[Federal Register Volume 68, Number 90 (Friday, May 9, 2003)]
[Notices]
[Pages 24916-24918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11596]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Glen Ellen Subwatershed Supplemental Watershed Plan and 
Environmental Assessment Number 1, Woodbury County, IA

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice of 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 Glen Ellen 
Subwatershed Supplemental Plan Number 1, Woodbury County, Iowa.

FOR FURTHER INFORMATION CONTACT: Leroy Brown, State Conservationist, 
Natural Resources Conservation Service, 210 Walnut Street, 693 Federal 
Building, Des Moines, IA, 50309-2180.

SUPPLEMENTARY INFORMATION: The environmental assessment of this 
federally assisted action indicates that the project will not cause 
significant impacts on the environment. As a result of these findings, 
Leroy Brown, State Conservationist, has determined that the preparation 
and review of an environmental impact statement are not needed for this 
project.
    The project purpose is to prevent the loss of life from 
catastrophic dam failures and to maintain the gully stabilization and 
flood protection functions of three dams that were constructed in 1963.
    The project actions include relocating three houses from the breach 
inundation area of Site (dam) 2-2, rehabilitating both this site and 
Site 3-1 to low hazard class, and rehabilitating Site 3-2 to high 
hazard class. This rehabilitation will provide a new 50 year life to 
the three sites to continue their original gully stabilization and 
flood prevention functions. Future residential and commercial 
development in the breach inundation areas below Sites 2-2 and 3-1 will 
be restricted by county zoning ordinance.
    The Plan and Environmental Assessment has been forwarded to the 
Environmental Protection Agency and to various Federal, State, and 
local agencies and to interested parties. A limited number of copies of 
the plan and environmental assessment are available to fill single copy 
requests at the above address. Basic data developed during the 
environmental assessment are on file and may be viewed by contacting 
Leroy Brown.
    No administrative action will be taken until 30 days after the date 
of this publication in the Federal Register.

Finding of No Significant Impact for the Glen Ellen Subwatershed 
Supplemental Watershed Plan and Environmental Assessment Number 1 
Woodbury County, IA

Introduction

    The supplemental watershed plan and environmental assessment 
describes the recommended alternative and other alternatives to prevent 
the loss of life from catastrophic dam failures within the Glen Ellen 
Subwatershed of the Little Sioux River Flood Prevention Project. 
Rehabilitating Sites 2-2, 3-1, and 3-2 also provides continued flood 
protection and gull stabilization.
    The rehabilitation of these three dams is necessary because four 
houses occupied by eleven people have been built in the breach 
inundation areas since the dams were constructed in 1963. Sites 2-2 and 
3-2 have been reclassified as high hazard by NRCS because of the 
possibility of loss of life should the dams fail.
    The dams were installed to control severe gully erosion and reduce 
flooding. The structures receive drainage from areas of 194 to 350 
acres.
    The Glen Ellen Subwatershed project was approved in 1963 under the 
authority of the Flood Control Act of 1944 (Pub. L. 534, 78th Congress, 
2nd Session).
    This rehabilitation action is being planned and will be implemented 
under the Watershed Protection and Flood Prevention Act Public Law 83-
566 as amended by Public Law 106-472. It is being planned and is in 
compliance with all National Environmental Policy Act (NEPA) and the 
National Historic Preservation Act of 1966 as amended (NHPA) 
provisions. The policies and procedures of the Watershed Protection and 
Flood Prevention Act, Public Law 83-566 as amended (16 U.S.C. 1001 et 
seq.) are being utilized for the planning and implementation of this 
project.
    Glen Ellen Watershed was a federally assisted action authorized and 
installed under Public Law 78-534, The Flood Control Act as part of the 
Little Sioux River Flood Prevention Project. The proposed 
rehabilitation actions are authorized in accordance with the original 
federal authorities as amended by the Small Watershed Rehabilitation 
Amendments of 2000.
    An environmental assessment was undertaken by the Natural Resources 
Conservation Service (NRCS) in conjunction with the development of this 
rehabilitation plan. This assessment was undertaken in conjunction with 
local, state and federal agencies as well as interested organizations 
and individuals. Data developed during this

[[Page 24917]]

assessment and copies of the rehabilitation plan are available for 
public review at the following location: Natural Resources Conservation 
Service, 210 Walnut Street, 693 Federal Building, Des Moines, IA 50309-
2180.
    An Environmental Impact Statement (EIS) was prepared for the Little 
Sioux Watershed Flood Prevention Project in 1976. The EIS discusses the 
effects of installing flood prevention and grade stabilization dams and 
land treatment practices.

