[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59865-59868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18688]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2023-0011]
Notice of Intent To Prepare an Environmental Impact Statement for
the Lower Little Tallapoosa River Watershed Carroll County, Georgia
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) Georgia
State Office, announces its intent to prepare a watershed plan and EIS
for the Lower Little Tallapoosa River 25A (also commonly known as
Indian River), located in Carroll County on Indian Creek approximately
5 miles upstream of its confluence with Turkey Creek and approximately
14 miles northwest of Carrollton in the proximity of Bowdon, Georgia.
The proposed watershed plan will examine alternative solutions to flood
prevention and agricultural water management measures for the Carroll
County Water Authority (CCWA) service area. NRCS is requesting comments
to identify significant issues, potential alternatives, information,
and analysis relevant to the proposed action from all interested
individuals, Federal and State, agencies, and Tribes.
DATES: We will consider comments that we receive by October 16, 2023.
Comments received after close of the
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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 http://www.regulations.gov and search for docket ID NRCS-2023-0011. Follow the
online instructions for submitting comments; or
Mail or Hand Delivery: J. Tyler Coats, P.E., Associate,
Schnabel Engineering, LLC, 6445 Shiloh Road, Suite A, Alpharetta, GA
30005. In your comment, specify the docket ID NRCS-2023-0011.
All comments received will be posted without change and made
publicly available on www.regulation.gov.
FOR FURTHER INFORMATION CONTACT: Diane A. Guthrie; telephone: (706)
546-2310; email: [email protected]; or Andrea P. Gray: telephone
(678) 364-2384; email: [email protected]. 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 of the watershed plan is to provide flood
protection and damage reduction to meet current and future water
demands in CCWA's service area and a rural water supply for 180,000
acres, providing 15,662 acre-feet of surface water. 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).
The dominant land use of the watershed for the CCWA structure was
historically a combination of agriculture and woodlands which generally
remains unchanged today after more than 50 years, although some
development has occurred downstream of the structure. The proposed
Lower Little Tallapoosa River 25A project will address evaluating
alternatives that will maintain or improve the currently provided level
of flood protection and increase and maintain safe and reliable
supplies of water for agriculture management and the local community.
It will also increase water conservation and improve water delivery
efficiency in the Lower Little Tallapoosa Watershed, which has been in
use for nearly 50 years.
Development within the downstream breach zone has resulted in a
change in classification for the Lower Little Tallapoosa River 25A to a
high hazard structure. Due to changes in evaluation criteria, the dam
does not meet current safety and performance standards for the
integrity, stability, or capacity of a high hazard structure.
Additionally, the current watershed structure will reach the end of its
original 50-year design life in 2024 and needs to be brought into
compliance with modern dam safety criteria including the regulations
under the Georgia Rules for Safe Dams and NRCS TR-60 design criteria.
To meet the purpose of flood protection for the Lower Little
Tallapoosa Watershed, the existing structures will be replaced with a
new multipurpose structure to provide flood control and agriculture
water management. A Draft Supplemental Watershed Plan and Environmental
Assessment (EA) was prepared in 2021, which investigated and studied
possible solutions to address flood protection and agricultural water
management in the Lower Little Tallapoosa Watershed. As a result of the
new information obtained during the EA process, the level of analysis
this watershed project requires is more extensive than initially
anticipated. Estimated Federal funds required for the construction of
the proposed action may exceed $25 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
The objective of the EIS is to formulate and evaluate alternatives
for flood prevention and agricultural water management in the Carroll
County Water Authority service area. The EIS is expected to evaluate
two alternatives: one action alternative and one no action alternative.
The alternatives that may be considered for detailed analysis include:
Alternative 1--Proposed Action--Construction of a new watershed
dam: The Lower Little Tallapoosa Watershed Structure No. 25A will be
replaced with a new multipurpose structure to maintain or improve the
currently provided levels of flood control and provide agricultural
water management. This alternative would construct a new earthen
embankment with a maximum height of approximately 120 ft. The reservoir
area at normal pool will be 401 acres with a total storage volume of
5.1 billion gallons (at the top of dam). The structure will supply up
to 6 million gallons per day (MGD) of raw water to the Carroll County
Water Authority's service area. Inflows to the dam and reservoir will
be supplemented by pumping water from the Little Tallapoosa River.
Water will be withdrawn from the Little Tallapoosa River (in compliance
with the CCWA withdrawal permits) 0.5 miles downstream of its crossing
at Reavesville Road and pumped to the reservoir via a raw water
pipeline. The pipeline goes over approximately 9 miles primarily along
road right of ways to the reservoir. Raw water will be pumped to a new
water treatment plant adjacent to the reservoir.
