[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Pages 45647-45649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15635]


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

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Indian Creek Watershed Supplemental Watershed Plan & 
Environmental Assessment Number 1 Pottawattamie County, IA.

AGENCY: Natural Resources Conservation Service (NRCS), USDA.

ACTION: Notice of Finding of No Significant Impact.

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

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 Indian 
Creek Watershed Supplemental Watershed Plan and Environmental 
Assessment Number 1, Pottawattamie County, Iowa.

FOR FURTHER INFORMATION CONTACT: Richard Van Klaveren, 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, 
Richard Van Klaveren, State Conservationist, has determined that the 
preparation and review of an environmental impact statement are not 
needed for this project.
    The purpose of the project is to provide continued gully 
stabilization and sediment control while improving public safety. The 
rehabilitation of Site 2 of the Indian Creek Watershed project is 
necessary because seven houses occupied by approximately 25 people are 
in the breach inundation area of the dam. One business is also located 
in the

[[Page 45648]]

breach area. Site 2 has been reclassified as high hazard by NRCS and 
the State of Iowa because of the potential loss of life should the dam 
fail.
    The plan consists of rehabilitating the Site 2 dam to high hazard 
criteria for a new 50-year life. The top of the dam will be raised 
three feet, the principal spillway elevation will remain at the same 
elevation to maintain the current water level, and a new vegetated 
spillway will be added to the existing dam.
    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. A limited number of copies of the 
FONSI are available to fill single copy requests at the above address. 
The FONSI is also available at the Iowa NRCS Web site at http://www.ia.nrcs.usda.gov. A copy of the Supplemental Watershed Plan-
Environmental Assessment may be obtained by contacting Richard Van 
Klaveren.
    No administrative action will be taken until 30 days after the date 
of this publication in the Federal Register.

    Dated: July 29, 2005.
Richard Van Klaveren,
State Conservationist.

Introduction

    The supplemental watershed plan and environmental assessment 
describes the recommended alternative and other alternatives to prevent 
the loss of life from a catastrophic failure of Site 2 of the Indian 
Creek watershed project. Rehabilitating Site 2 provides continued grade 
stabilization and sediment control.
    This project is necessary because seven houses occupied by about 25 
people and one business are in the breach inundation area of the dam. 
Site 2 has been reclassified as high hazard by NRCS and the State of 
Iowa because of the possibility of loss of life should the dam fail.
    The dam was installed to control severe gully erosion and reduce 
sedimentation. The drainage area of Site 2 is 687 acres.
    The Indian Creek Watershed project was authorized in 1961 under the 
authority of the Watershed Protection and Flood Prevention Act of 1954 
(Pub. L. No. 566, 83rd Congress.) The Site 2 dam was installed in 1975 
as a component of the Indian Creek Watershed project.
    This rehabilitation action is being planned and will be implemented 
under the Watershed Protection and Flood Prevention Act of 1954 as 
amended by PL 106-472 the Small Watershed Rehabilitation Amendments of 
2000 (16 U.S.C. 1001 et seq.). 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.
    An environmental evaluation was undertaken by the Natural Resources 
Conservation Service (NRCS) in conjunction with the development of this 
rehabilitation plan. This evaluation was undertaken in conjunction with 
local, state and federal agencies as well as interested organizations 
and individuals. Data developed during this evaluation 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.

Recommended Action

    The top of the dam will be raised about three feet to elevation 
1161. The principal spillway crest will remain at the same elevation, 
so no additional land will be permanently inundated by the 
rehabilitated dam. A new vegetated spillway will be added to the 
existing dam. This compacted earthfill auxiliary spillway will be 80 
feet wide with a crest elevation of 1155. The private access road on 
top of the dam that currently provides access to multiple properties 
will be rebuilt.
    The county will enforce the current state law that prohibits 
development of the upstream area below the top of dam. If the area is 
annexed by the city of Council Bluffs, the West Pottawattamie SWCD will 
assure continued restrictions.

