[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Notices]
[Pages 76453-76456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27077]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2022-0016]


Notice of Intent To Prepare an Environmental Impact Statement for 
the North Branch Park River Watershed Plan, North Dakota

AGENCY: Natural Resources Conservation Service, U.S. Department of 
Agriculture.

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

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SUMMARY: The Natural Resources Conservation Service (NRCS) North Dakota 
State Office, announces its intent

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to prepare an EIS for the North Branch Park River Watershed located 
within Pembina, Walsh, and Cavalier Counties, North Dakota. NRCS will 
examine alternative solutions through the EIS process to provide flood 
damage reduction and watershed protection. 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 January 13, 2023. 
Comments received after the 30-day comment period 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 https://www.regulations.gov and search for docket ID NRCS-2022-0016. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: LuAnn Kemp, Park River Joint Water 
Resource District, National Resources Conservation Service, 308 
Courthouse Drive #5, Cavalier, ND, 58220. In your comment, specify the 
docket ID NRCS-2022-02016.
    All comments received will be posted and made publicly available on 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Christi Fisher; telephone: (701) 530-
2012;2091; email: [email protected]. Persons with disabilities 
who require alternative means of communication should contact USDA 
Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION: 

Purpose and Need

    The purposes of the proposed action are watershed protection and 
flood damage reduction. Watershed protection goals consist of reducing 
downstream nutrient loads, particularly phosphorus, and increasing 
quantity and quality of critical fish and wildlife habitats. The 
Watershed Project Plan is authorized under the authority of the 
Watershed Protection (XE ``Watershed Protection) and Flood Prevention 
Act of 1954 (Pub. L. 83-566) as amended and the Regional Conservation 
Partnership Program Project (16 U.S.C. Chapter 58, Subchapter VIII). 
This action is needed because the North Branch Park River Watershed 
incurs $1,733,000 in average annual flood damage as a result of 4,485 
acres of cropland inundation and damage to roads, buildings, and other 
property. The 100-year flood inundates 136 structures, including the 
community of Crystal, ND. The watershed annually contributes 36,412 
pounds of phosphorus and 197,533 pounds of nitrogen to the Red River. 
for which United States agreed to nutrient objectives at the 
international border have not been achieved. Historic loss of wetland 
and upland habitat within the Red River Basin also threatens multiple 
species.

Preliminary Proposed Action and Alternatives

    NRCS will provide technical and financial assistance for the 
proposed project through the NRCS Watershed Protection and Flood 
Prevention Program. The EIS is expected to evaluate 2 alternatives: one 
action alternative or no action alternative. The alternatives we intend 
to carry forward to final analysis are:
    Alternative 1--No Action: No federal action would be taken in the 
North Branch Park River Watershed and implementation of significant 
flood damage reduction or watershed protection projects is not expected 
to occur. The frequency and magnitude of flood damages in the watershed 
would remain at the current level, with average crop losses of $876,300 
annually due to flooding. Flood damage to a total of 136 structures, 
including homes, schools, and businesses in the community of Crystal, 
ND, will continue to generate average losses of $770,800 annually. Road 
maintenance associated with overtopping during floods will continue to 
generate average costs of $79,500 annually. The watershed will continue 
to contribute 36,412 pounds of phosphorus and 197,533 pounds of 
nitrogen to the Park River as well as the Red River and Lake Winnipeg. 
Wetlands and wildlife habitat will remain unchanged, barring a 
significant change in federal conservation programs.
    Alternative 2--Cart Creek Site 1: The preliminary proposed 
alternative under consideration at Cart Creek Site 1 is a multi-
purpose, off-channel, dry dam (XE ``Preferred Alternative'') with a 
drainage area of 33.8 square miles, embankment length of 2.6 miles, 
maximum height of 17.3 feet, and average height of 9.7 feet. The dam 
would provide 2,593 acre-feet of temporary flood storage at the 
auxiliary spillway crest elevation and inundate 466-acres for a 
duration of less than a week during flood events. A diversion weir 
would be constructed in Cart Creek and existing road ditches would be 
enlarged to route flows above a 2-year flood flow to the dam from Cart 
Creek. Surface water runoff and existing road ditches south of Cart 
Creek and west of the dam would be re-routed into the dry dam site via 
construction of new inlet structures and culverts designed to recreate 
natural sheet flow conditions. (XE ``Flood Prevention'') Within the 
temporary flood pool, 134 acres of shallow retention cells would be 
constructed and managed via water control and biomass harvest for 
removal of incoming nutrient loads. Water would be held in those cells 
via closed control structures from spring through early fall, to allow 
growing vegetation to uptake dissolved phosphorus. Water would be 
drained through control structures and via a pumped subsurface drainage 
system to allow vegetation to be cut, baled, and removed from the site 
prior to the first frost in 2 out of each 3 years. The alternative 
would also result in restoration of 284 acres of wetlands, enhancement 
of 16 acres of existing wetlands, and enhancement of 52 acres of 
uplands which would be managed for high quality wildlife habitat via 
grazing as needed.
    The two alternatives described above will be evaluated against each 
other in the EIS.

