[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Notices]
[Pages 34301-34303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16797]


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

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Marbury Creek Watershed Structure No. 22: Barrow County, GA

AGENCY: Natural Resources Conservation Service.

ACTION: Notice of Availability of a Finding of No Significant Impact.

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

[[Page 34302]]

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 Marbury 
Creek Watershed Structure No. 22, Barrow County, Georgia.

FOR FURTHER INFORMATION CONTACT: Cran Upshaw, Economist, Federal 
Building, 355 East Hancock Avenue, Athens, Georgia 30601, Telephone 
(706) 546-2277, e-mail [email protected].

SUPPLEMENTAL 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, James E. Tillman, Sr., State 
Conservationist, has determined that the preparation and review of an 
environmental impact statement is not needed for this project.
    The project purpose is continued flood prevention. The planned 
works of improvement include upgrading an existing floodwater retarding 
structure.
    The Notice of a Finding of No Significant Impact (FONSI) has been 
forwarded to the U.S. Environmental Protection Agency and to various 
Federal, State, and local agencies and interested parties. A limited 
number of the FONSI is 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 Cran Upshaw at the above 
number.
    No administrative action on implementation of the proposal will be 
taken until 30 days after the date of this publication in the Federal 
Register.

    Signed in Athens, Georgia, on July 2, 2009.
James E. Tillman, Sr.,
State Conservationist.
(This activity is listed in the Catalog of Federal Domestic 
Assistance under 10.916, Watershed Protection and Flood Prevention, 
and is subject to the provisions of Executive Order 12372, which 
requires inter-government consultation with State and local 
officials).

Finding of No Significant Impact for Marbury Creek Watershed Structure 
No. 22, Barrow County, Georgia, July 3, 2009

Introduction

    The Marbury Creek Watershed is a federally assisted action 
authorized for planning under Public Law 106-472, the Watershed 
Rehabilitation Act, which amends Public Law 83-566, the Watershed 
Protection and Flood Prevention Act. An environmental assessment was 
undertaken in conjunction with development of the watershed plan. 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, 355 East Hancock Avenue, Athens, Georgia 30601.

Recommended Action

    This document describes a plan for upgrading an existing floodwater 
retarding structure, Marbury Creek Watershed Structure No. 22, to meet 
current dam safety criteria in Georgia. The plan calls for the widening 
of the vegetative auxiliary spillway on an existing dam. Works of 
improvement will be accomplished by providing financial and technical 
assistance through an eligible local sponsor.
    The principal project measures are to:
    1. Widen the vegetative auxiliary spillway. This action is designed 
to bring the existing dam into compliance with current dam safety 
criteria in Georgia.
    2. The measures will be planned and installed by developing a 
contract with the current operator of the dam.

Effects of Recommended Action

    Widening the vegetative auxiliary spillway will bring Marbury Creek 
Watershed Structure No. 22 into compliance with current dam safety 
criteria. This will essentially eliminate the risk to loss of life for 
individuals in 1 home and 6 roads downstream. Additional effects will 
include continued protection against flooding, continued water quality 
benefits, continued fishing activities, continued recreational 
opportunities, protected land values, protected road and utility 
networks, and reduced maintenance costs for public infrastructure.
    Wildlife habitat will not be disturbed during installation 
activities. No wetlands, wildlife habitat, fisheries, prime farmland, 
or cultural resources will be destroyed or threatened by this project.
    Some 20 acres of wetland and wetland type wildlife habitat will be 
preserved. Fishery habitats will also be maintained.
    No endangered or threatened plant or animal species will be 
adversely affected by the project.
    There are no wilderness areas in the watershed.

Alternatives

    Eight alternative plans of action were considered in project 
planning. No significant adverse environmental impacts are anticipated 
from installation of the selected alternative. Also, the planned action 
is the most practical, complete, and acceptable means of protecting 
life and property of downstream residents.

Consultation--Public Participation

    Original sponsoring organizations include the Georgia Soil and 
Water Conservation Commission, Oconee River Soil and Water Conservation 
District and Barrow County. At the initiation of the planning process, 
meetings were held with representatives of the original sponsoring 
organizations to ascertain their interest and concerns regarding the 
Marbury Creek Watershed. The Georgia Soil and Water Conservation 
Commission agreed to serve as ``lead sponsor'' being responsible for 
leading the planning process with assistance from NRCS. As lead sponsor 
they also agreed to provide non-federal cost-share, property rights, 
operation and maintenance, and public participation during, and beyond, 
the planning process.
    An Interdisciplinary Planning Team provided for the ``technical'' 
administration of this project. Technical administration includes tasks 
pursuant to the NRCS nine-step planning process, and planning 
procedures outlined in the NRCS-National Planning Procedures Handbook. 
Examples of tasks completed by the Planning Team include, but are not 
limited to, Preliminary Investigations, Hydrologic Analysis, Reservoir 
Sedimentation Surveys, Economic Analysis, Formulating and Evaluating 
Alternatives, and Writing the Watershed Plan--Environmental Assessment. 
Data collected from partner agencies, databases, landowners, and others 
throughout the entire planning process were presented at the public 
meeting on May 27, 2009. Informal discussions amongst planning team 
members, partner agencies, and landowners were conducted throughout the 
entire planning period.

Public Participation

    A public meeting was held on May 27, 2009 to explain the Watershed 
Rehabilitation Program and to scope resource problems, issues, and 
concerns of local residents associated with the project area. Potential 
alternative solutions to bring Marbury Creek No. 22 into compliance 
with current dam safety

[[Page 34303]]

criteria were also presented. Through a voting process, eleven meeting 
participants heard summaries of planning accomplishments to date, 
provided input on issues and concerns to be considered in the planning 
process, were made aware of results from the reservoir sedimentation 
survey, and identified which planning alternative (i.e., No Action, 
Decommission, Structural, Non-Structural) was most desirable.

Conclusion

    The Environmental Assessment summarized above indicates that this 
Federal action will not cause significant adverse local, regional, or 
national impacts on the environment. Therefore, based on the above 
findings, I have determined that an environmental impact statement for 
the recommended plan of action on Marbury Creek Watershed Structure No. 
22 is not required.

    July 2, 2009.

James E. Tillman, Sr.,
State Conservationist.

[FR Doc. E9-16797 Filed 7-14-09; 8:45 am]
BILLING CODE 3410-16-P