[Federal Register Volume 90, Number 154 (Wednesday, August 13, 2025)]
[Notices]
[Pages 38946-38949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15342]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2025-0137]
Notice of Intent To Prepare an Environmental Impact Statement for
the Black River Watershed in Butler County, Missouri
AGENCY: Natural Resources Conservation Service, U.S. Department of
Agriculture (USDA).
ACTION: Notice of intent (NOI) to prepare an environmental impact
statement; notice of public meeting.
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SUMMARY: The Natural Resources Conservation Service (NRCS) Missouri
State Office announces its intent to prepare an Environmental Impact
Statement (EIS) for a proposed action involving the segment of the
Black River in Butler County, Missouri, that reaches from the city of
Poplar Bluff south to the Missouri-Arkansas state line. This reach of
the Black River intersects four adjacent watersheds: Little Hunting
Slough-Black River, Catherine Slough, Blue Spring Slough, and Old
Menorkenut Slough. Along this stretch of river are residences,
agricultural land, developed land, and the Coon Island Conservation
Area. NRCS is requesting that interested individuals, Federal and State
agencies, and Tribes participate in
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the scoping process for the EIS by attending the initial public scoping
meeting and by submitting comments as described below. The goal of
scoping is for NRCS to obtain input on identifying significant issues,
potential alternatives, information, and analyses relevant to the
proposed action.
DATES: Initial Public Scoping Meeting Date--August 20, 2025, 6:00 p.m.
Comments--We invite you to submit comments in response to this notice.
Please submit comments by September 12, 2025.
ADDRESSES: The initial public scoping meeting will be held at Ozark
Foothills Regional Planning Commission, 3019 Fair Street, Poplar Bluff,
Missouri 63901. 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-2025-0137. Follow the
online instructions for submitting comments; or
Agency Website: https://www.nrcs.usda.gov/programs-initiatives/watershed-programs/missouri/watershed-programs-mo. Follow
the instructions for sending comments on the Black River EIS; or
Mail: USDA-NRCS Acting Assistant State Conservationist for
Water Resources and Easements, 601 Business Loop 70 West, Suite 250,
Columbia, MO 65203. Specify the Black River EIS in your correspondence;
or
Hand-delivery or courier: Natural Resources Specialist,
Butler County USDA Service Center, 4327 Highway 67 North, Poplar Bluff,
MO 63901. Specify the Black River EIS in your correspondence.
All substantive comments received will be posted without change and
made publicly available on the agency website or on
www.regulations.gov, based on method received, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Andy Rackers, P.E., State Conservation
Engineer, telephone: 573-876-9376; email: [email protected].
Specify the Black River EIS in your inquiry.
Individuals who require alternative means for communication should
contact the 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 proposed action is to prevent or reduce
damage that results from flooding of the Black River in Butler County,
Missouri. Flooding along the Black River in recent years has damaged
agricultural land and infrastructure, interfered with the production of
agricultural commodities, and interrupted transit by inundating roads
and bridges. Most of the damage occurs when the existing levee system
breaches and sends floodwater onto the landscape. The most recent levee
system breaches occurred in 2008, 2011, 2017, and 2024.
The EIS will develop and evaluate potential measures for addressing
the range of issues caused by flooding, including property damage,
reduced agricultural productivity and income, the socioeconomic impacts
of traffic disruptions, delays in emergency response, and loss of life.
The EIS will be prepared as required by section 102(2)(C) of the
National Environmental Policy Act of 1969 (NEPA) and NRCS regulations
in 7 CFR Subtitle A Part 1b (7 CFR 1b).
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).
Reorganized Butler County Drainage District No. 7 (DD7), North
Inter-River Drainage District (IRDD), and Ring Levee Drainage District
(RLDD) are the Sponsoring Local Organizations (SLOs) for the proposed
action. The drainage districts are granted authority under State of
Missouri Title XV, Chapter 243 to organize, appoint a board, and levy
taxes for improvements to drainage district infrastructure to benefit
public health, convenience, and welfare of the local population. In the
National Levee Database, the authorization category for DD7 and IRDD is
Locally Constructed, Locally Operated and Maintained; RLDD is in the
category Federally Authorized by the U.S. Army Corps of Engineers
(USACE) and Operated and Maintained by Another Entity (meaning RLDD).
Preliminary Proposed Action and Alternatives, Including No Action
The EIS will identify and evaluate all reasonable alternatives for
addressing the cause(s) of flooding in the Black River watershed and
potential solutions for preventing or reducing damage. A known cause of
flooding is deterioration of the levee infrastructure that has been in
place for many decades. Other issues and opportunities may be
identified during the EIS process.
The EIS is expected to evaluate four alternatives: three action
alternatives and one no-action alternative, as described below. The
action alternatives may not be mutually exclusive and may not be
limited to the preliminary alternatives described here, depending on
public and agency input going forward. The action alternatives, along
with other scenarios, were explored in a 2023 hydrology study by USACE,
which included local stakeholder input.\1\
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\1\ USACE. 2023. Hydrologic Analysis of the Black River in
Southeast Missouri.
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Alternative 1, No Action: This alternative represents what would
happen if no Federal assistance or funding were provided. In the No-
Action Alternative, the levee system would continue to be vulnerable to
breaches and consequent flooding of land surrounding the Black River.
The local community would continue to face the risk of property damage,
negative socioeconomic impacts, and public safety issues.
