[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89656-89659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28592]


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

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2023-0018]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Rattlesnake Creek Watershed Plan, in Stafford, Pratt, Rice, Reno, 
and Edwards Counties, Kansas

AGENCY: Natural Resources Conservation Service, USDA.

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

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

SUMMARY: The Natural Resources Conservation Service (NRCS) Kansas State 
Office in cooperation with U.S. Army Corps of Engineers (USACE), U.S. 
Fish and Wildlife Service (USFWS), Environmental Protection Agency 
(EPA), Kansas Department of Health and the Environment (KDHE), Kansas 
Department of Agriculture (KDA), and Big Bend Groundwater Management 
District 5 (GMD-5) (project sponsor), announces its intent to prepare a 
watershed plan and EIS for the Rattlesnake Creek Watershed Plan, in 
Stafford County, KS. The proposed watershed plan will examine 
alternative solutions for GMD-5 to provide agricultural water 
management measures to Rattlesnake Creek and Quivira National Wildlife 
Refuge (NWR). 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 February 12, 2024. 
Comments received after close of the 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-2023-0018. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: Larry Schieferecke, Kansas State 
Conservation Engineer, USDA, NRCS, Kansas State Office, 760 South 
Broadway Boulevard, Salina, Kansas 67401-4604. In your comments, 
specify the docket ID NRCS-2023-0018.
    All comments received will be posted without change and made 
publicly available on www.regulation.gov.

FOR FURTHER INFORMATION CONTACT: Larry Schieferecke; telephone: (785) 
823-4534; 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 for long-
term, sustainable agricultural water management within the Rattlesnake 
Creek subbasin, including project components to address the impairment 
at Quivira NWR. GMD-5 has been awarded federal funding from NRCS 
through the Watershed Protection and Flood Prevention Act (Pub. L. 83-
566, 16 U.S.C. 1001-1008--referred to as PL-566 in this document) to 
provide for long-term, sustainable agricultural water management within 
the Rattlesnake Creek subbasin of GMD-5, including project components 
to help address the impairment at Quivira NWR. The project is essential 
for the Quivira NWR's ongoing senior water right impairment (as 
described below), and the importance of groundwater to the agricultural 
economy. The sustainability of Quivira NWR relies on surface water 
diversions that the KDA Division of Water Resource (KDA-DWR) has deemed 
impaired due to junior groundwater pumping. A predictable and 
consistent source of water is also required to support the region's 
agricultural economy. Providing long-term agricultural water management 
for the region would help provide water resources for both the 
agricultural economy and help remedy Quivira NWR's impaired senior 
water right.
    A project will be developed through the preparation of the EIS that 
would assure a water supply for Quivira NWR while considering and 
minimizing economic impacts to the surrounding agricultural economy. In 
the state of Kansas, the use of water is monitored and regulated by 
KDA-DWR. Individuals that use the state water resources for any purpose 
other than domestic use is required to obtain a permit, or ``water 
right.'' The state regulates the water use under the prior 
appropriation doctrine, which provides priority access to individuals 
with older (or senior) water rights during water shortages as opposed 
to individuals with newer (or junior) water rights. The

[[Page 89657]]

state does not guarantee the availability of a certain amount of water. 
The water right holder is entitled to the authorized amount while 
considering seniority and the natural availability of water and 
entitled to divert water at times when it is most beneficial. 
Impairment could still occur because sufficient water is unavailable 
when the water is most beneficial, even though it is available on an 
annual basis. The 22,135 acre Quivira NWR is located at the 
northeastern end of the subbasin and Rattlesnake Creek flows through 
the refuge before discharging into the Arkansas River. The USFWS holds 
Water Right File Number 7,571 for the management of Quivira NWR. This 
water right, which is senior in priority to approximately 95 percent of 
all other water rights in the Rattlesnake Creek subbasin, has been 
impaired frequently over the past 20 years as determined by the KDA 
Chief Engineer.
    Surface water and groundwater are essential resources to the 
central Kansas economy and environment. Management of the Rattlesnake 
Creek subbasin and its interrelated water resources has been difficult 
and complex because it involves administration of multiple users of a 
limited resource. The resource is relied upon for ecosystem 
sustainability (through management of surface water at the Quivira NWR; 
Recreational use) and for irrigated agriculture (through groundwater 
pumping), all of which are of equal importance in Kansas. To regulate 
water use, the state of Kansas uses a system of water rights, which 
dictates when and how much water may be diverted by users.
    GMD-5 can assist the state of Kansas with the management of 
groundwater through various options. KDA-DWR has determined that 
surface water flows have been insufficient to support management 
practices at Quivira NWR during certain years and periods within those 
years because of the reductions in streamflow caused by groundwater 
use. Finding an agreeable solution that balances the needs of the 
Quivira NWR while limiting impacts to agriculture has been challenging.