Recommended Action

    Rehabilitation of site 2-2 will consist of relocating three houses 
currently located in the breach inundation area and rehabilitating the 
dam to low hazard class criteria for a new 50-year life. Rehabilitating 
Site 2-2 includes replacing the inlet of the principal spillway, 
raising the crest of the principal spillway one foot, and excavating 
about 1.5 acre-feet of sediment from the existing pool. The three 
houses will be purchased and the three homeowners will be provided 
relocation assistance in accordance with the Federal Uniform Relocation 
Assistance and Real Property Acquisitions Policies Act (Public Law 91-
646). The Woodbury County Zoning Administrator will carry out the 
relocation process.
    Site 3-1, which is in series upstream of Site 3-2, will be 
rehabilitated for a new 50-year life using high hazard class hydrology 
but will remain a low hazard class dam. Site 3-1 will be rehabilitated 
by replacing the corrugated metal pipe with concrete pipe, raising the 
principal spillway elevation one foot, and raising the top of dam 6.2 
feet. About 3.5 acre-feet of sediment will be removed from the existing 
permanent pool. The auxiliary spillway will be widened an additional 40 
feet.
    Site 3-2 will be rehabilitated to high hazard class criteria by 
replacing the corrugated metal pipe with concrete pipe, raising the 
principal spillway elevation one foot, and raising the top of dam 5.5 
feet. The auxiliary spillway will be widened an additional 40 feet. The 
rehabilitation of this site eliminates the threat to loss of life at 
one house from catastrophic dam failure.
    Future residential and commercial development in the breach 
inundation areas of Sites 2-2 and 3-1 will be restricted. Downstream of 
Site 2-2 the Woodbury County Board of Supervisors will take fee title 
to the three lots following relocation of the houses. The sponsors may 
also add deed restrictions prohibiting development or use county zoning 
ordinances for these three lots. The balance of the breach inundation 
area beyond the acquired properties will be restricted by using county 
zoning ordinances. Restrictions will be enacted prior to any 
rehabilitation construction. County zoning ordinances will prohibit 
development in the upstream areas of each site, as defined from 
principal spillway elevation to an elevation of six feet above designed 
top of dam.

Effects of the Recommended Actions

    [sbull] Threats to loss of life from catastrophic breaches and 
storm events are eliminated at Sites 2-2 and 3-2. Eleven people in four 
houses are protected.
    [sbull] There are no cultural resources in the area of potential 
effect. Construction discoveries will be handled in accordance with 
NRCS General Manual, Section 420, part 401.
    [sbull] Gully erosion remains controlled at all 3 sites. Sheet and 
rill erosion as well as ephemeral cropland gully erosion remains 
controlled.
    [sbull] Flood control benefits are maintained for another 50 years 
on 366 acres of agricultural land.
    [sbull] Sediment delivered to all three sites is trapped and not 
delivered to Farmers Drainage Ditch and Little Sioux River system. A 
total of five acre-feet of sediment will be removed during construction 
from Sites 2-2 and 3-1. This sediment will be used to top dress Site 3-
1's borrow area and the area where the three houses are removed. A plan 
to remove, utilize, and stabilize the sediment by controlling erosion 
and runoff will be developed with consultation with the Iowa Department 
of Natural Resources.
    [sbull] There are wetlands associated with the three pools. Raising 
the spillway elevation will deepen water over some wetlands. This 
deeper water will not eliminate any wetlands but it will change their 
classification to another type. The expanded pools will create new 
wetlands.
    [sbull] No Threatened and Endangered species are present at the 
existing sites.
    [sbull] Raising the principal spillway elevations of the structures 
will inundate an additional 1.5 acres of low value grassland habitat. 
Increasing the fill heights of the structures will impact 1.6 acres of 
low value grassland habitat. The area downstream of Site 2-2, where the 
three houses are removed, will be seeded to a mixed prairie seeding 
increasing this habitat type by 3.3 acres in the subwatershed. The 
impacts to grassland habitat have been determined to be not 
significant, therefore formal mitigation will not be required.
    [sbull] Continued flood protection on 110 acres maintains the land 
as prime farmland.
    [sbull] Soil erosion, especially gully erosion, will be controlled 
in this portion of the Loess Hills which are a nationally recognized 
and unique natural resource.
    [sbull] Construction will result in temporary generation of dust 
and emissions from internal combustion engines.
    [sbull] Local fishing opportunity will be maintained.
    [sbull] No other significant adverse environmental impacts will 
occur from installation of project features.
    [sbull] There are no existing or anticipated public controversies 
associated with this proposed action.

