[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Notices]
[Pages 36316-36318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10015]


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Department of Agriculture

Natural Resources Conservation Service


Tongue River Watershed, Cavalier and Pembina Counties, ND

AGENCY: Natural Resources Conservation Service, USDA.

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, 
U.S. Department of Agriculture, gives notice that an environmental 
impact statement is not being prepared for the Tongue River Watershed, 
Cavalier and Pembina Counties, North Dakota.

FOR FURTHER INFORMATION CONTACT: James E. Schmidt, Assistant State 
Conservationist for Water Resources, Natural Resources Conservation 
Service, 220 E. Rosser Avenue, Bismarck, North Dakota, at (701) 530-
2074.

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, J.R. Flores, 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 bring Tongue River Watershed Structure M-
4 into compliance with current State and Federal dam design and safety 
criteria; to continue to provide flood protection and to reduce the 
risk of loss of human life. The planned works of improvement include 
rehabilitating and upgrading Renwick Dam by installing a roller 
compacted concrete auxiliary spillway, raising the top of the dam, and 
modifying the principal spillway to allow a one foot rise to the 
permanent pool to provide for sediment storage for the extended life of 
the structure. A two lane access road connecting recreation facilities 
on the north side of the lake to Icelandic State Park Headquarters on 
the south side of the park will be constructed on the upstream side of 
the embankment.
    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 
James E. Schmidt, Assistant State Conservationist for Water Resources 
at (701) 530-2074.
    No administrative action on implementation of the proposal will be 
taken until 30 days after the date of this publication in the Federal 
Register.

James E. Schmidt,
Assistant State Conservationist for Water Resources.

Finding of No Significant Impact for Tongue River Watershed Cavalier 
and Pembina Counties, North Dakota

Introduction

    The Tongue River Watershed is a federally assisted action 
authorized for planning under Public Law 83-566, the Watershed 
Protection and Flood Prevention Act. An environmental assessment was 
undertaken in conjunction with the development of Supplement No. 2 of 
the watershed plan for the purpose of rehabilitating Renwick Dam 9 
(Structure M-4) under Public Law 106-472. 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

[[Page 36317]]

review at the following location: U.S. Department of Agriculture, 
Natural Resources Conservation Service, 220 E. Rosser Ave., P.O. Box 
1458, Bismarck, North Dakota 58502-1458.

Recommended Action

    Proposed is the rehabilitation of aging flood water retarding 
structure (M-4) in the Tongue River Watershed (Renwick Dam). This 
structure will provide flood control for downstream farms, cropland, 
roads, bridges, and the city of Cavalier. The structure will control 
93,300 acres of drainage area. The recommended plan consists of 
constructing a roller compacted concrete (RCC) spillway through the 
existing dam with the park entrance road, on the face of the dam, on 
the upstream side. The RCC spillway's purpose is to convey the design 
flood runoff safely through the reservoir without overtopping the 
earthen embankment. A roller compacted concrete spillway is similar to 
conventional concrete, yet its material properties allow it to be 
worked and hauled by traditional earth moving equipment. The embankment 
will be partially excavated to design grades for construction of a 500-
foot-wide auxiliary RCC spillway. The RCC spillway will be constructed 
as a broad-crested weir. Material excavated from the embankment to 
construct the spillway will be used as earth-fill to construct a dike 
in the existing auxiliary spillway and to raise the top of the 
embankment.

Effects of Recommended Action

    The recommended action protects flood damages to building, 
transportation services land, crops, prime farmland, and the city of 
Cavalier. The economic and social well-being of the residents within 
and downstream of the watershed will remain intact. Renwick Dam 
provides an important recreation opportunity for the region. The 
recommended plan will meet the sponsor's objectives of bringing Renwick 
Dam into compliance with the current dam safety and flood insurance 
criteria, maintaining the current 100-year floodplain, and addressing 
the resource concerns identified by the public. As designed, Renwick 
Dam will meet all current NRCS and State of North Dakota dam safety and 
performance standards.
    Studies were completed by both private contractors and State and 
Federal Agency personnel to evaluate the watershed water coming into 
and out of the Renwick and Senator Young Dams. Land cover surveys were 
completed to determine the need for additional land treatment practices 
in the watershed. A detailed study was completed to determine the 
existing depth of sediment load in the Renwick Reservoir. Also studied 
was the impact sediment disturbance would have on the reservoir fishery 
and other aquatic life. The study revealed Renwick Reservoir sediment 
pool is estimated to be 50-60 percent full. A water quality/sediment 
survey conducted in September 2003, indicated between 115 and 150 acre 
feet of sediment in the pool.
    Preliminary investigations within the project area revealed no 
cultural or historic properties within the project area. Land 
disturbance has occurred through development of the area around the 
structure with the recreation area on the north side of the reservoir, 
and disturbance during the actual construction of the structure in the 
early 1960s. A summary of the project accompanied by maps and aerial 
photographs was provided to the North Dakota State Historic 
Preservation Office (SHPO) on August 31, 2001, with a request for 
concurrence. A passive concurrence from the North Dakota SHPO has been 
received. The probability of discovering a new site is low, but if 
there is a significant cultural resource discovery during construction, 
appropriate notice will be made by NRCS to the SHPO and the Tribal 
Historic Preservation Office (THPO). Consultation and coordination have 
been and will continue to be used to ensure the provisions of Section 
106 of Public Law 89-665 have been met and to include provisions of 
Public Law 89-523, as amended by Public Law 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.
    Threatened or endangered species may occasionally be present in the 
watershed but the project will have no adverse impacts on these 
species. Consultation with the U.S. Fish and Wildlife Service was 
completed.
    No wilderness areas are in the watershed.
    Scenic values will be temporarily decreased at the construction 
site. Once construction is complete, vegetation will enhance the site 
to its preconstruction condition.
    No significant adverse environmental impacts will result from 
installations except for minor inconveniences to local residents during 
construction.

