[Federal Register Volume 73, Number 36 (Friday, February 22, 2008)]
[Notices]
[Pages 9763-9765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3296]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Notice of Availability of a Finding of No Significant Impact 
(FONSI) for the Kaycee Flood Protection Project, Middle Fork Powder 
River Watershed, Johnson County, Wyoming

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

ACTION: Notice of availability of a Finding of No Significant Impact 
for the Kaycee Flood Protection Project, Middle Fork Powder River 
Watershed, Johnson County, Wyoming.

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SUMMARY: Pursuant to Section 102(2)(c) of the National Environmental 
Policy Act of 1969; Public Law 91-190, as amended (42 U.S.C. 4321, et 
seq.), 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 Kaycee Flood Protection 
Project, Middle Fork Powder River Watershed, Johnson County, Wyoming.

FOR FURTHER INFORMATION CONTACT: J. Xavier Montoya, State 
Conservationist, Natural Resources Conservation Service, 100 East B 
Street, Room 3124, PO Box 33124, Casper, Wyoming 82602-5011, telephone 
(307) 233-6750.

SUPPLEMENTARY INFORMATION: The Environmental Assessment (EA) of this 
federally assisted action indicates that the project will not cause 
significant local, regional, or national impacts on the human 
environment. As a result of these findings, J. Xavier Montoya, 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 control. The need for the recommended 
plan is for the protection of life and property by reducing the threat 
of future flooding to Kaycee's residential, business, and community 
structures up to a 100-year storm frequency event on the Middle Fork 
Powder River, Johnson County, Wyoming. The recommended plan is to 
construct flood control dikes, a flood wall, and strengthen some 
existing rock rip-rap along the north side, and dikes and grade work on 
the south side of the Middle Fork Powder River through the town of 
Kaycee, Wyoming.
    The Notice of a Finding of No Significant Impact has been forwarded 
to the Environmental Protection Agency and to various federal, state, 
county, 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 assessment are on file 
and may be reviewed by contacting J. Xavier Montoya.
    No administrative action on implementation of the proposal will be 
taken until 30 days after the date of this publication in the Federal 
Register.

    Dated: February 11, 2008.
Jay T. Mar,
Acting State Conservationist.
    (This activity is listed in the Catalog of Federal Domestic 
Assistance under NO. 10.904, Watershed Protection and Flood 
Prevention, and is subject to the provisions of Executive Order 
12372, which requires intergovernmental consultation with state and 
local officials.)

Finding of No Significant Impact for Kaycee Flood Protection Project, 
Middle Fork Powder River Watershed, Johnson, County, Wyoming

Introduction

    The Kaycee Flood Protection Project, Middle Fork Powder 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 (EA) was undertaken in conjunction with the 
development of the watershed project plan. This assessment was 
conducted in consultation with federal, state, county, and local 
agencies, including section 7(a)(2) of the Endangered Species Act of 
1973, as amended (50 CFR 402.13) consultation, as well as with 
interested organizations and individuals. Data developed during the 
assessment is available for public review at the following location:

U.S. Department of Agriculture, Natural Resources Conservation Service, 
100 East B Street, Room 3124, P.O. Box 33124, Casper, Wyoming 82602-
5011.

Recommended Action

    The recommended action, Alternative 2--Dikes/Flood Wall/Relocation, 
will provide safety to the residents of Kaycee and protect the 
residential, business, and community structures from flooding of a 100-
year storm frequency event. The recommended plan is to construct flood 
control dikes and a flood wall along the north side, and dikes and 
grade work on the south side of the Middle Fork Powder River through 
the town of Kaycee, Wyoming. There will be one property buyout and 
eleven structures relocated along the river to allow for the 
construction of the dike

[[Page 9764]]

locations. The area between the dikes will become the 100-year 
floodplain. The proposed dikes would be constructed adjacent to the 
stream channel and will not affect wetlands adjacent to the stream in 
the project area or downstream outside of the project area.

