[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 23963-23966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07291]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2024-0002]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Clarke County Water Supply Project, Clarke County, Iowa

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) Iowa State 
Office announces its intent to prepare a watershed plan for the Clarke 
County Water Supply project, which is located approximately 27.2 miles 
upstream of the confluence with the South River in the proximity of 
Osceola, Iowa. The proposed watershed plan will examine alternative 
solutions to the limited availability of a reliable water supply. The 
Clarke County Water Supply project includes the cities of Osceola, 
Murray, and Woodburn, Iowa, and the Clarke

[[Page 23964]]

County rural service area. 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 May 6, 2024. We 
will consider comments received after close of the comment period 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-2024-0002. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: Jon Hubbert, State Conservationist, 
Natural Resources Conservation Service, 210 Walnut Street Room 693, Des 
Moines, IA 50309. In your comments, specify the docket ID NRCS-2024-
0002.
    All comments received will be posted without change and made 
publicly available on www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jon Hubbert; telephone: (515) 284-
4769; 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 a reliable 
drinking water supply to meet current and future demands in Clarke 
County, Iowa. 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 
sponsoring local organization (SLO) is the Clarke County Reservoir 
Commission (CCRC) whose members are the cities of Osceola, Murray, and 
Woodburn, Iowa; Clarke County, Iowa; Osceola Water Works Board of 
Trustees; and Southern Iowa Rural Water Association (SIRWA).
    The study area includes all of Clarke County where the water supply 
is provided by the existing West Lake Reservoir. Osceola Water Works 
treats raw water from West Lake, which is the sole water supply source 
reservoir. SIRWA purchases potable water from Osceola Water Works and 
distributes it to other users in Clarke County.
    This action is needed to address deficiencies in the agricultural 
water delivery system, which are having negative impacts on current 
public health and economic growth. Limited water supply can impact 
public health and safety due to the lack of safe drinking water and the 
lack of water supply for other public needs, such as firefighting. 
Quality of life for residents is impacted due to the potential for 
water use restrictions during droughts. Economic growth has been 
limited in the area because the supply is too limited to support new 
businesses. Additionally, future water demands are anticipated to grow, 
and the current supply will be increasingly insufficient.
    The reservoir at West Lake has insufficient storage during moderate 
to severe droughts. The reservoir has gone through substantial draw 
down during four drought periods over the last 40 years requiring 
various degrees of water restrictions. West Lake is in its third year 
with lake levels below the spillway and Clarke County remains in a 
moderate to severe drought. The remaining water supply in West Lake was 
estimated to be less than a year in October 2023. The water 
conservation ordinance has been increased to Section 3--Water 
Emergency.
    To meet the purpose of agricultural water supply for the Clarke 
County service area, a safe and reliable water supply with an average 
daily capacity of 2.0 million gallons per day is being requested. There 
is a long history of water supply investigations in Clarke County. The 
city of Osceola commissioned a study by an engineering firm in 1990 to 
evaluate West Lake. The result of the study showed that West Lake would 
not meet the projected water supply demand. At the request of local 
officials, USDA Soil Conservation Service conducted a study of six 
potential sites and published the results in a report titled, 
``Reconnaissance Report: Potential Water Supply Reservoirs, City of 
Osceola and Rural Users, Clarke County, Iowa'' (1991). Local sponsors 
made requests for PL-566 planning assistance in 1992 and 1996, however 
funding for pre-authorization planning activities was not available on 
either occasion. Two other studies, one in 1996 and the other in 1999, 
were conducted evaluating alternative water supply sources and the 
potential for increasing yield from West Lake. In 2002, the Osceola 
Water Board of Trustees, rural users, and other sponsoring bodies 
organized and formed a 28E organization to become the CCRC. The CCRC 
requested planning assistance from NRCS in 2003 which was authorized 
late in 2004.
    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 Consolidated 
Appropriations Act, 2018 amended funding threshold. In accordance with 
the regulation in 7 CFR 650.7(a)(2), an EIS is required for projects 
requiring congressional approval.

Preliminary Proposed Action and Alternatives

    The EIS objective is to formulate and evaluate alternatives for the 
agricultural water supply in the Clarke County service area. The 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--Water Supply Reservoir: 
The proposed action is to evaluate a water supply reservoir developed 
with a dam at site 4B, which would include an earthfill embankment dam 
with reinforced concrete pressure pipe spillway and vegetated auxiliary 
spillway. The proposed project would also include a 6-mile water supply 
pipeline to transport water from the reservoir to the water treatment 
plant. The dam construction and inundated area would require the 
relocation of a segment of a local road (Truro Pavement). The normal 
pool (at 1001 foot elevation) would inundate 790 acres. The maximum 
height of the dam would be 58 feet. The reservoir has 11,030 acre-feet 
of storage and a design withdrawal capacity of 2.0 million gallons per 
day on an average daily basis during drought conditions, which would 
meet the need of the project.
     Alternative 2--Proposed Action--Single Purpose Water 
Supply Pipeline: The proposed action would evaluate purchasing water 
from Des Moines Water Works. This alternative would require a one-time 
construction cost to install of 20-inch diameter pipeline 38.5 miles 
long from the Des Moines Waterworks to the City of Osceola, and a 
booster station in between. A buy-in fee would be part of the start-up 
cost for service. Monthly rates and fees for treated water use would 
apply over the life of the project. The proposed action would be able 
to provide 2.0 million gallons per day on an average daily basis during 
drought conditions which would meet the need of the project.

