[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Notices]
[Pages 17979-17981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06579]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2022-0002]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Cove-East Fork Virgin River Watershed Plan, Kane County, Utah

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice of Intent (NOI) to prepare an Environmental Impact 
Statement (EIS).

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SUMMARY: The Natural Resources Conservation Service (NRCS) Utah State 
Office announces its intent to prepare an EIS for the Cove-East Fork 
Virgin River Watershed Plan EIS Project located within the East Fork 
Virgin River Watershed in Kane County, Utah. The EIS process will 
examine alternative solutions to provide adequate irrigation water in 
Kane and Washington counties during summer months, local water-based 
recreation, and green energy opportunities. This EIS will also serve as 
the necessary environmental documentation for development of a new 
Black Knoll borrow pit and potential expansion of the existing Bald 
Knoll borrow pit. Both pits are located on Bureau of Land Management 
(BLM) administered public lands and require BLM authorization. The BLM 
will be a cooperating agency in the development of this EIS. NRCS is 
requesting comments to identify significant issues, potential 
alternatives, information, and analyses relevant to the Proposed Action 
from all interested individuals, Federal and State agencies, and 
Tribes.

DATES: We will consider comments that we receive by April 28, 2022. 
Comments received later will be considered to the extent possible.

ADDRESSES: We invite you to submit comments in response to this notice. 
You may submit your comments through one of the methods below:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and search for docket ID NRCS-2022-0002. Follow the 
online instructions for submitting comments; or
     Hand Delivery or Mail: Brian Parker, Biologist, Southwest 
Assistant Regional Manager, 1745 South Alma School Rd. Suite 220, Mesa, 
Arizona 85044. Please specify the docket ID NRCS-2022-0002.
    All comments received will be posted and made publicly available on 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Norm Evenstad, Assistant State 
Conservationist--Water Resources; telephone: (801) 524-4569; email: 
[email protected]. Persons with disabilities who require 
alternative means for communication should contact the USDA Target 
Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION:

Purpose and Need

    The primary purpose for watershed planning and preparation of this 
EIS is to increase and maintain a reliable supply of water for local 
agricultural use and existing storage needs, increase water 
conservation, and improve water delivery efficiency in the Upper Virgin 
Watershed in Kane County, Utah, and for existing and future water 
demands in Washington County, Utah. Watershed planning is authorized 
under Public Law 83-566, the Watershed Protection and Flood Prevention 
Act of 1954, as amended, and Public Law 78-534, the Flood Control Act 
of 1944.
    This action is needed because agriculture users in the Upper Virgin 
Watershed routinely experience water shortages during late summer 
months when East Fork Virgin River flows are depleted. Existing 
irrigation facilities have limited capabilities to divert water from 
the river, and there is currently no capacity for storage during non-
use and high-flow periods. As a result, adequate water is not available 
to local users; therefore, the purpose of the action is to provide 
enhanced conservation and beneficial use of water by increasing water 
availability through collection and storage during non-use periods to 
provide adequate flows during the irrigation season.
    Currently, a lack of irrigation water near the communities of Mt. 
Carmel, Orderville, and Glendale has resulted in a limitation of the 
amount of alfalfa and other crops that can be grown. In particularly 
dry years, the number of alfalfa cuttings has been reduced, resulting 
in a loss of production. Lands currently used for agricultural purposes 
in Washington County have also experienced a reduction in crop 
production.
    Three other objectives are included as part of the proposed action. 
The existing Glendale hydroelectric plant does not meet the needs of 
the community, and the Orderville plant only generates power during the 
fall, winter, and early spring months. The project proposes a new 
Glendale facility and would make water available during the summer 
months at the Orderville site that could help meet energy needs. 
Secondly, the project plans to enhance existing irrigation systems to 
promote water conservation. Finally, project development would offer 
additional water-based recreation opportunities in the area, and water-
based recreation activities are in high demand in Kane County.