Effect of Recommended Action

    The recommended action will improve human health and safety and 
maintain wildlife habitat. The affected environment of this project is 
the community of Kaycee and the area within and downstream of Kaycee 
that is impacted under the 100-year floodplain. Water quality would 
remain unchanged if the recommended plan is implemented. Sediment from 
upstream will continue to flow through the project area, with no effect 
to the current sediment loads. Downstream effects will not be changed 
from existing conditions.
    The recommended action will have little or no effect on wetlands. 
Small areas of wetlands adjacent to the channel would not be impacted 
by the action of the recommended plan. There are 16.2 acres of 
wetlands, of which 10.0 acres are water. The remaining 6.2 acres of 
wetlands are 0.041 percent of the project area.
    A file search of the State Historic Preservation Office (SHPO) 
records was conducted for the project area. Three sections showed known 
sites, eligibility unknown, or noncontributing segment. Most of the 
sites reported are connected with the Bozeman Trail. As there are very 
few segments of the Bozeman Trail that are identifiable, any trace or 
records found of the trail will require an evaluation by either the 
NRCS and/or the U.S. Army Corps of Engineers (COE) archeologists. The 
NRCS State Archeologist conducted a reconnaissance survey of the 
proposed dike locations for possible cultural resources. No sites were 
identified within the town of Kaycee boundaries. The survey and file 
search concludes that no significant adverse impacts will occur to 
cultural resources in the project area should the recommended plan be 
implemented. However, construction of the dikes and flood wall do have 
the potential to disrupt possible individual sites. Therefore, caution 
shall be exercised in planning and installing the recommended plan to 
avoid serious disruption of areas having potential as individual 
cultural sites. NRCS cultural resource procedures, as described in the 
NRCS Northern Plains Region procedures, will be followed when ground 
disturbances are planned.
    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. 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 
necessary action to be in compliance with National Environmental Policy 
Act (NEPA) protection rules and will follow the procedures in the NRCS 
General Manual, section 190 and 420, respectively.
    No wilderness areas are in the watershed.
    There are no known resident threatened or endangered animals within 
the project area. This determination was arrived at with section 
7(a)(2) of the Endangered Species Act of 1973, as amended (50 CFR 
402.13) consultation with the U.S. Fish and Wildlife Service. The 
recommended action will increase vegetative cover suitable for wildlife 
and reduce noxious and invasive Russian olive. Fish habitat will not be 
affected. The recommended action will not disproportionately affect any 
protected groups.
    No significant adverse environmental impacts will result from 
installation of the recommended action.

Alternatives

    All alternatives brought forward through the assessment process 
were analyzed for four criteria: Completeness, effectiveness, 
efficiency, and acceptability and against the following five factors: 
Satisfaction of purpose and needs statement, relative costs, 
technological feasibility, logistics, and environmental consequences. 
Alternatives that failed to meet the criteria were eliminated from 
further study.
    The No Action Alternative and Alternative 2-Dikes/Flood Wall/
Relocation were evaluated and studied in detail as presented in the EA. 
The recommended action meets the four criteria and five factors listed 
above and is the most practical means of protecting the citizens of the 
town of Kaycee, Wyoming.

Consultation--Public participation

    A Letter of Request was received on November 13, 2002, from the 
Project Sponsors for the development of a watershed planning effort to 
construct flood protection under the authority of the Watershed 
Protection and Flood Prevention Act, Public Law (Pub. L.) 83-566, as 
amended (126 U.S.C. 10011008).
    In August 2004, the Wyoming Board of Agriculture reviewed the 
Public Law 83-566 Application for Federal Assistance, ranked the 
project as a high priority, and recommended the project for planning 
assistance.
    Through a collaborative effort the NRCS and the COE completed the 
Flood Damage Reduction Preliminary Investigation Report (PIR) in 
December 2004.
    Scoping meetings were held in March 2005 and March 2006 and 
interdisciplinary efforts were used in the scoping process. Several 
federal, state, county, and local agencies were involved in part, or 
all, of the scoping and planning process.
    Specific consultation was conducted with the State Historic 
Preservation Officer concerning cultural resources in the project area 
of the watershed.
    The draft Watershed Project Plan--EA was distributed or made 
available to all participating and interested agencies, groups, and 
individuals for review and comment from November 5 to December 20, 
2007. On December 6, 2007, the Sponsors held a public meeting to 
identify concerns of the local citizens regarding the draft Watershed 
Project Plan--EA.
    Agency consultation and public participation to date have shown no 
unresolved conflicts with the implementation of the selected plan.

Conclusion

    The EA 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 Kaycee Flood Protection 
Project, Middle Fork Powder River Watershed, Johnson County, Wyoming, 
is not required.
    Additional Information or questions can be directed to:

J. Xavier Montoya, State Conservationist, USDA--Natural Resources 
Conservation Service, 100 East B Street, Room 3124, P.O. Box 33124, 
Casper, WY 82602-5011, Phone: 307-233-6750, E-mail: 
[email protected].


[[Page 9765]]


    Dated: February 11, 2008.
Jay T. Mar,
Acting State Conservationist.
[FR Doc. E8-3296 Filed 2-21-08; 8:45 am]
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