Alternative Actions

    Other alternative actions were considered in the planning process 
but were rejected. The plan is the most acceptable to local residents 
and local project sponsors. The plan eliminates threats to loss of life 
from catastrophic breaches and storm events. The original project 
purposes of gully control and flood prevention are maintained. The plan 
is not the National Economic Development (NED) plan. An exception to 
selecting the NED plan was granted by the Chief of the NRCS on April 
21, 2003.

Consultation and Public participation

    The Woodbury County SWCD and the Woodbury County Board of 
Supervisors discussed and conducted official actions to support the 
rehabilitation of Sites 2-2, 3-1, and 3-2 at their respective public 
meetings in 2001. The sponsors indicated a clear interest in 
rehabilitating these three Glen Ellen sites. Representatives of the 
sponsors, the Woodbury County Secondary Road Department, and NRCS met 
on February 12, 2001, to discuss the dam hazard class changes and 
possible alternatives to resolve the situation. The road department 
agreed to investigate relocating a segment to Glen Ellen Road as a 
component of raising the dam at Site 2-2. A follow up meeting was held 
on June 13, 2001.
    Iowa NRCS conducted a state level informational meeting on the 
Watershed Rehabilitation Program on October 30, 2001. More than 60 
letters of invitation were mailed to state level representatives of 
state and federal agencies, tribes, conservation groups, agricultural 
groups and others. Discussion of the Glen Ellen project was included at 
the meeting.
    Two public meetings were held in Sergeant Bluff on November 29, 
2001 to inform the public about the rehabilitation needs on Sites 2-2, 
3-1, and 3-2 in addition to gaining public

[[Page 24918]]

input and support for the planning process. The three homeowners 
downstream of Site 2-2 voiced strong support for voluntary relocation 
of their houses.
    Individual meetings were held with the three homeowners downstream, 
of Site 2-2 on April 22, 2002. The homeowners confirmed their continued 
strong support for relocation and each indicated their intent to 
participate in relocation. The Woodbury County SWCD voted on April 16, 
2002 to support the relocation alternative. On April 23, 2002, the 
Woodbury County Board of Supervisors voted to support the project by 
providing extensive in-kind services from their Planning and Zoning 
Department, Secondary Roads Department, and County Conservation Board.
    Twenty Indian tribal contacts and two local historical societies 
were notified of this intended action in accordance with 36 CFR part 
800. They were consulted about their knowledge of historical properties 
in the project area. The only response received during the comment 
period was from the Prairie Band Potawatomi Nation who stated they were 
unaware of cultural resources related to the tribe in the project area.
    The Glen Ellen Subwatershed Draft Supplemental Watershed Plan and 
Environmental Assessment Number 1 was sent to 40 public agencies and 
private groups interested in natural resource issues. Six letters of 
comment were received during the 45-day review period ending on 
February 24, 2003.
    Changes were made to the plan in response to the Woodbury County 
Zoning Administrator's comment on the use of deed restrictions in 
addition to zoning to prevent redevelopment on three lots downstream 
from Site 2-2. Clarifications were made to reflect impacts on wetlands 
in response to comments received from the Army Corps of Engineers.

Conclusion

    The Environmental Assessment summarized above indicates that this 
Federal action will not cause significant impacts on the environment. 
Therefore, based on the above findings, I have determined that an 
environmental impact statement for the Glen Ellen Subwatershed Draft 
Supplemental Watershed Plan and Environmental Assessment Number 1 is 
not required.

    Dated: April 30, 2003.
Dennis J. Pate,
Assistant State Conservationist--Technology.
[FR Doc. 03-11596 Filed 5-8-03; 8:45 am]
BILLING CODE 3410-16-M