Preliminary Proposed Action and Alternatives

    The East Fork Virgin River watershed focused planning area is 
approximately

[[Page 17980]]

153 square miles. Two action alternatives and the no action alternative 
will be evaluated in the Draft EIS. The NRCS would provide technical 
and financial assistance for the proposed project through the NRCS 
Watershed Protection and Flood Prevention Program, and NRCS would also 
design and implement a selected alternative. The alternatives we intend 
to carry forward in the analysis are below:
    1. No Action Alternative. Taking no action would consist of 
activities carried out if no federal action or funding were provided. 
The new Glendale facility would not be built, and no new irrigation 
facilities would be developed to provide additional water supply during 
the summer months. No improvements to the Mt. Carmel irrigation system 
would be made. The existing structures would continue to operate in 
their current condition and would not meet the purpose and need to 
increase and maintain additional water supply, as described above.
    2. Action Alternative 1--Construction of Cove Reservoir (Proposed 
Action). Construction of a new reservoir (Cove Reservoir) within the 
East Fork Virgin River Watershed, plus additional irrigation system 
improvements in the Mt. Carmel, Orderville, and Glendale area.
    For the Cove Reservoir, two sizes would be considered as sub-
alternatives, a 6,055-acre-foot reservoir and a 4,000-acre-foot 
reservoir would be analyzed to increase water conservation. The 
irrigation improvements would convert the ditched system at Mt. Carmel 
to a pressurized system. A pressurized system would reduce water loss 
during transportation, conserving additional water and increasing the 
efficiency of the Mt. Carmel system. The currently inoperable Glendale 
hydroelectric power plant would be relocated and upgraded to produce 
twice its current power, and a new pipeline would be constructed to 
access the new plant.
    3. Action Alternative 2--Alternate reservoir site. An alternate 
reservoir site with recreation facilities within the East Fork Virgin 
River Watershed, plus additional irrigation system improvements in the 
Mt. Carmel, Orderville, and Glendale area. The same irrigation 
improvements as in Action Alternative 1 are proposed. The alternative 
reservoir would have a capacity of around 6,000 acre-feet, with a 
maximum capacity of 6,750 acre-feet per the Zion National Park 
agreement. The reservoir would be located within the watershed area at 
another suitable location based on geological and environmental 
suitability.
    Also, both action alternatives would include one new borrow pit at 
Black Knoll and expansion of the existing borrow pit at Bald Knoll. 
Both pits are located on Bureau of Land Management (BLM)-administered 
public lands. The BLM will need to provide approval following 
completion of the environmental analysis before any material can be 
removed from these pits.

Summary of Expected Impacts

    An NRCS evaluation of this federally assisted action indicates that 
proposed alternatives may have significant local, regional, or national 
impacts on the environment. Potential impacts include wetland and flood 
plain alteration due to the construction of the reservoir. Potential 
realignment of roads and/or removal of structures could occur, 
depending on the reservoir location. Long-term beneficial impacts would 
occur with additional water supply provided to Kane County and 
Washington County, plus additional recreational opportunities at the 
reservoir. The proposed action would reduce on-going water shortages 
experienced by Kane County agriculture users during the summer months.

Anticipated Permits and Authorizations

    The following permits and other authorizations are anticipated to 
be required:
     CWA Section 404 permit. Implementation of the proposed 
federal action would require a Clean Water Act (CWA) Section 404 permit 
from the U.S. Army Corps of Engineers. Permitting with the U.S. Army 
Corps of Engineers regarding potential wetland impacts is ongoing and 
will be finalized prior to final design and construction.
     CWA Section 401 permit. The project would also require 
water quality certification under Section 401 of the CWA and permitting 
under Section 402 of the CWA (National Pollutant Discharge Elimination 
System Permit).
     Dam safety and floodplain permit. Local dam safety and 
floodplain permits will be required.
     NHPA Section 106 consultation. Consultation with Tribal 
Nations and interested parties will be conducted as required by the 
National Historic Preservation Act of 1966 (as amended) (16 U.S.C. 
470f).
     Wild and Scenic Rivers Act Section 7 Consultation. 
Consultation with the National Park Service regarding impacts to Virgin 
River outstandingly remarkable values downstream of the proposed 
project.

