[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]
BILLING CODE 3410-16-P