Preliminary Proposed Action and Alternatives

    The objective of the EIS is to formulate and evaluate alternatives 
for agricultural water needs and augmentation of wellfield and 
associated pipeline of water to Rattlesnake Creek upstream of Quivira 
NWR. This EIS is expected to evaluate three alternatives: two action 
alternatives, and one no action alternative. The alternatives that may 
be considered for detailed analysis include:
     Alternative 1--Proposed Action--Augmentation Wellfield and 
Groundwater Use Reduction Alternative: The proposed action is to 
construct an augmentation wellfield and associated pipeline that 
provides 15 to 18 cubic feet per second (cfs) of water to Rattlesnake 
Creek upstream of Quivira NWR. Additionally, 2,500 acres of targeted 
water right retirements and compensated conservation measures would be 
implemented. Finally, the proposed action would implement a multi-
stakeholder adaptive management approach that would evaluate the 
success of the augmentation wellfield, water right retirements, and 
compensated conservation measures on an annual basis, and decrease 
pumping or increase groundwater retirements as needed to meet the 
Quivira NWR management goals and objectives.
     Alternative 2--No Action Alternative: Taking no action 
predicts USFWS, the senior water right holder in the basin, will file a 
request to secure water with KDA-DWR for the impairment finding to the 
Quivira NWR if the project were not authorized and implemented under 
the PL-566 program. KDA-DWR would then administer the water right 
consistent with Kansas Statutes Annotated 82a-706b, which would 
restrict junior water right irrigation within the basin for irrigated 
crops. The decrease in irrigation will have severe negative effects to 
the local agricultural economy and agricultural producers due to 
decreased crop yields.
     Alternative 3--Groundwater Use Reduction Alternative: The 
groundwater use reduction alternative would rely solely on reductions 
in groundwater use without development of an augmentation wellfield to 
increase Rattlesnake Creek streamflow. The groundwater use reduction 
alternative would incorporate the establishment of either a local 
enhancement management area (LEMA) or an intensive groundwater use 
control area (IGUCA). Either a LEMA or an IGUCA would implement 
measures to reduce groundwater use to avoid an impairment to the senior 
water right held by the USFWS. This alternative would allow GMD-5 to 
develop or initiate groundwater reduction measures prior to KDA-DWR 
enforcement; whereas the no-action alternative could potentially lead 
to water enforcement activities that are determined by KDA-DWR.

Summary of Expected Impacts

    The following affected environment categories had the largest 
comparative difference and are heavily weighted in the proposed action 
alternative selection process.
     Aquifers and Sole Source Aquifers;
     Environmental Justice and Socioeconomic Status;
     Surface Water Resources and Water Quality; and
     Riparian Area.
    All three alternatives have beneficial impacts to Rattlesnake Creek 
and Quivira NWR. The modeling data shows that all three alternatives 
will meet USFWS's water right. However, the Augmentation Wellfield and 
Groundwater Use Reduction Alternative would have the most immediate 
beneficial impact to Rattlesnake Creek and Quivira NWR following 
construction of the augmentation wellfield. Additionally, the Quivira 
NWR water needs would be met by engaging the augmentation wellfield 
pumps rather than relying on rainfall and climate conditions.
    The No Action and Groundwater Use Reduction alternatives both 
resulted in a reduction in irrigation pumping that provides beneficial 
impacts outside of Rattlesnake Creek and Quivira NWR that include 
benefits to the local aquifer, surface water resources, and riparian 
areas. The reduction in irrigation pumping that causes an increase in 
Rattlesnake Creek flow and available water to Quivira NWR results in 
benefits to the local aquifer, and in effect, the surrounding streams, 
wetlands, and riparian areas. These effects benefit fish and wildlife 
resources including wildlife habitat and potentially threatened and 
endangered species outside of Quivira NWR. The human environment is 
improved by having a diversity of species and increased water resources 
in a relatively dry climate.
    Though the Augmentation Wellfield and Groundwater Used Reduction 
Alternative includes a reduction in irrigation pumping (2,500 acre-feet 
per year), the primary water source is augmentation wellfield pumping. 
There are minimal beneficial impacts to areas outside Rattlesnake Creek 
and Quivira NWR compared to the No Action and Groundwater Use Reduction 
alternatives.
    Under the No Action and Groundwater Use Reduction alternatives, the 
reduction in irrigation pumping comes at a significant cost to the 
regional economy and has a negative impact on low-income populations. 
In summary, the analysis showed the following for each alternative 
based on different crop scenarios:

