[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38861-38864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10064]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2024-0006]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Pleasant Creek Supplemental Watershed Plan in Sanpete 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 announces its intent to prepare an EIS for the Pleasant Creek 
watershed in Sanpete County, Utah. The proposed EIS will examine 
alternative solutions to address watershed structure rehabilitation, 
flood damage prevention and reduction, agricultural water management, 
water conservation, and public recreational efforts in Mt. Pleasant 
City and portions of unincorporated Sanpete County. The Pleasant Creek 
watershed includes Mt. Pleasant City; existing water resource 
facilities, including the Upper Debris Basin, Lower Debris Basin, the 
Surge Pond, and the Agricultural Reservoir; private agricultural land; 
and U.S. Forest Service-managed land in the upper watershed. 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 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.

[[Page 38862]]

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-2024-0006. 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-2024-0006.
    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 primary purpose for the supplemental watershed plan is to 
rehabilitate debris basins and holding ponds in the watershed to 
prevent flooding and reduce flood damage; improve agricultural water 
delivery, supply, and conservation; and provide public recreation 
opportunities. 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).
    This supplemental watershed plan is sponsored by Mt. Pleasant City 
and cosponsored by Pleasant Creek Irrigation Company and Twin Creek 
Irrigation Company. The proposed action is needed to address flood 
prevention in Mt. Pleasant City and portions of unincorporated Sanpete 
County and reduce flood damage now that existing facilities and 
infrastructure are beyond their useful design life. The existing 
facilities do not provide adequate flood protection for Mt. Pleasant 
City and surrounding areas and do not meet NRCS and Utah Dam Safety 
standards. The current pipe network for Mt. Pleasant City has aged and 
is in constant need of costly maintenance and repair. The system was 
installed in the 1980s, experiences significant water losses, and no 
longer functions effectively as a shared system for agricultural and 
residential irrigation users. Drought, city growth, water shortages, 
and operations and maintenance challenges have caused strain to the 
system. Pressure surges and pipe failure often occur during system 
filling operations and inadequate valving requires large segments or 
the entire system to be shut down for essential repairs.
    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 the 
regulation in 7 CFR 650.7(a)(2), an EIS is required for projects 
requiring congressional approval.

Preliminary Proposed Action and Alternatives, Including No Action

    The EIS objective is to formulate and evaluate alternatives for 
flood control and prevention, agricultural water management, and 
recreational opportunities in the approximately 84,180 acre Pleasant 
Creek watershed 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 conducted if no federal action or funding 
were provided. If the No Action Alternative is selected, the existing 
infrastructure would not be improved, and no capital investment would 
be required. Sediment would continue to accumulate and water storage 
volumes would continue to decrease. The existing water storage 
structures would continue to operate in their current condition, 
providing inadequate flood protection and overflow during large runoff 
events. The existing agricultural water infrastructure would continue 
to incur large water losses resulting in conflicts between agricultural 
and residential users. The existing infrastructure does not meet the 
purpose and need to prevent flooding; to reduce flooding risks; to 
improve agricultural water delivery, supply and conservation; or to 
provide recreational opportunities.
     Alternative 2--Proposed Action--Existing Structure 
Improvement Alternative: The proposed action would rehabilitate and 
enlarge the Upper Debris Basin for a total water storage capacity of 
840 acre-feet to provide additional flood protection capacity and 50-80 
days of irrigation water storage; decommission the Lower Debris Basin; 
rehabilitate the Agricultural Reservoir and Surge Pond to address 
current dam safety deficiencies and add dedicated irrigation water 
storage for residential secondary water users; construct a new 20 acre-
foot Twin Creek Irrigation Storage Reservoir to provide additional 
dedicated residential secondary water storage; replace the existing 
secondary irrigation water pipeline system within Mt. Pleasant City to 
separate residential secondary water and agricultural water; install 
meters on the agricultural and residential secondary water system for 
more accurate usage calculations and billing; and construct a day use 
recreational facility and trail for additional recreational 
opportunities.
     Alternative 3--Proposed Action--Twin Creek Reservoir 
Alternative: The proposed action would include the measures outlined in 
Alternative 2 and would also construct a new 1,000 acre-foot Twin Creek 
Flood Control and Storage Multi-Purpose Reservoir to manage floodwater; 
provide additional water storage; and assist in ongoing water 
conservation efforts. This proposed action would also replace the 
existing, deteriorated Agricultural Transmission Pipeline to provide 
reliable agricultural water supply and pipe the existing Northwest 
Irrigation Ditches to reduce water losses, decrease maintenance costs, 
and improve public safety.

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.
    Resource concerns for scoping were identified and categorized as 
relevant or not relevant to the proposed action. Mt. Pleasant City, 
Pleasant Creek Irrigation Company, Twin Creek Irrigation Company, and 
NRCS evaluated the current condition of watershed structures, flood 
risk, agricultural water management, water conservation efforts, and 
recreational opportunities in the Pleasant Creek watershed along with 
relevant resource concerns for each proposed solution. Environmental 
resources in the project area consist of the natural and man-made 
resources. Resource concerns to be identified and addressed in the 
Supplemental Watershed Plan-EIS include: wetland and channel 
alteration, disturbances to wildlife and riparian areas during 
construction, land use changes, and impacts to visual resources.

[[Page 38863]]

Anticipated Permits and Authorizations

    The following permits and authorizations are anticipated to be 
required:
     Dam Safety. Coordination with the State Engineer and the 
Utah Division of Water Rights would be required to ensure all 
development and engineering requirements for the design and 
construction of the Upper Debris Basin, Agricultural Reservoir and 
Surge Pond, and Twin Creek Reservoir are implemented.
     Stream Alteration Permit. The proposed action would 
require coordination and permits with the Utah Division of Water Rights 
for the proposed improvements.
     Federal Emergency Management Agency (FEMA) 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. Additionally, a Letter of Map Revision from FEMA would be 
required prior to construction.
     Clean Water Act (CWA) and National Pollutant Discharge 
Elimination System (NPDES). The proposed action may 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 
impacts to wetlands and Waters of the United States.
     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 Mt. Pleasant City and 
Sanpete 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 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 24 months after publication of 
this NOI. A Final EIS is anticipated to be published within 8 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 public scoping meeting was held on April 11, 2019. Comments 
received, including the names and addresses of those who commented, are 
part of the public record. Scoping meeting presentation materials were 
available for review and comment for 30 days from Thursday, March 28, 
2019, through Friday, April 26, 2019. The date, time, and location for 
a second meeting will be announced on the project website.
    Federal, State, Tribal, local agencies and representatives, and the 
public were invited to take part in the watershed plan scoping period. 
Mt. Pleasant City, Pleasant Creek Irrigation Company, Twin Creek 
Irrigation Company, 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, Mt. Pleasant City, Pleasant Creek Irrigation Company, Twin 
Creek Irrigation Company, and NRCS 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.
    NRCS will coordinate the scoping process to correspond with section 
106 of the NHPA (54 U.S.C. 306108), as allowed in the regulations 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 
Pleasant Creek Supplemental Watershed Plan to provide written comments 
concerning the scope of the analysis and identification of potential 
alternatives, information, and analyses relevant to the Proposed 
Action.
    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 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

[[Page 38864]]

print, audiotape, American Sign Language, etc.) should contact the 
responsible Agency or 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.

Travis Mote,
Acting Utah State Conservationist, Natural Resources Conservation 
Service.
[FR Doc. 2024-10064 Filed 5-7-24; 8:45 am]
BILLING CODE 3410-16-P