[[Page 23965]]

     Alternative 3--No Action Alternative: Taking no action 
would consist of activities conducted if no federal action or funding 
were provided. If the No Action Alternative is selected water supply 
limitations would continue to impact residents of Clarke County quality 
of life, public health and safety, and future economic growth. No 
federal action or funding would be associated with the No Action 
Alternative.

Summary of Expected Impacts

    As mentioned above, the estimated Federal contribution to 
construction cost will exceed $25 million. The 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.
    CCRC and NRCS evaluated the current relevant project conditions 
with early scoping and a preliminary conceptual design, which indicates 
that the proposed alternatives may have local, regional, or national 
impacts on the environment. The impacts may include: dam structure and 
inundation from the reservoir; temporary and adverse impacts from 
construction activities; and permanent beneficial impacts from adequate 
drinking water supply. NRCS will coordinate with the appropriate 
federal agencies throughout the planning process to minimize impacts, 
and consider mitigation.
    Potential effects include the following:
     soils;
     prime and unique farmland;
     land use;
     water resources, including wetlands, streams, and water 
quality;
     floodplains;
     terrestrial and aquatic wildlife, including threatened and 
endangered species and those included under the Migratory Bird Treaty 
Act;
     cultural resources and historic properties;
     public health, safety, and transportation; and
     social and economic conditions.
    Long-term beneficial effects would occur with an increase in 
agricultural water supply.

Anticipated Permits and Authorizations

    The following permits and authorizations are anticipated to be 
required:
     Clean Water Act (CWA) and National Pollutant Discharge 
Elimination System (NPDES). The project would require water quality 
certification under Section 401 of the CWA, permitting under Section 
402 of the NPDES, and Section 404 of the CWA for potential wetland 
impacts.
     Endangered Species Act Section 7. NRCS and CCRC are 
currently developing a Biological Assessment (BA) to support ESA 
Section 7 consultation with the U.S. Fish and Wildlife Service.
     National Historic Preservation Act (NHPA) Section 106. 
Consultation with Tribal Nations and interested parties would be 
conducted as required by the NHPA.
     National Flood Insurance Program. A Letter of Map 
Revision/Conditional Letter of Map Revision would be required from the 
Federal Emergency Management Agency.
     Dam Safety and Floodplain Permit. Local dam safety and 
floodplain permits will be required for construction and operation of 
the dam from the Iowa Department of Natural Resources (IDNR) as 
required in Iowa Administrative Code (IAC) 567.
     IAC, Environmental Protection Commission 567, Chapter 43, 
Water Supplies--Design and Operation. Water Supply Storage, Water Use, 
and Construction Permits must be obtained from IDNR Water Supply 
Engineering Section for the Reservoir, Intake and Pipeline. 
Requirements must be met for the Water Allocation and Use program, 
including a Water Use Permit. Construction standards for public water 
supplies must be met as set forth under IAC 567, Chapter 43.
     Review and acceptance of Final Engineering Plans and 
Specifications. The final design and construction drawings and 
specifications must be reviewed and approved by IDNR and NRCS prior to 
implementation. Using the NRCS National Operation and Maintenance 
Manual (O&M), an O&M plan will be prepared.
     Development--Conditional Use Permit, Grading Permit, 
Utility Permit, and Entrance Permit. These are all local permits that 
must be obtained from Clarke 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 as required by the regulations in 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 action 
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 Iowa NRCS State Conservationist.

Public Scoping Process

    A public scoping meeting was held on August 19, 2021. Comments 
received, including the names and addresses of those who commented, 
were part of the public record. Scoping meeting presentation materials 
were available for review and comment for 30 days from Thursday, August 
19, 2021, through Saturday, September 18, 2021.
    Federal, State, Tribal, local agencies and representatives, and the 
public were invited to take part in the watershed plan scoping period 
through which coordination sought input on issues of economic, 
environmental, cultural, and social importance in the watershed. CCRC 
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, the 
CCRC 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 
who have special expertise, legal jurisdiction, or interest in the 
Clarke County Water Supply 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 the regulations 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 the regulations in 36 CFR 800.2 and 
800.3, Executive Order 13175, and other policies. Tribal concerns, 
including

[[Page 23966]]

impacts on Indian trust assets and potential impacts to cultural 
resources and historic properties, will be given due consideration.

Authorities

    This document is published as specified by the NEPA regulations 
regarding publication of an 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 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 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.

Jon Hubbert,
Iowa State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2024-07291 Filed 4-4-24; 8:45 am]
BILLING CODE 3410-16-P