[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Notices]
[Pages 50551-50554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13062]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2024-0011]
Notice of Intent To Prepare an Environmental Impact Statement for
the Lower Bear River Watershed Plan in Box Elder 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 Lower Bear River
[[Page 50552]]
Watershed Plan in Box Elder County, Utah. The proposed EIS will examine
alternative solutions to address agricultural water management, prevent
flooding, protect the watershed, and enhance recreational opportunities
in Tremonton, Elwood, Bear River City, Garland, and portions of
unincorporated Box Elder County. The Lower Bear River Watershed
includes small cities and towns, existing irrigation and municipal
water resource infrastructure, U.S. Forest Service-managed land in the
upper watershed, and wetlands associated with the Great Salt Lake
(GSL). 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 July 15, 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-2024-0011. 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-2024-0011.
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 EIS is to protect the Lower Bear River
Watershed in Box Elder County, Utah by providing management options to
secure the agricultural water supply, developing secondary water
systems for growing communities with limited water resources, reducing
potential for flood damage in previously flooded areas, and enhancing
recreational opportunities for the community. 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 watershed plan is cosponsored by the Bear River Water
Conservancy District and the Bear River Canal Company. The proposed
action is needed to address deficiencies in the agricultural water
delivery system in the area by improving the reliability and efficiency
of water delivery. Canal improvements, diversion and headgate
automation, and secondary water systems are needed for sustainability
and reliability within the watershed.
Floodwater improvements, including piping and trenching to route
flows and ponds and control gates to detain and release flows, are
needed to reduce damage to farms, homes, roadways, businesses, and
industry.
Improvements such as levee construction, sediment removal, delivery
system automation, and bank stabilization are needed to reduce
flooding, erosion, sediment, and agriculture-related pollution and
enhance wetlands and wildlife habitat.
Additionally, trails are needed to enhance recreational
opportunities to bike or walk within areas of the watershed.
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
agricultural water management, flood control and prevention, watershed
protection, and recreational opportunities in the 249,572 acre Lower
Bear River 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 Hammond
Main and West Canals would not be improved. Irrigators would likely
have more periods without water to irrigate crops as repairs would be
needed to address periodic canal failures. Water shortages would lead
to associated crop and related economic losses. Communities within the
watershed would need to restrict growth. Property owners would need to
plan for periodic flooding of their properties and be prepared for the
cleanup and repairs associated with that flooding. Managers of
waterfowl habitat areas would need to remove sediment from key water
holding areas periodically and would not be able to deliver water where
it is needed in areas where levees are failing. The existing structures
would continue to operate in their deteriorating condition and would
not meet the purpose and need of agricultural water management
improvement, flood prevention, watershed protection, or enhancement of
recreational opportunities.
Alternative 2--Proposed Action--Combine Canals
Alternative. The proposed action would combine the Bear River Canal
Company's Hammond Main Canal into the West Main Canal through the
canyon area to reduce the breach risk and improve delivery
efficiencies. The West Canal would be improved by installing box
culverts through the canyon and would require siphoning water across
the Bear River. This alternative would also install automation and
telemetry to existing irrigation canal head gates, pipe the Highland
Ditch and other canals to improve water delivery near the ends of
canals, construct agricultural water equalization ponds, and construct
secondary water systems within Tremonton, Elwood, Bear River City, and
Garland. Additionally, to address flood concerns, this alternative
would install flood control channels and ponds around Tremonton,
construct a flood control pond in the Bothwell Pocket, and improve a
spillway along the Malad River. To protect the watershed by reducing
floodwaters, erosion, and sediment, and improving habitat near the GSL,
the proposed action would improve levees, dikes, and banks along
waterways near the GSL and the Bear River Migratory Bird Refuge and
construct a sediment basin at Salt Creek. This alternative would also
construct a recreational trail along the railway and an existing canal
alignment through Tremonton to provide recreational opportunities.
Alternative 3--Reasonable Alternative--Hammond Main and
West Main Canal Improvement Alternative. The alternative would enclose
the Bear River Canal Company's Hammond Main and West Main Canals
through the canyon to reduce the breach risk and
[[Page 50553]]
improve delivery efficiencies and would not require siphoning water
across the Bear River. Besides the Hammond Main and West Main Canal
improvements and associated actions, the remainder of agricultural
water improvements (i.e., automation and telemetry installation,
Highland Ditch and other canal piping, secondary water systems
construction, etc.) and all flood control, watershed protection, and
recreation improvements would be the same as in Alternative 2.
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. The Bear River Water
Conservancy District, the Bear River Canal Company, and NRCS evaluated
the current condition of the Lower Bear River 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
Watershed Plan-EIS include wetland and channel alteration, potential
disturbances to wildlife, and disturbances to riparian areas. Long-term
beneficial effects would include more efficient irrigation delivery for
the agricultural system, water quality improvement, and irrigation
water supply improvement through secondary water development.
Additionally, proposed activities would reduce strain on existing
secondary residential water supply systems, reduce flooding danger,
protect the watershed, and provide recreational opportunities within
the watershed.
Anticipated Permits and Authorizations
The following permits and 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.
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 Tremonton, Elwood, Bear
River City, Garland, and Box Elder County for all construction work
within the local roadway rights-of-way.
Encroachment Permit. The proposed action may require
coordination and permitting with Utah Department of Transportation for
temporary construction work within state and federal 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 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 public scoping meeting was held on November 9, 2023. Comments
received, including the names and addresses of those who commented, are
part of the public record. 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.
The Bear River Water Conservancy District, the Bear River Canal
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, the Bear River Water Conservancy District, the Bear River
Canal 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.
The U.S. Environmental Protection Agency, U.S. Army Corps of Engineers,
and U.S. Bureau of Reclamation have joined as cooperating agencies, and
will continue to be consulted throughout this process.
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
Lower Bear River 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.
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 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
[[Page 50554]]
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
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. 2024-13062 Filed 6-13-24; 8:45 am]
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