[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Notices]
[Pages 8400-8403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02779]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2023-0001]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Wood River Watershed, Custer County, Dawson County, Buffalo County, 
Hall County, and Merrick County, Nebraska

AGENCY: Natural Resources Conservation Service, USDA.

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

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SUMMARY: The Natural Resources Conservation Service (NRCS) Nebraska 
State Office announces its intent to prepare an EIS for the Wood River 
Watershed Project in the proximity of Oconto, Nebraska, downstream to 
Grand Island, Nebraska. The EIS process will examine the potential 
impacts of alternative solutions to reduce flood risk and damages 
caused by flooding to the communities and agricultural lands throughout 
the watershed. 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 March 13, 2023. 
Comments received after the close of the comment period will be 
considered to the extent possible.

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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-2023-0001. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: John Petersen, Project Manager, JEO 
Consulting Group, 11213 Davenport Street, Ste. 200, Omaha, NE 68154. 
For written comments, specify the docket ID NRCS-2023-0001.
    All comments received will be posted without change and made 
publicly available on www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Contact Britt Weiser, telephone: (402) 
437-4116; email: [email protected], for information regarding 
general NRCS policy; or John Petersen, telephone: (402) 392-9923, 
email: [email protected] for information specific to the Wood River 
Watershed Project; or visit the project website at: https://tinyurl.com/3k6ukz7w.
    Individuals who require alternative means for communication should 
contact the U.S. Department of Agriculture (USDA) Target Center at 
(202) 720-2600 (voice and text telephone (TTY)) or dial 711 for 
Telecommunications Relay service (both voice and text telephone users 
can initiate this call from any telephone).

SUPPLEMENTARY INFORMATION:

Purpose and Need

    The primary purpose for watershed planning and preparation of this 
EIS is to provide flood prevention or flood risk reduction measures to 
the communities and agricultural lands in the Wood River Watershed 
located in the jurisdiction of the Central Platte Natural Resources 
District (CPNRD) across portions of Custer, Dawson, Buffalo, Hall, and 
Merrick Counties in south-central Nebraska. The purposes of watershed 
planning are authorized by the Watershed Protection and Flood 
Prevention Act of 1954, (Pub. L. 83-566) as amended, and the Flood 
Control Act of 1944 (Pub. L. 78-534).
    Action is needed because areas of the Wood River Watershed have 
experienced repeated and damaging flooding, including major floods in 
1967, 2005, and 2019. The Wood River Watershed experiences both flash 
and riverine floods from the Wood River and various tributaries. Flood 
damages are exacerbated by the high groundwater table in the region. 
Outside of the Wood River Watershed's communities, the majority of land 
is used for row-crop agriculture. Flood damages to cropland and pasture 
occur due to inundation, sediment deposition, scour, and erosion.
    The earliest recorded flood impacted the watershed in 1883, and 
recurring floods have been reported throughout the 1940s to present 
day. The most extensive flood event occurred in 1967 when the Wood 
River overflowed its banks following a rainfall of over 10 inches. The 
Wood River inundated the City of Grand Island, killing three people and 
damaging approximately 1,800 buildings. In 2004 a levee and diversion 
channel were constructed to protect the City of Grand Island from high 
flows in the Wood River. This system was put to the test in 2005 when 
it successfully protected the City of Grand Island.
    In 2005 a severe thunderstorm dropped 11 inches of rain near the 
City of Wood River, resulting in a flash flood and the evacuation of a 
dozen homes. It was estimated that every structure in the City of Wood 
River sustained some sort of storm or flood damage following the event. 
In total, the 2005 flash flood caused $10 million in damages.
    The Wood River Watershed experienced severe flooding in 2019 during 
a bomb cyclone event in March, and then later flooding in July. In the 
City of Wood River, more than 350 homes were flooded in March 2019, 
with almost 60 of those having some sort of structural damage. In the 
City of Gibbon, the Wood River crested at a record high of 17.4 feet on 
March 14, 2019. This resulted in much of Gibbon being flooded both 
north and south of Highway 30.

Preliminary Proposed Action and Alternatives

    The proposed action may include a variety of measures that will 
meet the purpose and need of reducing flood risk and damages to the 
Wood River Watershed. These measures may be both structural and non-
structural, including channel widening, construction of diversion 
channels, construction of levees, construction of detention cells, 
stream restoration and construction of wetlands, installation of upland 
conservation measures, construction of dams, property acquisition and 
demolition, property relocation, floodproofing of structures, 
floodplain regulation and zoning, and interior drainage or storm sewer 
system improvements.
    The EIS objective is to formulate and evaluate alternatives for 
flood prevention or flood damage reduction in the Wood River Watershed. 
Preliminary investigation has determined that one or a combination of 
the following alternatives are the most likely to be effective and 
should be considered for further evaluation:

Proposed Action Alternative 1: Diversion Channel

    This alternative involves the construction of a new diversion 
channel combined with berms to intercept and re-route high flows from 
the Wood River south to the Platte River. West of Gibbon, there is a 
location where the Wood River meanders nearly adjacent to Highway 30. 
This would be an optimum location to divert flood waters to the south, 
underneath Interstate 80, and into the Platte River. A diversion 
channel of this size would entail excavating a new, properly sized 
channel approximately 20,000 feet in length and lined on both sides by 
berms to retain flows within the channel. The diversion channel would 
need to cross Highway 30, the Union Pacific Railroad, and both the 
eastbound and westbound lanes of Interstate 80, to reach the Platte 
River. This alternative would be effective at reducing flood risk for 
Gibbon and all other downstream communities impacted by the Wood River.