Alternatives

    The planned action is the most practical means of reducing the high 
hazard dam problems. No significant adverse environmental impacts will 
result from installation of the measures. No other practical 
alternative achieved the economical, environmental, or social needs of 
the watershed land users or project sponsors. The no action alternative 
will not alleviate the dam from being a high hazard structure. The 
decommissioning of the dam will allow for severe flooding. The RCC 
auxiliary spillway with the park entrance on top of the Dam will meet 
the sponsor's needs, but the RCC auxiliary spillway with the park 
entrance on the upstream side of the dam face was chosen to be more 
economically feasible to the sponsors.

Consultation and Public Participation

    Formulation of the alternative plan process for Renwick Dam began 
with formal discussions with the sponsors. At a special meeting held on 
March 6, 2001, NRCS conveyed State law and policy associated with high 
hazard dams. The National Dam Safety Inspection Reports of 1978, 1983, 
1987, and 1991 listed Renwick Dam in the high hazard category for 
potential loss of life in the event of failure. Sponsors received 
information about agency policy associated with Public Law 106-472, The 
Small Watershed Rehabilitation Amendments of 2000, and related 
alternative plans of action.
    As a result of these discussions, the sponsors submitted an 
application on March 14, 2001, to NRCS requesting assistance for 
rehabilitation of Renwick Dam under the provisions of Public Law 106-
472.
    A public meeting was held on April 16, 2002, to assess proposed 
measures and their potential impact on resources of concern. As a 
result of this meeting, fifteen items of concern were identified.
    A meeting and field tour with the North Dakota Interagency 
Committee was held on June 18-19, 2002, to assess proposed measures and 
their potential impact on resources of concern.
    A site visit with the NRCS National Water Management Center (NWMC) 
Staff, NRCS Planning Staff, and an engineer review team was held 
October 7, 8, and 9, 2002, to exchange a wide variety of ideas for the 
design.
    The sponsors recognized the complexity of the project and on May 
22, 2003, initiated and adopted a Watershed Management Council (WMC). 
The WMC membership is made up of one representative from each local 
organization, and city and county political authorities within the 
surrounding Cavalier and Pembina watershed area. Through detailed 
analysis and consultation it was agreed, an increase of the permanent 
pool by

[[Page 36318]]

one foot would be necessary to maintain the same volume as that above 
the sediment pool. Removal of sediment was determined to be an 
unreasonable component of any proposed action due to a lack of safe 
disposal sites, high risk of not meeting Clean Water Act laws, and 
unpredictable costs per unit volume of sediment removed. It was also 
determined the volumes of sediment proposed to be removed would have 
little to no benefit towards flood storage and reducing the amount of 
rehabilitation work required to bring the structure into compliance 
with the Federal Dam Safety Program. Eleven alternatives were 
considered with all eleven being analyzed of having a one foot rise 
above the current elevation. All these alternatives were considered in 
the evaluation process by NRCS, project sponsors, Federal, State, and 
county agencies who were involved in part or all of the planning 
processes related to Supplement No. 2, the proposed rehabilitation of 
Flood Water Retarding Structure M-4.

Conclusion

    The environmental assessment summarized above indicates 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 Tongue 
River Watershed (Renwick Dam), Supplement No. 2 is not required.

Dated: June 15, 2006.

James E. Schmidt,

Assistant State Conservationist for Water Resources.

[FR Doc. E6-10015 Filed 6-23-06; 8:45 am]
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