[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Notices]
[Pages 76456-76458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27083]


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

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2022-0017]


Notice of Intent To Prepare an Environmental Impact Statement for 
the McGriff Lakes--Sutter Basin Watershed Flood Control and Flood 
Safety Project Sutter County, California

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement 
(EIS).

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

SUMMARY: The Natural Resources Conservation Service (NRCS) California 
State Office announces its intent to prepare an EIS for the McGriff 
Lakes--Sutter Basin Watershed Flood Control and Flood Safety Project, 
which is located approximately 30 miles northwest of Sacramento in the 
proximity of Knights Landing, California. NRCS is requesting comments 
to identify significant issues and alternatives to be addressed in the 
EIS from all interested individuals, Tribes, and Federal, State and 
local Agencies and jurisdictions. The EIS process will examine 
alternative solutions to modernize the existing Karnak Drainage 
Facility, portions of which are over 100 years old, to continue to 
provide reliable flood protection for the Reclamation District No. 1500 
(RD 1500) service area. The Reclamation District service area includes 
over 60,000 acres of agricultural farmland, the community of Robbins 
and surrounding rural areas, and California State Route 113, a 
designated emergency route through the watershed. The primary purpose 
for this watershed plan is to provide reliable and long-term flood 
prevention and damage reduction to the RD 1500 service area and improve 
public safety and emergency access. Although the existing Karnak 
Drainage Facility has been well maintained, the required repairs for 
the pump stations are becoming more costly while the reliability of the 
facility is decreasing because parts needed for repair and continued 
operation are no longer available and must be custom fabricated. The 
aging infrastructure and lack of parts availability puts all land 
within the RD1500 service area at risk in the event of a significant 
rainfall event. Without adequate and reliable flood control, millions 
of dollars in agricultural products would be at risk, the designated 
emergency route would be in jeopardy of flood closures, and substantial 
property damage and potential loss of life are possible in the 
community of Robbins and surrounding areas.

DATES: We will consider comments that we receive within 30 days after 
date of publication of this notice in the Federal Register. Comments 
received after 30 days 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-2022-0017. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: Mr. Roger Cornwell, RD 1500 General 
Manager, PO Box 96, Robbins, CA 95676; or
     Email: [email protected].
    For written comments, specify the docket ID NRCS-2022-0017. All 
comments received will be posted without change and made publicly 
available on www.regulation.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Ernesto A. De La Riva, telephone: 
(530) 792-5680; email: [email protected]. In addition, for 
questions related to submitting comments via RD 1500 General Manager: 
Mr. Roger Cornwell at (530) 738-4423, Fax (530) 738-4327, 
[email protected], or the project website at: https://sutterbasinwater.com/flood-control-flood-safety-rehabilitation-project/. Persons with disabilities who require alternative means for 
communication should contact the U.S. Department of Agriculture (USDA) 
Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION:

Purpose and Need

    The watershed project would be implemented as flood protection, as 
authorized under sections 3 and 4 of Public Law 83-566. The primary 
purpose for this watershed plan is to provide reliable and long-term 
flood prevention and damage reduction to the RD 1500 service area and 
improve public safety and emergency access. Watershed planning was 
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.
    RD 1500, one of the largest reclamation districts in California, 
was created by special act of the State Legislature in 1913. It 
provides drainage and flood control to an area of approximately 67,850 
acres within its service area, including protecting the community of 
Robbins and surrounding rural residential property from flood damage, 
protecting over 60,000 acres of rural farmland from flooding, and 
providing flood protection of SR 113 and other local emergency response 
roadways. The project will address issues at the Karnak Drainage 
Facility which was originally built in 1914 with two additional 
facilities added in 1929 and 1952. These facilities have continued to 
protect the RD1500 for over 100 years. However, they are all past their 
useful service life. While RD1500 has continued to maintain these 
facilities, it has become increasingly difficult to obtain parts and 
keep the facilities functional during storm events.
    The Karnak Drainage Facilities provided flood protection for 70 
Year-Level storm events from January to March of 2017, which were the 
second highest precipitation events in the last 144 years record in the 
northern California area. Uncharacteristically of the facilities, all 
pumping stations were operational at the time. The Karnak Drainage 
Facility was able to provide flood reduction to approximately 31,200 
acres of prime farmland within the Sutter Basin and the community of 
Robbins would have been under 5 to 6 feet of water, completely cutting 
off access to SR 113, which at the time was being use by residence of 
Oroville, California as an evacuation route from the Orville Dam crisis 
of February 2017.
    To meet the purpose of continuing flood protection for the Sutter 
Basin, modernization of the existing Karnak Facilities will be 
necessary. A Preliminary Investigative Report (PIR), completed by 
RD1500 in 2021, investigated and studied possible solutions to address 
flood protection in the Sutter Basin. As a result of the new 
information obtained during an EA process, the level of analysis this 
watershed project needs is more extensive than anticipated during 
scoping in 2021. Estimated Federal funds required for the construction 
of the proposed action may exceed $25

