[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10079-10080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03268]



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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2023-0002]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Graveyard Wash Flood Retarding Structure Assessment, Graham County, 
Arizona

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) Arizona 
State Office announces its intent to prepare an EIS for the Graveyard 
Wash Flood Retarding Structure Assessment located within the Frye 
Creek--Stockton Wash Watershed in Graham County, Arizona. NRCS will 
examine alternative solutions through the EIS to bring the Graveyard 
Wash flood retarding structure (FRS) into compliance with current 
Federal and State standards. The EIS will also serve as the necessary 
environmental documentation for any cooperating agencies and contact 
with potential cooperating agencies will be initiated. 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 20, 2023. 
Comments received after close of 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-2023-0002. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: Jones and DeMille Engineering, 
Attn: Jenna Jorgensen, 1535 S 100 W, Richfield, UT 84701. In your 
comment, specify the docket ID NRCS-2023-0002.
    All comments received will be posted and made publicly available on 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Greg Wahl; telephone: (928) 864-5533; 
email: [email protected]. Individuals who require alternative means 
for communication should contact USDA Target Center at (202) 720-2600 
(voice).

SUPPLEMENTARY INFORMATION:

Purpose and Need

    The primary purpose for watershed planning is to preserve flood 
protection downstream of the Graveyard Wash FRS. Specifically, to 
reduce the risk of flooding to residences, commercial buildings, 
schools, the hospital, shopping centers, and agricultural areas, canals 
and irrigation systems, and transportation corridors (road and railway) 
in the Frye Creek--Stockton Wash Watershed in Graham County, Arizona. 
Watershed planning is authorized under 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).
    Recent assessments indicate that the dam and appurtenances do not 
meet current NRCS and Arizona Dam Safety standards. Action is needed to 
bring the dam and spillway facilities into compliance with current 
standards and to continue to protect property from flooding. Estimated 
Federal funds required for the construction of the proposed action 
(described below) would exceed $25 million and the proposed action will 
therefore require an EIS as specified in 7 CFR 650.7(a)(2).

Preliminary Proposed Action and Alternatives

    The Frye Creek--Stockton Wash Watershed-focused planning area is 
approximately 240 square miles. NRCS will provide technical and 
financial assistance for the proposed project (described below) through 
the NRCS Watershed Protection and Flood Prevention Program. NRCS will 
also design and implement a selected alternative. The EIS is expected 
to evaluate three alternatives: two action alternatives or no action 
alternative. The alternatives we intend to carry forward in the 
analysis are:
    Alternative 1--No Action: Taking no action would consist of 
activities carried out if no Federal action or funding were provided. 
The sponsor's course of action would be to bring the dam into 
compliance with Arizona Dam Safety requirements, but not necessarily 
NRCS standards.
    Alternative 2--Full Dam Rehabilitation with Structural Spillway 
Alternative (Proposed Action). The proposed action is to rehabilitate 
the dam to maintain flood prevention below the dam and to bring the dam 
into compliance with NRCS and Arizona Dam Safety standards for a 100-
year design life. Rehabilitation will consist of raising the embankment 
crest and lengthening the embankment to meet minimum design storm 
requirements. Segments of the embankment with unsuitable soils will be 
reconstructed. The principal spillway will also be lengthened, which 
may require reconstruction of the inlet, outlet, or both of the 
spillway. The existing auxiliary spillway will be replaced with a 
structural spillway and stilling basin designed to pass minimum design 
storm requirements and to improve flood protection for the 100-year 
storm event.
    Alternative 3--Full Dam Rehabilitation with Earthen Spillway 
Alternative. The proposed action is to rehabilitate the dam as 
described in Alternative 2. The difference will be the existing earthen 
auxiliary spillway will be reconstructed to a width of 400 feet, 
regraded, and reinforced as needed to pass minimum design storm 
requirements and to improve flood protection for the 100-year storm 
event.
    Also, the proposed action that would occur, any cooperating 
agencies could adopt this EIS as their NEPA.

Summary of Expected Impacts

    An NRCS evaluation of this federally assisted action indicates that 
proposed alternatives may have local, regional, or national impacts on 
the environment. Potential impacts include flood plain alteration due 
to the construction of a new dam. Potential realignment of roads or 
utilities could occur, depending on the chosen alternative. Long-term 
beneficial impacts will occur with flood protection mitigating loss of 
life and property within the community. An NRCS evaluation of this 
federally assisted action indicates that proposed alternatives may 
trigger NRCS cost share policies when the Federal share of the 
construction costs exceed $25 million dollars.

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 may 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 impacts will be finalized prior 
to final design and construction.
     CWA Section 401 Permit. The project may 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.

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     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).
     Endangered Species Act (ESA) Consultation. Consultation 
with the USFWS is being conducted as required by the Endangered Species 
Act of 1973.

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 as required by 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 6 
months after publication of this NOI; notices will also be published 
using local media outlets. A Final EIS is anticipated to be published 
within 4 months of completion of the public comment period for the 
Draft EIS.
    NRCS will 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 Keisha Tatem, Arizona 
State Conservationist.

Public Scoping Process

    Public scoping meetings were held virtually on April 20, 2022, when 
the project was being considered under an Environmental Assessment 
(EA). Public notice of the project and scoping meetings were 
distributed widely prior to the meetings. Scoping meeting presentation 
materials, including a video recording of the meeting, are available on 
the project website at https://graveyardwash.com/.
    The meeting consisted of a presentation on the PL-566 Program,\1\ 
the dam deficiencies, and the NEPA process, and included a question-
and-answer session. Public scoping meetings provide an opportunity to 
review and evaluate the project alternatives, express concern or 
support, and gain further information regarding the project. Comments 
received, including the names and addresses of those who comment, will 
be part of the public record.
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    \1\ NRCS manages the Watershed Protection and Flood Prevention 
Program (also known as Watershed Operations, Public Law 83-566, or 
just PL-566.
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Identification of Potential Alternatives, Information, and Analyses

    NRCS invites agencies, Tribes, and individuals who have special 
expertise, legal jurisdiction, or interest in the Frye Creek--Stockton 
Wash Watershed in Graham County, Arizona, to provide comments 
concerning the scope of the analysis and identification of potential 
alternatives, information, and analyses relevant to the Proposed Action 
in writing.

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 through 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 title and number of the Federal Assistance Programs, as found 
in the Assistance Listing,\2\ to which this document applies is 10.904, 
Watershed Protection and Flood Prevention.
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    \2\ See https://sam.gov/content/assistance-listings.
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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 text telephone) or dial 
711 for Telecommunications 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.

Keisha Tatem,
Arizona State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2023-03268 Filed 2-15-23; 8:45 am]
BILLING CODE 3410-16-P