
Safety Administrative Code (NR 333). This is because the recent breach 
analysis has determined there are dwellings in the breach area. This 
alternative does not meet the project purpose of reducing risk of loss 
of life, maintaining flood control and maintaining watershed 
protection.

(2) Dam removal (decommissioning)

    With this alternative, Mill Creek Structure 10 would be removed or 
modified in a safe and acceptable manner such that it would no longer 
function as originally intended. This alternative would greatly 
increase the risk to human life, property, roads and bridges due to 
flooding. This alternative does not meet the project purpose because it 
does not reduce the risk of loss of life and it does not maintain flood 
control or watershed protection. This alternative was opposed as 
documented in the scoping meeting, and therefore it was not considered 
further.

(3) Structural Upgrade

    This alternative consists of raising the height of the dam, 
widening the auxiliary spillway, increasing the size of the principal 
spillway, adding a riser to provide sediment storage and treatment of 
the abutments to reduce water flow and risk of failure if geologic 
exploration of the site shows it is needed. This alternative would 
allow Mill Creek Structure 10 to meet current NRCS class ``c'' (high 
hazard) criteria for providing public health and safety and comply with 
Wisconsin Department of Natural Resources Dam Safety Administrative 
Code (NR 333). A floodplain zoning ordinance will be enacted to 
eliminate any future development in the floodplain.

(4) Structural and Non-structural Rehabilitation

    This is the recommended action.

Consultation and Public Participation

    Copies of the Plan Supplement have been sent out to the single 
point of contact for the State of Wisconsin, Wisconsin Department of 
Natural Resources, Wisconsin Department of Agriculture, Trade, and 
Consumer Protection, Wisconsin Department of Emergency Government, U.S. 
Fish and Wildlife Service, U.S. Forest Service, U.S. Environmental 
Protection Agency, U.S. Army Corps of Engineers, the Wisconsin State 
Clearinghouse, and the West Central Regional Planning Commission. The 
document was distributed to American Indian Tribes that have expressed 
interest in consulting with federal agencies in projects in Richland 
County.
    A scoping meeting was advertised and held on December 10, 2001 and 
interdisciplinary efforts were used. In addition to the general public, 
One federal agency (NRCS), two state agencies (DNR, SHPO), and three 
county agencies (Land Conservation Department, County Zoning Office, 
County Administration Department), and local conservation organizations 
were invited to participate in the scoping and planning process.
    Specific consultation was conducted with the State Historic 
Preservation Officer and the county historical society concerning 
cultural resources in the watershed.
    The environmental assessment was transmitted to all participating 
and interested agencies, groups, and

[[Page 78771]]

individuals for review and comment in September 15, 2002. Public 
meetings were held as needed to keep all interested parties informed of 
the study progress and to obtain public input to the plan and 
environmental evaluation.
    Agency consultation and public participation to date have shown no 
unresolved conflicts with the implementation of the selected plan.

Conclusion

    The Environmental Assessment summarized above indicates that this 
federal action will not cause significant local, regional, or national 
impacts on the environment. Therefore, based on the above findings, I 
have determined that an environmental impact statement for the Mill 
Creek Watershed Plan Supplement is not required.

    Dated: December 9, 2002.
Don Baloun,
Acting State Conservationist.
[FR Doc. 02-32466 Filed 12-24-02; 8:45 am]
BILLING CODE 3410-16-P