[[Page 76457]]

million and the proposed action will therefore require congressional 
approval per the 2018 Agriculture Appropriations Act amended funding 
threshold. In accordance with 7 CFR 650.7(a)(2), an EIS is required for 
projects requiring congressional approval.

Preliminary Proposed Action and Alternatives, Including No Action

    The objective of the EIS is to formulate and evaluate alternatives 
for flood prevention in the RD 1500 service area. Three Action 
Alternatives are expected to be evaluated in the EIS, given their 
anticipated viability of meeting the purpose and need of the Watershed 
Project.
    -- Proposed Action Alternative--Modernization. This alternative 
would evaluate rehabilitating the existing antiquated Karnak Facility 
by modernizing and repairing the facilities. The proposed action is to 
demolish two facilities on the west side of the levee and build a new 
facility. The district will install temporary cofferdams on the west 
side to remove these facilities and gain access to the existing 
outlets. The existing outlets will be reused to prevent need of 
disturbing the levee. A new facility will be built on the west side to 
replace the 1929 and 1952 facilities. The 1914 facility will remain and 
be rehabilitated with new systems/pumps. The existing outlet structures 
will be reused and relined at all three existing discharge culvert 
locations. This significantly reduces the environmental impacts from 
this project. Temporary cofferdams may need to be installed on the east 
side of the levee next to the East Canal depending on water level. This 
may be necessary to safely finish the installation of the liners and a 
fish barrier. No equipment will be driven into the East Canal and no 
permanent impacts will take place to habitat on the East Canal. Fill 
will be about 1,500 cubic yards on the west side for the new facility, 
but it will not change the existing footprint in the watercourse. This 
alternative will provide continued flood protection within the Sutter 
Basin and continually allow access to SR 113 for public emergencies.
    --Flood Plain Restoration Alternative--Alternative 2. This 
alternative, a nonstructural alternative, would include purchasing land 
to restore the floodplain. This would include removing the town of 
Robbins and removing approximately 31,200 acres of prime farmland 
within the Sutter Basin. This alternative would not allow the continual 
use of SR 113 during emergencies.
    --No Action. Taking no action alternative would consist of Karnak 
Drainage Facility continuing its current operations while the facility 
continually degrades until it becomes impossible to keep the facility 
operational during active storm events. The No Action Alternative is 
not expected to meet the project's purpose and need.

Summary of Expected Impacts

    Initial cost estimates of the proposed actions have determined that 
the Federal contribution to construction will exceed $25 million, 
requiring congressional approval. Per 7 CFR 650.7, an EIS is required 
when projects require congressional action. The NRCS California State 
Conservationist, has determined that the preparation of an EIS is 
required for this watershed project. This EIS will be prepared 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.
    Resource concerns for scoping were identified and categorized as 
relevant or not relevant to the proposed Project action. RD 1500 and 
NRCS evaluated the current Karnak Drainage Facility infrastructure 
along with relevant resource concerns for each proposed solution. 
Environmental resources in the project area consist of the natural and 
man-made environment. Resource concerns to be identified and addressed 
in the Watershed Plan-EIS include Cultural and Historic Resources; Land 
Resources/Prime Farmland; Geology and Soils; Public Safety; 
Socioeconomics/Environmental Justice; Water Resources; Vegetation/
Invasive and Non-native Plant Species; Wetlands and Riparian Areas; 
Fish and Wildlife/Fish Habitat; and Special Status Species/Migratory 
Bird Treaty Act Species.