[[Page 89658]]

     No Action Alternative: Net farm income under this 
alternative would decrease between $6.1 million and $12.1 million, 
annually, as compared to existing conditions.
     Augmentation Wellfield and Groundwater Use Reduction 
Alternative: Net farm income under this alternative would increase 
between $6.0 million and $11.8 million annually, relative to the No 
Action Alternative and would decrease between $0.1 million and $0.3 
million annually, as compared to existing conditions.
     Groundwater Use Reduction Alternative: This alternative 
would lead to a reduction in net farm income of between $586,000 and 
$788,000 annually, relative to the No Action Alternative and would be a 
decrease of $5.5 million and $11.3 million annually, as compared to 
existing conditions.

Anticipated Permits and Authorizations

    The following permits and authorizations are anticipated to be 
required:
     Clean Water Act Section 404. A Clean Water Act section 404 
permit must be obtained from the USACE to account for fills within 
jurisdictional waters of the United States (WOTUS). If needed, GMD-5 
will obtain a Clean Water Act section 404 permit prior to construction.
     Endangered Species Act Section 7. GMD-5 is currently 
developing a Biological Assessment (BA) to support ESA section 7 
consultation with the USFWS.
     National Historic Preservation Act (NHPA) Section 106. A 
Cultural Resources Inventory Report will be prepared and submitted to 
the Kansas State Historic Preservation Office (SHPO) for concurrence. 
Based on results in the report, the Kansas SHPO will make a 
determination on whether the project may affect cultural resources that 
are either listed on or eligible for listing in the National Register 
of Historic Places (NRHP).
     State Sensitive Species. GMD-5 will consult with the 
Kansas Department of Wildlife and Parks (KDWP) for activities that may 
affect state threatened or endangered species. If needed, the KDWP is 
required to issue special action permits for activities that may affect 
these species or state-designated critical habit.
     National Pollutant Discharge Elimination System and Storm 
Water Pollution Prevention Plan. A construction site discharge permit 
(NPDES) is required by the KDHE on behalf of the EPA if a construction 
site footprint is greater than 1 acre. Construction of the Proposed 
Action would involve more than 1 acre of disturbance; therefore, a 
Stormwater Pollution Prevention Plan (SWPPP) will be developed to 
minimize pollution from soil erosion and other sources during 
construction.
     Construction Permits. Any construction permits required 
from Stafford County will be obtained prior to construction.

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 
Kansas NRCS State Conservationist.

Public Scoping Process

    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.
    An open house public meeting was held January 13, 2022, from 4-6 
p.m. in the Community Room at the Stafford County Annex in St. John, 
Kansas. The purpose of the meeting was to share information about the 
watershed planning process and to gather feedback from the public on 
how to improve agricultural water supply and fish and wildlife habitat 
within the Rattlesnake Creek Watershed in Stafford County. 
Approximately 31 people signed into the meeting.
    Public notices advertising the meeting were published in the Great 
Bend Tribune, Hutchinson News, Stafford Courier, Pratt Tribune, and 
Saint John News newspapers. Postcard invitations were sent to 
approximately 775 citizens and other interested parties near the 
proposed project area. A meeting notice was also published on the GMD-
5's website.
    Information shared at the meeting included the project background 
and location, project purpose and need, description of the purpose of 
and process for developing a watershed plan, environmental 
considerations within the project area, organizational information 
about the NRCS and GMD-5, and methods for providing public input. Draft 
scoping information and an executive summary were also provided at the 
meeting.
    The project team received 11 comments during the specified 30-day 
comment period (December 29, 2021, through January 31, 2022).

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 
Rattlesnake Creek Watershed 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 Rattlesnake Creek 
project will assist NRCS in identifying and evaluating impacts to such 
resources in the context of both the 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 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.
---------------------------------------------------------------------------

    \1\ See https://sam.gov/content/assistance-listings.

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

[[Page 89659]]

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 Rattlesnake Creek 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, 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 
the 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: (1) mail to: U.S. Department of 
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 
Independence Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-
7442; or (3) email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Kristin Ethridge,
Kansas Acting State Conservationist, Natural Resources Conservation 
Service.
[FR Doc. 2023-28592 Filed 12-27-23; 8:45 am]
BILLING CODE 3410-16-P