[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38864-38866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10063]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2024-0003]
Notice of Intent To Prepare an Environmental Impact Statement for
the Wellsville Canyon Watershed Plan, Cache County, Utah
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) Utah State
Office, in cooperation with the U.S. Bureau of Reclamation (USBR), the
Environmental Protection Agency (EPA), and Cache Water District
(project sponsor), announces its intent to prepare an EIS for the
Wellsville Canyon Watershed Plan located within the Little Bear River
Watershed in Cache County, Utah. The proposed Wellsville Canyon
Watershed Plan will examine alternative solutions to provide flood
protection and conveyance infrastructure, reduce irrigation water loss,
enhance recreational facilities, and reduce erosion and nutrient
loading to the Little Bear River in Wellsville and Mendon cities and
portions of unincorporated Cache County. 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 received by June 7, 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-2024-0003. Follow the
online instructions for submitting comments; or
Mail or Hand Delivery: Derek Hamilton, Water Resources
Coordinator, USDA, NRCS, Utah State Office, 125 S State Street, #4010,
Salt Lake City, Utah 84138. In your comments, specify the docket ID
NRCS-2024-0003.
All comments received will be posted without change and made
publicly available on www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Derek Hamilton; telephone: (801) 524-
4560; 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 purpose of this watershed plan is to prevent or reduce
potential flooding in Wellsville, Mendon, and other unincorporated
areas of Cache County, Utah; to provide more reliable management of
agricultural water in the area; and to increase opportunities for
public recreation in the watershed. 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 Wellsville Canyon Watershed Plan will reduce flood risks and
improve public safety in the Wellsville Canyon watershed. It will
greatly reduce flooding concerns associated with intense rain-on-snow
and frozen ground events within the Wellsville Canyon Watershed Plan
project area. More dependable floodwater management will benefit homes,
businesses, agricultural fields, roads, and public utilities in the
Wellsville Canyon Watershed Plan project area.
The Wellsville Canyon Watershed Plan will implement improved
culinary and agricultural water conservation techniques in the
Wellsville Canyon watershed. A more efficient irrigation delivery
system within Mendon City and Wellsville City will help mitigate the
heavy seepage losses experienced by the current earthen canal
irrigation distribution systems. The Wellsville Canyon Watershed Plan
improvements will also reduce demand for the existing culinary water
systems within the watershed and capital expenditures to meet peak
summer irrigation demands.
The Wellsville Canyon Watershed Plan will address limited public
recreational facilities and opportunities within the Wellsville Canyon
watershed available for the growing population of Cache County.
Recreational improvements will provide residents with a higher quality
of life and will increase the public's well-being by providing new
opportunities for leisure and enjoyment.
Preliminary Proposed Action and Alternatives
The objective of the EIS is to formulate and evaluate alternatives
for the flood control, agricultural water management, and public
recreation needs in the approximately 70,845-acre Wellsville Canyon
Watershed-focused planning 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--No Action Alternative: Taking no action
would consist of activities carried out if no federal action or funding
were provided. This alternative would not address flooding into the
canals. The canals would continue to overtop during rain-on-snow
events, and flooding in the Wellsville Canyon Watershed Plan area would
continue. The canals would be maintained in their existing condition as
earthen channels, and irrigation conveyance within the communities of
Wellsville and Mendon would be unchanged. The additional recreational
access to Wellsville Reservoir would not be built, and erosion and
sedimentation from the alluvial plains above the canals would continue
unaltered under this alternative. The existing infrastructure
[[Page 38865]]
would continue to operate in its current condition and would not
improve flood control, conserve irrigation water, improve recreational
access, or reduce watershed erosion as described above. Residents would
continue to use culinary water for irrigation (that is, watering lawns
and gardens), putting stress on existing water supply and
infrastructure.
Alternative 2--Proposed Action--Pipe the Canals and
Improve the Lower Canal for Flood Flows: The proposed action is to
enclose the Wellsville-Mendon Canal (Lower Canal) and convey water
through piping in Wellsville and Mendon cities and part of
unincorporated Cache County, Utah. The existing Wellsville-Mendon Canal
would be improved with the addition of open channel overflow systems at
2900 South (Unincorporated Cache County) and 200 South (Mendon City).
This would be accomplished through a combination of conduits and
channels to convey floodwaters from the west side of Cache Valley
between Wellsville and Petersboro to the natural floodplain of the
Little Bear River east of the communities. This proposed action would
continue to divert the water for the Wellsville-Mendon Conservation
District from below Hyrum Reservoir at the existing diversion points.
This proposed action would enclose and pipe a portion of the Wellsville
Eastfield Canal beginning at the existing diversion at the base of
Hyrum Dam and passing through Hyrum and ending in unincorporated Cache
County, Utah. This proposed action would pressurize Wellsville City
Irrigation Company's irrigation system within Wellsville City and
within Mendon City's irrigation system managed by the Mendon North,
Mendon Central, Mendon South, Mendon Second North, and Greater Mendon
Irrigation companies. This proposed action would also install
regulating ponds to stabilize peak demands on the pressurized
irrigation systems. A new access ramp limited to non-motorized personal
watercraft would be constructed at Wellsville Reservoir for
recreational activities.