Schedule of Decision-Making Process

    A Draft EIS will be prepared and circulated for review and comment 
by agencies and the public for at least 45 days per 40 CFR 1503.1, 
1502.20, 1506.11, and 1502.17, and 7 CFR 650.13. The Draft EIS is 
anticipated to be published in the Federal Register approximately 10 
months after publication of this NOI. A Final EIS is anticipated to be 
published within 8 months of completion of the public comment period 
for the DEIS.
    There will be two decisions made and one or two Record(s) of 
Decision:
     NRCS Decision. The NRCS will decide whether to implement 
one of the action alternatives or the No Action Alternative. The Record 
of Decision will be completed after the required 30-day waiting period. 
The decision maker and responsible federal official for the NRCS is 
Emily Fife, Utah State Conservationist.
     BLM Decision. The BLM will decide to authorize the usage 
of one or more borrow pits to provide material for construction of the 
earthen dam for either action alternative.

Public Scoping Process

    NRCS invites all interested individuals and organizations, public 
agencies, and Native American Tribes to comment on the scope of the 
EIS, including the project's purpose and need, alternatives proposed, 
new alternatives that should be considered, specific areas of study, 
data to be obtained or included in the analysis, and evaluation 
methodology. A virtual scoping meeting presenting the project and 
develop the scope of the EIS was held online via Zoom on October 20, 
2021, from 6:00-7:30 p.m. MDT. Scoping meeting presentation materials, 
including a video recording of the meeting, is available on the project 
website, along with project background information at https://bit.ly/3AX7Pg4.
    This meeting involved a project presentation followed by a group 
question and answer period. Project team members were available for 
discussion of individual questions. Scoping provides the ability for 
the public to provide input on the kinds of issues that should be 
addressed, what alternatives should be considered, impacts and 
additional research that should be considered, and any actions that 
could be related to the project. Comments received, including the names 
and addresses of those who comment, will be part of the public record.

[[Page 17981]]

Identification of Potential Alternatives, Information, and Analyses

    NRCS invites agencies and individuals who have special expertise, 
legal jurisdiction, or interest in the Cove-East Fork Virgin River 
Watershed in Kane County, Utah to provide comments concerning the scope 
of the analysis and identification of relevant information and studies. 
All interested parties are invited to provide input related to the 
identification of potential alternatives, information, and analyses 
relevant to the Proposed Action in writing or during the public scoping 
meeting.

Authorities

    This document is published pursuant to the National Environmental 
Policy Act (NEPA) regulations regarding publication of a notice of 
intent to issue an environmental impact statement (40 CFR 1501.9(d)). 
This EIS will be prepared to evaluate potential environmental impacts 
as required by section 102(2)(C) of the National Environmental Policy 
Act of 1969 (NEPA); the Council on Environmental Quality regulations 
(40 CFR parts 1500-1508); and NRCS regulations that implement NEPA in 7 
CFR part 650. Watershed planning is authorized under the Watershed 
Protection and Flood Prevention Act of 1954, as amended, (Pub. L. 83-
566) and the Flood Control Act of 1944 (Pub. L. 78-534). Also, the 
title and number of the federal assistance program in the Catalog of 
Federal Domestic Assistance to which this Notice of Funding 
Availability applies is 10.904 Watershed Protection and Flood 
Prevention.

USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and USDA civil rights 
regulations and policies, USDA, its Agencies, offices, and employees, 
and institutions participating in or administering USDA programs are 
prohibited from discriminating based on race, color, national origin, 
religion, sex, gender identity (including gender expression), sexual 
orientation, disability, age, marital status, family or parental 
status, income derived from a public assistance program, political 
beliefs, or reprisal or retaliation for prior civil rights activity, in 
any program or activity conducted or funded by USDA (not all bases 
apply to all programs). Remedies and complaint filing deadlines vary by 
program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (for example, braille, large 
print, audiotape, American Sign Language, etc.) should contact the 
responsible Agency or USDA TARGET Center at (202) 720-2600 (voice and 
TTY) or (844) 433-2774 (toll-free nationwide). Additionally, program 
information may be made available in languages other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the letter all the information requested in the form. To request a copy 
of the complaint form, call (866) 632-9992. Submit your completed form 
or letter to USDA by mail to: U.S. Department of Agriculture, Office of 
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, 
Washington, DC 20250-9410 or email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Emily Fife,
Utah State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2022-06579 Filed 3-28-22; 8:45 am]
BILLING CODE 3410-16-P