Alternative 2--No Action: Taking no action would consist of
measures carried out if no Federal action or funding were provided. If
the existing structure continues to operate in its current condition,
it would be limited in its withdrawal capacity and will not be capable
of meeting the average daily water supply demand for the CCWA's service
area. The dam and spillway do not meet current requirements for high
hazard potential dams, and as such pose a threat to downstream life and
property if a significant hydrologic event occurs. The current
auxiliary spillway does not meet the current criteria for capacity and
does not have the required erosion resistance and integrity and could
experience significant damage or failure and breach in a storm event.
The No Action Alternative will not meet the Lower Little Tallapoosa
River 25A project's purpose and will serve as the baseline for
comparison with the action alternatives.
Summary of Expected Impacts
As mentioned above, the estimated Federal contribution to
construction cost will exceed $25 million. 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 action. CCWA and NRCS
evaluated the current Lower Little Tallapoosa Watershed Structure No.
25A infrastructure along with relevant resource concerns for each
proposed solution.
Environmental resources in the Lower Little Tallapoosa River 25A
project area consist of the natural and human-made environment.
Resource concerns to be
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identified and addressed in the Watershed Plan-EIS include Cultural and
Historic Resources; Land Resources and Prime Farmland; Geology and
Soils; Public Safety; Socioeconomics and Environmental Justice; Water
Resources; Vegetation and Invasive and Non-native Plant Species;
Wetlands and Riparian Areas; Fish and Wildlife and Fish Habitat; and
Special Status Species and 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. Implementation
of the proposed Federal action would require a CWA section 404 permit
from the U.S. Army Corps of Engineers. CCWA received a section 404
permit for the construction of the Indian Creek Reservoir on June 17,
2021.
CWA Section 401 Permit. The Lower Little Tallapoosa River
25A project would also require water quality certification under CWA
section 401 and permitting under CWA section 402 (National Pollutant
Discharge Elimination System Permit). CCWA received a section 401
certification on August 5, 2020.
Dam Safety and Floodplain Permit. Local dam safety and
floodplain permits will be required for construction and operation of
the dam.
Surface Water Withdrawal Permit. CCWA received the
required surface water withdrawal permits on November 2, 2021.
Georgia Department of Transportation Right of Way
Encroachment Permit. The proposed action will require a raw water
pipeline that may impact State Highway 100 and 166.
NHPA Section 106 consultation. Consultation with the
Georgia Historic Preservation Division, 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).
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 at
least 45 days as required by 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, 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 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 and decision maker for the NRCS is the
Georgie NRCS State Conservationist.
Public Scoping Process
CCWA held 7 public meetings between 2007 and 2017 as part of the EA
process for its section 404 permit and 5 additional meetings with NRCS
as part of the scoping process on May 23, 2018; July 16, 2018; March
28, 2019; August 1, 2019, and January 13, 2023. An additional public
scoping meeting was held on May 1, 2023. Comments received, including
the names and addresses of those who comment, will be part of the
public record. Comments submitted anonymously will be accepted and
considered. Scoping meeting presentation materials are available on the
watershed project website: www.indiancreekreservoir.com. The date,
time, and location for any future meetings will be announced on the
Lower Little Tallapoosa River 25A project website.
Federal, State, Tribal, local agencies and representatives, and the
public were invited to take part in this watershed plan scoping period
through which coordination, sought input on issues of economic,
environmental, cultural, and social importance in the watershed. CCWA
and NRCS organized the public scoping meeting to provide an opportunity
to review and evaluate the Lower Little Tallapoosa River 25A project
alternatives, express concern or support, and gain further information
regarding the Lower Little Tallapoosa River 25A project. To determine
the most viable alternatives to carry forward to the EIS, CCWA 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.
Identification of Potential Alternatives, Information, and Analyses
NRCS invites agencies, Tribes, consulting parties, and individuals
that have special expertise, legal jurisdiction, or interest in the
Lower Little Tallapoosa River 25A project to provide comments
concerning the scope of the analysis and identification of potential
alternatives, information, and analyses relevant to the Proposed Action
in writing.
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 Lower Little
Tallapoosa River 25A 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 NOI to issue an EIS (40 CFR 1501.9(d)).
Watershed planning is authorized under the Watershed Protection and
Flood Prevention Act of 1954, as amended, and the Flood Control Act of
1944.
Federal Assistance Programs
The title and number of the Federal Assistance Program as found in
the Assistance Listing \1\ to which this document applies is 10.904,
Watershed Protection and Flood Prevention.
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\1\ 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 Lower Little Tallapoosa River 25A
project 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,
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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.
Terrance Rudolph,
Georgia State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2023-18688 Filed 8-29-23; 8:45 am]
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