Effects of the Recommended Actions

     Wetlands: No impact on existing artificial wetland areas.
     Prime Farmland: The selected plan results in the potential 
for infrequent short term flooding of 18.2 acres of prime farmland in 
the flood pool, an increase of 13.0 acres.
     Threatened and Endangered Species: There are no identified 
Threatened and Endangered species present at the site; therefore no 
impact to any Threatened and Endangered species is anticipated.
     Cultural Resources: The plan does not have the potential 
to affect historic properties.
     Natural/Unique Areas: The plan results in gully erosion 
control being maintained in this portion of the Loess Hills. Sheet and 
rill erosion and ephemeral cropland gully erosion control will be 
maintained to protect the soil resources on 660 acres of the Loess 
Hills.
     Safety/Social: Reduces the breach flood threat to seven 
houses occupied by 25 people and one business. The breach flood threat 
to 370 Mudhollow Road motorists per day and several public utility 
service lines is greatly reduced but not eliminated. Emergency services 
to dozens of neighborhood residents will be less threatened by a sudden 
dam failure.
     Water Quality: Sediment and attached nutrients will 
continue to be trapped and stored in the flood pool.
     Real Estate Property Values: Property values in and near 
the breach inundation area are protected by eliminating the breach 
hazard. Property values adjacent to and near the pool are maintained by 
keeping the pool level at its current elevation.
     Stormwater Flooding: Release rates do not change and 
flooding on Indian Creek does not change.
     Soil Erosion: Gully erosion remains controlled. Both sheet 
and rill erosion and ephemeral cropland gully erosion are controlled
     Wildlife Habitat: There is potential for infrequent short 
term flooding of up to 21 acres in the flood pool, an increase of 15 
acres. Consultation with the USFWS and IDNR indicate that these impacts 
to wildlife resources in the watershed are minor and no formal 
mitigation is necessary.
     Air Quality: Construction will result in temporary 
generation of dust and emissions from internal combustion engines.
     No other significant adverse environmental impacts will 
occur from installation of project features.
     There are no existing or anticipated public controversies 
associated with this proposed action.
     Cumulative impacts: Effects of public programs and 
individual actions that protect or enhance soil, water and related 
resources are maintained.

Alternative Actions

    Other alternative actions were considered in the planning process 
but were rejected. The recommended plan is the most acceptable to local 
residents and local project sponsors. The recommended plan eliminates 
threats to loss of life from catastrophic breaches and storm events. 
The original project purposes of gully stabilization and sediment 
control are maintained. The recommended plan is the National Economic 
Development (NED) plan.

Consultation and Public Participation

    The West Pottawattamie County SWCD and the Pottawattamie County

[[Page 45649]]

Board of Supervisors held discussions at regular meetings in 2003 
regarding the need for rehabilitating Indian Creek Site 2. A meeting to 
present the initial results of the NRCS assessment and preliminary 
rehabilitation ideas was held on August 6, 2003. The meeting was 
attended by representatives of the SWCD, County Board of Supervisors, 
City of Council Bluffs, and the Council Bluffs Chamber of Commerce.
    The NRCS planning staff met with the County Board of Supervisors at 
their regular meeting on August 20, 2003. As a result of this meeting, 
sponsors firmly supported proceeding with the development of a plan to 
rehabilitate Site 2.
    A public meeting conducted jointly by sponsors and the NRCS was 
held in Council Bluffs the evening of September 17, 2003. Preliminary 
alternatives were presented and public input was requested. Forty-five 
local residents attended the meeting. Most of the attendees live near 
the Site 2 pool and along Mudhollow Road. Following the presentation, 
many questions and much discussion occurred about the breach inundation 
area, property values, and preliminary alternatives.
    Forty letters of invitation were sent to representatives of state 
and federal agencies, conservation groups, agricultural groups, and 
others for a ``scoping meeting'' on September 18, 2003. No 
representatives of the target audience attended except for two 
representatives of the sponsors who attended the public meeting the 
night before and earlier meetings. The two declined the opportunity for 
further discussions.
    The tri-agency biology review for Site 2 was initiated by a field 
review on September 30, 2003. The Iowa DNR, U.S. Fish and Wildlife 
Service, consulted with NRCS on the likely impacts of the project on 
wildlife habitat, wetlands, and T&E species.
    Eight Indian tribal contacts and the local county historical 
society were notified of this intended action in accordance with 
36CFR800. They were consulted about their knowledge of historical 
properties in the project area. No response was received from the 
tribal contacts. The local historical society responded that they knew 
of no historic properties in the project area.
    NRCS planning staff members met with sponsors at a Pottawattamie 
County Board of Supervisors meeting on May 12, 2004. The staff 
presented initial study results of the alternatives. The sponsors 
requested further study of outflow rates from Site 2 for various storm 
events. They also requested discontinuing study of an alternative that 
would reduce the pool size by over 50 percent. Reducing the pool size 
was not acceptable to the sponsors or the local residents of the 
watershed. The NRCS agreed to follow up on these requests and meet 
again with the sponsors.
    The follow up meeting was held on August 11, 2004. Sponsors 
received updates from NRCS planning staff studies. The sponsors agreed 
they would select an alternative and respond to NRCS by September 1, 
2004. The sponsors agreed to coordinate a public information meeting in 
the early fall.
    The sponsors selected Alternative F on August 25, 2004. They asked 
NRCS to proceed with plan development following a public information 
meeting in October 2004.
    A public informational meeting was held in Council Bluffs on 
October 20, 2004. The alternative plans, their effects, and their costs 
were presented by NRCS to the 26 local people present. Most of the 
attendees live in proximity to Site 2. Representatives of the sponsors 
publicly endorsed Alternative F as their selection. Members of the 
public present supported the plan and did not present any new 
information to consider in plan development. No public controversy was 
evident.

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 Indian Creek Watershed Draft 
Supplemental Watershed Plan and Environmental Assessment Number 1 is 
not required.

    Dated: July 29, 2005.
Richard Van Klaveren,
State Conservationist.
[FR Doc. 05-15635 Filed 8-5-05; 8:45 am]
BILLING CODE 3410-16-P