Proposed Action Alternative 2: Levees

    A levee running adjacent and through the north end of Gibbon 
directly south of the Wood River would potentially protect the 
community from flood waters overflowing the southern bank of the Wood 
River. The levee would need to be approximately 7,200 feet long and tie 
into the Highway 30 embankment on both sides of Gibbon. Depending on 
the level of protection, the levee would range from approximately 5 to 
10 feet tall. Currently, the levee is sized to protect Gibbon from the 
50-year event. A higher level of protection is possible, but would 
require raising the Highway 30 grade where the levee ties in. A closure 
section between the Union Pacific Railroad and Highway 30 embankment 
might also be needed to keep water from flowing in the ditch. 
Constructing a levee along the north side of Gibbon between existing 
housing structures and the industrial processing facility would be 
challenging. It would require property acquisition and demolition. The 
final footprint of the levee can be adjusted based on real estate or 
property issues.
    A levee on the north side of Wood River would protect the city from 
flooding up a selected level of design. Currently, the proposed Wood 
River north levee will protect the city from a 50-year event. This 
levee would be 8 to 10 feet tall and tie into the Highway 30 
embankment. The level of protection is

[[Page 8402]]

limited by the elevation of the Highway. Adding a grade raise to the 
highway where the levee ties in or continuing the levee south of the 
Highway could potentially increase the level of projection up the 100-
year flood event. Further analysis and modeling are needed to properly 
locate and size this levee.

Proposed Action Alternative 3: Detention Cells

    This alternative includes surface storage located south of the City 
of Wood River and Highway 30. The subbasins to the south of Highway 30 
flood primarily agricultural land with shallow overland flow. These 
flows eventually combine with the main channel of the Wood River south 
of Alda. These subbasin flows contribute to some shallow flooding along 
the entire southern extent of the Lower Wood River Watershed. There is 
ample room for detention storage south of Wood River, just north of 
Interstate 80. This would lower peak flows when the main channel 
combines near Alda and provide flooding relief for agricultural lands. 
It is possible to lower the level of protection by reducing storage, 
which could dramatically reduce construction costs. Optimizing the size 
and locations of this alternative to determine optimum economic benefit 
needs to be performed. This includes determining if this option is 
beneficial with different combinations, and the optimal location and 
configuration of a detention cell along with flow paths. The detention 
cell would also have the potential for environmental benefits, such as 
habitat for threatened and endangered species.

Proposed Action Alternative 4: Single Dam or Multiple Dams

    This alternative consists of constructing one large dam or multiple 
dams in the Upper and Lower Wood River Watersheds along contributing 
subbasins to retain floodwaters and reduce flood risk in the downstream 
communities.

Summary of Expected Impacts

    Early agency scoping 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 these proposed 
alternatives. Potential realignment or raising of roads and railroads 
could occur, depending on the location of the proposed alternatives. 
The levees would impact several dozen property owners and businesses. 
The proposed action would reduce flood damage to structures and 
infrastructure in Gibbon and Wood River. Other actions, like the 
detention cells, may improve wildlife habitat.
    NRCS will coordinate with other federal agencies throughout the 
planning process to ensure the proper measures are being taken to avoid 
and minimize impacts before considering mitigation. Conservation 
measures will be considered to avoid and minimize environmental impacts 
by implementing best management practices.

Anticipated Permits and Authorizations

    The following permits and other 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 402 Permit: Project may require National 
Pollutant Discharge Elimination System Permit; and
     Dam Safety and Floodplain Permits: Local dam safety and 
floodplain permits may be required depending on the final alternatives 
selected.

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 as 
required by 40 CFR 1503.1, 1502.20, 1506.11, 1502.17, and 7 CFR 650.13. 
DEIS is anticipated to be complete and available for public review 
within 18 months of publication of this document. Once DEIS is 
completed, a Notice of Availability (NOA) will be published in the 
Federal Register and a public review period of 45 days will be 
provided. Comments on DEIS will be addressed in the Final EIS. A 
subsequent NOA will be published in the Federal Register indicating the 
availability of the Final EIS. A Final EIS is anticipated to be 
published within 5 months of completion of the public comment period 
for the DEIS. After a 30-day review period, the Record of Decision 
(ROD) will be signed by the decision maker and responsible federal 
official for the project, the NRCS Nebraska State Conservationist, Mr. 
Robert Lawson. The ROD will be made available to the public. Based on 
the analysis, NRCS will decide whether to provide financial assistance 
to the CPNRD to implement the preferred alternative identified in the 
Final EIS.

Public Scoping Process

    An initial public scoping meeting was held virtually via Microsoft 
Teams on August 18, 2020, to present the project and develop the scope 
of the draft environmental assessment. Scoping meeting presentation 
materials, including a video recording of the meeting, is available on 
the project website, along with project background information: https://tinyurl.com/3k6ukz7w.
    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.
    A second public meeting will be conducted after DEIS is completed. 
Comments received, including the names and addresses of those who 
comment, will be part of the public record. The date, time, and 
locations of future scoping meetings will be announced on the project 
website, the sponsor's website, Nebraska NRCS social media, and 
published in the local newspaper.

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 Wood 
River Watershed Project 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 a public scoping 
meeting.
    NRCS will coordinate the scoping process to correspond with any 
required National Historic Preservation Act (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 National Environmental Policy Act (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

[[Page 8403]]

properties, will be given due consideration.

Authorities

    This document is published as required by the 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 NEPA section 
102(2)(C); 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 Programs

    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.

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.
    Individuals 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 dial 711 for 
Telecommunicaions Relay Service (both voice and text telephone users 
can initiate this call from any phone). 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.

Robert D. Lawson,
Nebraska State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2023-02779 Filed 2-8-23; 8:45 am]
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