Summary of Expected Impacts

    An NRCS evaluation of this federally assisted action indicates that 
the proposed alternative may have a significant local, regional, 
national, or international impact on the environment. Hydrologic 
impacts include peak flow reductions of 64 percent and 66 percent of 
the 10- and 100-year recurrence interval flood events immediately 
downstream of the retention site, and 20 percent and 28 percent of the 
10- and 100-year recurrence interval flood events at the downstream 
community of Crystal, ND. Immediately downstream of the retention site, 
average annual loads of total phosphorus, total nitrogen, and total 
suspended solids are reduced by 60 percent, 66 percent, and 38 percent 
respectively. The proposed alternative would result in a total loss of 
5.7 acres of wetlands through fill placement and excavation, which will 
be mitigated for via onsite wetland restoration. The project generates 
a net restoration of 284 acres of wetlands (total of 289.7 acres) and 
enhances 16 acres of existing wetlands as a result of restored 
hydrology and vegetative communities, enhancement of 18 acres of 
existing wetlands that are currently cropped, and enhancement of 52 
acres upland wildlife habitat for the benefit of migratory birds and 
other wildlife species. Short term negative impacts during construction 
are anticipated to be local only, and may occur in relation to soils, 
vegetation, noise, and traffic.

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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, which is a cooperating federal 
agency on the planning effort. Consultation is ongoing and no 
significant challenges are anticipated given the overall environmental 
benefits of the project.
     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 
Permit), both of which would be issued by the ND Department of 
Environmental Quality, a cooperating state agency on the planning 
effort. Consultation is ongoing and no significant challenges are 
anticipated given the overall environmental benefits of the project and 
the fact this is an off-channel retention structure.
     Permit to Construct or Modify a Dam. The project will 
require authorization from the North Dakota Department of Water 
Resources (ND DWR) for construction of a dam. ND DWR is a cooperating 
state agency on the plan and is assisting in funding for the project.
     Water Appropriation Permit. The project may require a 
conditional water use permit from ND DWR for construction of a dam. ND 
DWR is a cooperating state agency on the plan and is assisting in 
funding for the project.
     Floodplain Permit. The project will require a floodplain 
development permit from Pembina County. Pembina County is a cooperating 
local agency on the project.
     NHPA Section 106 Consultation. Consultation with Tribal 
Nations and interested parties is being conducted as required by the 
National Historic Preservation Act of 1966.

Schedule of Decision-Making Process

    A draft (DEIS) will be prepared and circulated for review and 
comment by agencies and the public for at least 45 days per 40 CFR 
1503.1, 1502.2, 1506.11, 1502.17, and 7 CFR 650.13. The DEIS is 
anticipated to be published in the Federal Register approximately 6 
months after publication of this NOI. A final EIS is anticipated to be 
published within 6 months of completion of the public comment period 
for the DEIS. NRCS will then decide whether to implement one of the 
alternatives as evaluated in the EIS. A Record of Decision will be 
completed after the required 30-day waiting period and will be publicly 
available. The responsible federal official for the NRCS is Mary 
Podoll, North Dakota State Conservationist.

Public Scoping Process

    Public scoping meetings will be held at the Cart Creek Site 1 
Project to further develop the scope of the DEIS. A preliminary scoping 
meeting was held on February 17, 2016, in Mountain, ND. An additional 
scoping meeting will be held after the NOI is published. Comments 
received for both meetings, including names and addresses of those who 
comment, will be part of the public record. The date, time, and 
location for the second meeting will be provided on the ND NRCS 
website, the Pembina Water Resource District website, and published in 
the Cavalier Chronicle.
    NRCS will coordinate the scoping process as provided in 36 CFR 
800.2(d)(3) and 800.8 (54 U.S.C. 306108) to help fulfill the National 
Historic Preservation Act (NHPA), as amended, review process.

Identification of Potential Alternatives, Information, and Analyses

    NRCS invites agencies, tribes, and individuals who have special 
expertise, legal jurisdiction, or interest in the Cart Creek Site 1 
Project to provide comments concerning the scope of the analysis and 
identification of potential alternatives, information, and analyses 
relevant to the Proposed Action.

Authorities

    This document is published in line with 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)). 
The 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).

Federal Assistance Program

    The titles and numbers of the Federal Domestic Assistance Programs 
found in the Catalog of Federal Domestic Assistance to which Notice of 
Funding Availability applies is 10.904 Watershed Protection and Flood 
Prevention.

Executive Order 12372

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' requires consultation with State and local officials that 
would be directly affected by proposed Federal financial assistance. 
The objectives of the Executive order are to foster an 
intergovernmental partnership and a strengthened federalism, by relying 
on State and local processes for State and local government 
coordination and review of proposed Federal financial assistance and 
direct Federal development. This program is subject to the provisions 
of Executive Order 12372, which requires intergovernmental consultation 
with State and local officials.

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) or 
dial 711 for Telecommunications Relay Service (both voice and text 
telephone users can initiate this call from any telephone). 
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-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: U.S. Department of

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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.

Mary Podoll,
North Dakota State Conservationist, Natural Resources Conservation 
Service.
[FR Doc. 2022-27077 Filed 12-13-22; 8:45 am]
BILLING CODE 3410-16-P