Anticipated Permits and Authorizations

    The following permits and authorizations are anticipated to be 
required:

 Clean Water Act (CWA) Section 404 Permit: Proposed Action may 
require permit from the U.S. Army Corps of Engineers
 CWA Section 401 Permit: Project will require water quality 
certification
 CWA Section 402 Permit: Project may require National Pollutant 
Discharge Elimination System Permit
 Central Valley Flood Protection Board (CVFPB): A local dam 
safety and flood plain permit may be required
 U.S. Fish and Wildlife Service ESA Section 7 Consultation
 National Marine Fisheries Service ESA Section 7 Consultation
 National Historic Preservation Act (NHPA) section 106 
Consultation with the State Historic Preservation Office (SHPO), Tribal 
Historic Preservation Office (THPO), and Tribes
 County--Permit: Implementation of the proposed Federal action 
may require permit from Sutter County

Schedule of Decision-Making Process

    A Draft EIS (DEIS) will be prepared and circulated for review and 
comment by agencies, Tribes, consulting parties, and the public for 45 
days per 40 CFR 1503.1, 1502.20, 1506.11, and 1502.17, and 7 CFR 
650.13. The DEIS is anticipated to be published in the Federal Register 
in 2023, 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 invites agencies and 
individuals who have special expertise, legal jurisdiction, or interest 
in the McGriff lakes--Sutter Basin Watershed to participate and 
identify potential alternatives. The responsible Federal official and 
decision maker for the NRCS is the California NRCS State 
Conservationist.

Public Scoping Process

    A public scoping meeting was held on March 30, 2021. Comments 
received, including the names and addresses of those who comment, will 
be part of the public record. Scoping meeting presentation materials 
are available on the project website: https://sutterbasinwater.com/flood-control-flood-safety-rehabilitation-project/. The date, time, and 
location for a second meeting will be announced on the project website.
    Federal, State, Tribal, local agencies and representatives, and the 
public were invited to take part in this watershed plan scoping period. 
One public scoping meeting sought input on issues of economic, 
environmental, cultural, and social importance in the watershed. RD 
1500 and NRCS organized the public scoping meeting to provide an 
opportunity to review and evaluate the Project alternatives, express 
concern or support, and gain further information regarding the Project. 
To determine the most viable alternatives to carry forward to the EIS, 
RD 1500 used input obtained during public scoping discussions to focus 
on relevant resource concerns and issues and eliminated those that were 
not relevant from further detailed study.

[[Page 76458]]

Identification of Potential Alternatives, Information, and Analyses

    NRCS invites agencies, Tribes, consulting parties, and individuals 
who have special expertise, legal jurisdiction, or interest in the 
Watershed Project to provide comments concerning the scope of the 
analysis and identification of potential alternatives, information, and 
analyses relevant to the Proposed Action.
    NRCS will coordinate the scoping process to correspond with any 
required NHPA processes, as allowed in 36 CFR 800.2(d)(3) and 800.8 (54 
U.S.C. 306108). The information about historic and cultural resources 
within the area potentially affected by the proposed project will 
assist NRCS in identifying and evaluating impacts to such resources in 
the context of both NEPA and NHPA.
    NRCS will consult with Native American tribes on a government-to-
government basis in accordance with 36 CFR 800.2 and 800.3, Executive 
Order 13175, and other policies. Tribal concerns, including impacts on 
Indian trust assets and potential impacts to cultural resources and 
historic properties, will be given due consideration.

Authorities

    This document is published pursuant to the NEPA regulations 
regarding publication of a notice of intent to issue an environmental 
impact statement (40 CFR 1501.9(d)). 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 Programs

    The title and number of the Federal assistance program as found in 
the Assistance Listing (formerly referred to as the Catalog of Federal 
Domestic Assistance) to which this document 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 and 
TTY). 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.

Carlos Suarez Oliva,
California State Conservationist, Natural Resources Conservation 
Service.
[FR Doc. 2022-27083 Filed 12-13-22; 8:45 am]
BILLING CODE 3410-16-P