Alternative 2, Proposed Action--Two-stage Ditches: These are
drainage canals that have been modified from the conventional
trapezoidal cross-section by adding benches on either side of an inset
channel. The benches serve as floodplains within the drainage canal,
emulating natural fluvial form and process more closely than
conventional drainage canals, leading to greater channel stability and
reduced nutrient loading. As modeled in the USACE study, two-stage
ditches reduced flood duration more than they reduced peak flood
elevation. Potential specific locations and designs for two-stage
ditches will be evaluated as part of the EIS.
Alternative 3, Proposed Action--Standard Channel Cleanout or
Maintenance with a Low-water Weir at Swift Ditch: The standard channel
cleanout or maintenance would be implemented from upstream of the
Hargrove Pivot Bridge (where County Road 658 crosses the Black River)
south to the state border with Arkansas. Swift Ditch runs roughly
parallel to the Black River for a portion of this stretch. Combining
channel cleanout or maintenance with a low-water weir at Swift Ditch
would improve river efficiency and allow the river to naturally scour
and increase carrying capacity with less risk than other scenarios
causing head cutting and bank failures. This alternative would restrict
flow in Swift Ditch and direct the river's energy back towards the
Black River, removing much of the deposition that has occurred.
Potential cleanout
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methods, weir designs, and specific locations for these measures will
be evaluated as part of the EIS.
Alternative 4, Proposed Action--Levee Setbacks: The Black River is
narrowly confined by levees that are close to the river on both sides.
Relocating strategic sections of levee to a greater distance from the
river's edge would provide more space for the river to flow. As modeled
in the USACE study, levee setbacks reduced flood flows in duration and
in peak flood elevation for nearly the full range of flows analyzed.
Levee setbacks would also reduce the pressure and risk of failure on
the existing levee layout. Potential specific locations and extents for
levee setbacks will be evaluated as part of the EIS.
Summary of Expected Impacts
The natural resources and aspects of the human environment to be
analyzed in the EIS for potential impacts include soils, farmland,
erosion, surface and groundwater quality and quantity, wetlands,
waterways, floodplains, air quality, endangered and threatened species,
fish and wildlife habitats, migratory birds, riparian areas, invasive
species, cultural and historic resources, socioeconomics, public health
and safety, and transportation, among others.
The natural resources and aspects of the human environment that
have more potential than others to be impacted--whether positively or
negatively--include the socioeconomics of agricultural production and
for landowners, wooded areas of levees or drainage canals that may
provide habitat for endangered bats, possible changes in the flood
regime in the Coon Island Conservation Area, and the ecosystem services
provided by floodplains, wetlands, and riparian areas. The full list of
concerns to be analyzed for potential impacts will be developed through
public scoping, agency consultations, and other steps in the EIS
process.
Anticipated Permits and Authorizations
The following permits and authorizations, among others, will be
evaluated for relevance to the proposed action.
Federal Emergency Management Agency, Floodplain
Development Permit. Implementation of the proposed action will require
coordination with the local floodplain administrator and may require a
Floodplain Development Permit to ensure all development and engineering
requirements for construction within Special Flood Hazard Areas are
implemented.
Clean Water Act (CWA), National Pollutant Discharge
Elimination System (NPDES), and Missouri State 401 Water Quality
Certification. Implementation of the proposed action will require NPDES
permitting under section 402 of the CWA and section 404 of the CWA for
potential impacts on the Black River and associated wetlands. If a
USACE Individual Permit is required, water quality certification under
section 401 of the CWA will be required from the Missouri Department of
Natural Resources. If the work is accomplished under USACE Nationwide
Permits, then a programmatic Clean Water Section 401 certification may
be granted under specific pre-established conditions.
Rivers and Harbors Act. Consultation with USACE will be
conducted as required by Section(s) 10 and/or 14 the Rivers and Harbors
Act.
National Historic Preservation Act (NHPA) Section 106.
Consultation with Tribal Nations and interested parties will be
conducted as required by NHPA.
Endangered Species Act (ESA) Section 7. Consultation with
the U.S. Fish and Wildlife Service will be conducted based on ESA
requirements.
Schedule of Decision-Making Process
Following the initial public scoping meeting and comment period
described above, NRCS will prepare a Draft EIS (DEIS) and circulate it
for review and comment by agencies, Tribes, consulting parties, and the
public for 45 days.
Changes resulting from the DEIS public comments will be
incorporated into the Final EIS, to be published within 24 months after
publication of this NOI. 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
Missouri State Conservationist.
Public Scoping Process
In addition to the initial public scoping meeting and comment
period described above, NRCS and the SLOs are planning to hold a second
public meeting during preparation of the DEIS to provide an opportunity
to review and comment on the alternatives that are developed. This
second meeting will also be an opportunity to express concern or
support and to gain further information regarding the proposed action.
NRCS will coordinate the scoping process to correspond with Section 106
of NHPA (54 U.S.C. 306108) as allowed in 36 CFR 800.2(d)(3) and 800.8.
Comments received, including the names and addresses of those who
comment, will become part of the public record. Scoping meeting
presentation materials will be available on the NRCS website during EIS
development.
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 EIS
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
action will assist NRCS in identifying and evaluating impacts on 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 on
cultural resources and historic properties, will be given due
consideration.
Authorities
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).
Federal Assistance Programs
The title and number of the Federal Assistance Program as found in
the Assistance Listing,\2\ to which this document applies is 10.904,
Watershed Protection and Flood Prevention.
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\2\ 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
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intergovernmental consultation with State and local officials.
Nathan Goodrich,
Acting NRCS State Conservationist, Columbia, Missouri Natural Resources
Conservation Service.
[FR Doc. 2025-15342 Filed 8-12-25; 8:45 am]
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