Alternative 3--Line the Canal and Improve the Lower Canal
for Flood Flows: All Wellsville Canyon Watershed Plan project measures
would be the same as Alternative 2 with the following exceptions.
Alternative 3 would line and increase the capacity of the Wellsville-
Mendon Canal (Lower Canal) to carry both irrigation and flood water
from the west alluvial plains between Wellsville and Petersboro in
Cache County instead of enclosing and piping. This would include the
reconstruction of the existing Murray Spring overflow structure and the
addition of overflow structures at 2900 South in unincorporated Cache
County and 200 South in Mendon City.
Summary of Expected Impacts
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.
An NRCS evaluation of this federally assisted action indicates that
the proposed alternatives may have significant local, regional, or
national impacts on the environment. Potential resource impacts include
alteration or disturbance of wetlands and riparian zones, disruptions
to wildlife, compaction or displacement of soils, and temporary
disturbances to air quality, migratory birds, transportation routes,
aesthetic resources, and water quality.
The proposed alternatives may have long-term environmental
benefits, such as reduction of long-term carbon emissions due to
pumping, improvement of public health and safety, increased
recreational opportunities, reduction of erosion and nutrient loading
into the Little Bear River, improved surface water quality, and
increased surface water quantity as a result of water conservation
measures. The proposed alternatives would minimize flooding by reducing
flood risks and flood damages from runoff, erosion, and sediment
deposition to areas downstream of the sub-basin, as well as improving
agricultural water management by reducing seepage losses. It would also
create new recreational opportunities for public use by providing
reservoir access for non-motorized personal watercraft.
Anticipated Permits and Authorizations
The following permits and other authorizations are anticipated to
be required:
Federal Emergency Management Agency Floodplain Development
Permit. Implementation of the proposed action would require
coordination with the local floodplain administrator and may require a
Floodplain Development Permit to ensure all development and engineering
requirements for construction within the Special Flood Hazard Areas are
implemented. The proposed action will require a Conditional Letter of
Map Revision (CLOMR) and a Letter of Map Revision (LOMR) since the
floodplain maps include the canal and flows from the benches in Zone A.
Clean Water Act (CWA) and National Pollutant Discharge
Elimination System (NPDES) Permits. The proposed action 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 Waters of the United States impacts.
Encroachment Permit. The proposed action would require
coordination and permitting with Utah Department of Transportation for
temporary construction work within State and federal roadway rights-of-
way.
Utah Pollutant Discharge Elimination System (UPDES)
Construction Permit. A construction permit would be required through
the UPDES.
Railroad Permits. The proposed action may require railroad
permits to allow for the right of entry and crossings of the railroad.
Stream Alteration Permit. The proposed action would
require coordination and permits with the Utah Division of Water Rights
for potential crossings of the Little Bear River and other natural
water ways.
National Historic Preservation Act (NHPA) Section 106.
Consultation with Tribal Nations and interested parties would be
conducted as required by the NHPA.
Local Encroachment. Consultation and potential
encroachment permits would be required with Wellsville City, Mendon
City, and Cache County for all construction work within the local
roadway rights-of-way.
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 21 months after publication of this
NOI. A Final EIS is anticipated to be published within 3 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 NRCS
is the Utah State Conservationist.
Public Scoping Process
A virtual scoping meeting was held on May 10, 2021, at 9:00 a.m.
MST. Scoping meeting presentation materials
[[Page 38866]]
are available on NRCS' website, along with Wellsville Canyon Watershed
Plan background information at https://www.nrcs.usda.gov/wellsville-mendon-watershed-sponsor-cache-water-district. The meeting included a
Wellsville Canyon Watershed Plan presentation followed by a group
question and answer period. Wellsville Canyon Watershed Plan team
members were also available to address individual questions. Comments
received, including the names and addresses of those who commented,
were part of the public record.
NRCS invited Federal, State, Tribal, local agencies and
representatives and the public to take part in the scoping period for
the Wellsville Canyon Watershed Plan. Based on funding limitations and
project scope, NRCS determined an EIS was necessary, and is seeking
further public comment to help determine the range of actions,
alternatives, and impacts to be evaluated and included in the EIS. NRCS
will include the comments received from the previous scoping efforts
into the EIS analysis.
NRCS will coordinate the scoping process to correspond with Section
106 of the NHPA (54 U.S.C. 306108), as allowed in 36 CFR 800.2(d)(3)
and 800.8.
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
Wellsville Canyon Watershed Plan to provide written comments concerning
the scope of the analysis and identification of potential alternatives,
information, analyses relevant to the Proposed Action.
The information about historic and cultural resources within the
area potentially affected by the proposed Wellsville Canyon Watershed
Plan 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 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 Wellsville Canyon Watershed Plan 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: (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.
Travis Mote,
Acting Utah State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2024-10063 Filed 5-7-24; 8:45 am]
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